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HomeMy WebLinkAbout937432 · ''', 6010816488 After Recording Return To: GMAC Mortgage, LLC 4405 E. COTTON CENTER BLVD Phoenix, AZ 85040 ATTN: ROSEMARY CRUZ RECEIVED 3n/2008 at 10:13 AM RECEIVING # 937432 BOOK: 689 PAGE: 1 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ûOûOOj. [Space Above This Line For Recording Data] Loan No. 184467801 MIN 1000375-0184467801-3 MORTGAGE L' DEFINITIONS Words used in multiple sections of this 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. fl (A) "Security Instrument" means this document, which is dated March 3, 2008 ,together with all Riders to this document. (B) "Borrower" is ALAN D. RICKERT AND SHANNON B. RICKERT, HUSBAND AND WIFE I I I Borrower is the mortgagor under this Security Instmment. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O, Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. WYOMING -- Single Fauûly -- FlI1ll1ie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 't... (Page 1 of 18) 41240115B Initials: ¡Qf) } ~e_ GMACM - CMS.0042. WY (0001) 346 (D) "Lender" is GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation úOð002 Lenderisa limited liability company laws of Delaware 1100 Virginia Drive, Fort Washington, PA organized and existing under the . Lender's address is 19034 (E) "Note" means the promissory note signed by Borrower and dated March 3 , 2008 . The Note states that Borrower owes Lender Seventy Eight Thousand and 00/100 Dollars (U.S. $ 78,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2038 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under tIús Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instmment that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D D D Adjustable Rate Rider Balloon Rider Other( s) [specify] D Condominium Rider D D Biweekly Payment Rider D D Planned Ulùt Development Rider Second Home Rider 1-4 Family Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative mles and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opÎIùons. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instnnnent, which is initiated through an electronic terminal, telephonic instmment, computer, or magnetic tape so as to order, instruct, or autIlorize a financial institution to debit or credit an account. Such term includes, but is not limited 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 damages, or proceeds paid by any tlúrd party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of tlle Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. WYOMING -. Single Family -. Falmle MaelFreddie Mac UNIFORM INSTRUMENT Form 3051 1101 .f) I~ GMACM - CMS.0042.WY (0001) (Page 2 of 18) Initials: PI/, \ S.ßrc ù00003 (N) "Mortgage Insurance" means insurance protecting Lender against tlle nonpayment of, or default on, tile Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security In..<;trument. (P) "RESPA" means tlle Real Estate Settlement Procedures Act (12 V.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as tlley might be amended from time to time, or any additional or successor legislation or regulation tllat governs the same subject matter. As used in tlùs Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not tIlat party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) tile repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For tlùs 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, with power of sale, tile following described property located in the County [Type of Recording .Jurisdiction] of Lincoln [Name of Recording .Jurisdiction] SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has tile address of 2545 WY HIGHWAY 233, {Street] Kemmerer ,Wyoming 83101 ("Property Address"): {City] [Zip Code] TOGETHER WITH all the 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 Instrument. All of the foregoing is referred to in tlùs Security Instmment as the "Property." Borrower understands and agrees that MERS holds only legal titIe to the interests granted by Borrower in tlùs Security Instmment, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instmment. "VYOMING -- Single Family -- Fatone Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1101 /)/t Sb ~ GMACM - CMS.0042.WY (0001) (Page 3 of 18) Initials:) ùOv004 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and tllat tile Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally tile 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-Ulùform covenants with limited variations by jurisdiction to constitute a uniform security instmment covering real property. 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 the 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 funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instmment received by Lender as payment under the Note or this Security Instmment is retumed to Lender unpaid, Lender may require tIlat any or all subsequent payments due under tlle Note and this Security Instmment be made in one or more of the following fonns, 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, instrumentality, or entity; or (d) Electr01ùc Funds Transfer. Payments are deemed received by Lender when received at tlle location designated in the Note or at such otller location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may retum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, Witllout waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at tlle time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, tllen Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring tile Loan current. If Borrower does not do so wiUùn a reasonable period of time, Lender shall eitller apply such funds or retum tIlem to Borrower. If not applied earlier, such funds will be applied to tlle outstanding principal balance under tlle Note i111111ediately prior to foreclosure. No offset or claim which Borrower might have now or in tile future against Lender shall relieve Borrower from making payments due under tile Note and this Security Instnllnent or performing the covenants and agreements secured by this Security Instmment. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender 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 Section 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 otller amounts due under tI1Îs Security Instrument, and then to reduce the principal balance of the Note. LOAN NO: 184467801 WYOMING .. Single Family -- Faru1Ìe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1101 ,/I¡¡II( GMACM - CMS.0042.WY (0001) (Page 4 of 18) Initials: Yi' ) 5ß~ ùOúoos If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, tile payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent tllat 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 tlle Note shall not extend or postpone the due date, or change the amount, of tlle Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over tlùs Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage In..<;urance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance Witll the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tenn of tlle Loan, Lender may require that Community Association Dues, Fees and Assessments, if any, be escrowed by Borrower, and such dues, fees, and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under tlùs Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived 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 Instnnnent, 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 under 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 with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, tIlat are tIlen required under tlùs Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at tlle time specified under RESPA, and (b) not to exceed the maximum amount- a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance Witll Applicable Law. LOAN NO: 184467801 WYOMING -- Single Family - Fa..üe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1101 A ¡ -r> ~ GMACM - CMS.0042.WY (0001) (Page5 of 18) Initials: I ,S~(L ùOv006 The Funds shall be held in an institution whose deposits are insured by a federal agency, instmmentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later tllan tlle time specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, tIlat interest shall be paid on the Funds. Lender shall give to Borrower, witllOut charge, an alillual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESP A. If there is a shortage 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 tlle amount necessary to make up tlle 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 the amount necessary to make up the deficiency in accordance witIl RESP A, but in no more than 12 montIlly payments. Upon payment in full of all sums secured by tIÜs Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on tlle Property, if any, and CommUlùty Association Dues, Fees, and Assessments, if any. To the extent tllat these items are Escrow Items, Borrower shall pay them in the mamler provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instmment unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfonning such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent tlle enforcement of the lien while those proceedings are pending, but O1Ùy until such proceedings are concluded; or (c) secures from the holder of fue lien an agreement satisfactory to Lender subordinating the lien to tlús Security Instrument. If Lender detenuines tIlat any part of the Property is subject to a lien which can attain priority over tlùs Security Instmment, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in tlÜs Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with tlùs Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on tile Property insured against loss by fire, hazards included witlÜn tlle teml "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 amounts WYOMING -- Single Falluly.. FalUue MnelFreddie Mac UNIFORM INSTRUMENT Form 3051 1101 /J. ~ <::::::12 CI GMACM - CMS.0042.WY (0001) (Page 6 of 18) Initials: 'f, .,JD....... ù00007 (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during tlle tenn of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, wlúch right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, eitIler: (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. Borrower shall also be responsible 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 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 under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or tlle contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed tlle cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by tI1is Security Instmment. These amounts shall bear interest at the Note rate from the 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 name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold tlle policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, tlle Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if tile 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 insurance proceeds wltil Lender has had an opportwùty to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided tllat such inspection shall be undertaken promptly. 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. Unless an agreement is made in writing or Applicable Law' requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, LOAN NO: 184467801 WYOMING -- Single Fanùly -- FalUùe MaelFreddie Moc UNIFORM INSTRUMENT Form 3051 1101 GMACM - CMS.0042.WY (0001) (Page 7 of 18) Initials: ¡J/ f!.. ) SBR. ú00008 or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be tile sole obligation of Borrower. If the 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 tllis Security Instrument, whether or not tIlen due, WitIl 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 settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, tIlen Lender may negotiate and settle tlle claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under 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 under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to tile coverage of the Property. Lender may use tlle insurance proceeds either to repair or restore tlle Property or to pay amounts unpaid under the Note or tIùs Security Instmment, whether or not tllen due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of tllis Security Instrument and shall continue to occupy tlle Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or U1ùess extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. WhetIler or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detennined pursuant to Section 5 tllat repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection Witll damage to, or tile taking of, the Property, Borrower shall be responsible for repairing or restoring the Property OlÙy if Lender has released proceeds fÖr sUl:h purposes. Lender may disburse proceeds for tlle repairs and restoration in a single payment or in a series of progress payments as the work is completed. If tile insurance or condemnation proceeds are not snfficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the 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 improvement..<; on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during tile Loan application process, Borrower or any persons or entities acting at tlle direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in WYOMING -- Single FB"ùly .. FBmùe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 j} t So....Ð GMACM - CMS.0042.WY (0001) (Page 8 of 18) Initials: ¡J/ .u~ . û00009 connection with tile Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence . 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perfonn tlle covenants and agreements contained in iliis Security Instrument, (b) there is a legal proceeding that might significant! y afIect Lender's interest in the Property and/or rights under this Security Instmment (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over tills Security Instmment 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 tlle Property and rights under this Security Instrument, including protecting and/or assessing the value of tlle Property, and securing and/or repairing tile Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien willch has priority over t1ùs Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under t1ùs 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 Lender may take action under tl1Ìs Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instmment. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If tl1Ìs Security Instmment is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making tile Loan, Borrower shall pay tile premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from tile mortgage insurer that 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 equivalent to tlle Mortgage Insurance previously in effect, at a cost substantially equivalent to tlle cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments tIlat were due when the insurance coverage ceased to be in effect. Lender wiII accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact tIlat the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or ean1Ìngs on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the LOAN NO: 184467801 'WYOMING -- ShJgle Family -- Fa1Ulie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1101 ¡)I. ¿J 5'1"20 GMACM - CMS.0042.WY (0001) (Page 9 of 18) Initials: 1:..... ~ ùOvo~o amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until tlle Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. NotI1ing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in tile Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties tl1at share or modify tlleir risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and tlle otIler party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (wlúch may include funds obtained from Mortgage Insurance premiums). As a result of tl1ese agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of tlle foregoing, may receive (directly or indirectly) amounts that 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 the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. WYOMING -- Single Fanúly·- Famúe MaelFreddie Mac UNIFORM INSTRUMENT Form 3051 1101 f)lf C' ~ ~ GMACM - CMS.0042.WY (0001) (Page 10 of 18) Initials: 'Ie ~:J.l) ÛOOO1.:t 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 the repairs and restoration in a single disbursement or in a series of progress payments as tlle 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 eanùngs on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instmment, whether or not tIlen due, with the 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 tlle sums secured by this Security Instrument, whetller or not then due, Witll the excess, if any, paid to Borrower. In fue event of a partial taking, destmction, or loss in value of the Property in wlúch tlle fair market value of the Property immediately before tlle partial taking, destmction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instmment immediately before the partial taking, destmction, or loss in value, unless Borrower and Lender otherwise agree in writing, tile sums secured by tIús Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destmction, or loss in value divided by (b) the fair market value of tile Property immediately before tile partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destmction, or loss in value of tile Property in which tile fair market value of tlle Property itllinediately before tile partial taking, destmction, or loss in value is less than tile amount of tlle sums secured itllillediately before tlle partial taking, destruction, or loss in value, U1ùess Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instnllnent whether or not the sums are tIlen due. If tile Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in tile next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender witIlÎn 30 days after tile date tlle notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to tlle sums secured by this Security Instrument, whetller or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. LOAN NO: 184467801 WYOMING .- Single Family -- FlI1ll1ie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1101 GMACM - CMS.0042.WY (0001) (Page 11 of 18) Initials: I)/J! \ ~(.. ù000:12 Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or otller material impairment of Lender's interest in tlle Property or rights under this Security Instrument. Borrower 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 witll a ruling that, in Lender's judgment, precludes forfeiture of tile Property or otIler material impaimlent of Lender's interest in the Property or rights under this Security Instmment. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds tIlat are not applied to restoration or repair of tlle Property shall be applied in the order provided for in Section 2. 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 Instmment 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 commence 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 tl1Ìs Security Instmment 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 limitation, Lender's acceptance of payments from tl1Ìrd persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any fight 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 this Security Instmment but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instmment only to mortgage, grant and convey the co-signer's interest in tile Property under the tenus of tI1Ìs Security Instmment; (b) is not personally obligated to pay the sums secured by this Security Instmment; and (c) agrees that Lender and any otIler Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note witllout tile co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instmment. Borrower shall not be released from Borrower's obligations and liability under this Security Instmment unless Lender agrees to such release in writing. The covenants and agreements of this Security Instmment shall bind (except as provided in Section 20) and benefit tile successors and assigns of Lender. WYOMING -- SUl¡le Family -- FalUlÌe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1101 () /J JJ ~ ß \l. GMACM - CMS.0042.WY (0001) (Page 12 of 18) Initials: pI/it. 0000:13 14. Loan Charges. Lender may charge Borrower fees for services performed in cOlmection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under tlús Security Instmment, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, tile absence of express autllority in this Security Instrument to charge a specific fee to Borrower shall not be constmed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by tlùs Security Instmment 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 Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment Wit110Ut any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. AIl Notices given by Borrower or Lender in comlection with tllis Security Instmment must be in writing. Any notice to Borrower in connection Witll this 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 otherwise. 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 change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall OlÙy report a change of address through tIlat specified procedure. There may be only one designated notice address under this Security Instrument at anyone 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 unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instmment shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by tlùs Security Instrument is also required under Applicable Law, tile Applicable Law requirement will satisfy tile corresponding requirement under tIlis Security Instmment. 16. Governing Law; Severability; Rules of Construction. This Security Instmment shall be governed by federal law and the law of the jurisdiction in which tile Property is located. All rights and obligations contained in this Security Instmment 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 constmed as a LOAN NO: 184467801 WYOMING n Single Family n Famue Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1101 GMACM - CMS.0042.WY (0001) (Page 13 of 18) Initials : f)jJ;( S~R.. ÙOOOj.4 prohibition against agreement by contract. In the event that any provision or clause of t1ùs Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect otIler provisions of this Security Instrument or tlle Note which can be given effect without the conflicting provision. As used in tI1Ìs Security Instmment: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the femÎ1ùne gender; (b) words in the singular shall mean and include the 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 the Note and of tltis Security Instmment. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in tlle Property" means any legal or beneficial interest in tlle 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 Borrower 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 Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, tIús option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises t1ùs option, Lender shall give Borrower 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 15 wiUùn wlúch Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to tlle expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand 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 Instmment 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 Instmment; (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate; or (c) entry of a judgment enforcing Uùs Security Instmment. Those conditions are tllat Borrower: (a) pays Lender 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 otller covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instmmellt, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under tI1Ìs Security Instrument; and (d) takes such action as Lender may reasonably require to assure tllat Lender's interest in the Property and rights under this Security Instmment, and Borrower's obligation to pay the sums secured by this Security Instmment, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and 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 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. WYOMING -- SÎJ~le Fanùly -- Fal!lù. Ma.lFreddie Mac UNIPORM INSTRUMENT Form 3051 1101 .IJP;: S 1?:£... GMACM - CMS.0042.WY (0001) (Page 14 of 18) Initials: !7 1 û000:15 Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, tl1Ìs right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with tlùs Security Instmment) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and tl1Ìs Security Instrument and performs otIler mortgage loan servicing obligations under the Note, tl1Ìs Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of tile Note. If tIlere is a change of tlle Loan Servicer, Borrower will be given written notice of tile change which will state the nallie and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold alld tllereafter the Loan is serviced by a Loan Servicer other thall the purchaser of the Note, tlle mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or tlle member of a class) that arises from tile otIler party's actions pursuant to this Security Instrument or that alleges that tlle other party has breached any provision of, or any duty owed by reason of, tI1Ìs Security Instrument, until such Borrower or Lender has notified. tile otIler party (with such notice given in compliance with tlle requirements of Section 15) of such alleged breach and afforded the otller 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 tlùs paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and tlle notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice alld opportunity to take corrective action provisions of tlùs Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Enviro1llllental Law and the following substances: gasoline, kerosene, other flalnmable 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 Property is located that relate to health, safety or enviro1llllental protection; (c) "Enviro1llllental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Enviro1llllental Condition" means a condition that can cause, contribute to, or otherwise trigger an Enviro1llllental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release allY Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anytI1Ìng affecting tlle Property (a) that is in violation of any Enviro1llllental Law, (b) which creates an Enviro1llllental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that LOAN NO: 184467801 WYOMING -- Single Fallûly -- Famue MaelPreddie Mac UNIFORM INSTRUMENT Form 3051 1101 .11",1' 56~ GMACM - CMS.0042.WY (0001) (Page 15 of 18) Ilùtials: 17· I\. J û000:16 adversely affects tile 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 tIlat are generally recognized to be appropriate to normal residential uses and to maintenance of tile 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 governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited 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 tlle value of tlle Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, tllat any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance WitIl Environmental Law. Notl1Îng herein shall create any obligation on Lender for an Enviromnental Cleanup. 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 Instrument (but not prior 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 Instrument and sale of the Property. The notice shall further inform Borrower 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 Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, 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 Section 22, including, but not limited to, reasonable attorneys' fees and costs of title 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 the sale to Borrower in the manner provided in Section 15. 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. WYOMING n Single Fanûly -- Fa1Uûe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1101 (.) nO ~~!f:/:~ GMACM - CMS.0042.WY (0001) (Page 16 of 18) Initials: VI( \ J t-., , ùOOO1.7 23. Release. Upon payment of all sums secured by tlùs Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing tl1Îs Security Instrument, but only if tlle fee is paid to a third party for services rendered and the charging of the fee is permitted under AppHcable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instmment and in any Rider executed by Borrower and recorded Witll it. ~~~~l\\~ . annon B Rlckert (Seal) -Borrower ~~~&d (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower LOAN NO: 184467801 Witnesses: WYOMING -. Sin&le Fanù!y -- Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3051 1101 GMACM - CMS.0042.WY (0001) (Page 17 of 18) ~)OOO1.8 INDIVIDUAL ACKNOWLEDGMENT STATE OF WYOMING, ) ) SS COUNTY OF Lincoln ) The foregoing instmment was acknowledged before me tllis March 3, 2008 (date) by ALAN D. RICKERT AND SHANNON B. RICKERT, HUSBAND AND WIFE (person acknowledging) ~~) ~ My Commission Expires: tJ~~6~/I Notary Public --------..--._~ LORI KALAN - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING My Commission Expires Feb. 26, 2011 -- WYOMING -- SÙl \le Family -- Famùe MaelFreddie Mac UNIFORM INSTRUMENT Form 3051 1101 f).1J € 5ß~<' GMACM - CMS.0042.WY (0001) (Page 18 of 18) Initials: ,//1 1 Exhibit A File 6010816488 Description 0000:19 The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and is described as follows: FN-6 as shown on survey map 261-A on record with the Lincoln County Clerk as Receiving No. 916795 and more particularly described as follows: A parcel ofland being part of Tract 76 and part of Lots 6, 7,12 & 13 of Section 2 of the resurvey Township 21 North, Range 116 West of the 6th P.M., Lincoln County, Wyoming and being more particularly described as follows: Commencing at the Northwest corner of Section 2 of the resurvey of Township 21 North, Range 116 West, where is found a standard U.S.G.L.O. brass cap; thence North 89°27'42" East along the North township line of said Township 21 North, Range 116 West a distance of 260.70 feet to corner number 4 of said Tract 76 where is found a standard U.S.G.L.O. brass cap; thence South 89°44'06" East along said North township line of Township 21 North, Range 116 West, 838.65 feet to an angle point on said township line said point being monumented by a stone; thence North 89°14'09" East along said North township line 119.35 feet to a point on the South right of way boundary of Wyoming State Highway 233 where is found a 2" aluminum cap on 5/8" rebar stamped "CCI, PELS 5465, HWY ROW, JOG LT, 2005." thence South 54°49'46" East along said South right of way line of highway 233,124.56 feet to the intersection ofthe West boundary line of said Lot 7 of Section 2 where is found a 2" aluminum cap on 5/8" diameter rebar stamped "CCI, PELS 5465, HWY ROW, LT, 2005." thence continuing South 54°49'46" East, 1340.00 feet along the South right of way boundary of said Highway 233 to the Point of Beginning of this description. Said point being monumented with a 2" diameter aluminum cap on 5/8" diameter rebar stamped "CCI, PELS 5465, FN 5IFN 6, ROW, 2005." thence South 54°49'46" East, 764.55 feet along said Southerly right of way boundary of said Highway 233 to a point where is found a 2" aluminum cap on a 5/8" diameter rebar stamped "CCI, PELS 5465, FN 6/FN 7, ROW, 2005." thence South 16°51 '06" West, 1419.37 feet to the C y., of said Section 2 where is found a Uinta Engineering & Land Surveying, Cloey C. Wall 3" aluminum cap on 2 W' aluminum pipe stamped approximately and dated 1992. thence North 89°55'35" West, 1147.65 feet along the E-W centerline of said Section 2 to a point where is found a 2" aluminum cap on 5/8" diameter rebar stamped "CCI,PELS 5465, FN 5/FN 6,2005." thence North 27°27'45" East, 2025.60 feet to the point of beginning.