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HomeMy WebLinkAbout945986 ,~ tit '''-' R:t.~.~m T~.. !~ t:::1\~l ~ ,~--=------- Lsï:[ps .. .. ..- ..-- East Recording Solutions 700 Cherrington Parkway Coraopolis, PA 15108 RECEIVED 3/18/2009 at 3:19 PM RECEIVING # 945986 BOOK: 717 PAGE: 837 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. wY Prepared By: Anthony Castilla 10750 McDermott Freeway San Antonio, TX 78288 ÜOû837 [Space Above TWs Line For Recording Data] MORTGAGE MIN 100105600025440446 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 docmnent, which is dated March 10, 2009 together with all Riders to this docmnent. (B) "Borrower" is Martin G Miller and Susan Olson-Miller, HUSBAND AND WIFE .' , , Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Leuder'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 nmnber of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. 6650123646 WYOMING· Single Familv . Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolters Kluwer Financial Services 611145808 h¿Ï!1 Form 30511/01 Irt ¡ VMP6AIWY) 108031.01 Initials: 1i r] Page 1 of 16 ~/ (D) "Lender" is USAA Federal Savings Bank ~ O<"83IQ U V Ó Lender is a federally chartered savings bank organized and existing under the laws of the United States of Amer:ica Lender's address is 10750 McDermott Freeway, San Antonio, TX 78288 (E) "Note" means the promissory note signed by Borrower and dated March 10, 2009 The Note states that Borrower owes Lender One Hundred Thousand And Zero/100 Dollars (U.S. $100,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 01, 2024 (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 tlus Security Instrmnent, plus interest. (H) "Riders" means all Riders to this Security Insttwnent that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: D Adjustable Rate Rider D Balloon Rider D VA Rider D Condominiwll Rider D Second Home Rider D Planned Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider D Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and aduunistrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opituons. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are itnposed on Borrower or the Property by a condominiwn association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other tllan a transaction originated by check, draft, or similar paper instrument, which is itutiated through an electrOluc terminal, telephonic instrwnent, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not linuted 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 third 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 the Property; (iii) conveyance in lieu of condenination; or (iv) misrepresentations of, or omissions as to, the value and/or condition of tlle 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 Section 3 of this Security Instrwnent. 6650123646 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolters Kluwer Financial Services 611145808 ~ Form 3051 1/01 ¡J", VMP6A(WY) (0803),01 Initials: ,./' Page 2 of 16 r-o'- 839 ., \, I (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrwllent, "RESP A" 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 RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has asswned Borrower's obligations under the Note and/or this Security Instrwnent. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrwllent secures to Lender: (i) the repayment of tlle 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 tllÌs purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to tlle successors and assigns of MERS, with power of sale, the following described property located in the Coun ty of Lincoln [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot 36 of the Fertile Acres Subdivision, Vacation and Second Filing. Lincoln County, Wyoming as described on the Official Plat thereof. Assessor?s Parcel No: 12-3318-03-4-01-007.00 Parcel ID Nwnber: 12-3318-03-4-01-007.00 46 Tamara Court Bedford ("Property Address"): which currently has the address of [Street] [City] , Wyoming 83112 [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 Instrwllent. All of the foregoing is referred to in this Security Instrwnent as the "Property." Borrower understands and agrees that MERS holds OlÙy legal title to the interests granted by Borrower in this Security Instrwnent, 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 6850123848 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPQ!j Wolters Kluwer Financial Services 811145808 Form 3051 1/01 ~/; VMP6A(WYI (08031.01 Initial.: I'L Page 3 of 16 ",4 (.:,00840 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 Instrwllent. 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encwnbrances of record. THIS SECURITY INSTRUMENT combines wuform covenants for national use and non-UlufOfill covenants with limited variations by jurisdiction to constitute a uniform security instnullent 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 tlus Security Instrwnent shall be made in U.S. currency. However, if any check or other instrwnent received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require tllat any or all subsequent payments due under the Note and this Security Instrument be made 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. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring tlle Loan current. Lendèr may accept any payment or partial payment insufficient 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 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 the Loan current. If Borrower does 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 outstanding principal balance under tlle 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 tlus Security Instrument or performing the covenants and agreements secured by this Security Instrument. 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 remailúng amounts shall be applied first to late charges, second to any other anloWlts due under this Security Instrwnent, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the 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 6850123646 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPI!!) Wolters Kluwer Financial Services 811145808 Form 3051 1101 s: ~ VMP6A(WYI (08031.01 Inltl.~~¡rl Page 4 of 16 ûO\i84:1 paid in full. To the extent that 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 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 tillS Security Instrwllent as a lien or encwnbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiwns for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiunls, if any, or any swns payable by Borrower to Lender in lieu of tile payment of Mortgage Insurance prenllwns in accordance with tile 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 shall pay Lender the Funds for Escrow Items Ulùess Lender waives Borrower's obligation to pay the FUllds 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 OlÙY be in writing. In the event of such waiver, Borrower shall pay directIy, 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 Instrwnent, as tlle 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 Witll Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required Ullder this Section 3. Lender may, at any time, collect and hold Funds in an. anlOunt (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the maxitnunl amount a lender can require under RESP A. Lender shall estimate the anlOunt of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay tile Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying tlle Funds, allllually 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. U¡ùess 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 tile Funds. Borrower and Lender can agree in writing, however, tIlat interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an allllual accounting of the Funds as required by RESP A. 6850123646 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP" Wolters Kluwer Financial Services 811145808 Form 3051 1/01 M- VMP6AIWY) (0803).01 Initials: . . Page 5 of 16 "'1t-1 ÜOJ842 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 the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and, Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all sums secured by tills Security Instrwnent, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to tlle Property which can attain priority over tills Security Instrunlent, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over tIús Security Instrument urness Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but olliy 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 opiillon operate to prevent the enforcement of the lien while those proceedings are pending, but OlÙy until such proceedings are concluded; or (c) secures from the holder of tile lien an agreement satisfactory to Lender subordinating tile lien to this SecurityInstrwllent. If Lender determines that any part of the Property is subject to a lien which can attain priority over tlús Security Instrwllent, Lender may give Borrower a notice identifying the lien. Witilln 10 days of the date on which tllat notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in tills 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 hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, eartIlquakes and floods, for which Lender requires insurance. Tlús insurance shall be maintained in tlle amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in cOll1lection Witll this Loan, either: (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 detenllination 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 detennination resulting from an objection by Borrower. If Borrower fails to maintain any of tlle 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 tile Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges tllat the cost of the insurance coverage so obtained might significantly exceed tlle cost of insurance that Borrower could have obtained. Any anlounts disbursed by Lender under tlús Section 5 shall 6850123846 WYOMING - Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP~ Wolters Kluwer Flnancisl Services 811145808 Form 3051 1/01 M I'M VMP6AIWY1108031.01 Initials: ~ Page 6 of 16 -ttJ11 ,.~'; 00843 become additional debt of Borrower secured by tllls Security Iustrument. 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 iusurance 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 11all1e Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtaius any fonn of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall lliUl1e Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the iusurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Utùess Lender and Borrower otherwise agree in writing, any iusurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such iusurance 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 disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Urness 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 otller third parties, retained by Borrower shall not be paid out of tlle iusural1ce proceeds and shall be the 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 smllS secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such iusurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandous 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 tllat tlle iusurance carrier has offered to settle a claim, then Lender may negotiate and settle tlle claim. The 30-day period will begin when the notice is given. In eitller event, or if Lender acquires the Property under Section 22 or otllerwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an anlOunt not to exceed the anlounts unpaid under the Note or tllls 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 iusurance policies covering tlle Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore tlle Property or to pay amounts unpaid under the Note or tlús Security Iustrument, whether or not tllen due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence witllln 60 days after tlle execution' of tlús Security Iustrument 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 witlùleld, or Ulùess extenuating circmllstances exist which are beyond Borrower's contro1. 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. Whether 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. Urness it is 6650123646 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPQ!) Walters Kluwer Financial Services 61114560B Form 3051 1/01 }y¡J'11 VMP6AIWYI {OB031.01 Initial.:· Pege 7 of 16 -{J111 000844 determined pursuant to Section 5 that 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 cOlmection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient 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 the interior of the improvements 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 the Loan application 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 failed to provide Lender with material information) in comlection with the Loan. Material representations include, but are not limited to, representations concenúng 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 perform the covenants and agreements contained in tlús Security Instrunlent, (b) there is a legal proceeding that might siglúficantly affect Lender's interest in the Property and/or rights under this Security Instrwllent (such as a proceeding in bankruptcy, probate, for condemnation 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, tllen 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 tlle 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 its interest in tlle Property and/or rights under this 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 tlns 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 tlús Section 9. Any amounts disbursed by Lender under tIús Section 9 shall become additional 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 payable, witll such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrwnent is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to tile Property, tlle 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 the Loan, Borrower shall pay the premiwns required to maintain the Mortgage Insurance in effect. If, for any reason, the 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 6850123646 WYOMING· Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPQ!) Walters Kluwer Financial Services 811145808 Form 3051 1/01 .: .If.1.11L. VMP6AIWYI108031.01 Initial~l Poge 8 of 16 C:00845 toward the premiwlls for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the 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 effect. 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 reserve payments if Mortgage Insurance coverage (in the 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 premiwns for Mortgage Insurance, Borrower shall pay the premiunls required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until temlÌnation is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the 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 that share or modify their risk, or reduce losses. These agreements are on tenns and conditions that are satisfactory to the mortgage insurer and the other 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 (wllÌch may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) à 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 tlle insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tenned "captive reinsurance." Furtller: (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 tenninated 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. 6850123646 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM iNSTRUMENT WITH MERS VMP@ Wolters Kluwer Financial Services 811145808 Form 3051 1/01 u"A'I VMP6AIWYJ 108031.01 Initials: ,'IJ. Page 9 of 16 ~ <)Ov846 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 interest to be paid on such Miscellaneous Proceeds, Lender silall not be required to pay Borrower any interest or earnings 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 Silins secured by this Security Instrument, whether or not then due, witll 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, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in whicil tlle fair market value of tlle Property Ì1111nediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of tlle Silins secured by this Security Instrument inmlediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the SunlS secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In tlle event of a partial taking, destruction, or loss in value of the Property in which the fair market value of tlle Property immediately before the partial taking, destruction, or loss in value is less than tlle amount of the Silins secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otllerwise agree in writing, tile Miscellaneous Proceeds shall be applied to the Silins secured by this Security Instrument whether or not the sums are tllen due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that tlle Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is autllOrized to collect and apply tlle Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whetller or not tllen 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. 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 other material impairment of Lender's interest in tlle Property or rights under this Security Instrwnent. 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 with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrwnent. The proceeds of any award or claim for danlages tllat are attributable to the impainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds tllat are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 6850123646 WYOMING· Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP~ Wolters Kluwer Financial Services 811145808 Form 3051 1/01 ".I1d.I11.- VMP8AIWYJ 108031,01 Initial~ Page 10 of 16 r:;'0084'7 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to C01lllllence 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 tills Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third 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 right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing tlllS Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of tills Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrunlent; and (c) agrees tllat Lender and any other Borrower can agree to extend, lllodify, forbear or make any accolllmodations with regard to the terms of tIlls Security Instnnllent 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 tlllS Security Instrument. Borrower shall not be released from Borrower's obligations and liability under tills Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this 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 cOlmection with Borrower's default, for tlle 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, tlle absence of express authority in this Security Instrwnent to charge a specific fee to Borrower shall not be construed as a proillbition on tlle charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrunlent or by Applicable Law. If the Loan is subject to a law which sets maxinlum loan charges, and that law is finally interpreted so that the interest or otller loan charges collected or to be collected in connection with tlle Loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by tlle amount necessary to reduce the charge to the permitted limit; and (b) any Silins already collected from Borrower which exceeded permitted 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). 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. All notices given by Borrower or Lender in connection with tlllS Security Instrunlent must be in writing. Any notice to Borrower in comlection with tlllS 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 otllerwise. The notice address shall be the Property Address 6850123648 WYOMING· Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPQ!) Wolters Kluwer Financial Services 811145808 Form 3051 1/01 .1!1.-1!1..- VMP6AIWY) (0803).01 Initial:~ Page 11 of 16 -(:'0\;848 wlless 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 Ollly report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrwnent 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 wlless Lender has designated another address by notice to Borrower. Xny notice in cOlIDection with this Security Instrwnent shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrwllent shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrwnent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrwnent or the Note conflicts with Applicable Law, such coní1ict shall not affect other provisions of this Security Instrwnent or the Note which can be given effect without the conflicting provision. As used in this Security Instrwnent: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the femilùne 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 this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the 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 interèst 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 Instrwllent. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this 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 witlùn which Borrower must pay all swns secured by this Security Instrwnent. If Borrower fails to pay tllese sums prior to the expiration of tlùs period, Lender may invoke any remedies permitted by tlùs Security Instrwllent without further notice or 'demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have tlle right to have enforcement of this Security Instrwnent 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 tlus Security Instrunlent; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing tlllS Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums wlùch 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 Instrwnent, including, but not limited 6850123846 WYOMING· Single Family' Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPI!!) Wolters Kluwer Financial Services 811145808 Form 3051 1/01 IIS:/:tJ-JrJ4- VMP6AIWYII0803¡.01 Initia~r) Page 12 of 16 "... 0,·· 84° r...;; UI .;¡¡ 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 this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under tlns Security Instrument, and Borrower's obligation to pay the swns secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of tlle 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, instrwnentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrwnent 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 Servicer; Notice of Grievance. The Note or a partial interest in tlle Note (together with tllÌs Security Instnunent) 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 wIder tlle Note and this Security Instrument and perfonns. other mortgage loan servicing obligations under the Note, this Security Instnunent, and Applicable Law. There also might be one or more changes of the Loan Servicer umelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change wInch will state the name and address of tlle new Loan Servicer, the address to which payments should be made and any other information RESP A requires in comlection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by tlle Note purchaser. Neitller Borrower nor Lender may commence, join, or be joined to any judicial action (as eitller an individual litigant or tlle member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges tllat tlle other party has breached any provision of, or any duty owed by reason of, this Security Instnunent, until such Borrower or Lender has notified tlle other party (witll such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period wInch must elapse before certain action can be taken, tllat time period will be deemed to be reasollable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy tlle notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are tllOse substances defined as toxic or hazardous substances, pollutants, or wastes by EnvirOlllilental Law and the following substances: gasoline, kerosene, other flan111lable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials contaÌ1nng 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 environmental protection; (c) "Envirolllilental 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, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in tlle Property. Borrower shall not do, 6650123646 WYOMING· Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPQ!) Wolters Kluwer Financial Services 811145608 . Form 3051 1/01 . . VMP6A(WY¡ (08031.01 Initials: . Page 13 of 16 (;00850 nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Envirolllnental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any goverlllnental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviro1llllental Law of wlùch Borrower has actual knowledge, (b) any Envirolllllental 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 the value of the Property. If Borrower learns, or is notified by any goverlllllental or regulatory authority,' or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Envirolllllental 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 infonn 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. IT 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 pennitted 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 smns secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all swns secured by this Security Instnnnent, Lender shall release this Security Instnnnent. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this 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 Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. . 6850123646 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPI!!) Wolters Kluwer Financial Services 811145808 Form 3051 1/01 --'I1....It!L, VMP8AIWY) (0803).01 Initial'~ Page 14 of 18 r;:00851. BY SIGNING BELOW, Borrower accèpts and agrees to the temlS and covenants contained in this Security Instrwllent and in any Rider executed by Borrower and recorded with it. WiUlesses: ~~LÞ$L (Seal) Martin G MiJ.J.er -Borrower ÛJf:11/JrJ/'í¥1·fhaet", Susan OJ.son-MiJ.J.er (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 6850123846 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMP@ Wolters Kluwer Financial Services Initials:/!l11!L Ãf}ðYh 811145608 Form 3051 1/01 VMP6AIWY) (0603).01 Page 15 of 16 STATE OF WYOMING, Lincoln County ss: The foregoing instrument was acknowledged before me tillS March 10, 2009 by Martin G Miller and Susan Olson-Miller ~ 0,'· 852 r::) VI My Co1l1ll1Ìssion Expires: 10 . I q..;}ò II nl\!\A..-o'L~ ~.JJ ~ Notary Public ~ ~ Title (and Rank) CHRISTY F. GUEAR . NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires October 19, 2011 6850123646 WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS VMPiI!I Wolters Kluwer Financial Services 811145808 ~ Form30511/01 VMP6AIWYI (0803).01 Initials: Page 16 of 16 .... 0"'Q53 f::......hJ1o Loan # 811145808 Exhibit A LEGAL DESCRIPTION Situate in Lincoln County and State of Wyoming: Lot 36 of the Fertile Acres Subdivision, Vacation and Second Filing. Lincoln County, Wyoming as described on the Official Plat thereof. Assessor's Parcel No: 12-3318-03-4-01-007.00