HomeMy WebLinkAbout951855This Document Prepared By:
TRACY SIMONE
WELLS
FARGO BANK, N.A.
3480 STATEVIEW BLVD, 1ST FLOOR
FORT MILL, SC 29715 -7203
When Recorded Mail To:
WFHM
Performance Title, Inc.
4405 E. Aloha Drive, ;ti
Diamond hear* '\19
State of Wyoming
W I k s- OL 6
First American Loan Production Services
102008 First American Real Estate Solutions LLC
FALPS# WYHECM2SIA Rev. 05 -15 -09
(Space Above This Line For Recording Data)
THIS MORTGAGE "Security Instrument" or "Second Security Instrument is given on
JANUARY 19, 2010 The mortgagor is
DELL MAY PENN
Page 1
r
E.; OiA53
RECEIVED 1/27/2010 at 3:17 PM
RECEIVING 951855
BOOK: 741 PAGE: 153
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
FHA Case No. 591-1147276-952
Loan No. 0117184416
ADJUSTABLE RATE
HOME EQUITY CONVERSION SECOND MORTGAGE
whose address is 320 LINCOLN STREET
AFTON, WYOMING 83110 "Borrower This Security Instrument
is given to the Secretary of Housing and Urban Development, whose address is 451 Seventh Street, S.W.,
Washington, DC 20410 "Lender" or "Secretary"). Borrower has agreed to repay to Lender amounts which
Lender is obligated to advance, including future advances, under the terms of a Home Equity Conversion
Loan Agreement dated the same date as this Security instrument "Loan Agreement The agreement to
repay is evidenced by Borrower's Note dated the same date as this Security Instrument "Second Note
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Second Note,
with interest at a rate subject to adjustment (interest), and all renewals, extensions and modifications of
the Note, up to a maximum princpal amount of
TWO HUNDRED FORTY FIVE THOUSAND TWO H UNDRED FIFTY AND NO /100
Dollars (U.S. 245,250.00 (b) the payment of all other sums, with interest advanced under Paragraph
5 to protect the security of this Security Instrument or otherwise due under the terms of this Security Instrument;
and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the
Second Note. The full debt including amounts described in (a), (b), and (c) above, if not due earlier, is due
and payable on DECEMBER 28, 2086 For this purpose, Borrower does hereby mortgage, grant and
convey to Lender with power of sale, the following described property located in LINCOLN
County, Wyoming:
Wyoming HECM ARM Second Security Instrument
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF;
which has the address of 320 LINCOLN STREET
[Street]
AFTON WYOMING 83110 "Property Address
[City] [State] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
rights, 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 Security
Instrument as the "Property."
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 only encumbered by a First
Security Instrument given by Borrower and dated the same date as this Security Instrument "First Security
Instrument Borrower warrants and will defend generally the title to the Property against all claims and
demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall pay when due the principal of and interest
on, the debt evidenced by the Second Note.
2. Payment of Property Charges. Borrower shall pay all property charges consisting of taxes,
ground rents, flood and hazard insurance premiums, and special assessments in a timely manner, and shall
provide evidence of payment to Lender, unless Lender pays property charges by withholding funds from
monthly payments due to the Borrower or by charging such payments to a line of credit as provided for in the
Loan Agreement. Lender may require Borrower to pay specified property charges directly to the party owed
payment even though Lender pays other property charges as provided in this Paragraph.
3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the
Property, whether now in existence or subsequently erected, against any hazards, casualties, and
contingencies, including fire. This insurance shall be maintained in the amounts, to the extent and for the
periods required by Lender. Borrower shall also insure all improvements on the Property, whether now in
existence or subsequently erected, against loss by floods to the extent required by Lender. The insurance
policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a
form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof
of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and
directed to make payment for such loss to Lender instead of to Borrower and Lender jointly. Insurance
proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is
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economically feasible and Lender's security is not lessened. If the restoration or repair is not economically
feasible or Lender's security would be lessened, the insurance proceeds shall be applied first to the reduction
of any indebtedness under the Second Note and this Security Instrument. Any excess insurance proceeds over
an amount required to pay all outstanding indebtedness under the Second Note and this Security Instrument
shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of BotTower in and to insurance policies in force
shall pass to the purchaser.
4. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence after the execution of this Security Instrument. and Borrower (or at least one BotTower, if initially
more than one person are Borrowers) shall continue to occupy the Property as Borrower's principal residence
for the term of the Security Instrument. "Principal residence" shall have the same meaning as in the Loan
Agreement.
Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the
Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default if Borrower,
during the loan application process, gave materially false or inaccurate information or statements to Lender
(or failed to provide Lender with any material information) in connection with the loan evidenced by the
Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a
principal residence. If this Security Instrument is on a leasehold, Bon shall comply with the provisions
of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged
unless Lender agrees to the merger in writing.
5_ Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall
pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2.
Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to
pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly
furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any lien which has
priority over this Security Instrument in the manner provided in Paragraph 12(c).
If Borrower fails to make these payments or the property charges required by Paragraph 2, or fails to
perform any other covenants and agreements contained in this Security Instrument, or there is a legal
proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy,
for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to
protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard
insurance and other items mentioned in Paragraph 2.
To protect Lender's security in the Property, Lender shall advance and charge to Borrower all amounts
due to the Secretary for the Mortgage Insurance Premium as defined in the Loan Agreement as well as all
sums due to the loan servicer for servicing activities as defined in the Loan Agreement. Any amounts
disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the
Loan Agreement and shall be secured by this Security Instrument.
6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a
reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to any
inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's
interest in the Property. If the property is vacant or abandoned or the loan is in default, Lender may take
reasonable action to protect and preserve such vacant or abandoned Property without notice to the Borrower.
7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in place of
condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of any
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indebtedness under a Second Note and this Security Instrument. Any excess proceeds over an amount
required to pay all outstanding indebtedness under the Second Note and this Security instrument shall be paid
to the entity legally entitled thereto.
8. Fees. Lender may collect fees and charges authorized by the Secretary for the Home Equity
Conversion Mortgage Insurance Program.
9. Grounds for Acceleration of Debt.
(a) Due and Payable. Lender may require immediate payment in full of all sums secured by
this Security Instrument if:
(i) A Borrower dies and the Property is not the principal residence of at ]east one surviving
Borrower; or
(ii) All of a Borrower's title in the Property (or his or her beneficial interest in a trust
owning all or part of the Property) is sold or otherwise transferred and no other Borrower
retains title to the Property in fee simple or retains a leasehold under a lease for not less
than 99 years which is renewable or a lease having a remaining period of not less than 50
years beyond the date of the 100th birthday of the youngest Borrower or retains a life estate
(or retaining a beneficial interest in a trust with such an interest in the Property); or
(iii) The Property ceases to be the principal residence of a Borrower for reasons other than
death and the Property is not the principal residence of at least one other Borrower; or
(iv) For a period of longer than twelve (12) consecutive months, a Borrower fails to occupy
the Property because of physical or mental illness and the Property is not the principal
residence of at least one other Borrower; or
(v) An obligation of the Borrower under this Security Instrument is not performed.
(b) Notice to Lender. Borrower shall notify Lender whenever any of the events listed in
Paragraph 9(a)(ii) -(v) occur.
(c) Notice to Borrower. Lender shall notify Borrower whenever the loan becomes due and
payable under Paragraph 9 (a)(ii) -(v). Lender shall not have the right to commence foreclosure
until Borrower has had thirty (30) days after notice to either:
(1) Correct the matter which resulted in the Security Instrument coming due and payable;
OT
(ii) Pay the balance in full; or
(iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply
the net proceeds of the sale toward the balance; or
(iv) Provide the Lender with a deed in lieu of foreclosure.
(d) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the
requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower,
shall not be considered a conveyance for purposes of this Paragraph 9. A trust shall not be
considered an occupant or be considered as having a principal residence for purposes of this
Paragraph 9.
10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt
secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender
shall not be permitted to obtain a deficiency judgment against Borrower if the Security Instrument is
foreclosed.
11. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment
in full. This right applies even after foreclosure proceedings are instituted. To reinstate this Security
Instrument, Borrower shall correct the condition which resulted in the requirement for immediate payment in
full. Foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with
the foreclosure proceeding shall be added to the principal balance. Upon reinstatement by Borrower, this
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Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required
immediate payment in full- However, Lender is not required to permit reinstatement if: (1) Lender has
accepted reinstatement after the commencement of foreclosure proceedings within two years immediately
preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure
on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the Security
Instrument.
12. Lien Status.
(a) Modification. Borrower agrees to extend this Security Instrument in accordance with this
Paragraph 12(a). If Lender determines that the original lien status of the Security Instrument is
jeopardized under state law (including but not limited to situations where the amount secured by
the Security Instrument equals or exceeds the maximum principal amount stated or the
maximum period under which loan advances retain the same lien priority initially granted to loan
advances has expired) and state law permits the original lien status to be maintained for future
loan advances through the execution and recordation of one or more documents, then Lender
shall obtain title evidence at Borrower's expense. If the title evidence indicates that the Property
is not encumbered by any liens (except the First Security Instrument described in Paragraph 13
(a), this Second Security Instrument and any subordinate liens that the Lender determines will
also be subordinate to any future loan advances), Lender shall request the Borrower to execute
any documents necessary to protect the lien status of future loan advances. Borrower agrees to
execute such documents. If state law does not permit the original lien status to be extended to
future loan advances, Borrower will be deemed to have failed to have performed an obligation
under this Security Instrument.
(b) Tax Deferral Programs. Borrower shall not participate in a real estate tax deferral
program, if any liens created by the tax deferral are not subordinate to this Security Instrument.
(c) Prior Liens. 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 manner acceptable to Lender; (b) contests in good faith the lien by, or
defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c)
secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
all amounts secured by this Security Instrument. If Lender determines that any part of the
Property is subject to a lien which may attain priority over this Security Instrument, Lender
may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
13. Relationship to First Security Instrument.
(a) Second Security Instrument. In order to secure payments which the Secretary may make to
or on behalf of Borrower pursuant to Section 255(i)(1)(A) of the National Housing Act and the
Loan Agreement, the Secretary has required Borrower to execute a Second Note and this Second
Security Instrument. Borrower also has executed a First Note and First Security Instrument.
(b) Relationship of First and Second Security Instruments. Payments made by the
Secretary shall not be included in the debt under the First Note unless:
(i) The First Security Instrument is assigned to the Secretary; or
(ii) The Secretary accepts reimbursement by the holder of the First Note for all payments
made by the Secretary.
If the circumstances described in (i) or (ii) occur, then all payments by the Secretary, including
interest on the payments, but excluding late charges paid by the Secretary, shall be included in
the debt under the First Note.
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(c) Effect on Borrower. Where there is no assignment or reimbursement as described in
(b)(i) or (ii) and the Secretary makes payments to Borrower, then Borrower shall not:
(i) Be required to pay amounts owed under the First Note, or pay any rents and revenues of
the Property under Paragraph 19 to the holder of the First Note or a receiver of the Property,
until the Secretary has required payment in full of all outstanding principal and accrued
interest under the Second Note; or
(ii) Be obligated to pay interest under the First Note at any time, whether accrued before or
after the payments by the Secretary, and whether or not accrued interest has been included in
the principal balance under the First Note.
(d) No Duty of the Secretary. The Secretary has no duty to the holder of the First Note to
enforce covenants of the Second Security Instrument or to take actions to preserve the value of the
Property, even though the holder of the First Note may be unable to collect amounts owed under
the First Note because of restrictions in this Paragraph 13.
(e) Restrictions on Enforcement. Notwithstanding anything else in this Security Instrument,
the Borrower shall not be obligated to comply with the covenants hereof, and Paragraph 19 shall
have no force and effect, whenever there is no outstanding balance under the Second Note.
14. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or
remedy shall not be a waiver of or preclude the exercise of any right or remedy.
15. Successors and Assigns Bound; Joint and Several Liability. Borrower may not assign any
rights or obligations under this Security Instrument or the Second Note, except to a trust that meets the
requirements of the Secretary. Borrower's covenants and agreements shall be joint and several.
16. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address all Borrowers jointly designate. Any
notice to the Secretary shall be given by first class mail to the HUD Field Office with jurisdiction over the
Property or any other address designated by the Secretary. Any notice provided for in this Security
Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this
Paragraph 16.
17. Governing Law; Severability. This Security Instrument shall be governed by Federal law and
the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this
Security Instrument or the Second Note conflicts with applicable law, such conflict shall not affect other
provisions of this Security Instrument or the Second Note which can be given effect without the conflicting
provision. To this end the provisions of this Security Instrument and the Second Note are declared to be
severable.
18. Borrower's Copy. Borrower shall be given one conformed copy of the Second Note and this
Security Instrument.
NON UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
19. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents
and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and
revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents.
However. prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the
Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for
the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an
assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument;
(b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the
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Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the
tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender from exercising its rights under this Paragraph 19, except as provided in the First
Security Instrument.
Lender shall not be required to enter upon, take control of or maintain the Property before or after
giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any
time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of rents of the Property shall temrinate when the debt secured by
this Security Instrument is paid in full.
20. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9,
Lender at its option may require immediate payment in full of all sums secured by this Security
Instrument without further demand and may invoke the power of sale and any other remedies
permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this Paragraph 20, 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 sale to Borrower in the manner provided in Paragraph 16. 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.
21. Lien Priority. The full amount secured by this Security Instrument shall have a lien priority
subordinate only to the full amount secured by the First Security Instrument.
22. Adjustable Rate Feature. Under the Second Note, the initial interest rate of 2.733 which
accrues on the unpaid principal balance "Initial Interest Rate is subject to the change, as described
below. When the interest rate changes, the new adjusted interest rate will be applied to the total outstanding
principal balance. Each adjustment to the interest rate will be based upon the average of interbank offered
rates for one -month U.S. dollar- denominated deposits in the London market "LIBOR as published in
The Wall Street Journal, rounded to three digits to the right of the decimal point, "Index plus a margin. If
the Index is no longer available, Lender will use as a new Index any index prescribed by the Secretary. Lender
will give Borrower notice of the new Index.
Lender will perform the calculations described below to determine the new adjusted interest rate. The
interest rate may change on the first day of 04/2010 and on n that day of each
succeeding year I the the first day of each succeeding month "Change Date until the loan is repaid in full.
The "Current Index" means the most recent Index figure available 30 days before the Change Date, and
if the day that is 30 days before the Change Date is not a Sunday or Monday and not the first business day
of the week, the Current Index will be the Index as published the first business day of that week. If the day
that is 30 days before the Change Date is a Sunday or Monday and not the first business day of the week,
the Current Index will be the Index as published the first business day of the immediately prior week.
Before each Change Date, the new interest rate will be calculated by adding a margin to the Cun ellt Index.
The sum of the margin plus the Current Index will be called the "Calculated Interest Rate" for each Change
Date. The Calculated Interest Rate will be compared to the interest rate in effect immediately prior to the
current Change Date (the "Existing Interest Rate
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(Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than
2.0% higher or lower than the Existing Interest Rate, nor can it be more than 5.0% higher or lower than the
Initial Interest Rate.
(Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never increase
above TWELVE AND 733/1000 percent 12.733
The Calculated Interest Rate will be adjusted if necessary to comply with these rate I imitation(s) and will
be in effect until the next Change Date. At any Change Date, if the Calculated Interest Rate equals the Existing
Interest Rate, the interest rate will not change.
23. Release. Upon payment of all sums secured by this Security Instrument, 1 shall release
this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and
the charging of the fee is permitted under applicable law.
24. Waivers. Borrower waives all right of homestead exemption in the Property and relinquishes
all rights of courtesy and dower in the Property.
25. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms
of the Loan Agreement, including Loan Advances of principal to Borrower as well as Loan Advances for
interest, MIP, Servicing Fees, and other charges, shall be obligatory.
26. Riders to this Security Instrument. If one or more riders are executed by Borrower and
recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into
and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)
were a part of this Security Instrument. [Check applicable box(es).j
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0117184416
n Condominium Rider 1 1 Planned Unit Development Rider
Fl Other (Specify)
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BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument
and in any rider(s) executed by Borrower and recorded with it.
O.d 1 '�s-'r (Seal)
DELL MAY PENN Borrower
[Space Below This Line for Acknowledgments]
STATE OF eel- 4RApp 4
Li Cb ss.
COUNTY OF
�I
The foregoing instrument was acknowledged before me this 1 day of -J 13
20 j by
DELL MAY PENN
Witness my hand and official seal-
Title of Officer
Date My Commission Expires
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MEGAN R. O'ROURKE
Wyoming
Notary Public. County of Lincoln
My Commission Expires
August 04, 2012
Colorado HECM Security Instrument
Parcel ID: 12- 3219- 25 -4 -02- 115.00
Exhibit A
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Lincoln, STATE
OF Wyoming, AND IS DESCRIBED AS FOLLOWS:
LOT NINE A (9A) AND TEN A (10A) OF THE LINCOLN ADDITION TO THE TOWN OF AFTON,
LINCOLN COUNTY, WYOMING.
Commonly known as 320 Lincoln Street, Afton, WY 83110
However, by showing this address no additional coverage is provided
0061.62