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HomeMy WebLinkAbout935963 6010715674 Return To: Bank of the West Post Closing 13505 California st. NE-BBP-LL-P Omaha, NE 68154 Prepared By: RECEIVED 1/2/2008 at 12:05 PM RECEIVING # 935963 BOOK: 682 PAGE: 673 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Kay L Jones 13505 California st Omaha, NE 68154 [Space Above This Line For Recording Data] 000673 MORTGAGE MIN 100104088003417142 DEFINITIONS '1 i t' ,'~ < '"'~ Words used in multiple sections of tlùs document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain mles regarding the usage of words used in this document are also provided in Section 16. (A) "SecUlity Instrument" means tl1Ïs document, which is dated December 28, 2007 togetller Witll all Riders to tl1Ïs document. (B) "Borrower" is CHARLES M LANGLEY, AS SOLE OWNER -J i' ~. ¿. Borrower is tlle mortgagor under tl1Ïs Security Instrument. (C) ''MERS'' is Mortgage Electronic Registration Systems, hlC. MERS is a separate corporation tllat is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mOl1gagee under this Security Instrument. MERS is organized and existing lUlder the laws of Delaware, and has an address and telephone number of P. 0, Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. 8800341714 8800341714 WYOMING-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3061 1/01 . -6A(WY) (0005).03 @ Page 1 of 15 1'/1,4/ Initials:~ VM PM orlgag. Solutions, Inc. (D) "Lender" is Bank of the West, A California Corporation Lender is a corporation orgéllúzed éllld existing under the laws of The state of California Lender's address is 13505 California st, NE-BBP-LL-P, Omaha, NE 68154 000674 (E) "Note" means the promissory note signed by Borrower and dated December 2 8, 2007 The Note states that Borrower owes Lender Two Hundred Twenty Eight Thousand And Zero/100 Dollars (U, S. $ 228,000.00 ) plus interest. Borrower has pronúsed to pay this debt in regular Periodic Payments éllld to pay the debt in full not later than January 01, 2038 (F) ''Propeliy'' means the property that is described below under the heading "Trélllsfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges éllld late charges due under the Note, and all SUlllS due Ullder this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: o Adjustable Rate Rider o Balloon Rider o VA Rider o Condominium Rider 0 Second Home Rider o Planned Unit Development Rider 0 1~4 Family Rider D Biweekly Payment Rider 0 Other(s) [specify] (I) "ApIJlicable Law" means all controlling applicable federal, state éllld local statutes, regulations, ordinances éllld admÌIústrative rules éllld orders (that have the effect of law) as well as all applicable fmal, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments éllld other charges that are imposed on Borrower or the Property by a condomÌ1úum association, homeowners association or sinúlar organization. (K) "Electronic Funds Transfer" means élllY transfer of funds, other than a trélllsaction originated by check, draft, or similar paper instrument, wlúch is initiated through élll electronic terminal, telephOlúc instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial ÌIlStitution to debit or credit an account. Such term Ì1lcludes, but is not linùted to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) ''Miscellaneous Proceeds" means any compensation, settlement, award of danmges, or proceeds paid by élllY tlúrd party (other tllél1l insurance proceeds paid under tlle coverages described in Section 5) for: (i) déllllage to, or destruction of, the Property; (ii) condemnation or otller taking of éùl or élllY part of tlle Property; (iii) conveYélllce in lieu of condenmation; or (iv) nùsrepresentations of, or onùssions as to, tlle véùue and/or condition of tlle Property. (N) "M0l1gage Insurance" means ÌIlSurance protecting Lender against tlle nonpayment of, or default on, the Loan. (0) ''Peliodic Payment" means the regularly scheduled éllllount due for (i) principal and interest Ullder the Note, plus (ii) élllY amounts Ullder Section 3 of this Security Instrument. (P) "RESP A" means the Real Estate Settlement Procedures Act (12 U. S. C. Section 2601 et seq.) éllld its implementing regulation, Regulation X (24 C.F.R. Part 3500), as tlley núght be anlended from time to time, or any additional or successor legislation or regulation that governs the sanle subject nmtter. As used in tl1Ís Security Instrument, "RESP A" refers to all requirements and restrictions tlmt are imposed in regard to a "federally related mortgage loan" even if the LOélll does not qualify as a "federally related mortgage 10élll" under RESP A. 8800341714 IniliaIS:~ 8800341714 .-SA(WY) (0005).03 @ Page 2 of 15 Form 3061 1/01 (Q) "Successor in Interest of Borrower" means any party that has taken titIe to tile Property, whetIler or not tIlat party has assumed Borrower's obligations under the Note and/or tins Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY 000675 TIns Security Instrument secures to Lender: (i) tile repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, WitIl power of sale, tile following described property located ultIle County of Lincoln [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE ATTACHED LEGAL DESCRIPTION: "PURCHASE MONEY" Parcel ill Number: 21162340903500 14 LITTLE CANYON ROAD Diamondville ("Property Address"): &21162340015100 which currentIy has the address of [Street] [City] , Wyoming 83116 [Zip Code] TOGETHER WITH all tile improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security hlstrument. All of the foregoing is referred to in this Security Instrument as tile "Property." Borrower lmderstands and agrees that MERS holds only legal titIe to tile ulterests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has tile right: to exercise any or all of tIlose ulterests, including, but not limited to, tile right to foreclose and sell tile Property; and to take any action required of Lender including, but not limited to, releasing and canceling tIlis Security Instrument. BORROWER COVENANTS tIlat Borrower is lawfully seised of tile estate hereby conveyed émd has tile right to mortgage, grant and convey the Property and that tile Property is lmencumbered, except for encumbrances of record. Borrower warrants and will defend generally tile titIe to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combules uniform covemmts for national use and non-mliform covenants witll limited variations by jurisdiction to constitute a Ullifofln security instrument coverulg real property. Page 3 of 15 InitiaIS:~ 8800341714 8800341714 .-SA(WY) (0005).03 @ Form 3061 1/01 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due tile principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay nmds for Escrow Items pursuant to Section 3. Payments due ooder the Note and tins Security Instrument shall be made in U. S. currency. However, if any check or otIler instrument received by Lender as payment ooder the Note or tins Security Instrument is retooled to Lender unpaid, Lender may require that any or all subsequent payments due ooder the Note and tIlÍs Security Instrument be made in one or more of tile following forms, as selected by Lender: (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, instnllllentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at tile location designated in tile Note or at such otIler location as may be designated by Lender in accordance with tile notice provisions in Section 15. Lender may return any payment or partial payment if tile payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring tile Loan current, without waiver of any rights herellilder or pr~judice to its rights to refuse such payment or partÜù payments in the future, but Lender is not obligated to apply such payments at tile time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, tIH~n Lender need not pay interest on ooapplied funds. Lender may hold such llilapplied fllilds lliltil Borrower makes payment to bring the Loan current. If Borrower does not do so witIun a reasonable period of time, Lender shall either apply such ftllids or return tIlem to Borrower. If not applied earlier, such ftUlds will be applied to the outstanding principal balance under tile Note immediately prior to foreclosure. No offset or claim which Borrower nught have now or in tile future against Lender shall relieve Borrower from making payments due under tile Note and this Security Instrument or perfofl1ung tile covenants éU1d agreements secured by tIlÍs Security Instnunent. 2. Application of Payments or Proceeds. Except as otIlerwise described in tIus Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due ooder the Note; (b) principal due llilder tile Note; (c) amounts due ooder Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining atnOllilts shall be applied first to late charges, second to any otIler anlooots due llilder tIlÍs Security Instnmlent, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient anlOunt to pay any late charge due, tile payment may be applied to the delinquent payment and the late charge. If more tIlél1l one Periodic Payment is outstanding, Lender may apply él1lY payment received from Borrower to tile repayment of the Periodic Payments if, él1ld to tile extent tImt, each payment Cél1l be paid in ftùl. To tile extent tIlat él1lY excess exists after tile payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to émy late charges due. Voluntary prepayments shall be applied first to él1lY prepayment charges él1ld tIlen as described in tile Note. Any application of payments, insurél1lCe proceeds, or MiscelléUleous Proceeds to principal due under the Note shall not extend or postpone tile due date, or Chél1lge tile anlollilt, of tile Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due llilder tile Note, lliltil the Note is paid in full, a sum (tile "Foods") to provide for payment of atllOlliltS due for: (a) ta.'{es and assessments él11d otIler items which can attain priority over tIlÍs Security Instnll11ent as a lien or encumbrance on tile Property; (b) leasehold payments or grOllild rents on the Property, if él1lY; (c) premiums for any and all insurance required by Lender llilder Section 5; él1ld (d) Mortgage I1lSurél1lce premiums, if él11y, or él1lY sums payable by Borrower to Lender in lieu of tile payment of Mortgage Insurance prenuums in aCCOrdél1lCe witIl tile provisions of Section 10. These items are called "Escrow Items." At origination or at él11y time during tile term of tile LocU1, Lender may require tIlat Conununity Association Dues, Fees, él1ld Assessments, if él1lY, be escrowed by Borrower, él1ld such dues, fees él11d assessments shall be an Escrow Item. Borrower shall promptly fumish to Lender all notices of anlolllits to be paid under tins Section. Borrower shall pay Lender tile Fllilds for Escrow Items Imless Lender waives Borrower's obligation to pay the Fllilds for él11Y or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Fllilds for él11y or all Escrow Items at él1lY time. Any such waiver may only be in writing. 111 the event of such waiver, Borrower shall pay directly, when él1ld where payable, the amollilts 000676 8800341714 IniliaIS:~ 8800341714 . -SA(W Y) (0005),03 @ Page 4 of 15 Form 3061 1/01 000677 due for any Escrow Items for which payment of Funds has been w,ùved by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instmment, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights lUlder Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance Witll Section 15 and, upon such revocation, Borrower shall pay to Lender all Filllds, and in such amounts, that are then required under tins Section 3. Lender may, at any time, collect and hold Funds in an anlount (a) sufficient to pernùt Lender to apply the Funds at the time specified Imder RESP A, and (b) not to exceed the ma.'ri.mum amoilllt a lender can require under RESP A. Lender shall estimate tile anlOunt of Funds due on tile basis of current data and reasonable estimates of expenditures of future Escrow Items or otllerwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply tile Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge Borrower for holding and applying tile FIUlds, annually analyzing the escrow account, or verifying tile Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pernùts Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the FIUlds, Lender shall not be required to pay Borrower any interest or earnings on tile Funds. Borrower and Lender can agree in writing, however, tllat interest shall be paid on the Funds. Lender shall give to Borrower, witllOut charge, an arumal accolUlting of tile Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defmed under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defmed wlder RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender tile anlolmt necessary to make up the deficiency in accordance with RESP A, but in no more than 12 montllly payments. Upon payment in full of all SUlllS secured by tlùs Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all ta.'{es, assessments, charges, fInes, and impositions attributable to tlle Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Conununity Association Dues, Fees, and Assessments, if any. To the extent that these itelllS are Escrow ItelllS, Borrower shall pay tllem in tlle marmer provided in Section 3. Borrower shall promptly discharge any lien which has priority over tlns Security Instrument unless Borrower: (a) agrees in writing to tile payment of the obligation secured by tile lien in a malmer acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of tlle lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of tile lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien all agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that all)' part of the Property is subject to a lien which can attain priority over tlùs Security Instrument, Lender may give Borrower a notice identifying tlle 8800341714 IniliaIS:~ 8800341714 .-SA(WY) (0005),03 <!> Paga 5 of 15 Form 3061 1/01 000678 lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy tlle lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a onewtime charge for a real estate tax verification and/or reporting service used by Lender in cOlmection with this Loan. 5. Property Insurance. Borrower 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 Lender requires insurance. This insurance shall be maintained in the anlOunts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during tlle term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised lUlTeasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a onewtime charge for flood zone determination, certification and tracking services; or (b) a onewtime charge for flood zone deternùnation and certification services and subsequent charges each time remappings or similar changes occur which reasonably nùght affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in cOlmection Witll the review of any flood zone deternùnation resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is lUlder no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but nùght or nùght not protect Borrower, Borrower's equity in the Property, or the contents of tlle Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that tlle cost of the insurance coverage so obtained nùght significantly exceed tlle cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender lmder this Section 5 shall become additional debt of Borrower secured by this Security InstnUllent. These amounts shall· bear interest at the Note rate from tlle date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall néUue Lender as mortgagee éUld/or as éUI additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums éUld renewal notices. If Borrower obtains any form of lllsuréUlce coverage, not otherwise required by Lender, for damage to, or destruction of, tlle Property, such policy shall lllc1ude a stéUldard mortgage clause and shall néUue Lender as mortgagee éUld/or as éUI additional loss payee. In the event of loss, Borrower shall give prompt notice to the inSuréUlce carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. UIÙesS Lender and Borrower otherwise agree in writing, éUlY insurance proceeds, whether or not the lUlderlYlllg inS1ITance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair éUld restoration period, Lender shall have the right to hold such insuréUlce proceeds mltil Lender has had éUl opportunity to lllspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection slléù1 be undertaken promptly. Lender may disburse proceeds for the repairs éUld restoration in a single payment or in a series of progress payments as the work is completed. UIÙesS éUl agreement is made III writing or Applicable Law requires lllterest to be paid on such lllsuréUlce proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or otller third parties, retained by Borrower shall not be paid out of the insurance proceeds éUld shall be the sole obligation of Borrower. If tlle restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instmment, whether or not then due, with 8800341714 IniliaIS:~ 8800341714 .-6A(WY) (0005).03 @ Page 6 of 15 Form 3061 1/01 000679 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settie any available insurance claim and related matters. If Borrower does not respond witilin 30 days to a notice :fi:om Lender that the insurance carrier has offered to settie a claim, then Lender may negotiate and settIe tile claim. The 30-day period will begin when the notice is given. In eitiler event, or if Lender acquires tile Property Imder Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid Imder tile Note or tilis Security Instrument, and (b) any other of Borrower's rights (other tilan tile right to any refllild of llileamed premiums paid by Borrower) llilder all insurance policies covering tile Property, insofar as such rights are applicable to tile coverage of the Property. Lender may use tile insurance proceeds eitiler to repair or restore tile Property or to pay amooots oopaid ooder the Note or this Security Instnunent, whetiler or not tilen due. . 6. Occupancy. Borrower shall occupy, establish, and use tile Property as Borrower's principal residence witilin 60 days after tile execution of this Security Instnunent and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of OCCUPél11CY, unless Lender otilen-vise agrees in writing, which consent shall not be unreasonably witlùleld, or unless extenuating circmnstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the PropeliYj htspections. Borrower shall not destroy, damage or impair the Property, allow tile Property to deteriorate or commit waste on tile Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent tile Property from deteriorating or decreasing in value due to its condition. Unless it is deternùned pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair tile Property if damaged to avoid further deterioration or danlage. If insurance or conde11Ulation proceeds are paid in connection with danlage to, or tile taking of, the Property, Borrower shall be responsible for repairing or restoring tile Property only if Lender has released proceeds for such purposes. Lender 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 tile insurance or conde11Ulation proceeds are not sufficient to repair or restore tile Property, Borrower is not relieved of Borrower's obligation for tile completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect tile interior of tile improvements on the Property. Lender shall give Borrower notice at tile time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan ApIJIication. Borrower shall be in defmùt if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or witll Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender witll material information) in cOlmection with tile Loan. Material representations include, but are not limited to, representations conceming Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Propeliy and Rights Under this Security Instl1lment. If (a) Borrower fails to perform the covenants and agreements contained in tilis Security Instnlment, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights lUlder tilis Security hlstrument (such as a proceeding in bmùrruptcy, probate, for conde11Ulation or forfeiture, for enforcement of a lien wllich may attain priority over tilis Security Instnllnent or to enforce laws or regulations), or (c) Borrower has abandoned the Property, tilen Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights lUlder this Security hlstrument, including protecting and/or assessing tile value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over l1lis Security hlstrument; (b) appearing in court; and (c) paying reasonable 8800341714 IniliaIS:~ 8800341714 .-SA(WY) (0005).03 (ß> Page 7 of 15 Form 3061 1/01 000680 attomeys' fees to protect its interest in the Property and/or rights under tIùs Security Instrument, including its secured position in a bankmptcy proceeding. Securing tile 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, elinÙllate blÚlding or otIler code violations or dangerous conditions, and have utilities tumed on or off AltIlough Lender may take actionlmder tIlis Section 9, Lender does not have to do so and is not lUlder any duty or obligation to do so. It is agreed tIlat Lender incurs no liability for not taking any or éùl actions autIlOrized under t1ùs Section 9. Any anlounts disbursed by Lender under tIlis Section 9 shall become additional debt of Borrower secured by tIlis Security Instrument. These anlolUlts shall bear interest at tile Note rate from tile date of disbursement and shall be payable, WitIl such interest, upon notice from Lender to Borrower requesting payment. If tIùs Security Instmment is on a leasehold, Borrower shall comply with all tile provisions of the lease. If Borrower acquires fee titIe to the Property, tile leasehold and tile fee title shall not merge lUlless Lender agrees to tile merger in writing. 10. M0I1gage Insurance. If Lender required Mortgage Insurance as a condition of making tile Loan, Borrower shall pay the prenùums reqlÚred to maintain tile Mortgage Insurance in effect. If, for éU1Y reason, the Mortgage Insurance coverage required by Lender ceases to be available from tile mortgage insurer tI13t previously provided such insurance and Borrower was required to make separately designated payments toward tile premiums for Mortgage Insurance, Borrower shall pay tile premiums required to obtain coverage substantially eqlÚvalent to the Mortgage Insurance previously in effect, at a cost substantially eqlÚvalent to the cost to Borrower of tile Mortgage Insurance previously in effect, from an altemate mortgage insurer selected by Lender. If substantially eqlÚvalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender tile amount of tile separately designated payments tIlat were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain tIlese payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwitIlstanding tile fact tIlat the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the anlount éUld for tile period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward tile premiums for Mortgage Insurance. If Lender reqlúred Mortgage Insurance as a condition of making tile Loan and Borrower was required to make separately designated payments toward tile prenùums for Mortgage Insurance, Borrower shall pay tile prenùums required to maintain Mortgage hlsurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance WitIl any written agreement between Borrower and Lender providing for such termination or lUltil termination is required by Applicable Law. NotI1Ìng in this Section 10 affects Borrower's obligation to pay interest at tile rate provided in tile Note. Mortgage Insurance reimburses Lender (or any entity that purchases tile Note) for certain losses it may incur if Borrower does not repay tile Loan as agreed. Borrower is not a party to the Mortgage hlsurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements WitIl otIler parties tIlat share or modify tIleir risk, or reduce losses. These agreements are on terms and conditions tI13t are satisfactory to the mortgage insurer and tile other party (or parties) to tIlese agreements. These agreements may require tile mortgage insurer to make payments using any source of fWlds tI13t tile mortgage insurer may have available (wllich may include funds obtained from Mortgage Insurance premiums). As a result of tIlese agreements, Lender, any purchaser of tile Note, another insurer, any reinsurer, any other entity, or any affiliate of any of tile foregoing, may receive (directly or indirectly) anlounts tIlat derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying tile mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of tlle insurer's risk in exchange for a share of the premiunlS paid to tlle insurer, tlle arrangement is often termed" captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Bon-ower has agreed to IHlY for MOl1gage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for M0l1gage Insurance, and they will not entitle Borrower to any refund. 8800341714 InitiaIS:~ 8800341714 ..6A(WY) (OQ05).03 (!) Page 8 of 1 5 Form 3061 1/01 000681. (b) Any such agreements will not affect the lights Borrower has - if any - with respect to the MOligage Insurance under the Homeowners Protection Act of 1998 or any other law. These lights may include the light to receive celiain disclosures, to request and obtain cancellation of the MOligage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any MOligage Insurance premiums that were unearned at the time of such cancellation or telmination. 11. Assignment of Miscellaneous Proceeds; FOlfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for tlle 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, Lender shall not be required to pay Borrower any interest or eamings on such Miscellaneous Proceeds. If tlle restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the SUlllS secured by tl1Ís Security Instrument, whether or not then due, with tlle excess, if any, paid to Borrower. 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 Borrower. In tlle event of a partial taking, destruction, or loss in value of tlle Property in which the fair market value of the Property inmlediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otllerwise agree in writing, the SUlllS secured by this Security Instrument shall be reduced by the amount of tlle Miscellaneous Proceeds multiplied by tlle following fraction: (a) the total anlOUllt of the 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 Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property inmlediately before the partial taking, destruction, or loss in value is less than the amount of tlle sums secured immediately before the partial taking, destruction, or loss in value, l11ÙesS Borrower and Lender otllerwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security hlstrument whetller or not the SunlS are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower tllat the Opposing Party (as defmed in the next sentence) offers to make ml award to settIe a cléùm for damages, Borrower fails to respond to Lender within 30 days after the date tile notice is given, Lender is autllOrized to collect and apply tile Miscelhmeous Proceeds either to restoration or repair of tile Property or to tile SUlllS secured by this Security hlstrument, whetIler or not tIlen due. "Opposing Party" means tile tI1Írd party tIlat owes Borrower Miscellmleous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or crinùnal, is begun that, in Lender's judgment, could result in forfeiture of the Property or otller material impairment of Lender's interest in tile Property or rights under tI1Ís Security hlstrument. Borrower can cure such a default mld, if acceleration has occurred, reinstate as provided in Section 19, by causing tile action or proceeding to be disnùssed with a ruling tllat, in Lender's judgment, precludes forfeiture of tile Property or other material impairment of Lender's interest in tlle Property or rights under tl1Ís Security Instrument. The proceeds of any award or claim for danlages tIlat are attributable to tile impairment of Lender's interest in tlle Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds tllat are not applied to restoration or repair of tlle Property shall be applied in the order provided for in Section 2. 8800341714 IniliaIS:~ 8800341714 ..SA(WY) (0005).03 <!> Page 9 of 15 Form 3061 1/01 'd( 000682 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to conunence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without linútation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in anlolUlts less than the anlOunt then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs tIús Security Instrument but does not execute tile Note (a II cowsigner"): (a) is co-signing tIlis Security Instrument OlÙy to mortgage, grant éUld convey tile co-signer's interest in the Property under tile terms of tIlis Security Instrument; (b) is not personally obligated to pay tile sums secured by tIlis Security Instrument; and (c) agrees that Lender and any otIler Borrower can agree to extend, modify, forbear or make any accommodations WitIl regard to tile terms of tIlis Security Instrument or the Note WitIlOut tile cowsigner's consent. , Subject to tile provisions of Section 18, any Successor in Interest of Borrower who asslUlles Borrower's obligations lUlder tIris Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits lUlder tIris Security Instrument. Borrower shall not be released from Borrower's obligations and liability under tIlis Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instnl111ent shall bind (except as provided in Section 20) éUld benefit tile successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonlled in comlection WitIl Borrower's default, for tile purpose of protecting Lender's interest in the Property and rights lUlder tIlis Security Instrument, including, but not linrited to, attorneys' fees, property inspection and valuation fees. hl regard to any otIler fees, tile absence of express autIlOrity in tIris Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender 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 tImt law is fmally interpreted so that the interest or other loan charges collected or to be collected in cOlUlection WitIl the Loan exceed the pernlitted linlits, tIlen: (a) any such loan charge shall be reduced by the éllllOlUlt necessary to reduce tile charge to tile pernútted linút; éllld (b) élllY sums already collected from Borrower wllich exceeded pernútted linúts will be refunded to Borrower. Lender may choose to make tIlis reflUld by reducing tile principal owed under tile Note or by making a direct payment to Borrower. If a refund reduces principal, tile reduction will be treated as a partial prepayment witllout élllY prepayment charge (whetIler or not a prepayment charge is provided for under tile Note). Borrower's acceptélllce of élllY such reflUld made by direct payment to Borrower will constitute a waiver of élllY right of action Borrower nright have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in cOlUlection with tIlis Security hlstnl111ent must be in writing. Any notice to Borrower in cOIll1ection WitIl tIlis Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otIlerwise. The notice address shall be the Property Address mùess Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's chélllge of address. If Lender specifies a procedure for reporting Borrower's change of address, tIlen Borrower shall only report a chélllge of address tI1fough tIlat specified procedure. There may be only one designated notice address under tIlis Security Instrument at élllY one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein lUÙesS Lender has designated élllotIler address by notice to Borrower. Any notice in cOlUlection WitIl this Security hlstrument shall not be deemed to have been given to Lender l1l1til actually received by Lender. If élllY notice required by tIris Security Instnmlent is also reqlÚfed llllder Applicable Law, the Applicable Law reqlÚfement will satisfy tile corresponding requirement lUlder tIris Security Instrument. 8800341714 .-SA(WY) (0005).03 t!> InitiaIS:~ Page 10 of 15 8800341714 Form 3061 1/01 000683 16. GtJverning Law; Severability; Rules of Constl1lction. Tlus Security Instrument shéùl be governed by federal law and the law of the jurisdiction in which the Property is ·located. All rights and obligations contained in this Security hlstnunent 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 tlle event tllat any provision or clause of this Security Instrument or tlle Note conflicts with Applicable Law, such conflict shall not affect otller provisions of tllis Security Instrument or tlle Note which can be given effect WitllOut tlle conflicting provision. As used in tllis Security Instrument: (a) words of tlle masculine gender shall mean and include corresponding neuter words or words of tlle fenlinine gender; (b) words in the singtùar shall mean and include tlle plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of tlle Note and of tlus Security Instnullent. 18. Transfer of the Propeliy or a Beneficial Interest in Borrower. As used in tllis Section 18, "Interest in tlle Property" means any legal or beneficial interest in the Property, including, but not linuted to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of wllich is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any hlterest in tlle Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) Witllout Lender's prior written consent, Lender may require immediate payment in full of all sUlllS secured by tllis Security Instrument. However, tllis option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises tllis option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less tllllil 30 days from tlle date tlle notice is given in accordllilce with Section 15 witl1in wluch Borrower must pay all sums secured by tllis Security hlstnullent. If Borrower fails to pay tllese sums prior to tlle expiration of tllis period, Lender may invoke llilY remedies permitted by tllis Security Instrument without further notice or demllild on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at llilY time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in tlus Security hlstrument; (b) such other period as Applicable Law might specify for tlle ternlination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security hlstnullent. Those conditions are tllat Borrower: (a) pays Lender all sums which tllen would be due under tllis Security Instnlment and tlle Note as if no acceleration had occurred; (b) cures any default of llil}' otller covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not linlited to, reasonable attorneys' fees, property inspection and valuation fees, llild otller fees incurred for tlle purpose of protecting Lender's interest in tlle Property llild rights under tllis Security Instnullent; llild (d) takes such action as Lender may reasonably require to assure tllat Lender's interest in the Property llild rights under this Security hlstrument, llild Borrower's obligation to pay the S11111S secured by tllis Security Instrument, shall continue unchllilged. Lender may require tllat Borrower pay such reinstatement sums llild expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or casluer's check, provided llilY such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) ElectrOluc FlUIds Transfer. Upon reinstatement by Borrower, tllis Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, tllis right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of GIievance. The Note or a partial interest in tlle Note (together with this Security Instnullent) Cllil be sold one or more times WitllOut prior notice to Borrower. A sale nlight result in a clumge in the entity (known as tlle "LOllil Servicer") that collects Periodic Payments due under the Note llild this Security Instrument and performs otller mortgage 10llil servicing obligations under tlle Note, this Security Instnlment, éUld Applicable Law. There also nught be one or more changes of tlle LOllil Servicer unrelated to a sale of the Note. If tllere is a chllilge of tlle LOllil Servicer, Borrower will be given written notice of tlle chllilge which will state tlle name éUld address of tlle new Loan Servicer, the address to which payments should be made llild éUlY otller information RESP A 8800341714 Inilials: ð<.- 8800341714 .-SA(WY) (0005).03 <!> Page 11 of 15 Form 3061 1/01 000684 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer 1:Uld are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may conullence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportuuity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defmed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flanlll1élble or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "EnvirOlilllental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or enviromllental protection; (c) "EnvirOl1ll1ental Cleanup" includes any response action, remedial action, or removal action, as defmed in Environmental Law; and (d) an "Enviromllental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of émy Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower 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) wlúch, due to the presence, use, or release of a Hazardous Substance, 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 recogtúzed to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any gOVenllllental or regulatory agency or private party involving the Property éUld any Hazardous Substance or Enviromllental Law of wlúch Borrower has actual knowledge, (b) any Environmental Condition, including but not linúted to, any spilling, leaking, discharge, release or threat of release of any Hazardous 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 Borrower leams, or is notified by any governmental OJ;" regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviromnental Law. Notlúng herein shall create éU1Y obligation on Lender for an Environnlental Cleanup. 8800341714 InillaIS:~ 8800341714 .-SA(WY) (0005).03 Œ> Page 12 of 15 Form 3061 1/01 000685 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instmment (but not plioI' to acceleration under Section 18 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 Borrower, 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 Instmment and sale of the Propeliy. The notice shall fmiher inform Borrower of the light to reinstate after acceleration and the light to bling a comi action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. U the default is not cured on or before the date specified in the notice, Lender at its option may require immediate l)ayment in full, of all sums secured by this Security Instmment without fUliher demand and may involœ the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in l)m"suing the remedies provided in this Section 22, including, but not limited to, reasonable attomeys' fees and costs of title evidence. If Lender invol{es the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the PrOI)erty, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Propeliy shall be sold in the manner presclibed by AIJplicable Law. Lender or its designee may purchase the PrOIJerty at any sale. The IH"oceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attomeys' fees; (b) to all sums secured by this SecUlity Instmment; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instnunent, Lender shall release this Security Instnlment. Borrower sluùl pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instn11l1ent, but only if the fee is paid to a third party for services rendered and the charging of the fee is pemútted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyonúng. 8800341714 IniliaIS:~ 8800341714 .-SA(WY) (0005),03 ® Page 13 of 15 Form 3061 1/01 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: 000686 ~{~ (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 8800341714 8800341714 .-SA(WY) (0005).03 @ Page 1 4 of 1 5 Form 3061 1101 STATE OF WYOMING, LINCOLN County ss: The foregoing instrument was acknowledged before me this December 28, 2007 by CHARLES M LANGLEY 000687 My ConmlissionExpires: ~6Þ// -~~"-'-'''"",,~~'-~J LORI IV\LAN - NOTARY PUBLIC COUNTY OF' STATE OF LINCOLN., WYOMING My C"""","" ;'PO' f.b. 16. lOll :,>-.tt'-~",....~..-..t_~ d1!~ Notary Public 8800341714 e-6A(WY) (0005).03 @ InitiaIS:~ 8800341714 Page 1 5 of 1 5 Form 3061 1/01 Exhibit A File 6010715674 Description 000688 The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and js dçscribed as follows; Parcel number sixty-three (63), in the Town of Diamondville, Lincoln County, Wyonùng, as surveyed, platted and recorded; said Parcel being more particuJarly described by metes and bounds as follows: BEGINNING at a point North 8°5' West, 1617 feet from the Southeast corner ot'said Section 23; thence South 52°14' East; 285 feet to a point on the westerly right-of-way for UIÙtcd States Highway Number 30N; thence Southerly along said right-of-way 248 feet; thence Nortll 76°34' West, 88.3 feet; thence South 49°17' West, 124.5 feet; thence North 40°43' West, 212.8 feet; thence North 37°46' East, 362.4 feet to the POINT OF BEGINNING. AND, ALSO, a 20 foot strip of land in tract 50 of Johnson and JaeckJes Resw'vey of Section 23, TownsJúp 21 North, Range 116 West, 6th P.M., contiguous to parcels 69 and 70 of the rcplat of Diamon~ville,Wyoming dated August 31, 1942 on file with the County Clerk and Ex-Officio Registt}r of Deeds for Lincoln County to Pl'ovide access to Parcel No. 63 as shown thereon. Said strip being described to-wit; BEGINNING at an alunûnum cap set North 5°29' West, 1547 feet trom tile Southeast corner of Section 23, also being Corner No.4 of said Parcel 69 and on the line between Corners 1 and 2 of said Parcel No. 63; thence North 37°46' East along the Easterly boundary of'said Parcel 69, a distance of 100 feet to an alumInum cap set at corner No.3 thereof; thence South 52Q14' East, a distance uf20 feet to an aluminum Cap set at Corner No.2 of said Parcel 70; thenc~ South 37°46' West along the Westerly, boundary of saId Parcel 70, a distance of ]00 feet to an aluminum cap set at Corner No.3 of said Parcel 70 and on the line between Corners 1 and 2 of said Parcel 63; . tllence North 52°14' West along the line between Corners 1 and 2 ofsaid Parcel 63, a distance of 20 feet to the POINT OF BEGINNING. ALSO, a parcel of land embracing portlOlls of Tracts 46 and 50 of Jolmson & JaecJdes resurvey of Section 23, Townslrlp 21 North Range 116 West ofthe 6th P.M., within the Northeast Quarter of the Southeast Quarter of said Section 23, Lincoln County, Wyoming described to wit: Beginning from a point which lies North 19000'40" Wcst, 1391.40 feet ii'om the Southeast Corner of said Section 23, also being the Southwesterly corner of ParceJ 63 of the replat of the Town of Dial110ndville, said Parcel 6~ described in Grant Deed recorded April 8, 1943 in ßool<. 24 of Deeds on page 128 of the records of Lincoln County ClerJ(; thence North 3r02'34" East, 364.87 feet to a point on the South bOlUldary of Parcel 68 of said repJat; th~ncc South 51°51'53" East, 40 feet to tile southeasterJy corner ofsaid Parcel 68; thence South 38°20'10" West, 362.81 feet to the POINT OF BEGINNING. LESS AND EXCEPT tile land described in Warranty Deed recorded April 26, 2002 in Book 488PR on P~ge 260 of the records of the Lincoln County Clerk bv-