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Archer Land Title
. "301 W. Warner Rd, Ste 136
Tempe, AZ 85284
(480) 705-9622
Prepared By:
RECEIVED 7/24/2008 at 4:01 PM
RECEIVING # 940784
BOOK: 700 PAGE: 715
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Danie11e Langworthy
M&T Bank
6143 $, Wi1~ow Drive #410
Greenwood Village, CO 80111
~¡O~715
.l~<¡S' Ö~ Ð ~ç (p \ (I
[Space Above This Line For Recording Dllta)
FHA Cllse No.
State of Wyoming
MORTGAGE
591-1044663-703
MITN 100050300007521892
c:t
~'r
THIS MORTGAGE ("Security Instrument") is given on July 14 ( 2008
The Mortgagor is Riohard L. Johnson and Lori A. Johnson
("Bon-ower"). This Security In¡¡trument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"),
(solely as nomiD:eefor Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is
organized and existing under the laws of Delaware, and has an address and telephone. number of P. O. Box 2026,
Flint, MI 48501M2026, tel. (888) 679-MERS.Ace Mortgage Funding LLC
(II Lender") is organized and existing under the laws of Indiana , and
has an address of7820 Innova.tion Blvd'l Suite 300, Indianapolis, IN 46279
. Borrower owes Lender the principal sum of
Two Hundred Thirty One Thousand Four Hundred Twenty And Zero/l00
Dollars (U.S. $231,420.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 01 ( 2038
. This Security Instrument secures to Lender: (a) the repayment-ofthe debt evidenced by the
Note, with interest, and all renewals, extensions and modifications. of the Note; (b) the payment of a11 other sums,
with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance
of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower
does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and
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as~igns) and to the successors and assigns of MERS with power of sale, the following described property located in
Lincoln County, Wyoming:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER SOUTHEAST QUARTER OF SECTION
7, TOWNSHIP 34 NORTH, RANGE 118 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING, AND RUNNING
EAST 165 FEET; THENCE NORTH 528 FEET; THENCE WEST 185 FEET; THENCE SOUTH 528 FEET TO THE POINT OF
BEGINNING. TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS AND APPURTENANCES THEREON SITUATE OR
IN ANYWISE APPERTAINING THERETO.
Parcel ID Number: 34180740013400
which has the address'of 777 Lost Creek Road
Thayne [City], Wyoming 83127
[Street)
[Zip Code] ("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and aU easements,
appurtenances and fixtures nQW or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrurp.ent. An of the foregoing is referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's
successors and assigns), has 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 or
canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title 'to the Property against all claims and demands, subject to any
encumbrances of record.
n:I1S SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge, Borrower shall pay when due the principal of. and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment o:f Taxes, Insurance and Other Charges. Borrower shall include in each monthly
payment, together with the principal and interest as set forth in the Note and any late chargeS, a sum for (n) tWCe5 and
special assessments levied or to be levied against the Property, (b) leasehold payments. or ground rents on the
Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
which such premium would have been required if Lender still held the Security Instrument. each monthly payment
shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
in a reasonable amount to be determined. by the Secretary. Except for the monthly charge by the Secretary, these
items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds. "
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. Section 2601 et seq. 'and implementing regulations, 24 CFR Part 3500, as they may be
amended trom time to time (IIRESPA"), except that the cushion or reserve permitted by RESPA for unanticipated
disbursements or disbursements before the Borrower's payments are available in the account may not be based on
amounts due for the mortgage insurance premium. .
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If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESP A, Lender
shall account to Borrower for the excess funds as required by RESP A. If the amounts of funds held. by Lender at any
time are not sufficient tp pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to
make up the shortage as permitted by RESP A.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower teaders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance
remaining for all installment items (a), (b), and (c) and aoy mortgage insurance premium installment that Lender has
not become obligated t,o pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Immediately prior to a foreclosure sale of the Property or its acquisition by Le,nder, Borrower's account shall be
credited with any balance remaining for ail installments for items (a), (b), and (c). . ,
3, Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows:
First to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
.second, to any taxes, spec~al assessments, leasehold payments or ground rents. and fire, flood and other hazard
insurance premiums. as required¡
Third. to interest due under the Note;
E2.\illh, to amortization of the principal of the Note; and
Fifth. to late charges due under the Note.
4. Fire. Flood and Other Hazard Insurance, Borrower shaH insure all improvements on the Property; whether
now in existence or subsequently erected, against any hazards. casualties, and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. Borrower shall also insure all improvements on the Property. whether now in existence or subsequently
erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable
clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower, Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower Rnd to Lender jointly. Allor any part of the insurance
proceeds may be applied by Lender. at its option, either (a) to the reduction of the indebtedness under the Note and
this Security Instrument. first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal shall not extend or postpone the due date ofthe monthly payments which are referred to in paragraph 2, or
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to tbe entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer oftìtle to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the
purchaser.
5, Occupancy. Preservation, Maintenance and Protection of tlte Property; Borrower's Loan Application;
Leaseholds, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property)
and shal1 continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender determines that réquirement wiJJ cause undue hardship for Borrower. or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the
Property to deteriorate, reasonable wear and teat· excepted. Lender may inspect the Property if the Property is vacant
or abandoned or the loan is in defåult. Lender may take reasonable action to protect and preserve such vacant or
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abandoned Property. B.orrower shall also be in default if Borrower, during the loan application process, gave
materially false or inaccurate intormation or statements to Lender (or fàiled to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold, Borrower shaU comply with the provisions of tbe lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shaU not be merged unless Lender agrees to the merger in writing.
6, Condemnation, The proceeds of àny award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are
hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid
under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness
under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in
paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or
postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such
payments. Any excess proceeds over an amolmt required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in t~e Property, upon Lender's request Borrower shall promptly furnis11 to Lender receipts
evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's
rights in the Property, including pa.yment oftaxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender lmder this paragraph shall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts shall bear interest tram tbe date of disbursement, at the Note
rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees ill writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)
contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the
Lender's opinion operate to prevent the enforcernentof the lien; or (c) 'secures :trom 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 may attain priority over this Security Instrument, Lender may give
Borrower a. notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth
above within 10 days ofthe giving of notice,
8. Fees, Lender mày collect fees and charges authorized by the Secretary.
9, Grounds for Acceleration of Debt.
(n) Default. Lender may, except as limited by regulatiol1S issued by the Secretary, in the case of payment
defaults, requil'~ immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment. required by this Security Instrument
prior to or on the due date of the next monthly payment, or
(ii) Borrower defàults by failing, for a period of thirty days, to perform any other obHgations contained
in this Security mstrument.
(b) Sale Without Credit Approval, Lender sha[l. if permitted by applicable law (including Section 341(d)
of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d») and with the prior
approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument
if:
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(i) All or part of the Property, or a beneficial interest in a trust owning all or part oftha Property, is sold
or otherwisè transferred (other than by devise or descent), and .
(ii) Tho Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in fuIl, but
Lender does not require such payments, Lender does l10t waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary, In many circumstances regulations issued by the Secretary willlinút
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not
paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined
to be eligible for insurance under the National Housing Act within 60 days from the date hereof. Lender
may, at its option, require immediate pa.yment in full of all sums secured by this Security Instrument. A
written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof,
declining to insure this Security Instrument and the Note, shall be doomed conclusive proof of such
ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the
unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the
Secretary. '
10. Reinstatement, Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a
lwnp sum all amounts required to bring Borrower's account current including, to the extent they are obligations of
Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses
properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Insthnnent and
the obligations that it ~ecures shall remain in effect as if Lender had. not required immediate payment in full.
However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current
forecJosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (Hi)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in
interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance l?Y Lender in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12, Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements
of this Security Instrum,ent shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements shan be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)
is not personally obJigated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower may agree to extend, modifY, forbear or make any accommodations with regard to the terms of this
Security Instrument or tÞe Note without that Borrower's consent.
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13. Notic~s, Any ~otice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to
the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be
given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.
Any notice provided for in this Security Instrument shall be deemed to have been given to Borrowe.r or under when
given as provided in this paragraph.
14. Governing Làw; Severability. This Security Instrument shal1 be governed by Federal law and the law of
the jurisdiction in which the PrQperty is located. In the event that any provjsion or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect crther provisions of this Security Instrument or
the Note which can be. given effect without the conflicting provision. To this end the provisions of this Security
Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument
16. Hazardous Substances, Borrower shaH not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property tJ;¡at is in violation of any Environmental Law. The preceding two sentences shall not apply to
the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generaUy
recognized to be approp.riate to normal residential uses and to maintenance ofllie Property.
Borrower shall promptly give Lender written notice of 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, If Borrower learns, or is notified by any governmental
or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environm~tal Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Envhonmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safely or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Reuts. Borrower unconditionally assigns and transfers to Lender all the rents and revenues
of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to
Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and
receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of
rents constitutes an absolute assignment and not an assignment for addítional security only. .
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be
entitled to collect and receive all of the rents of the Property; and ( c) each tenant of the Property sha.ll pay all rents
due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower bas not executed any prior assignment of the rents and has not and will 'not perform any act that would
prevent Lender ûom exercising its rights under this paragraph 17. .
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice
of breach to Borrower. However, Lender or ajudiciaUy appointed receiver may do so at "any time there is a breach.
Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This
assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
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18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may
invoke the power of sale and any other remedies permitted by npplicable taw. Lender shall be entitled to collect
all expenses incurred in pursuing the remedies provided in tbis paragraph 18, inclnding, 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 paragraph 13. 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 p1llrchase 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 seeured by this Security
Instrument; and (c) any excess to the person or persons legally entitled to it,
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires
immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale
provided in the Single;Family Mortgage Foreclosure Act of 1994 ("Act'? (12 U,S,C. 3751 et seq.) by requesting
a foreclosure commissioner designated under tbe Act to commence foreclosure and to sell the Property as
provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise
available to a Lender under this Paragraph 18 or applicable law,
19, Release, Upon payment of an sums secured by this Security Instrument, Lender shall release this Security
Instrument without charge to Borrower, Borrower shall pay any recordation costs.
20, Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes aU'rights of
curtesy and dower in the Property.
21, Riders to this Security Instrument, If one or more riders are executed by Borrower and recorded together
with this Security Instrument)· the covenants of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument. [Check applicable box(es)]. .
D Condominium Rider 0 Growing Equity Rider 0 Other [specifY]
D Planned Unit Development Rider 0 Graduated Payment Rider
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BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security· Instrument and in
any rider(s) executed by. Borrower and recorded with it.
Witnesses: I
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
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~/~ (Seal)
RJ.chard L + John~ .8<Jrrower
~J~O~
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
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STATE OF WYOMING, LINCOLN
County 5S:
The foregoing instÌ'ument was acknowledged before me this July 14, 2008
by RiChard L, Johnson and Lori A. Johnson
ÎO'/'1~JOII
C~;1.~
Notary Public
~
My Commission Expires:
CHRISTY F. GUEAR - NOTARY PUBLIC
County of
Lincoln
Stateot
Wyoming
My Commission E}(pr~s October 19, 2011
~.4N(WY) (0609)
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