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HomeMy WebLinkAbout946168 G&" 6010917583 Return To: WFHM FINAL DOCS X2599-024 405 SW 5TH STREET DES MOINES, IA 50309-4600 RECEIVED 3/27/2009 at 12:41 PM RECEIVING # 946168 BOOK: 718 PAGE: 820 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Pœpared By: WELLS FARGO BANK, N.A. 2517 E. 54TH ST N, 1ST FLOOR, SIOUX FALLS, SD 571045563 OOû820 ¡Space Above This Line For Recording Datal MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined helow and other words are defined in Sections 3, II, 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 23, 2009 together with all Riders to this document. (B) "Borrower" is LUCAS E PEAVLER, A MARRIED PERSON Lf AKA LUCAS PEAVLER ßP Borrower is the mortgagor under this Security Instrument. (C) "Lender" is WELLS FARGO BANK, N.A. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES Lender's address is P.O. BOX 11701, NEWARK, NJ 071014701 Lender is the mortgagee under this Security Instmment. 0097417851 WYOMING· Single Fal1lily - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolters Kluwer Financial Services InittAls: f Form 3051 1/01 ) I VMP61WY1108031.00 ~_ Pege 1 of 16 ~ NMFL 3051 IWYCMI Rev 6/2008 00&821 (D) "Note" means the promissory note signed by Borrower and dated MARCH 23, 2009 The Note states that Borrower owes Lender ONE HUNDRED THIRTY SIX THOUSAND AND 00/100 Dollars (V. S. $ * * * * 136, 000 . 00 ) plus inteœst. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL 01, 2039 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "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 Seçurity Instrument, plus interest. (G) "Riders" means all Riders to this Seçurity Instrument that are executed by Borrower. The following Riders are to be executed by Borrower fcheçk box as appliçable]: D Adjustable Rate Rider D Balloon Rider D VA Rider D Condominium Rider D SeÇ()nd Home Rider D Plmmed Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider D Other(s) [specify] (II) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinançes and administrative rules and orders (that have the etJeçt of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners assodation or similar organization. (J) "Electronic Funds 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, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an acçount. Suçh term indudes, hut is not limited to, point-of-sale transfers, automated teller mad1Íne transaçtions, transfers initiated hy telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described inSeçtion 3. (L) "Miscellaneous Proceeds" means any çompensation, settlement, award of damages, or proçeeds paid hy any third party (other than insurançe prm:eeds paid under the coverages described in Section 5) for: (i) damage to, or destruçtion of, the Property; (ii) çondemllation or other taking of all or any part of the Property; (iii) ÇQnveyançe in lieu of çondemnation; or (iv) misrepresentations of, or omissions as to, the value and/or çondition of the Property. (M) "Mortgage Insurance" means insurance proteçting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly sçheduled amount due for (i) prinçipal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.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 suçcessor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. WYOMING - Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP® . Wolters Kluwer Financi~1 Services ,"""., þ Form 3051 1/01 VMP61WYI 108031.00 Page 2 of 16 ûOö822 (P) "Successor in Interest of Borrower" means any party that has taken title 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 THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Seçurity Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, with power of sale, the following described property located in the COUNTY of LINCOLN [Type of Recording Jurisdiction) [Name of Recording Jurisdiction] SEE ATTACHED LEGAL DESCRIPTION TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 Parcel ID Number: LEGAL DESCRIPTION 11020 HIGHWAY 238 AFTON ("Property Address"): which currently has the address of ¡Streell ICily], Wyoming 83110 ¡Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Seçurity Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby çonveyed and has the right to mortgage, grant and Ç()nvey the Property and that the Property is uneuçumbered, exçept for ençumbrances of reçord. Borrower warrauts and will defend generally the title to the Property against all daims and demands, suhjeçt to any ençumbrançes of reçord. THIS SECURITY INSTRUMENT comhiues uniform çovenants fÒr national use and non-uniform çovel1ants with limited variations by jurisdktion to c()ustitute a uniform seçurity instrument çovering real property. WYOMING· Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolters Kluwer Financial Services ,",.,.,,, tP- Form 3051 1/01 VMP6IWY¡ 108031.00 Page 3 of 1 6 .OOú823 UNIFORM COVENANTS. Borrower and Lender çovenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the prinçipal of, and interest on, the debt evídençed hy the Note and any prepayment charges and late charges due unùer the Note. Borrower shall also pay funùs for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in V.S. currençy. However, if any check or other instrument reçeived by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that 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) certitìed 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 suçh 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 the Loan current. Lender 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 açcepted. If e¡¡çh Periodiç Payment is applied as of its sçheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold suçh unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonahle period of time, Lender shall either apply suçh funds or return them to Borrower. If not applied earlier, suçh funds will be applied to the outstanding principal balant:e under the Note immediately prior to foreclosure. No offset or daim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Seçurity Instrument or performing the çovenants and agreements secured by this Security Instrument. 2, Application of Payments or Proceeds. Exçept 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) prinçjpal due under the Note; (ç) amounts due under Section 3. Such payments shall be applied to each Periodiç Payment in the order in which it became due. Any remaining amounts shall be applied first to late çharges, second to any other amounts due under this Security Instrument. and then to reduçe the principal balance of the Note. If Lender receives II 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 Periodk 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 exçess 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 tìest to any prepayment charges and then as described in the Note. Any appliçation 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 Periodk 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 whiçh çan attain priority over this Security Instrument as a WYOMING - Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolters Kluwer Financial Services ""','" Jtp- Form30511/01 VMP61WYII08031.00 Page 4 of 16 c,Oü824 lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurant:e 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 açcordance with the provisions of Seçtion 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 esçrowed 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 Seçtion. Borrower shall pay Lender the Funds for Esçrow 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 suçh waiver may only be in writing. In the event of suçh waiver, Borrower shall pay direçtly, when and where payable, the amounts due for any Esçrow Items for whiçh payment of Funds has been waived by Lender and, if Lender requin:s, shall furnish to Lender reçeipts evide\1Çing suçh payment within suçh 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 used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon suçh revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Est:Tow Items or otherwise in aççordançe with Applicable Law. The Funds shall be held in an institution whose deposits are insuœd by a federal agency, instrumentality, or entity (induding Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender sh,dl apply the Funds to pay the Esçrow Items no later than the time specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Es¡,;row Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Appljçable Law requires interest to be paid on the Funds, Lender shall not he 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, without çharge, an annual accounting of the Funds as required by RESPA. 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 accorda\1Çe with RESP A. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify 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 by RESPA, and Borrower shall pay to Lender the amount ne¡,;essary to make up the detïciençy in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. WYOMING· Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolters Kluwer Financial Services 1"1 L~ nltlas:~ Form 3051 1/01 VMP6IWY) 108031,00 Page 5 of 16 ,'L OOû82-5 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instmment, 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 this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a maImer 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 proçeedings 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 ofthe Property is subject to a lien which can attain priority over this 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 satisfy 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 çharge for a real estate tax verification and/or reporting serviçe used by Lender in çonneçtion with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards induded within the term "extended Ç()verage," and any other hazards including, but not limited to, earthquakes and tloods, for whiçh Lender requires insurance. This insurance shall be maintained in the amounts (illduding deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preçeding sentences can çhange during the term of the Loan. The insurançe 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 connection with this Loan, either: (a) a one-time charge for tlood zone determination, certification and tracking services; or (b) a one-time charge for tlood zone determination and certitication services and subsequent charges each time remappings or similar changes occur which reasonably might atTect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any tlood 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 partiçular type or amount of çoverage. Therefore, suçh çoverage 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 çost of the insurançe çoveragt: so obtained might signitkantly exçeed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable. with suçh interest, upon notjçe from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of suçh poliçies shall be subjeçt to Lender's right to disapprove suçh policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal çertitïcates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, WYOMING - Single Fomily - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP® Wolters Kluwflr Financial Services '";".,.~ Form 3051 1/01 VMP6(WY) 108031.00 Page 6 of 16 úOv826 for damage to, or destruction of, the Property, suçh poliçy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of Joss, Borrower shall give prompt notiçe to the insurance çarrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During suçh repair and restoration period, Lender shall have the right to hold such insurance 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. 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 suçh proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance 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 sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shaIl be applied in the order provided for in Seçtion 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance daim and related matters. If Borrower does not respond within 30 days to a notke from Lender that the insurance çarrier has offered to settle a daim, then Lender may negotiate and settle the claim. The 30-day period wiIl begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proçeeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurançe poliçjes çovering the Property, insofar as such rights are applkable to the çoverage of the Property. Lender may use the insurance proçeeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, estahlish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall çontinue to occupy the 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 uilleasonably witlù1eld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, aIlow 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. Unless it is 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 çOndellli1ation proçeeds are paid in connection 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 insurançe or çondemnation proceeds are not sufficient WYOMING· Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP® Wolters Kluwer Financial Services Initials: tf Ç?R Form 3051 1/01 VMP61WYII08031,OOePage 7 of 16 ÜOü82Þ, 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 inspeçt the interior of the improvements on the Property. Lender shall give Borrower notjçe at the time of or prior to suçh an interior inspeçtion 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 açting at the direçtion of Borrower or with Borrower's knowledge or çonsent gave materially false. misleading, or inaçcurate information or statements to Lender (or failed to provide Lemler with material information) in cOlUledion with the Loan. Material representations include, but are not limiteù to, representations çonçerning Borrower's oççupançy of the Property as Borrower's prim:ipal residençe. 9. Protection of Lender's Interest in the Propert)' and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proçeeding that might signifjçantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptçy, probate, for condemnation or forfeiture, for enforçement 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 its interest in the Property and/or rights under this Security Instrument, including its seçured position in a bankruptcy proceeding. Seçuring the Property includes, but is not limited to, entering the Property to make repairs, change lot:ks, replaçe or board up doors and windows, drain water from pipes, eliminate building or other Ç()ùe violations or dangerous çonditions. and have utilities turned on or off. Although Lender may take action under this 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 inçurs no liability for not taking any or all actions authorized under this Seçtion 9. Any amounts disbursed by Lender under this Seçtion 9 shall beçome 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, with suçh interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower açquires fee title to the Property, the leasehold and the fee title shall not merge UJùess Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a çondition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided suçh 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 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 WYOMING ~ Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolt~rs Kluwer Financial Services Initials: L£ ~ Form 3051 1/01 VMP61WYI 10803).00 Page 8 of 16 OOô828 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 façt 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 premiums for Mortgage lnsurançe, Borrower shall pay the premiums required to maintain Mortgage Insurance in effeçt, 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 termination is required by Applicable Law. Nothing in this Seçtion 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurançe reimburses Lender (or any entity that purchases the Note) for çertain losses it may incur if Borrower does lIot repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all suçh insurançe in force from time to time, and may enter into agreements with other parties that share or modify their risk, or n:duce losses. These agreements are on terms and çonditions 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 (whiçh 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) a portion of Borrower's payments for Mortgage Insurance, in exçhange 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 Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan, Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination, 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proçeeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, suçh Misçdlaneous Proçeeds shall be applied to restoration or repair of the Property, if the restoration or repair is economiçally feasible and Lender's seçurity is not lessened. During such repair and restoration period, Lender shall have the right to hold suçh Miscellaneous Proceeds until Lender has had an opportunity to inspeçt suçh 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 WYOMING· Single Family - Fonnie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolters Kluwer Financial Services Initials: L--~ W Form 3051 1/01 VMP61WY110603).00 Page90f16 r- 0·'·, i:l29 I':.); \.Po' ' repairs and restoration in a single disbursement or in a series öf 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 shall not be required to pay Borrower any interest or earnings on suçh Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the exçess, if any, paid to Borrower. Suçh Miscellaneous Proceeds shall be applied in the order provided for in Seçtion 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall he applied to the sums secured by this Seçurity 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, Ulùess 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 sums 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, destrul.:tion, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruçtion, or loss in value of the Property in whiçh the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums seçured il1unediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Misçellaneous Proceeds shall he applied to the sums seçured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the 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 authorized to çolleçt and apply the Misçellaneous Proçeeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Misçellaneous Proceeds. Borrower shall be in default if any açtion 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 the Property or rights under this Seçurity Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, 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 attributable to the impairment of Lender's interest in the 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 Seçtion 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums seçured by this Security Instrument granted by Lender to Borrower or any Sucçessor in Interest of Borrower shall not operate to release the liability of Borrower or any Suçcessors in Interest of Borrower. Lender shall not be required to commence proceedings against WYOMING· Single. F~mi y . Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolters Kluwer Financiill Services ,.".,.~ Form 3051 1/01 VMP61WYII08031,OO Page 10 of 16 00&830 any Sucçessor 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 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 Sucçessors 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 çovenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who ço-signs this Seçurity Instrument but does not exeçute the Note (a "co-signer"): (a) is ço-signing this Security Instrument only to mortgage, grant and çonvey the ço-signer's interest in the Property under the terms of this Seçurity Instrument; (b) is not personally obligated to pay the sums seçured by this Security Instrument; and (ç) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any acconunodations 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 obUgations and liability under this 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 connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Seçurity Instrument, induding, but not Umited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Seçurity Instrument to çharge a specifit: fee to Borrower shall not be çonstrued as a prohibition on the çharging of such fee. Lender may not charge fees that are expn:ssly prohibited by this Seçurity Instrument or by Applicable Law. If the Loan is subject to a law whiçh sets maximum loan çharges, and that law is finally interpreted so that the interest or other loan çharges colleçted or to be çolleçted in çonneçtion with the Loan exçeed the permitted limits, then: (a) any such loan charge shall be reduçed by the amount neçessary to reduce the çharge to the permitted limit; and (b) any sums already çolleçted from Borrower which exçeeded permitted limits will be refunded to Borrower. Lender may d100se to make this refund by reducing the principal owed under the Note or by making a direçt 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 çharge is provided for under the Note). Borrower's açceptançe of any such refund made by direct payment to Borrower will constitute a waiver of any right of açtion Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in cOlU1ection with this Security Instrument must be in writing. Any notice to Borrower in çOIU1ection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notjçe 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 WYOMING . Sin~le Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolters Kluwer Financial Services Initials: ~~ Form 3051 1/01 VMP6IWY) 108031.00 Page 1 1 of 16 ~ ,,", - . Cla- -1.), ;~t¡,'Vo .L change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in çonnection with this Security Instrument 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 Instrument 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 Instrument are subjeçt to any requirements and limitations of Appliçable Law. Applkable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but suçh silence shall not be construed as a prohibition against agreement by çontract. In the event that any provision or clause of this Security Instrument or the Note çont1icts with Applicable Law, suçh cont1kt shall not affect other provisions of this Security Instrument or the Note which can be given effeçt without the contlicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and indude the plural and vice versa; and (ç) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall he 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 the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, 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 within which Borrower must pay all sums seçured by this Seçurity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Seçurity Instrument without further notke or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets çertain conditions, Borrower shall have the right to have enforçement of this Seçurity Instrument disçontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale çontained in this Seçurity Instrument; (b) suçh other period as Applkahle Law might specify for the termination of Borrower's right to reinstate; or (ç) entry of a judgment enforçing 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 WYOMING· Single Family· Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolters Kluwer Financial Services '",,;.. ~ Form 3051 1/01 VMP6IWYII0803}.OO Page 12 of 16 nOû832 agreements; (ç) pays all expenses incurred in enforcing this Seçurity Instrument, including, but not limited to, reasonable attorneys' fees, property inspeçtion and valuation fees, and other fees inçurred for the purpose of proteding Lender's interest in the Property and rights under this Seçurity Instrument; and (d) takes suçh açtion as Lender may reasonahly require to assure that Lender's interest in the Property and rights under this Seçurity Instrument, and Borrower's obligatioll to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay suçh reinstatement sums and expenses in one or more of the following forms, as selected by Lender; (a) cash; (b) money order; (c) certified check, bank check, treasurer's cheçk 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 Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) çan 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 serviçing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more çhanges 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 ServÌt:er, the address to whidl payments should be made and any other information RESP A requires in cOlUleçtion 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 ServÌt:er or be transferred to a successor Loan Servicer and are not assumed by the Note purçhaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commençe, join, or be joined to any judicial action (as either an individual litigant or the member of a dass) that arises from the other party's açtions 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 Seçurity Instrument, until suçh Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breaçh and afforded the other party hereto a reasonable period after the giving of such notice to take corrective açtion. If Applicable Law provides a time period which must elapse before çertain action can be taken, that 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 Section 22 and the notice of açceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the 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 those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other tla¡mnable or toxic petroleum products, toxic pesticides and herbit:ides, volatile solvents, materials çontaining asbestos or formaldehyde, and radioactive materials; (b) "Envirolllnental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental proteçtion; (ç) "Enviromnental Cleanup" includes any response action, remedial açtion, or removal açtion, as detined in Envirolllnental Law; and (d) an "Environmental Condition" means a condition that çan cause, çontribute to, or otherwise trigger an Environmental Cleanup. WYOMING - Single F~mily - Fannie Mae/Freddie Mal: UNIFORM INSTRUMENT VMP® Wolters Kluwer Financial Services Initiais:R ~ Form 3051 1/01 VMP61WYI 108031.00rPage 13 of 16 Ø00833 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substançes, or threaten to release any Hazardous Substances, on or in the 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 Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, çn::ates a çondition that adversely affeçts the value of the Property. The pceceding two sentences shall not apply to the presençe, use, or storage on the Property of small quantities of Hazardous Substances that are generally n::çognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substançes in consumer produçts). Borrower shall promptly give Lender written notiçe of (a) any investigation, claim, demand, lawsuit or other açtion by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has açtual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, disçharge, release or threat of release of any Hazardous Substance, and (ç) any çondition caused by the presence, use or release of a Hazardous Substançe which adversely affects the value of the Property. If Borrower learns, or is notitìed by any governmental or regulatory authority, or any private party. that any removal or othec remediation of any Hazardous Substançe 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 foc an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender furthec covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the nQtice, Lender at its option may require immediate payment in full of all smns secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15, Lender shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law, Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums seçured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP® Wolters KluW6r Financial Services InitiaIS:~ Form 3051 1/01 VMP61WYI 108031.00 Page 14 of 16 ~ ØOG834 releasing this Security Instrument, but only if the fee is paid to a third party fOI 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Seçurity Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ~ t~ (S"I) CAS E PEAVLER -Borrower I, Bethanne Peavler, am executing this mortgap,e solely to subject the property herein to the lien of this mortgage. I am undertaking no personal responsibility for the payment for t t secured h eby. ( Seal) (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) - Borrower -Borrower WYOMING - Single Fomily . Fonnie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolters Kluwer Financial Services Initials: L( ßP Form 3051 1/01 VMPGIWYIIOe031,OO Poge 15 of rG OO\:j¡835 STATE OF WYOMING, LINCOLN County ss: This instrument was acknowledged before me on f-4'arch 23, 2009 by LUCAS E PEAVLER AKA Lucas Peavler and Bethanne Peavler My Commission Expires: 9-15-11 Notary Public ~~ Tille (and Rank) '~·;··':,·j:id1'~~ ~'~~~:f-·'¡o:!I>b¡._.¡ iQt,p¡!fJ':!'<!!:r.~Jt-""')'I"'~i~~IIi!41t'C3'. '-" ;:;1 GLORIA K. BYERS , OTAI~Y PÙBLi¿~ ~ k ~ ~ County of níi( . State of Ii, ~ Lincoln ~\\; WYOming}, .~ ~~<.,~.=:~ ~~ , M~C(1;11IT1iE:'ic!1.Exp¡n"s ~:t'Jptemb")r ,¡ 5, 2011 . . -. ..-f'.. ~ 't ,!:: .:"~,<,,.,~':t>:-!,x. .~..... ..~·~L..,¡;·.. '"'~''''' ~,;, '-~.;.c,!..,-. ....~::.... ;.J~ øt...~ ' . '; WYOMING· Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP@ Wolters Kluwer Financial Services Initials: ~ ~ Form 3051 1/01 VMP61WYI 108031-00 Page 16 of 16 File Number: 6010917583 EXHIBIT "A" LEGAL DESCRIPTION 000836 A portion of that tract of record referred to a Parcel #1 in that certain Quitclaim Deed dated January 15, 1995 and recorded in the office of the Lincoln Cowlty Clerk in Book 381PR on page 72, Recording No. 816519, more particularly described as follows: BEGINNING at the Northeast corner of said Parcel #1, said corner being 30 rods West ofthe Northeast corner of Section 35, Township 32 North, Range 119 West ofthe 6th P.M., Lincoln County, Wyonùng; and, running thence West, along the North boundary of said Parcel #1, 100 feet; thence South, parallel to the East boundary line of said Parcel #1, 120 feet; thence East, parallel to the North boundary line of said Parcel #1, 100 feet, more or less, to the East boundary line of said Parcel #1; thence North, along East boundary line, 120 feet, more or less, to the POINT OF BEGINNING. I::..\;~"t StreamLine Legal Description - Exhibit "Au © Rev. 3/22/2006 l-~ f2-P