HomeMy WebLinkAbout937265
6010816373
This Document Prepared By:
FIRST INTERSTATE BANK
401 NORTH 31ST STREET
BILLINGS, MONTANA 59101
When Recorded Mail To:
FINANCIAL FREEDOM SENIOR FUNDING
CORPORATION, A SUBSIDIARY OF INDYMAC
BANK, F.S.B.
500 NORTH RIDGE ROAD STE. 500
ATLANTA, GEORGIA 30350
RECEIVED 2/29/2008 at1 0:54 AM
RECEIVING # 937265
BOOK: 688 PAGE: 219
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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[Space Above This Line For Recording Data)
State of Wyoming
FHA Case No, 591-1021217-952
3000131447
ADJUSTABLE RATE
HOME EQUITY CONVERSION MORTGAGE
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THIS MORTGAGE ("Security Instrument") is given on
KATHLEEN E. ERICKSON, A SINGLE WOMAN
FEBRUARY 25, 2008
. The mortgagor is
whose address is 1547 HIGHWAY 239,
FREEDOM, WYOMING 83120
This Security Instrument is given to
FIRST INTERSTATE BANK
("Borrower").
, which is
organized and existing under the laws of THE STATE OF MONTANA , and whose address is
401 NORTH 31ST STREET, BILLINGS, MONTANA 59101
("Lender"). Borrower has agreed to repay to Lender
amounts which Lender is obligated to advance, including future advances, under the terms of a Home Equity
Conversion Loan Agreement dated the same date as this Security Instrument ("Loan Agreement"). The agreement to
repay is evidenced by Borrower's Note dated the same date as this Security Instrument ("Note"). This Security
Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest at a rate subject to
adjustment, and all renewals, extensions and modifications of the Note, up to a maximum principal amount of
TWO HUNDRED SIXTY TWO THOUSAND FIVE HUNDRED AND 00/100 - - - - - - - - - - - - - - - - - - - - - --
--- - -- -- - --- -- - - -- -- - - -- - - -- - - - - - - - - -- -- - -- - -- - - - - -- - - -- - - -- -- - - - -- - -- - -- -- -- ---
(U.S. $ 262,500.00 ); (b) the payment of all other sums, with interest, advanced under Paragraph 5 to protect
the security of this Security Instrument or otherwise due under the terms of this Security Instrument; and (c) the
performance of Borrower's covenants and agreements under this Security Instrument and the Note. The full debt,
including amounts described in (a), (b), and (c) above, if not paid earlier, is due and payable on
OCTOBER 23 , 2095 . For this purpose, Borrower does hereby mortgage, grant and convey
to Lender, with power of sale, the following described property located in LINCOLN County,
Wyoming:
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See Attached Exhibit A Legal Description
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which has the address of
1547 HIGHWAY 239
[Street]
FREEDOM WYOMING 83120 ("Property Address");
[City] [State] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered. Borrower warrants and will defend
generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall pay when due the principal of, and interest on, the
debt evidenced by the Note.
2. Payment of Property Charges. Borrower shall pay all property charges consisting of taxes, ground rents,
flood and hazard insurance premiums, and special assessments in a timely manner, and shall provide evidence of
payment to Lender, unless Lender pays property charges by withholding funds from monthly payments due to the
Borrower or by charging such payments to a line of credit as provided for in the Loan Agreement.
3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire.
This insurance shall be maintained in the amounts, to the extent and for the periods required by Lender or the
Secretary of Housing and Urban Development ("Secretary"). Borrower shall also insure all improvements on the
Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the
Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any
renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to,
Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make
payment for such loss to Lender instead ofto Borrower and to Lender jointly. Insurance proceeds shall be applied to
restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's
security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be
lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under a Second Note and
Second Security Instrument held by the Secretary on the Property and then to the reduction of the indebtedness
under the Note and this Security Instrument. Any excess insurance proceeds over an amount required to pay all
outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled
thereto.
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In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the
purchaser.
4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
after the execution of this Security Instrument, and Borrower (or at least one Borrower, if initially more than one
person are Borrowers) shall continue to occupy the Property as Borrower's principal residence for the term of the
Security Instrument. "Principal residence" shall have the same meaning as in the Loan Agreement.
Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property
to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if Borrower, during the loan
application process, gave materially false or inaccurate information or statements to Lender (or failed to provide
Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to
the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments. Borrower shall promptly discharge any lien which has priority over this Security
Instrument in the manner provided in Paragraph 12(c).
If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to perform any
other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may
significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to
enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property
and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in
Paragraph 2.
To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts due to the
Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as all sums due to the loan
servicer for servicing activities as defined in the Loan Agreement. Any amounts disbursed by Lender under this
Paragraph shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured
by this Security Instrument.
6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable
manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or
appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's interest in the
Property. If the property is vacant or abandoned or the loan is in default, Lender may take reasonable action to
protect and preserve such vacant or abandoned Property without notice to the Borrower.
7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation shall
be paid to Lender. The proceeds shall be applied first to the reduction of any indebtedness under a Second Note and
Second Security Instrument held by the Secretary on the Property, and then to the reduction of the indebtedness
under the Note and this Security Instrument. Any excess proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Due and Payable. Lender may require immediate payment in full of all sums secured by this Security
Instrument if:
(i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower;
or
(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part
of the Property) is sold or otherwise transferred and no other Borrower retains title to the Property in fee
simple or retains a leasehold under a lease for less than 99 years which is renewable or a lease having a
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remammg period of not less than 50 years beyond the date of the 100th birthday of the youngest
Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interest in the
Property).
(b) Due and Payable with Secretary Approval. Lender may require immediate payment in full of all
sums secured by this Security Instrument, upon approval of the Secretary, if:
(i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the
Property is not the principal residence of at least one other Borrower; or
(ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to occupy the Property
because of physical or mental illness and the Property is not the principal residence of at least one other
Borrower; or
(iii) An obligation of the Borrower under this Security Instrument is not performed.
(c) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in this Paragraph
(a) (ii) or (b) occur.
(d) Notice to Secretary and Borrower. Lender shall notify the Secretary and Borrower whenever the
loan becomes due and payable under Paragraph 9 (a) (ii) or (b). Lender shall not have the right to
commence foreclosure until Borrower has had thirty (30) days after notice to either:
(i) Correct the matter which resulted in the Security Instrument coming due and payable; or
(ii) Pay the balance in full; or
(iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net
proceeds of the sale toward the balance; or
(iv) Provide the Lender with a deed in lieu offoreclosure.
(e) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of
the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a
conveyance for purposes of this Paragraph 9. A trust shall not be considered an occupant or be considered
as having a principal residence for purposes of this Paragraph 9.
(f) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note not be
eligible for insurance under the National Housing Act within SIXTY DAYS from the date
hereof, if permitted by applicable law Lender may, at its option, require immediate payment in full of all
sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary
dated subsequent to SIXTY DAYS from the date hereof, declining to insure this Security
Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the
foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to
Lender's failure to remit a mortgage insurance premium to the Secretary.
10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by
this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be
permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. If this Security
Instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for any
difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including
accrued interest, owed by Borrower at the time of the assignment.
11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full.
This right applies even after foreclosure proceedings are instituted. To reinstate this Security Instrument, Borrower
shall correct the condition which resulted in the requirement for immediate payment in full. Foreclosure costs and
reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding shall be
added to the principal balance. Upon reinstatement by Borrower, this Security Instrument and the obligations that it
secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not
required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii)
reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect
the priority of the Security Instrument.
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12. Lien Status.
(a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph
12(a). If Lender determines that the original lien status of the Security Instrument is jeopardized under state
law (including but not limited to situations where the amount secured by the Security Instrument equals or
exceeds the maximum principal amount stated or the maximum period under which loan advances retain
the same lien priority initially granted to loan advances has expired) and state law permits the original lien
status to be maintained for future loan advances through the execution and recordation of one or more
documents, then Lender shall 0 btain title ev idence at Borrower's expense. If the title evidence indicates that
the Property is not encumbered by any liens (except this Security Instrument, the Second Security
Instrument described in Paragraph 13(a) and any subordinate liens that the Lender determines will also be
subordinate to any future loan advances), Lender shall request the Borrower to execute any documents
necessary to protect the lien status of future loan advances. Borrower agrees to execute such documents. If
state law does not permit the original lien status to be extended to future loan advances, Borrower will be
deemed to have failed to have performed an obligation under this Security Instrument.
(b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral program, if any
liens created by the tax deferral are not subordinate to this Security Instrument.
(c) Prior Liens. Borrower shall promptly discharge any lien which has priority over this Security
Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a
manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the
lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or
forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to
Lender subordinating the lien to all amounts secured by this Security Instrument. If Lender determines that
any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender
may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the
actions set forth above within 10 days of the giving of notice.
13. Relationship to Second Security Instrument.
(a) Second Security Instrument. In order to secure payments which the Secretary may make to or on
behalf of Borrower pursuant to Section 255(i)(I)(A) of the National Housing Act and the Loan Agreement,
the Secretary has required Borrower to execute a Second Note and a Second Security Instrument on the
Property .
(b) Relationship of First and Second Security Instruments. Payments made by the Secretary shall not
be included in the debt under the Note unless:
(i) This Security Instrument is assigned to the Secretary; or
(ii) The Secretary accepts reimbursement by the Lender for all payments made by the Secretary.
If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including interest on
the payments, but excluding late charges paid by the Secretary, shall be included in the debt under the Note.
(c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b)(i) or (ii) and
the Secretary makes payments to Borrower, then Borrower shall not:
(i) Be required to pay amounts owed under the Note, or pay any rents and revenues of the Property
under Paragraph 19 to Lender or a receiver of the Property, until the Secretary has required payment in
full of all outstanding principal and accrued interest under the Second Note; or
(ii) Be obligated to pay interest or shared appreciation under the Note at any time, whether accrued
before or after the payments by the Secretary, and whether or not accrued interest has been included in
the principal balance under the Note.
(d) No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the Second
Security Instrument or to take actions to preserve the value of the Property, even though Lender may be
unable to collect amounts owed under the Note because of restrictions in this Paragraph 13.
14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy
shall not be a waiver of or preclude the exercise 0 f any right or remedy.
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15. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower may not assign any
rights or obligations under this Security Instrument or under the Note, except to a trust that meets the requirements
of the Secretary. Borrower's covenants and agreements shall be joint and several.
16. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to
the Property Address or any other address all Borrowers jointly designate. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as
provided in this Paragraph 16.
17. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument
or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security
Instrument and the Note are declared to be severable.
18. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Security Instrument.
NON-UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues
of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to
Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and
receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of
rents constitutes an absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender shall be
entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents
due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
prevent Lender from exercising its rights under this Paragraph 19.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice
of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach.
Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This
assignment of rents of the Property shall tenninate when the debt secured by this Security Instrument is paid in full.
20. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender
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.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Paragraph
20, including, but not limited to, reasonable attorneys' fees and costs oftitle evidence.
If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the
person in possession of the Property, if different, in accordance with applicable law. Lender shall give notice
of sale to Borrower in the manner provided in Paragraph 16. Lender shall publish the notice of sale, and the
Property shall be sold in the manner prescribed by applicable law. Lender or its designee may purchase the
Property at any sale. The proceeds of the sale shall be applied in the following 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 to the person or persons legally entitled to it.
21. Lien Priority. The full amount secured by this Security Instrument shall have the same priority over any
other liens on the Property as if the full amount had been disbursed on the date the initial disbursement was made,
regardless of the actual date of any disbursement. The amount secured by this Security Instrument shall include all
direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any
purpose. This lien priority shall apply notwithstanding any State constitution, law or regulation, except that this lien
priority shall not affect the priority of any liens for unpaid State or local governmental unit special assessments or
taxes.
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22. Adjustable Rate Feature. Under the Note, the initial stated interest rate of 3.2900 % which
accrues on the unpaid principal balance ("Initial Interest Rate") is subject to change, as described below. When the
interest rate changes, the new adjusted interest rate will be applied to the total outstanding principal balance. Each
adjustment to the interest rate will be based upon the weekly average yield on United States Treasury Securities
adjusted to a constant maturity of one year, as made available by the Federal Reserve Board in Statistical Release
H.15 (519) ("Index") plus a margin. If the Index is no longer available, Lender will use as a new Index any index
prescribed by the Secretary. Lender will give Borrower notice of the new Index.
Lender will perform the calculations described below to determine the new adjusted interest rate. The interest
rate may change on the first day of MAY, 2008 , and on D that day of each succeeding year
ŒJ the first day of each succeeding month ("Change Date") until the loan is repaid in full.
The value of the Index will be determined, using the most recent Index figure available thirty (30) days before the
Change Date ("Current Index"). Before each Change Date, the new interest rate will be calculated by adding a
margin to the Current Index. The sum of the margin plus the Current Index will be called the "Calculated Interest
Rate" for each Change Date. The Calculated Interest Rate will be compared to the interest rate in effect immediately
prior to the current Change Date (the "Existing Interest Rate").
D (Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than 2.0% higher
or lower than the Existing Interest Rate, nor can it be more than 5.0% higher or lower than the Initial Interest Rate.
ŒJ (Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never increase above
THIRTEEN AND 290/1000 percent (13.29000 %).
The Calculated Interest Rate will be adjusted if necessary to comply with these rate limitation(s) and will be in
effect until the next Change Date. At any Change Date, if the Calculated Interest Rate equals the Existing Interest
Rate, the interest rate will not change.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument without charge to Borrower. Borrower shall pay any recordation costs.
24. Waivers. Borrower waives all right of homestead exemption in the Property and relinquishes all rights of
curtesy and dower in the Property.
25. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of the Loan
Agreement, including Loan Advances of principal to Borrower as well as Loan Advances for interest, MIP,
Servicing Fees, and other charges, shall be obligatory.
26. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded
together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend
and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this
Security Instrument. [Check applicable box(es).)
D Condominium Rider
D Other (Specify)
D Shared Appreciation Rider
D Planned Unit Development Rider
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BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in
any rider(s) executed by Borrower and recorded with it.
KA~c;1¿~
6>jd6j {) V
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
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[Space Below This Line For Acknowledgment)
State of
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PHYLLIS B FISCHER - NOTARY PUBLIC
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LEGAL DESCRIPTION
EXIllBIT 'A'
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Order No: 6010816373
Beginning at a point 174 ~ feet East from a point which is 3 rods East and 2 rods South
from the Northwest corner of Lot 1, Section 33, Township 35 North, Range 119 West,
Wyoming (which corner is known as the center intersection of the streets running
North and South, East and West) running thence East 140 feet;
thence South 8 rods;
thence West 140 feet;
thence North 8 rods to the point of beginning.