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RECEIVED 7/16/2007 at 1 :01 PM
RECEIVING # 931304
BOOK: 665 PAGE: 765
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MORTGAGE
KNOW ALL MEN BY THESE PRESENTS, that PAUL SMITH and DENISE
SMITH, husband and wife, of Afton, Wyoming, (hereafter "Mortgagor"), to secure the
payment of the principal sum of TWO HUNDRED AND FIVE THOUSAND DOLLARS
AND NO CENTS ($205,000.00), as evidenced by a Promissory Note dated of even date
herewith, to the order of KELLY S. BOOTH and VALERIE BOOTH, of Auburn,
Wyoming, (hereafter "Mortgagee") to be paid as follows:
A. Upon the execution of this Promissory Note ("Note") and Mortgage of even
date, the Mortgagor agrees and states that the Mortgagor owes the Mortgagee the amount
of TWO HUNDRED AND FIVE THOUSAND DOLLARS AND NO CENTS ($205,000.00),
and will pay the Mortgagee this amount plus interest, late charges and penalties, pursuant
to the terms of this Note and Mortgage of even date.
~ ~¿ B. The principal amount of TWO HUNDRED AND FIVE THOUSAND
I (;: DOLLARS AND NO CENTS ($205,000.00), shall accrue interest at the rate of five (5%)
í Ie percent per annum until paid in full to the Mortgagee.
C. During the term of this loan, the Mortgagor will pay to the Mortgagee,
monthly payments in the amount of ONE THOUSAND THREE HUNDRED AND FIFTY
TWO DOLLARS AND NINETY ONE CENTS ($1352.91), over a twenty (20) year period and
at the end of the twenty (20) year period, all the principal, interest, penalties and late
charges will be due and payable in full,
D, Tne Mortgagor shall make monthly payments, beginning on September 1,
2007, based upon the twenty (20) year amortization schedule, which is attached hereto as
"Exhibit A" and inade part of this document by reference and incorporation. The estimated
monthly payments will be ONE THOUSAND THREE HUNDRED AND FIFTY TWO
DOLLARS ANDiNINETY ONE CENTS ($1352.91) with the final estimated payment being
ONE THOUSAND THREE HUNDRED AND FIFTY TWO DOLLARS AND NINETY ONE
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CENTS ($1352,91),
E. The Mortgagor may prepay the principal amount in whole or in part at any
time without penalty. Any partial prepayment shall be applied against the principal amount
outstanding and shall not postpone the due date of any subsequent monthly installments
or change the amounts of such installments, unless the Mortgagee shall agree in writing.
F. If any payment is made more than thirty (30) days after the date due, the
Mortgagor shall pay an additional fifty dollars ($50.00) in the form of a late payment
charge and penalty to the Mortgagee.
MORTGAGOR hereby mortgages to Mortgagee, the following described real estate,
situated in the County of Lincoln, State of Wyoming:
See Description: Booth Adjusted - 12,651 acres, attached hereto
as~'Exhibit B"and incorporated herein by reference.
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Together with all water rights, mineral rights, improvements
and appurtenances thereon situate or in anywise appertaining
thereunto. Subject, however, to all reservations, restrictions,
exceptions, easements and rights-of-way of record or in use.
MORTGAGOR COVENANTS that Mortgagor is lawfully seized of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property and that the
Property is unencumbered, except for encumbrances of record. Mortgagor warrants and
will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record and additionally covenants and promises:
1. Payme~t of Principal, Interest, Prepayment Charges, and Late Charges. Mortgagor
shall pay when due the principal of, and interest on, the debt evidenced by the Note of even
date ("Note"), attd any prepayment charges and late charges due under the Note. Payments
due under the Note and this Security Instrument shall be made in U.S. currency. However,
if any check or o~her instrument received by Mortgagee as payment under the Note or this
Security Instrument is returned to Mortgagee unpaid, Mortgagee may require that any or
all subsequent payments due under the Note and this Security Instrument be made in one
or more of the following forms, as selected by Mortgagee: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check
is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer,
Payments are deemed received by Mortgagee when received at the location
designated in the Note or at such other location as may be designated by Mortgagee in
accordance with the notice provisions in this document and Note. Mortgagee may return
any payment or partial payment if the payment or partial payments are insufficient to bring
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the Loan current. Mortgagee may accept any payment or partial payment insufficient to
bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to
refuse such payment or partial payments in the future, but Mortgagee is not obligated to
apply such payments at the time such payments are accepted. If each Periodic Payment is
applied as of its scheduled due date, then Mortgagee need not pay interest on unapplied
funds, Mortgagee may hold such unapplied funds until Mortgagor makes payment to bring
the Loan curre:bt. If Mortgagor does not do so within a reasonable period of time,
Mortgagee shall either apply such funds or return them to Mortgagor, If not applied earlier,
such funds will be applied to the outstanding principal balance under the Note immediately
prior to foreclosure. No offset or claim which Mortgagor might have now or in the future
against Mortgagee shall relieve Mortgagor from making payments due under the Note and
this Security Instrument or performing the covenants and agreements secured by this
Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section
2, all payments accepted and applied by Mortgagee shall be applied in the following order
of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts
due under Sectibn 3, Such payments shall be applied to each Periodic Payment in the order
in which it became due. Any remaining amounts shall be applied first to late charges,
second to any other amounts due under this Security Instrument, and then to reduce the
principal balance of the Note.
If Mortgagee receives a payment from Mortgagor for a delinquent Periodic Payment
which includes ä sufficient amount to pay any late charge due, the payment may be applied
to the delinquent payment and the late charge. If more than one Periodic Payment is
outstanding, Mòrtgagee may apply any payment received from Mortgagor to the repayment
of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the
extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the
Note. '
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to
principal due under the Note shall not extend or postpone the due date, or change the
amount, of the Periodic Payments,
3· Charges; Liens. Mortgagor shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security
Instrument, leasehold payments or ground rents on the Property, if any, and Community
Association Dues, Fees, and Assessments, if any, Mortgagee may pay any tax assessment
or other costs associated with the property, if delinquent. The amount paid shall accrue
interest in the amount of 21% until paid by the Mortgagor. Any delinquent tax, assessment
or charge paid by the Mortgagee shall constitute default under this security agreement.
Mortgagor shall promptly discharge any lien which has priority over this Security
Instrument unlèss Mortgagor: (a) agrees in writing to the payment of the obligation
secured by the lien in a manner acceptable to Mortgagee, but only so long as Mortgagor is
performing such agreement; (b) contests the lien in good faith by, or defends against
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enforcement of the lien in, legal proceedings which in Mortgagee's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until
such proceedings are concluded; or (c) secures from the holder of the lien an agreement
satisfactory to Mortgagee subordinating the lien to this Security Instrument. If Mortgagee
determines that,any part of the Property is subject to a lien which can attain priority over
this Security Instrument, Mortgagee may give Mortgagor a notice identifying the lien.
Within lodays of the date on which that notice is given, Mortgagor shall satisfy the
lien or take one or more of the actions set forth above in this Section 3.
Mortgagee may require Mortgagor to pay a one-time charge for a real estate tax
verification and! or reporting service used by Mortgagee in connection with this Loan.
4· Property Insurance, Mortgagor shall keep the improvements now existing or
hereafter erected on the Property insured against loss by fire, hazards included within the
term "extended coverage," and any other hazards including, but not limited to,
earthquakes and floods, for which Mortgagee requires insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that
Mortgagee requires. What Mortgagee requires pursuant to the preceding sentences can
change during the term of the Loan. The insurance carrier providing the insurance shall
be chosen by Mortgagor subject to Mortgagee's right to disapprove Mortgagor's choice,
which right shall-not be exercised unreasonably. Mortgagee may require Mortgagor to pay,
in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination
and certification;services and subsequent charges each time remappings or similar changes
occur which reasonably might affect such determination or certification. Mortgagor shall
also be responsîble for the payment of any fees imposed by the Federal Emergency
Management Agency in connection with the review of any flood zone determination
resulting from an objection by Mortgagor.
If Mortgagor fails to maintain any of the coverages described above, Mortgagee may
obtain insurance coverage, at Mortgagee's option and Mortgagor's expense. Mortgagee is
under no obligation to purchase any particular type or amount of coverage. Therefore,
such coverage shall cover Mortgagee, but might or might not protect Mortgagor,
Mortgagor's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in
effect. Mortgagor acknowledges that the cost of the insurance coverage so obtained might
significantly exèeed the cost of insurance that Mortgagor could have obtained. Any
amounts disbursed by Mortgagee under this section shall become additional debt of
Mortgagor secured by this Security Instrument, These amounts shall bear interest at the
Note rate from the date of disbursement and shall be payable, with such interest, upon
notice from Mortgagee to Mortgagor requesting payment.
All insurance policies required by Mortgagee and renewals of such policies shall be
subject to Mortgagee's right to disapprove such policies, shall include a standard mortgage
clause, and shall name Mortgagee as mortgagee and! or as an additional loss payee.
Mortgagee shall 'have the right to hold the policies and renewal certificates. If Mortgagee
requires, Mortgagor shall promptly give to Mortgagee all receipts of paid premiums and
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renewal notices, 'If Mortgagor obtains any form of insurance coverage, not otherwise
required by Mo~gagee, for damage to, or destruction of, the Property, such policy shall
include a standard mortgage clause and shall name Mortgagee as mortgagee and/ or as an
additional loss payee.
In the event ofloss, Mortgagor shall give prompt notice to the insurance carrier and
,.
Mortgagee. Mortgagee may make proof ofloss if not made promptly by Mortgagor. Unless
Mortgagee and Mortgagor otherwise agree in writing, any insurance proceeds, whether or
not the underlying insurance was required by Mortgagee, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and
Mortgagee's security is not lessened. During such repair and restoration period, Mortgagee
shall have the right to hold such insurance proceeds until Mortgagee has had an
opportunity to inspect such Property to ensure the work has been completed to
Mortgagee's satisfaction, provided that such inspection shall be undertaken promptly.
Mortgagee may disburse proceeds for the repairs and restoration in a single payment or
in a series of progress payments as the work is completed. Unless an agreement is made
in writing or Applicable Law requires interest to be paid on such insurance proceeds,
Mortgagee shall not be required to pay Mortgagor any interest or earnings on such
proceeds. Fees for public adjusters, or other third parties, retained by Mortgagor shall not
be paid out of th¢ insurance proceeds and shall be the sole obligation of Mortgagor. If the
restoration or r~pair is not economically feasible or Mortgagee's security would be
lessened, the in~urance proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Mortgagor. Such
insurance proceeds shall be applied in the order provided for in Section 2.
If Mortgagor abandons the Property, Mortgagee may file, negotiate and settle any
available insurance claim and related matters. If Mortgagor does not respond within 30
days to a notice from Mortgagee that the insurance carrier has offered to settle a claim,
then Mortgagee may negotiate and settle the claim, The 30-day period will begin when the
notice is given, In either event, or if Mortgagee acquires the Property under Section 19 or
otherwise, Mortgagor hereby assigns to Mortgagee (a) Mortgagor's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security
Instrument, and (b) any other of Mortgagor's rights (other than the right to any refund of
unearned premiums paid by Mortgagor) under all insurance policies covering the
Property, insofar as such rights are applicable to the coverage of the Property, Mortgagee
may use the ins1.Írance proceeds either to repair or restore the Property or to pay amounts
unpaid under tHe Note or this Security Instrument, whether or not then due.
5· Preservation, Maintenance and Protection of the Property; Inspections. Mortgagor
shall not destroy, damage or impair the Property, allow the Property to deteriorate or
commit waste on the Property. Whether or not Mortgagor is residing in the Property,
Mortgagor shall 'maintain the Property in order to prevent the Property from deteriorating
or decreasing in'value due to its condition. Unless it is determined pursuant to Section 4
that repair or restoration is not economically feasible, Mortgagor shall promptly repair the
Property if damaged to avoid further deterioration or damage, If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the
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Property, Mortgagor shall be responsible for repairing or restoring the Property only if
Mortgagee has released proceeds for such purposes. Mortgagee may disburse proceeds for
the repairs and restoration in a single payment or in a series of progress payments as the
work is completed. If the insurance or condemnation proceeds are not sufficient to repair
or restore the Property, Mortgagor is not relieved of Mortgagor's obligation for the
completion of such repair or restoration.
Mortgagee or its agent may make reasonable entries upon and inspections of the
Property. If it has reasonable cause, Mortgagee may inspect the interior of the
improvements on the Property, Mortgagee shall give Mortgagor notice at the time of or
prior to such an interior inspection specifying such reasonable cause.
6. Mortgagor's Loan Application, Mortgagor shall be in default if, during the Loan
application process, Mortgagor or any persons or entities acting at the direction of
Mortgagor or with Mortgagor's knowledge or consent gave materially false, misleading,
or inaccurate information or statements to Mortgagee (or failed to provide Mortgagee with
material information) in connection with the Loan.
7, Protection of Mortgagee's Interest in the Property and Rights Under this Security
Instrument. If (8) Mortgagor fails to perform the covenants and agreements contained in
this Security Instrument, (b) there is a legal proceeding that might significantly affect
Mortgagee's inte'rest in the Property and/or rights under this Security Instrument (such
as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement
of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Mortgagor has abandoned the Property, then Mortgagee may do and
pay for whatevér is reasonable or appropriate to protect Mortgagee's interest in the
Property and rights under this Security Instrument, including protecting and/ or assessing
the value of the Ptoperty, and securing and/or repairing the Property. Mortgagee's actions
can include, but are not limited to: (a) paying any sums secured by a lien which has
priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the
Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building
or other code violations or dangerous conditions, and have utilities turned on or off.
Although Mortgilgee may take action under this Section 7, Mortgagee does not have to do
so and is not under any duty or obligation to do so. It is agreed that Mortgagee incurs no
liability for not taking any or all actions authorized under this Section.
Any amounts disbursed by Mortgagee under this Section shall become additional
debt of Mortgagor secured by this Security Instrument. These amounts shall bear interest
at the Note rate!from the date of disbursement and shall be payable, with such interest,
upon notice from Mortgagee to Mortgagor requesting payment,
If this Sec~rity Instrument is on a leasehold, Mortgagor shall comply with all the
provisions of the lease. If Mortgagor acquires fee title to the Property, the leasehold and
the fee title shall not merge unless Mortgagee agrees to the merger in writing.
8. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds
,
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are hereby assigned to and shall be paid to Mortgagee,
If the Property is damaged, such Miscellaneous Proceeds shall be applied to
restoration or re,pair of the Property, if the restoration or repair is economically feasible
and Mortgagee'~ security is not lessened, During such repair and restoration period,
Mortgagee shall have the right to hold such Miscellaneous Proceeds until Mortgagee has
had an opportunity to inspect such Property to ensure the work has been completed to
Mortgagee's satisfaction, provided that such inspection shall be undertaken promptly.
Mortgagee may pay for the repairs and restoration in a single disbursement or in a series
of progress payments as the work is completed. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Mortgagee
shall not be required to pay Mortgagor any interest or earnings on such Miscellaneous
Proceeds. If the restoration or repair is not economically feasible or Mortgagee's security
would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with the excess, if any, paid to
Mortgagor. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Mortgagor.
In the event of a partial taking, destruction, or loss in value of the Property in which
the fair market value of the Property immediately before the partial taking, destruction,
or loss in value i~ equal to or greater than the amount of the sums secured by this Security
Instrument imrilediately before the partial taking, destruction, or loss in value, unless
Mortgagor and Mortgagee otherwise agree in writing, the sums secured by this Security
Instrument shan be reduced by th amount of the Miscellaneous Proceeds multiplied by
the following fràction: (a) the total amount ofthe sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the
Property immediately before the partial taking, destruction, or loss in value. Any balance
shall be paid to Mortgagor,
In the event of a partial taking, destruction, or loss in value of the Property in which
the fair market value of the Property immediately before the partial taking, destruction,
or loss in value is less than the amount of the sums secured immediately before the partial
taking, destruction, or loss in value, unless Mortgagor and Mortgagee otherwise agree in
writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are then due.
If the Property is abandoned by Mortgagor, or if, after notice by Mortgagee to
Mortgagor that~he Opposing Party (as defined in the next sentence) offers to make an
award to settle ~ claim for damages, Mortgagor fails to respond to Mortgagee within 30
days after the d~te the notice is given, Mortgagee is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. "Opposing Party" means the
third party thaf, owes Mortgagor Miscellaneous Proceeds or the party against whom
Mortgagor has ~ right of action in regard to Miscellaneous Proceeds.
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Mortgagor shall be in default if any action or proceeding, whether civil or criminal,
is begun that, inMortgagee's judgment, could result in forfeiture of the Property or other
material impairment of Mortgagee's interest in the Property or rights under this Security
Instrument. Mortgagor can cure such a default and, if acceleration has occurred, reinstate
as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling
that, in Mortgagee's judgment, precludes forfeiture of the Property or other material
impairment of Mortgagee's interest in the Property or rights under this Security
Instrument. The proceeds of any award or claim for damages that are attributable to the
impairment of Mortgagee's interest in the Property are hereby assigned and shall be paid
to Mortgagee.
All Miscellaneous Proceeds that are not applied to restoration or repair of the
Property shall be applied in the order
provided for in Section 2.
9· Mortgagor Not Released; Forbearance By Mortgagee Not a Waiver. Extension of
the time for payment or modification of amortization of the sums secured by this Security
Instrument granted by Mortgagee to Mortgagor or any Successor in Interest of Mortgagor
shall not operate to release the liability of Mortgagor or any Successors in Interest of
Mortgagor. MOligagee shall not be required to commence proceedings against any
Successor in Int¢rest of Mortgagor or to refuse to extend time for payment or otherwise
modify amortizátion of the sums secured by this Security Instrument by reason of any
demand made by the original Mortgagor or any Successors in Interest of Mortgagor. Any
forbearance by Mortgagee in exercising any right or remedy including, without limitation,
Mortgagee's acceptance of payments from third persons, entities or Successors in Interest
of Mortgagor or'in amounts less than the amount then due, shall not be a waiver of or
preclude the eXèrcise of any right or remedy.
10. Joint and Several Liability; Co-signers; Successors and Assigns Bound.
Mortgagor covenants and agrees that Mortgagor's obligations and liability shall be joint
and several. However, any Mortgagor who co-signs this Security Instrument but does not
execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to
mortgage, grantand convey the co-signer's interest in the Property under the terms of this
Security Instruriient; (b) is not personally obligated to pay the sums secured by this
Security Instrument; and (c) agrees that Mortgagee and any other Mortgagor can agree
to extend, modify, forbear or make any accommodations with regard to the terms of this
Security Instrument or the Note without the co-signer's consent.
Subject to;lhe provisions of Section 15, any Successor in Interest of Mortgagor who
assumes Mortg~gor's obli gations under this Security Instrument in writing, and is
approved by Mortgagee, shall obtain all of Mortgagor's rights and benefits under this
Security Instrument, Mortgagor shall not be released from Mortgagor's obligations and
liability under this Security Instrument unless Mortgagee agrees to such release in writing.
The covenants and agreements of this Security Instrument shall bind (except as provided
in Section 17) and benefit the successors and assigns of Mortgagee,
11. Loan Charges. Mortgagee may charge Mortgagor fees for services performed in
connection with Mortgagor's default, for the purpose of protecting Mortgagee's interest
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in the Property and rights under this Security Instrument, including, but not limited to,
attorneys' fees, property inspection and valuation fees. In regard to any other fees, the
absence of expr.ess authority in this Security Instrument to charge a specific fee to
Mortgagor shall not be construed as a prohibition on the charging of such fee, Mortgagee
may not charge, fees that are expressly prohibited by this Security Instrument or by
Applicable Law..'
If the Loan is subject to a law which sets maximum loan charges, and that law is
finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall
be reduced by the amount necessary to reduce the charge to the permitted limit; and (b)
any sums already collected from Mortgagor which exceeded permitted limits will be
refunded to Mortgagor. Mortgagee may choose to make this refund by reducing the
principal owed under the Note or by making a direct payment to Mortgagor. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge (whether or not a prepayment charge is provided for under the Note).
Mortgagor's acceptance of any such refund made by direct payment to Mortgagor will
constitute a waiver of any right of action Mortgagor might have arising out of such
,
overcharge, '
12. NoticeS. All notices given by Mortgagor or Mortgagee in connection with this
Security Instrument must be in writing. Any notice to Mortgagor in connection with this
Security Instrument shall be deemed to have been given to Mortgagor when mailed by
first class mail or when actually delivered to Mortgagor's notice address if sent by other
means. Notice to anyone Mortgagor shall constitute notice to all Mortgagors unless
Applicable Law'expressly requires otherwise. The notice address shall be the Property
Address unless Mortgagor has designated a substitute notice address by notice to
Mortgagee. Mortgagor shall promptly notify Mortgagee of Mortgagor's change of address.
If Mortgagee specifies a procedure for reporting Mortgagor's change of address, then
Mortgagor shall only report a change of address through that specified procedure, There
may be only one designated notice address under this Security Instrument at anyone time.
Any notice to Mortgagee shall be given by delivering it or by mailing it by first class mail
to Mortgagee's :;iddress stated herein unless Mortgagee has designated another address
by notice to Moittgagor. Any notice in connection with this Security Instrument shall not
be deemed to hdve been given to Mortgagee until actually received by Mortgagee, If any
notice required;by this Security Instrument is also required under Applicable Law, the
Applicable Law; requirement will satisfy the corresponding require ment under this
Security Instrument.
13· Governing Law; Severability; Rules of Construction, This Security Instrument
shall be governéd by federal law and the law of the jurisdiction in which the Property is
located. All rights and obligations contained in this Security Instrument are subject to any
requirements and limitations of Applicable Law, Applicable Law might explicitly or
implicitly allow the parties to agree by contract or it might be silent, but such silence shall
not be construed as a prohibition against agreement by contract. In the event that any
provision or cla*se of this Security Instrument or the Note conflicts with Applicable Law,
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such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision.
Aß used in this Security Instrument: (a) words of the masculine gender shall mean
and include corresponding neuter words or words of the feminine gender; (b) words in the
singular shall mean and include the plural and vice versa; and (c) the word "may" gives
sole discretion "'~thout any obligation to take any action.
14, Mortgàgor's Copy. Mortgagor shall be given one copy of the Note and of this
Security Instrument.
15· Transfer of the Property or a Beneficial Interest in Mortgagor, Aß used in this
Section 15, "Interest in the Property" means any legal or beneficial interest in the Property,
including, but not limited to, those beneficial interests transferred in a bond for deed,
contract for deed, installment sales contract or escrow agreement, the intent of which
is the transfer of title by Mortgagor at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or
transferred (or. if Mortgagor is not a natural person and a beneficial interest in
Mortgagor is sold or transferred) without Mortgagee's prior written consent,
Mortgagee may'require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Mortgagee if such exercise
is prohibited by Applicable Law.
If Mortgagee exercises this option, Mortgagee shall give Mortgagor notice of
acceleration. The notice shall provide a period of not less than 30 days from the date
the notice is given in accordance with Section 12 within which Mortgagor must pay all
sums secured by this Security Instrument. If Mortgagor fails to pay these sums prior to
the expiration of this period, Mortgagee may invoke any remedies permitted by this
Security Instrument without further notice or demand on Mortgagor.
16. Mortgagor's Right to Reinstate After Acceleration. If Mortgagor meets certain
conditions, Mortgagor shall have the right to have enforcement of this Security
Instrument discontinued at any time prior to the earliest of: (a) five days before sale of
the Property pursuant to any power of sale contained in this Security Instrument; (b)
such other period as applicable law might specify for the termination of Mortgagor's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Mortgagor: (a) pays Mortgagee all sums which then would be due
under this Security Instrument and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (c) pays all expenses incurred
in enforcing this Security Instrument, including, but not limited to, reasonable
attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Mortgagee's interest in the Property and rights under this
Security Instrmhent; and (d) takes such action as Mortgagee may reasonably require to
assure that Mç>rtgagee's interest in the Property and rights under this Security
Instrument, an,d Mortgagor's obligation to pay the sums secured by this Security
Instrument, sh*ll continue unchanged. Mortgagee may require that Mortgagor pay
such reinstatement sums and expenses in one or more of the following forms, as
selected by MQrtgagee: (a) cash; (b) money order; (c) certified check, bank check,
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Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110-1550
Page 10 of 13
O')07~"S
treasurer's check or cashier's check, provided any such check is drawn upon an
institution whos:e deposits are insured by a federal agency, instrumentality or entity; or
(d) Electronic Funds Transfer, Upon reinstatement by Mortgagor, this Security
Instrument and obligations secured hereby shall remain fully effective as if no
acceleration had occurred, However, this right to reinstate shall not apply in the case of
acceleration unøer Section 15.
17· Sale ot Note; Change of Loan Servicer. The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without
prior notice to Mortgagor. A sale might result in a change in the entity (known as the
"Loan Servicer") that collects Periodic Payments due under the Note and this Security
Instrument and performs other mortgage loan servicing obligations under the Note
and this Security Instrument.
18. Hazardous Substances, As used in this Section 18: (a) "Hazardous Substances"
are those substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances: gasoline, kerosene, other flammable
or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental
Law" means federal laws and laws of the jurisdiction where the Prop~rty is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup"
includes any response action, remedial' action, or removal action, as defined in
Environmental taw; and (d) an "Environmental Condition" means a condition that can
cause, contribute to, or otherwise trigger an Environmental Cleanup,
Mortgagot shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardo11s Substances, or threaten to release any Hazardous Substances, on or in
the Property. Mbrtgagor shall not do, nor allow anyone else to do, anything affecting the
Property (a) that is in violation of any Environmental Law, (b) which creates an
Environmental' Condition, or (c) which, due to the presence, use, or release of a
Hazardous Subßtance, creates a condition that adversely affects the value of the
Property. The preceding two sentences shall not apply to the presence, use, or storage
on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the
Property (including, but not limited to, hazardous substances in consumer products).
Mortgago.r shall promptly give Mortgagee written notice of (a) any investigation,
claim, demand,,~ lawsuit or other action by any governmental or regulatory agency or
private party in;volving the Property and any Hazardous Substance or Environmental
Law of which 'Mortgagor has actual knowledge, (b) any Environmental Condition,
including but n~t limited to, any spilling, leaking, discharge, release or threat of release
of any Hazardc;>us Substance, and (c) any condition caused by the presence, use or
release of a Hazardous Substance which adversely affects the value of the Property. If
Mortgagor learns, or is notified by any governmental or regulatory authority, or any
private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Mortgagor shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create
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Bowers Law Firm, PC
Post Office Box 1550
AIton, Wyoming 83110-1550
Page 11 of 13
any obligation on Mortgagee for an Environmental Cleanup.
19, Acceleration; Remedies, Mortgagee shall give notice to Mortgagor prior to
acceleration following Mortgagor's breach of any covenant or agreement in this Security
Instrument (but not prior to acceleration under Section 15 unless Applicable Law
provides otherWise). The notice shall specify: (a) the default; (b) the action required to
cure the default; (c) a date, not less than 30 days from the date the notice is given to
Mortgagor, by which the default must be cured; and (d) that failure to cure the default
on or before the date specified in the notice may result in acceleration of the sums
secured by this Security Instrument and sale of the Property, The notice shall further
inform Mortgagor of the right to reinstate after acceleration and the right to bring a
court action to assert the non-existence of a default or any other defense of Mortgagor
to acceleration and sale. If the default is not cured on or before the date specified in the
notice, Mortgagee at its option may require immediate payment in full of all sums
secured by this Security Instrument without further demand and may invoke the power
of sale and any other remedies permitted by Applicable Law. Mortgagee shall be entitled
to collect all expenses incurred in pursuing the remedies provided in this Section 19,
including, but nbt limited to, reasonable attorneys I fees and costs of title evidence.
If Mortgagee invokes the power of sale, Mortgagee shall give notice of intent to
foreclose to Mortgagor and to the person in possession of the Property, if different, in
accordance witHApplicable Law, Mortgagee shall give notice of the sale to Mortgagor in
the manner proVided in Section 12, Mortgagee shall publish the notice of sale, and the
Property shall be sold in the manner prescribed by Applicable Law. Mortgagee or its
designee m ay purchase the Property at any sale. The proceeds of the sale shall be
applied in the fôllowing order: (a) to all expenses of the sale, including, but not limited
to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and
(c) any excess tò the person or persons legally entitled to it,
20. Release. Upon payment of all sums secured by this Security Instrument,
Mortgagee shall release this Security Instrument. Mortgagor shall pay any recordation
costs. Mortgagee may charge Mortgagor a fee for releasing this Security Instrument, but
only if the fee is: paid to a third party for services rendered and the charging of the fee is
permitted under Applicable Law.
21. Waivers, Mortgagor releases and waives all rights under and by virtue of the
homestead exer:þption laws of Wyoming,
22. The ¿Oven ants herein contained shall bind, and the benefits and advantages
shall inure to, tbe respective heirs, executors, administrators, successors, and assigns of
the parties herèto. Whenever used, the singular number shall include the plural, the
plural the singular, and the use of any gender shall include all genders.
23· Whenever used herein, the terms "mortgagor" and "mortgagee" include all the
parties to this' instrument and the heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations; and the term "Note"
includes all the notes herein described if more than one.
O")#'t·7....··~
-~", ,,~~ ~- t~ U
All rights to the use of this document
reserved by;
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110-1550
Page 12 of 13
9'ß10777
BY SIGNING BELOW, MORTGAGOR ACCEPTS AND AGREES TO THE TERMS AND
COVENANTS CONTAINED IN THIS SECURITY INSTRUMENT AND IN ANY RIDER EXECUTED BY
MORTGAGOR AND RECORDED WITH IT.
IN WITNESS WHEREOF, this document executed the i 2 day of July, 2007.
~/;?Jd
P}(ULSMI1W'
~{~¿ ~<:¡¡~
DENISE SMITH '-
STATE OB WYOMING )
.. ) ss.
COUNTY OF LINCOLN) ;4.
The foregoing was acknowledged before my by PAUL SMITH, this Jd day of
July 2007, .
WITNES~ my hand and official seal.
t
My commission expires: 15 '" 5 -ù 9
STATE OF WYOMING
HEIDI BROWN· NOTARY PUBUO
County of of
Unooln Wyoming
My Commission expires August 5, 2009
)
) ss,
COUNTY ,OF LINCOLN ) rb
The foregoing was acknowledged before my by DENISE SMITH, this~ day of
July, 2007,
My comm'ission expires: 0" S Ù 9
WITNESS my hand and official seal.
HEIDI BROWN - NOTARY PUBUO
County of . State of
Unooln Wyoming
l My CommissIon expires August 5, 2009
Page 13 of 13
All rights to the use of this document
reserved by:
Bowers Law Firm, PC
Post Office Box 1550
ACton, Wyoming 83110-1550
Booth-SmiU.
Principal: 205,000.00
Monthly payment
Final estimated payment
Date
9/2007
10/2007
11/2007
12/2007
2007 Totals
1/2008
2/2008
3/2008
4/2008
5/2008
6/2008
7/2008
8/2008
9/2008
10/2008
11/2008
12/2008
2008 Totals
1/2009
2/2009
3/2009
4/2009
5/2009
6/2009
7/2009
8/2009
9/2009
10/2009
11/2009
12/2009
2009 Totals
1/2010
2/2010
3/2010
4/2010
5/2010
6/2010
7/2010
8/2010
9/2010
10/2010
11/2010
12/2010
2010 Totals
Int. Rate: 5.000 % Years: 20
1,352.91
1,352.69
Months:
No.
Interest
Principal
1
2
3
4
854.17
852.09
850.00
847.91
498.74
500.82
502.91
505.00
3,404.17
2,007.47
5
6
7
8
9
10
11
12
13
14
15
16
845.80
843.69
841.57
839.44
837.30
835.15
832.99
830.83
828.65
826.47
824.27
822.07
507.11
509.22
511.34
513.47
515.61
517.76
519.92
522.08
524.26
526.44
528.64
530.84
"
10,008.23
6,226.69
17
18
19
20
21
22
23
24
25
26
27
28
819.86
817.64
815.41
813 .17
810.92
808.66
806.39
804.11
801. 83
799.53
797.23
794.91
533.05
535.27
537.50
539.74
541.99
544.25
546.52
548.80
551.08
553.38
555.68
558.00
9,689.66
6,545.26
29
30
31
32
33
34
35
36
37
38
39
40
792.59
790.25
787.91
785.55
783.19
780.81
778.43
776.04
773.63
771.22
768.80
766.36
560.32
562.66
565.00
567.36
569.72
572.10
574.48
576.87
579.28
581.69
584.11
586.55
9,354.78
6,880.14
Balance
204,501.26
204,000.44
203,497.53
202,992.53
202,485.42
201,976.20
201,464.86
200,951.39
200,435.78
199,918.02
199,398.10
198,876.02
198,351.76
197,825.32
197,296.68
196,765.84
196,232.79
195,697.52
195,160.02
194,620.28
194,078.29
193,534.04
192,987.52
192,438.72
191,887.64
191,334.26
190,778.58
190,220.58
189,660.26
189,097.60
188,532.60
187,965.24
187,395.52
186,823.42
186,248.94
185,672.07
185,092.79
184,511.10
183,926.99
183,340.44
-1) '-',....,~ Q
',.If ". (" .' ,. CJ
2/2011 42 761.46 591.45 182,160.00
3/2011 43 593.91 181,566.09 0''1\ C 7"": 9
759.00 I .;" ,). 1"'
4/2011 44 756.53 596.38 180,969.71
5/2011 45 754.04 598.87 180,370.84
6/2011 46 751.55 601.36 179,769.48
7/2011 47 749.04 603.87 179,165.61
8/2011 48 746.52 606.39 178,559.22
9/2011 49 744.00 608.91 177,950.31
10/2011 50 741.46 611.45 177,338.86
11/2011 51 738.91 614.00 176,724.86
12/2011 52 736.35 616.56 176,108.30
2011 Totals 9,002.78 7,232.14
1/2012 53 733.78 619.13 175,489.17
2/2012 54 731.20 621.71 174,867.46
3/2012 55 728.61 624.30 174,243.16
4/2012 56 726.01 626.90 173,616.26
5/2012 57 723.40 629.51 172,986.75
6/2012 58 720.78 632.13 172,354.62
7/2012 59 718.14 634.77 171,719.85
8/2012 60 715.50 637.41 171,082.44
9/2012 61 712.84 640.07 170,442.37
10/2012 62 710.18 642.73 169,799.64
11/2012 63 707.50 645.41 169,154.23
12/2012 64 704.81 648.10 168,506.13
2012 Totals 8,632.75 7,602.17
1/2013 65 702.11 650.80 167,855.33
2/2013 66 699.40 653.51 167,201.82
3/2013 67 696.67 656.24 166,545.58
4/2013 68 693.94 658.97 165,886.61
5/2013 69 691.19 661.72 165,224.89
6/2013 70 688.44 664.47 164,560.42
7/2013 71 685.67 667.24 163,893.18
8/2013 72 682.89 670.02 163,223.16
9/2013 73 680.10 672.81 162,550.35
10/2013 74 677.29 675.62 161,874.73
11/2013 75 674.48 678.43 161,196.30
12/2013 76 671.65 681.26 160,515.04
2013 Totals 8,243.83 7,991.09
1/2014 77 668.81 684.10 159,830.94
2/2014 78 665.96 686.95 159,143.99
3/2014 79 663.10 689.81 158,454.18
4/2014 80 660.23 692 . 68 157,761.50
5/2014 81 657.34 695.57 157,065.93
6/2014 82 654.44 698.47 156,367.46
7/2014 83 651.53 701.38 155,666.08
8/2014 84 648.61 704.30 154,961.78
9/2014 85 645.67 707.24 154,254.54
10/2014 86 642.73 710.18 153,544.36
11/2014 87 639.77 713.14 152,831.22
12/2014 88 636.80 716.11 152,115.11
2014 Totals 7,834.99 8,399.93
1/2015- 89 633.81 , __' .10 151,396.01
2/2015 90 630.82 722.09 150,673.92 O~O7[O
3/2015 91 627.81 725.10 149,948.82
4/2015 92 624.79 728.12 149,220.70
5/2015 93 621.75 731.16 148,489.54
6/2015 94 618.71 734.20 147,755.34
7/2015 95 615.65 737.26 147,018.08
8/2015 96 612.58 740.33 146,277.75
9/2015 97 609.49 743.42 145,534.33
10/2015 98 606.39 746.52 144,787.81
11/2015 99 603.28 749.63 144,038.18
12/2015 100 600.16 752.75 143,285.43
2015 Totals 7,405.24 8,829.68
1/2016 101 597.02 755.89 142,529.54
2/2016 102 593.87 759.04 141,770.50
3/2016 103 590.71 762.20 141,008.30
4/2016 104 587.53 765.38 140,242.92
5/2016 105 584.35 768.56 139,474.36
6/2016 106 581.14 771.77 138,702.59
7/2016 107 577.93 774.98 137,927.61
8/2016 108 574.70 778.21 137,149.40
9/2016 109 571.46 781.45 136,367.95
10/2016 110 568.20 784.71 135,583.24
11/2016 111 564.93 787.98 134,795.26
12/2016 112 561.65 791.26 134,004.00
2016 Totals 6,953.49 9,281.43
1/2017 113 558.35 794.56 133,209.44
2/2017 114 555.04 797.87 132,411.57
3/2017 115 551.71 801. 20 131,610,37
4/2017 116 548.38 804.53 130,805.84
5/2017 117 545.02 807.89 129,997.95
6/2017 118 541.66 811.25 129,186.70
7/2017 119 538.28 814.63 128,372.07
8/2017 120 534.88 818.03 127,554.04
9/2017 121 531.48 821.43 126,732.61
10/2017 122 528.05 824.86 125,907,75
11/2017 123 524.62 828.29 125,079.46
12/2017 124 521.16 831.75 124,247.71
2017 Totals 6,478.63 9,756.29
1/2018 125 517.70 835.21 123,412.50
2/2018 126 514.22 838.69 122,573.81
3/2018 127 510.72 842.19 121,731.62
4/2018 128 507.22 845.69 120,885.93
5/2018 129 503.69 849.22 120,036.71
6/2018 130 500.15 852.76 119,183.95
7/2018 131 496.60 856.31 118,327.64
8/2018 132 493.03 859.88 117,467.76
9/2018 133 489.45 863.46 116,604.30
10/2018 134 485.85 867.06 115,737.24
11/2018 135 482.24 870.67 114,866.57
12/2018 136 478.61 874.30 113,992 .27
2018 Totals 5,979.48 10,255.44
2/2019 138 471.31 881.60 112,232.73 O;pO?~1
3/2019 139 467.64 885.27 111,347.46
4/2019 140 463.95 888.96 110,458.50
5/2019 141 460.24 892.67 109,565.83
6/2019 142 456.52 896.39 108,669.44
7/2019 143 452.79 900.12 107,769.32
8/2019 144 449.04 903.87 106,865.45
9/2019 145 445.27 907.64 105,957.81
10/2019 146 441.49 911.42 105,046.39
11/2019 147 437.69 915.22 104,131.17
12/2019 148 433.88 919.03 103,212.14
2019 Totals 5,454.79 10,780.13
1/2020 149 430.05 922.86 102,289.28
2/2020 150 426.21 926.70 101,362.58
3/2020 151 422.34 930.57 100,432.01
4/2020 152 418.47 934.44 99,497.57
5/2020 153 414.57 938.34 98,559.23
6/2020 154 410.66 942.25 97,616.98
7/2020 155 406.74 946.17 96,670.81
8/2020 156 402.80 950.11 95,720.70
9/2020 157 398.84 954.07 94,766.63
10/2020 158 394.86 958.05 93,808.58
11/2020 159 390.87 962.04 92,846.54
12/2020 160 386.86 966.05 91,880.49
2020 Totals 4,903.27 11,331.65
1/2021 161 382.84 970.07 90,910.42
2/2021 162 378.79 974.12 89,936.30
3/2021 163 374.73 978.18 88,958.12
4/2021 164 370.66 982.25 87,975.87
5/2021 165 366.57 986.34 86,989.53
6/2021 166 362.46 990.45 85,999.08
7/2021 167 358.33 994.58 85,004.50
8/2021 168 354.19 998.72 84,005.78
9/2021 169 350.02 1,002.89 83,002.89
10/2021 170 345.85 1,007.06 81,995.83
11/2021 171 341.65 1,011.26 80,984,57
12/2021 172 337.44 1,015.47 79,969.10
2021 Totals 4,323.53 11,911.39
1/2022 173 333.20 1,019.71 78,949.39
2/2022 174 328.96 1,023.95 77,925.44
3/2022 175 324.69 1,028.22 76,897.22
4/2022 176 320.41 1,032.50 75,864.72
5/2022 177 316.10 1,036.81 74,827.91
6/2022 178 311.78 1,041.13 73,786.78
7/2022 179 307.44 1,045.47 72,741.31
8/2022 180 303.09 1,049.82 71,691.49
9/2022 181 298.71 1,054.20 70,637.29
10/2022 182 294.32 1,058.59 69,578.70
11/2022 183 289.91 1,063.00 68,515.70
12/2022 184 285.48 1,067.43 67,448.27
2022 Totals 3,714.09 12,520.83
1/2022 185 281.03 -,88 66,376.39
2/2023 186 276.57 1,076.34 65,300.05
3/2023 187 272.08 1,080.83 64,219.22 O'J'07f2
4/2023 188 267.58 1,085.33 63,133.89
5/2023 189 263.06 1,089.85 62,044.04
6/2023 190 258.52 1,094.39 60,949.65
7/2023 191 253.96 1,098.95 59,850.70
8/2023 192 249.38 1,103.53 58,747.17
9/2023 193 244.78 1,108.13 57,639.04
10/2023 194 240.16 1,112.75 56,526.29
11/2023 195 235.53 1,117.38 55,408.91
12/2023 196 230.87 1,122.04 54,286.87
2023 Totals 3,073.52 13,161. 40
1/2024 197 226.20 1,126.71 53,160.16
2/2024 198 221.50 1,131.41 52,028.75
3/2024 199 216.79 1,136.12 50,892.63
4/2024 200 212.05 1,140.86 49,751.77
5/2024 201 207.30 1,145.61 48,606.16
6/2024 202 202.53 1,150.38 47,455.78
7/2024 203 197.73 1,155.18 46,300.60
8/2024 204 192 . 92 1,159.99 45,140.61
9/2024 205 188.09 1,164.82 43,975,79
10/2024 206 183.23 1,169.68 42,806.11
11/2024 207 178.36 1,174.55 41,631.56
12/2024 208 173.46 1,179.45 40,452.11
2024 Totals 2,400.16 13,834.76
1/2025 209 168.55 1,184.36 39,267.75
2/2025 210 163.62 1,189.29 38,078.46
3/2025 211 158.66 1,194.25 36,884.21
4/2025 212 153.68 1,199.23 35,684.98
5/2025 213 148.69 1,204.22 34,480.76
6/2025 214 143.67 1,209.24 33,271. 52
7/2025 215 138,63 1,214.28 32,057.24
8/2025 216 133.57 1,219.34 30,837.90
9/2025 217 128.49 1,224.42 29,613.48
10/2025 218 123.39 1,229.52 28,383.96
11/2025 219 118.27 1,234.64 27,149.32
12/2025 220 113 .12 1,239.79 25,909.53
2025 Totals 1,692.34 14,542.58
1/2026 221 107.96 1,244.95 24,664.58
2/2026 222 102.77 1,250.14 23,414.44
3/2026 223 97.56 1,255.35 22,159.09
4/2026 224 92.33 1,260.58 20,898.51
5/2026 225 87.08 1,265.83 19,632.68
6/2026 226 81.80 1,271.11 18,361.57
7/2026 227 76.51 1,276,40 17,085.17
8/2026 228 71.19 1,281.72 15,803.45
9/2026 229 65.85 1,287.06 14,516.39
10/2026 230 60.48 1,292.43 13,223.96
11/2026 231 55.10 1,297.81 11,926.15
12/2026 232 49.69 1,303.22 10,622.93
2026 Totals 948.32 15,286.60
2/2027 234 38.81 1,314.10 8,000.18
3/2027 235 33.33 1,319.58 6,680.60 o~r)783
4/2027 236 27.84 1,325.07 5,355.53 J.. ",
5/2027 237 22.31 1,330.60 4,024.93
6/2027 238 16.77 1,336.14 2,688.79
7/2027 239 11.20 1,341.71 1,347.08
8/2027 240 5.61 1,347.08 0.00
2027 Totals 200.13 10,622.93
Grand Totals 119,698.18 205,000.00
O'J07B4
Description: Booth Adjusted - 12.651 Acres
The property referred to in the Deed recorded in Book 370PR, on Page 274 and, a
portion of the property referred to in the Deed recorded in Book 348PR, on Page
273, with the Office of the Clerk of Lincoln County, Wyoming, within the
NW1/4NE1/4 of Section 16, T32N, R119W. of the 6th. P.M., Lincoln County,
Wyoming the metes and bounds being more particularly described as follows:
BEGINNING at the B.L.M. Type Monument marking the Lloyd B. Baker (pElLS 698)
1994 location for the Northeast Corner of said NW1/4NE1/4; thence Soo34'29"W,
along the East line of said NW1/4NE1/4, 649.26 feet to the Cotton Gin Spike
marking the POB of the 60 feet wide Right-of-Way Easement, as referred to in the
Right-of-Way Easement recorded in Book 348PR, on Page 278, with said Office;
thence Westerly, along the Center Line of said Right-at-Way Easement, to Iron
Pipes, the following: N89°22'10"W 498.11 feet, S55°46'26"W 166.90 feet,
N43°41'05"W 322.66 feet and N52°41'19"W 17.22 feet to an Aluminum Cap on an
Iron Pipe marking a point in the South line ot the Galloway property as referred to in
the Deed recorded in Book 483PR, on Page 808, with said Office; thence
S89°35'55"E, along said South line, 29.86 feet to the Iron Pipe marking the
Southeast corner of said Galloway property; thence Noo37'43"E, along the East line
of said Galloway property, 500.00 teet to the Iron Pipe marking a point in the North
line of said NW1/4NE1/4; thence S89°35'55"E along said North line, 843.82 feet, to
the Point of Beginning, containing 12.651 Acres of land.
TOGETHER WITH: A 60 foot Right-of-Way easement as referred to in said
Galloway Deed recorded in Book 348PR, on Page 278, with said Office, also
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Restrictions,
Reservations, Rights, Rights-of-Way and Improvements of sight and / or record.
S8~D35·55.05"E
843.82'
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LINE BEARING HORIZ DISl
L1 N52D41'19.00"W 17.22
12 S89"35'5S.0S"E 29.86
L3 SSSD46'26.00"W 166.90
Booth Adjusted Boundary
12.651 Acres
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N89D22'10.13"W
498.11'