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HomeMy WebLinkAbout939311 Aner Recording Relurn To: COUNTRYWIDE BANK, FSB MS SV-79 DOCUMENT PROCESSING P,O,Box 10423 Van Nuys, CA 91410-0423 Prepared By: MIKE VAN DYKE III~, \ ~~. SINCE 1904 /¡~{)fÒ (Space Above This Line For Recording Datal 00019176324403008 [Doc ID #] ~'00456 RECEIVED 5/27/2008 at 2:36 PM RECEIVING # 939311 BOOK: 695 PAGE: 456 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY MORTGAGE MINI001337-0003081987-7 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 rules regarding the usage of words used in this document are also provided in Section 16. ' (A) "Security Instrument" means this document. which is dated MARCH 31, 2008 ,together with all Riders (0 this documenl. (B) "Borrower" is CHAD D CAZIER, AS AN INDIVIDUAL IN HIS OWN RIGHT A SINGLE PERSON /\ Borrower Is the mortgagor under this Security InsirumenL (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation (hat is acting solely as a nominee for Lender and Lender's SUCCP$sors and assigns. MERS is tbe mortgagee under tbis Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number ofP.a. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS, (D) "Lender" is COUNTRYWIDE BANK, FSB Lender is a FED SVGS BANK organized and existing under the laws of THE UNITED STATES Lender's address is 1199 North Fairfax St. Ste,500, Alexandria, VA 22314 (E) "Note" means the promissory note signed by Borrower and dated MARCH 31, 2008 . The Note states that Borrower owes Lender ONE HUNDRED EIGHTY FIVE THOUSAND and 00/100 Dollars (U.S. $ 185,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MAY 01, 2028 (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 this Security Instrument, plus interest. WYOMING,Slngle Famlly,Fannle Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS M Mortgage'WY 2006A,WY (06/07)(d/i) Page 1 or 10 Form 30511/01 . 2 3 9 9 1 . . 1 9 1 763 2 4 4 0 0 0 002 0 0 6 A . DOC ID #: 00019176324403008 (H) "Riders" means all Riders to this Security Instrument thai are executed hy Borrower, The following Riders are to be executed by Borrower [check box as applicable]: o Adjuslahle Rale Rider 0 Condominium Rider 0 Second Horne Rider o Balloon Ridel 0 Planned Unil Development Rider 0 1-4 Family Rider D V A Rider 0 Biweekiy Payment Rider D Other(s) [specify] Ü00457 (I) "Applicable Law" means all controlling applicable federal. state and iocal statutes. regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final. non-appealahle judicial opinions, 0) "Community Association Dues, Fees, and Assessments" means all dues, fees, asse^~smenls and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organizaUon. (K) "E1ectrOJùc FWlds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument. which is initiated through an electronic terminal. telephonic instrument, compuler, or magnetic tape so as to order, instrucl, or authorize a financial institul.Íon 10 dehil or credit an accounL Such IeI'm includes, hut is notlimiled to, (mint-of-sale Iransfers, 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 compensaUon, seltlement, award of damages, or proceeds paid hy any third parly (other than insurance proceeds paid under Ihe coverages descrihed in SecUon 5) for: (i) damage to, or destruction of, the Property: (ll) condemnation or other taking of all or any part of. the Property; (lli) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, ille value and/or condition of I he Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan, (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under SecUon 3 of this Security InslnnnenL (P) "RESPA" means the Real Estate Seulement Procedures Act (i2 U,S,C. Section 260] et seq.) and its implementing regulation, Regulation X (24 C.F,R Part 3500). as illey might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in il¡ s Security Instrument, "RESPA" refers 10 all requirements and restricUons that are imposed in regard \0 a "federally related mortgage loan" even if Ihe 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 t¡tie to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN TIlE PR"OPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewais, extensions and modlflcations of the Note; and (ii) the performance of Borrower's covenants and agreements under illis 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, with power of sale, the following described properly located in the COUNTY of [Type of Recording JUlisdiction] SEE EXHIBIT "A" ATTACHED HERETO LINCOLN [Name of Recording Jurisdiction] AND MADE A PART HEREOF, Parcel ID Number: 3219 -272 - 00 - 053 - 0(,1 which currently has the address of 8185 STATE HIGHWAY 238, AFTON [SlreeVCltyl Wyoming 83110-9781 ("Property Address"): IZIp 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 addiUons shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the M Mortgage'WY 2006A,WY (06107) Page 2 or 10 Form 30511/01 (00458 DOC ID #; 00019176324403008 "Properly." Borrower understands and agrees thai MERS holds only legal litle to the inleresls granled by Borrower in tbis Security Instrument, but. if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has tbe right: to exercise any or all of those interests, including, but not limited to, the right 10 foreclose and sell the Property; and to lalle any action required of Lender including, but not limited to, releasing and canceling this Securily Instrument. 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, except for encumbrances of record. Borrower warranl.~ and will defend generally the title to I.he Property against all claims and demands, subject to any encumbrances of record, TTlIS SECURITY INSTRUMENT combines lITlirorm covenanls 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, Interest, Escrow Items, Prepayment Charges. and Late ChaI"ges. Borrower shall pay when due [he principal of. and interest on, the debt evidenced hy the Note and any prepayment charges and late charges due under tbe 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 instrument received by Lender as payment under the Note or this Security Instrument is returned 1.0 Lender unpaid, Lender may require Ihal any or all subsequenl payments due under the Note and this Security Instrument be made ÙI one or more of the following forms, as selected by Lender: (a) cash; (b) money order: (c) cerliOed check, bank check, Ireasurer'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. Pay men Is are deemed received by Lender when received al the location designated in Ihe Note or at such other location as may be designated by Lender in accordance with Ihe notice provisions in Seclion IS. Lender may return any payment or partial payment if t~e payment or partial payments are insurncientto bring the Loan CUll'ent. Lender may accept any payment or partial payment insuITicient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments In the future. but Lender Is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is appIJed as of its scheduled due date, Ihen Lender need not pay interest on unapplied funds, Lender may hold such unapplied funds until BOl1'ower makes payment to bring the Loan current. If BOl1'ower dOP$ not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower, If not applied earlier, such funds will be applied to the oUI.~tandíng principal balance under (he Note immediately prior to foreclosure. No offset or claim whIch Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by Ihis Security Insti'Umenl.. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2. all payments accepted and app!!ed by Lender shall be app!!ed in the following order of priority: (a) 1t1lerest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such paymenl.~ shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be appJied first to late charges. second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delillquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and Ihe 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 that any excess exists after the payment is applied to the full payment of one or more PeriodIc Paymenl.~, such excess may be appJied to any late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as described ill the Note. Any app!!cation of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3. 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 this 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 Insurance premiums, If any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These Items are called "Escrow Items." At origination or at any time during the term of the 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 thIs Section, Borrower shai1 pay Lender tile 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, tile 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 Instrument, as the phrase "covenant and agreement" is M Mortgage-WV 2006A-WV (06/07) Page 3 or 10 Form 3051 1/01 DOC ID #: 00019176324403008 used in Section 9, If Borrower is ohligaled 10 pay Escrow Ilems direclly, pursuant lo 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 shali then be obligated under Section 9 lo repay to Lender any such amount. Lender may revolle the waiver as tn any or all Escrow Ilems at any time hy a notice given in accnrdance wilh Section ]5 and, upon such revocation, Borrower shall pay 10 Lemler all Funds, and in such amounts. Ihal are then required under this Section 3. Lender may, at any time, coliect and hoid Funds in an amount (a) sufficient to permit Lender to appiy the Funds allhe time specified under RESPA, and (b) not 1.0 exceed Ihe maximum amounl 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 fulure Escrow Items or olherwise in accordance with Applicable Law. The Funds shali be held in an institution wbose deposits are insured by a federai agency, instrumentality. or enlity (including Lender, if Lender is an inslitution whose deposits are so insured) or in any Federal J [ome Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the FWJds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennils Lender to make such a charge. Unless an agreement is made in wriling or Applicahle Law requires inleresl 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, that interest shall be paid on the Funds. Lender shall give to Borrower, wilhoUl charge, an annual accounting of the Funds as required by RESP A, If lhere is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accounl 1.0 Borrower for the excess funds In accordance with RESPA. If there Is a shortage of Funds beld in escrow. as defined under RESPA. Lender shall nOlify Borrower as required by RESPA, 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 RESPA. Lender shall notifY Borrower as required hy RESP A, and Borrower shall pay to Lender the amounl necp.~sary 10 malle up the deficiency in accordance with RESPA, bul in no more than 12 monthly payments. Upon páymenl in full of all sums secured by lhis Securily Instrument, Lender shall promplly refund to BOITower any Funds he]d by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges. fines, and impositions attributable to the Property which can attain priority over this Security Instrument. leasehold payments or ground rents on the Property, if any, and Community Association Du!'^~, Fe!'^~, and Assessmenls, if any. To the extent lhat these items are Escrow Ilems. Borrower shall pay lhem in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in wriling to the paymenl of the obligation secured by the lien in a manner 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 the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over lhis Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall salisfy the lien or take one or more of the actions set forth above in this 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 this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafLer 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, earthquaiĊ“s and floods, for which Lender requires insurance. This insurance shall be maintained in the amount.~ (including deductible levels) and for the peIiods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tem1 of-the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to dJsapprove Borrower's choice, whIch right shali not be exercised unreasonably. Lender may require Borrower to pay. in connection with this Loan, either: (a) a one-time charge for flood zone detennination. certification and tracking services: or (b) a one-time charge for flood zone determination and certifìcation servIces and subsequent charges each time remappings or similar changes occur which reasonably might affect such determInation or certificatlon, 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 the 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 the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under lhis Section 5 shall become additional debt of Borrower secured by this Security InstrW11ent. These 3InOw1ts 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. AIi insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such pollcies. 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 the policies and renewal certificates, If Lender M Mortgage,Wy 2006A,WY (06/07) Page 4 or 10 Form 30511/01 (00459 DOC ID #: 00019176324403008 requirp^~, Borrower shall promptly give 10 Lender all receipts of paid premium~ and renewal nOlices, Ir Borrower obtains any form of insurance coverage. not otherwise required by Lender, for damage to. or destruction of, the Property. snch policy shall inciude a standard mortgage ciause and shall name Lender as mortgagee and/or as an additional loss payee. In the evenl of loss, Borrower shall give prompl notice to (he insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower othelWise agree In writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoraUon or repair of the Properly. if Ihe rp_~loralion or repair is economically reasihle and Lender's security is not iessened, During such repair and restoration period, Lender shall have the right to hold such insurance proceeds unLil Lender has had an opporLunity 10 inspecL such Properly Lo ensure the work has been completed 10 Lender's salisfaclion, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single paymenL or in a series of progress paynlenls 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, or other third parties, relained by Borrower shall nol be paid out of the insurance proceeds and shall he the sole obligation of Borrower. If the resLoration 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 Instrument. whether or not then due, with the excess. if any, paid to Borrower, Such insurance proceeds shall be applied in [he order provided for in Section 2, , If Borrower abandons the Properly, Lender may file, negotiate and seLtle 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 selt.le a claim, then Lender may negotiale and seltle the 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 othelWlse. 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 I his Securily Inslrumenl, 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 Ihe Property. insofar as such rights are applicahle to the coverage of the ProperLy, Lender may use the insurance proceeds either to repair or restore the Property or to pay, amounls unpaid under [he Note or Ihis Security InslJumenl, whether or not then due. 6. Occupancy. Borrower shall occupy. establish, and use the Property as Borrower's prlndpal residence within 60 days after the execulion of this Security Instrument and shall conUnue to occupy the Property as BOITOwer's principal residence for at least one year after the date of occupancy, lInlf>_~s Lender otherwise agrees in writing. which consent shall not be unreasonably withheld, or unless extenuating circumstances exJst which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damagé or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain [he Property in order to prevent the Property from deteriorating or decreasing in value due to Its condition. Unless it Is determined pursuant to Section 5 that repalr or restoration is not economically feasible. Borrower shall promptly repair the Property Jf damaged to avoid further delerioration or damage, If insurance or condemnation proceeds are paid In conneclion with damage to, or the taking of. Ihe Property, Borrower shall be responsible for repaiIing or restoring the Property only if Lender has released proceeds for such purposes, Lender may disburse proceeds for the repairs and restoralionln a single payment or in a series of progress payments as the work Is completed. If the Insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower Is not relieved of BOITower's obligation for the completion of such repair or rp_~loralion, Lender or its agenlmay make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the Interior of the improvements on the Property, Lender shall give Borrower notice at the time of or prior to such an interior inspeclion specifying such reasonable cause. 8. BOITower's Loan Application. Borrower shall be in defauJt if, dOling the Loan applicalion process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or falled to provide Lender with material information) In connection with the Loan, Material representations include, but are not lim1led to, representations conceming 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 falls to perform the covenants and agreements contalned In this Security Instrument, (b) there is a iega1 proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condenmatlon or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security Instrument, including protecting and/or assessing the 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 this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect 1Is interest in the Property and/or rights under this Security Instrument, including Its secured position In a bankruptcy proceeding, Securing the Property includes, but is not llnùted 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 utililies turned on or off. Although Lender may take action under this Section 9, Lender dOP$ 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. M Mortgage·WY 2006A-WY (06/07) Page 5 of 10 Form 3051 1/01 c.00460 DOC ID #: 00019176324403008 Any amount~ disbursed by Lender under this Section 9 shall hecome addilional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payabie. with such interest. upon notice from Lender to Borrower requesting payment. If this Securily Instrument is on a leasehold, Borrower shall comply wilh alllhe provisions of Ihe lease. If Borrower acquires fee title 1.0 the Properly, the leasehold and Ihe fee tilie shall not mergeunle$s Lender agrees 10 the merger in writing. 10. MOl'tgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required 10 mairllain the Mortgage Insurance in effecl. If, for any reason, Ihe Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substarllially equivaleollo Ihe Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effecl. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, Lender can no longer require loss re$erve payments if Mortgage Insurance coverage (in Ihe amount and for the period that Lender requires) provided hy 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 condilion 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 the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement hetween Borrower and Lender providing for such lerminalion or until terminal ion is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay intere$t at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain iosses 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 wilh olher partie_~ Ihat share or modify their risl\, or reduce losses, These agreemenL~ are on tenl1s and condilions that are satisfactory to the mortgage insurer and the other party (or parties) tn the_~e agreements. These agreements may require the mortgage Insurer to make payments using any source of funds that the mortgage insurer may have availabie (which may include funds obtained from Mortgage Insurance prel1ùums) . As a result of these agreements, Lender, any purchaser of the Note, another Insurer, any reinsurer, any other enlily, or any arnliate of any of the 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 the 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 Borrowel' has agl'eed to pay for Mortgage Insurance, or any other tenns of the Loan. Such agreements will not Incl'ease the amount Borrower will owe for Mortgage Insurance, and they wiii not entitle Borrower to any I'efund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the MOl'tgage Insurance under the Homeownel'S Protection Act of 1998 or any otber law. These I'lghts may include the right to I'ecelve cel'tain 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 pl'emiums that wel'e uneal'ßed at the time of such cancellation or termination. 11, Assignment of Miscellaneous P¡'oceeds; Forfeiture. 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 the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made In writing or Applicable Law requires intere.st [0 be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not econonùcally feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid to 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 the event of a partial taking. destruction. or loss in value of the Property In which the fair market value of the Property immediately before the partial taking. destruction, or loss In value is 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 otherwise agree in writing, the sums secured by this Security M Mortgage,Wy 2006A,WY (06/07) Page 6 of 10 Form 30511/01 f00461. DOC ID U: 00019176324403008 Inslrument shall be reduced by Ihe amounl of Ihe Misr.P.llaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immedJate1y 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 balanr.P. shall he paid to Borrower. In t.he ¢vent of a partial laking, destruclion, or loss in value of Ihe Property in which the fair market vatuI' of the Propert)1 Jmmediately before the partial taking. destructIon, or loss in value is less than the amount of the sums secure,d immediately before the partial taking. destruction, or loss in value, unless Borrower and Lender otherwise agree in wliting, the Misr.P.llaneous Proceeds shall he applied to the sums securedhy Ihis Security Instrument Whether or not the sums are then due. If the ~roperty is ahandoned hy Borrower, or ir, aner notice hy Lender to Borrower Ihalthe Opposing Party (as defined in the next sentence) offers to make an award to settIe a c.laim for damages, Borrower fails to respond to Lender within 30 days aner the date the nolice is given, Lender is authorized to collecl and apply the Miscellaneoµs Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, }\'hether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a light of action in regard 10 Miscellaneous Proceeds, BorrQ\¡yer shall be in default if any action or proceeding, whether civil or climinal, is begun that. in Lender's judgment, cpuld result in forfeiture of the Property or other material impairment of Lender's interest in the 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 disnlissed wilh a ruling that, in Lender'sjudgmenl, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are allributable to tbe impairment of Lender's inlerest in tbe Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12. Borrowel' Not Released; Forbeal'ance By Lender Not a Waiver. Extension of Ihe time for payment or modification of amortization of the sums secured by this Security Instrument granted hy Lender to Borrower or any Succl'.ssor in Interl'.~t 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 this Security; Instrument by reason of any demand made by the original Borrower or any Successors in Intere.~t of Bon'ower, Any forbearance by Lender in exercising any right or remedy including, wHhout Jimitation, Lender's acceptance df payments from third persons, entitles 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 right or remedy. 13. jÓint 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 Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to morrgage" grant and convey the co-sJgner's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend. modify, forbear or make any accommodations with regard to the: terms of this Security Instrument or the Note without the co-signer's consent. Subject to 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 Instrument. Borrower shall not be released from Borrower's obligations and liability lunder this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements óf thJs Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns Of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument. including. but not limited to, attorneys' fees. property Inspection and valuation fees. In regard to any other fees. the absence of express authority in thJs Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of sucb fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan Js subject to a law which sets maximum loan charges. and that law Js finally Jnterpreted so that tbe interest or other loan charges collected or to be collected in connection with the Loan exceed the pernútled limits, then: i (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pemútted lirlút; and (b) any sums already collected from Borrower which exceeded pernútled 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 without any prepayment charge (whether or not a prepayment charge is provided for under the Note), Borro¡vver's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any rJght of action Borrower might have arisJng out of such overcharge, 15. Notices. All notices given by Borrower or Lender in connection with thJs Security Instrument must be In writing. Any notice to Borrower in connection wiLh this Security Instrument shall be deemed to have been gJven to Borrower when mailed by flfst class mall or when actually delivered to Borrower's notice address Jf 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 unless 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 only M Mortgage'WY 2006A-WY (06/07) Page 7 01 10 Form 3051 1/01 -:,00462 DOC ID #: 00019176324403008 report a change of address through Ihal specified procedure. There may be only orle dp^~ignated nolice 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 Bon'ower. Any nolice in connection wilh Ihis SecurHy Inslrument shall not be deemed 10 have been given to Lender until aClually received by Lender. If any nolice required by Ihis Security Inslnnnent is also required under Applicable Law, the Applicable Law requirement will satisf}' the corresponding requirement under this Security Instrument. 16. Goveming Law; Sevel'ability; Rules of Comtruction. This Security Instrumenl shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in ¡his Securily Instrumenl are subject to any requiremenl.~ and Ihnilations 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 prohihilion against agreemenl hy conlract. 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. As used in Ihis Security Inslrumenl: (a) wnrds of the masculine gender shall mean and include corresponding neuter words or words of the fenlinine gender: (h) 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 this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in BOITower. As used in this Section 18, "Interest in Ihe Properly" means any legal or beneficial interest in the Property, including, hut not limiled 10. 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 litle by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest In tile 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, this oplion shall not be exercised by Lender if such exercise is prohihited hy Applicable Law. If Lender exercises this option, Lender shall give Borrower nolice of acceleralion, The notice shaH provide a period of not less than 30 day.~ from the date the nolice is given in accordance wilh Section 15 within which Borrower must pay all sums secured by thIs Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pernûtted by this Security Instrument without further notice or demand on Bon-ower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meel.~ certain condilions, BOITOwer shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earUest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as AppUcable Law nûght specify for the ternûnation of Borrower's right to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that 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 other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including, but not limited to, reasonable attorneys' fees, property inspection and valuatIon fees, and other fees incurred for the purpose of protecting Lender's interp^~t in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure th;;¡t Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument. shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the followingJonlls. as selected by Lender: (a) cash; (b) money order; (c) certified check, bank checl\, 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. Upon reinstatement by Borrower. this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not apply In the case of acceleration under Section 18, 20. Sale of Note; Change of Loan ServiceI'; Notice of Grievance, The Note or a partIal interest in the Note (together with this Security Instrument) can be sold one or more tImes without prior notice to 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 this Security Instrument and performs other mortgage loan seIVicing obligations under the Note, this Security Instrument. and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan ServiceI', the, address to which payments shouid be made and any other information RESP A requires in connectIon with a notice of transfer of seIVicing. If the Note Is sold and thereafter the Loan is serviced by a Loan ServiceI' other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain wilh the Loan ServiceI' or be transferred to a successor Loan ServiceI' and are not assumed by the Note purchaser unless otherwise provided hy the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a ciass) 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 tile requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to talle corrective action, If Applicable Law provides a time period which must elapse before certain action can be tal\en, tllat 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 M Mortgage,Wy 2006A-WY (06/07) Page B of 10 Form 3051 1/01 ~'00463 DOC ID #: 00019176324403008 Seclion 22 and Ihe nolice of acceleration given to BOlTower pursuanl to Section 18 shall be deemed 10 satisfy the notice and opportunity to take corrective action provisions of this Section 20, 21. Hazal'dous Substances. As used In this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wasles by Environmental Law and the following substances: gasoline, kerosene, other naml11able or toxic pelroleul1l products, toxic peslicides 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 envirornnenlal proleclion; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, conlribute to. or otherwise Irigger an Environmenlal Cleanup, Borrower shall not cause or permit the presence. use, disposal. storage, or release of any Hazardous Substances, or threaten 10 release any Hazardous Substances, on or in Ihe 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 Environmeotal Condition, or (c) which. due to the presence. use. or release of a Hazardous Substance, creales a condilion tbat adversely affecls the value of the Property, The preceding two sentences shall not apply 10 the presence, use, or storage on the Property of small quanlilies of Hazardnus Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (Including, but not IJmited to, hazardous substances In consumer products), Borrower shall promptly give Lender wrillen notice of (a) any invP^~ligation, claim, demand, lawsuit or other aclion by any governmental or regulatory agency or private party involving the Properly and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any Environmental Condillon, including but not limited 10, 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 learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance alTecting Ihe Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance wilh Environmental Law. NOlhing herein shall create any obligation on Lender for an Environmental Cleanup, NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to BOITowel' pl'lor 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 cw'ed; 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 BOITower of the right to reinstate after' acceleration and the right to bring a cow·t 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 swns secured by this Security Instrument without further demand and may invoke the power of sale' and any other remedies pel'mltted 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 BOITower 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. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee Is permitted under Applicable Law, M Mortgage,Wy 2006A,WY (06107) Page 9 of 10 Form 30511/01 \200464 DOC ID #: 00019176324403008 24. Waiven, Borrower releases and waives all righls under and by vírlue of Ihe homeslead exemption laws of Wyoming, \2,00465 BY SIGNING BELOW, Borrower accepts and agrees 10 the I.erms and covenanl.~ contained in Ihis Security Inslrumenl and in any Rider execuled hy Borrower and recorded with ii. ~4ll~ (Seal) - Borrower (Seal) -Borrower (Seal) - Borrower (Seal) -BoI1'ower by The foregoing inslrumenl was acknowledged he fore me Ihis County ss: L \ N U) U~ :?(st- ~ ÐÇ'MkU~J ~ STATE OF WYOMING, C,\-\ A \7 V· GA'Z- \ GI~ I My Comm1ssion Expires: f..t / 't-Pf I ZD I ~J1A1 ~¡yJ¡I- Not P bUe / ;;;L~;;~';,;i;~~'~~!¿;r:;,;~~~;;î . . ¡ Î. IP { (k ;. '! ~- ~·rïJ¡';(0!i~b~:;.0. ¡\\ Ej}"'[hE:;,j June .?9, 201 1 ~ ',' . '_' .'..: 1-t;~ "¡"'~' "..:.' "'I~ .';~~;."'''''' '.c,) ".\,-~:"" ¡. <.: ..:..;;'I'.'.ß·']~''''~r:%-'~",.>:\,~'''.,,i;'''';/.' ~.:<::r"'.[\I"""»I· '<;.~~¡~. (.,If StcáG of VVyorn¡ng ~\~,;ion M Mortgage-WY 2006A,WY (06/07) Page 10 or 10 Form 30511/01 EXHIBIT" A" That Tract of Land described in that certain Deed of Record in Book 373 PR, Page 513, in the Office of the Lincoln County Clerk, and specifically described as follows: \200466 In Township 32 North, Range 119 West, 6th P.M., Lincoln County, Wyoming. Section Twenty-Seven (27): West Half of the Northwest Quarter (W Yz NW '4) EXCEPTING THEREFROM, the South 31 rods, of the Southwest Quarter of the Northwest Quarter (SW '4 NW '4). Section Twenty-Eight (28): Northeast Quarter (NE '4) EXCEPTING THEREFROM the following 7 described parcels: 1. The South 31 rods, ofthe Southeast Quarter of the Northeast Quarter (SE '4 NE '4). 2. The South 58 rods, of the Southwest Quarter of the Northeast Quarter (SW '4 NE '4), 3, The North 640 feet, of the Northwest Quarter ofthe Northeast Quarter (NW '4 NE '4) 4. Beginning at a point, 16 rods, South of the Northwest comer of the Northeast Quarter of the Northeast Quarter (NE '4 NE '4), of said Section 28, and running Thence South, 18 rods; Thence East, 147 feet; Thence North, 18 rods; Thence West, 147 feet, to the point of beginning. 5. A 300 foot wide strip of land on the West edge of the above described Tract of Land, as described in the Deed of Record in Book 477 PR, Page 409, in the Office of the Lincoln County Clerk, described as follows: The West 300 feet of the Northwest Quarter of the Northeast Quarter (NW '4 NE '4) of Section 28, Township 32 North, Range 119 West, 6th P,M., Wyoming. EXCEPTING the North 940 feet, therefrom. And the West 300 feet, of the Southwest Quarter ofthe Northeast Quarter (SW '4 NE '4) of Section 28, Township 32 North, Range 119 West, 6th P,M., Wyoming. EXCEPTING all lands lying within the easement and the lands to the South of that certain right~of-way easement as recorded in Lincoln County Public Records in Book 305 P.R" at Page 547, 6. A tract ofland (the Danyel tract) described as follows: BEGINNING at a point on the East boundary line 0 the Southwest Quarter of the Northeast Quarter (SW '4 NE '4) of Section 28, said point being due North, a distance of 957 feet (58 rods), from the Southeast comer of said SW '4 NE '4; and running Thence due North, a distance of230.51 feet, to the South right-of-way boundary line of Harmony Creek Lane: Land Title Company Underwriter - Commonwealth Land Title Insurance Company Commitment - Schedule A ___ØM'__ .----..-.-. Thence South 86°30'00" West, along right-of-way boundary, a distance of 824,11 feet: Thence South 81 °28'39" West, continuing along right-of-way b01.U1dary, a distance of -':00467 499.40 feet, to the West b01.U1dary line of said SW '14 NE '14; Thence South 00°02'38" East, along said West boundary line, a distance of 122.51 feet; Thence North 89°17'22" East, along a line, 957 feet from, and parallel to, the South boundary line of the said SW '14 NE '14, a distance of 1,316.46 feet, to the point of beginning. 7. A tract of land lying within and being a part of the West Half of the Northeast Quarter (W Yz NE '14) of Section 28, Township 32 North, Range 119 West, Lincoln County, Wyoming, being a portion of the land described in that deed of record in Book 373 PR, Page 513, in the Office of the Lincoln County Clerk, with b01.U1daries more particularly described as follows: BEGINNING at the point of intersection of the East boundary line of the W Yz NE '14 of Section 28, with the South right-of-way boundary line ofHannony Creek Lane, said point being due North, a distance of 1,187,51 feet, from the Southeast corner of the said W Yz NE '14 (also know as the C-E 1/16 Comer) of Section 28; and running Thence South 86°30'00" West, along right-of-way b01.U1dary, a distance of 824.1 1 feet; Thence South 81 °28'3 9" West, continuing along South right-of-way boundary, a distance of 499.40 feet, to the West boundary line of the said W ';12 NE '14; Thence North 00°02'38" West, along said West boundary line, a distance of 60,66 feet, to the North right-of-way boundary of Hannony Creek Lane; Thence North 81 °28'39" East, along North right-of-way boundary, a distance of303.3l feet, to the Southeast corner of the Gardner property tract; Thence North 00°02'38" West, along the East boundary of the Gardner property tract, a distance of 129,81 feet; Thence North 00°01'05" East, continuing along the East boundary of the Gardner property tract, a distance of 378,88 feet, to the South boundary of the Hawkins property tract; Thence North 89°03'54" East, along the South boundary ofthe Hawkins property tract, a distance of 1,106,65 feet, to the East boundary line of the W ';12 NE '14; Thence due South, along the East boundary line of the said W ';12 NE '14, a distance of 446.46 feet, to the point of beginning, Land Title Company Underwriter - Commonwealth Land Title In$urance Company Commíbnent - Schedule A