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HomeMy WebLinkAbout958287WHEN RECORDED, MAIL TO: BANK OF IDAHO 399 N CAPITAL AVENUE IDAHO FALLS, IDAHO 83402 This instrument was prepared by: BANK OF IDAHO 399 N CAPITAL AVENUE IDAHO FALLS, IDAHO 83402 208- 524 -5580 Loan Number: 111006 77 (Space Above This Line For Recording Data) 1ryry IDS, Inc. MORTGAGE WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Page 1 of 11 Hickvim, V Company SINCE 1904 Borrower(s) Initials MIN: 100223100001110060 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated February 25; 2011, together with all Riders to this document. (B) Borrower" is Timothy Gerrard Hale, An Unmarried Man. 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 anomi nee for Lender and Lender's successors and assigns. M ERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and tel ephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679 -M ERS. (D) Lender" is BANK OF I DAH O. Lender is AN I DA O CORPORATION, organized and existing under the laws of I DAH O. Lender's address is 399 N CAPITAL AVENUE, IDAHO FALLS, IDAHO 83402. (E) Note" means the promissory note signed by Borrower and dated February 25, 2011. The Note states that Borrower owes Lender ONE HUNDRED FOUR THOUSAND AND NO /100 Doi Iars(U.S. $104,000.00) pl us i nterest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than M arch 1, 2026. (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, pl us i nterest, any prepayment charges and I ate charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) Riders" means alI Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as appl i cabl e): Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Ride Pl anned Unit Development Ride VA Rider 1 -4 Family Ride Biweekly Payment Rider Other (Specify) (1) Applicable Law" means al Icontrollingapplicaolefedere ,stateandlocalstatutes, regulations, ordinaicesandadministrativeru lesand orders (that have the effect of law) as well as all applicable final, non appealable judicial opinions. Form 3051 1/01 RECEIVED 2/28 /2011 at 4:21 PM RECEIVING 958287 BOOK: 763 PAGE: 156 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0:;4 5 7 (J) 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 association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which isinitiacedthrough an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fi nand al institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machi ne transacti ons, transfers initiated by telephone, wiretransfers, and automated ciearinghousetransfers. (L) "Escrow Items" means those items that are described in Section 3. (M) M iscellaneous Proceeds' means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages descri bed in Section 5) for: (i) damageto, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; i i i conveyance in l i e u of condemnation; or (iv) mi srepresentati ons of, or omi ssi ons as to, the value and/or condition of the Property. (N) M ortgage I nsurance' means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) Periodic Payment" means the regularly scheduled mount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) RESPA" meansthe Real EstateSettlement ProceduresAct (12 U.S.C. 2601 et and its implementi ng regul ation, Regulation X (24 C.F.R. Part 3500), as they might be amended from ti me to time, or any additional or successor legislation or regulation that governs the sane subject matter. As used in this Security Instrument, RESPA" refersto all requirements and restri cti onsthat are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify asa "federally related mortgage loan" under RESPA. (Q) Successor in I nterest 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 Thi s Security I nstrument secures to Lender: (i) the repayment of the Loan, and al I renewal s, extensi ons and modi fi cati ons of the Note; and (ii) the performance of Borrower' s covenants and agreements under this Security I nstrument and the Note. For this purpo Borrower does hereby mortgage, grant and convey to M ERS (solely as nomi neefor Lender and Lender' s successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of Lincoln: SEE ATTACHED EXHIBIT "A' Parcel I D Number: 3218- 30 -2 -07- 084.00 3218- 30 -2 -07- 080.00 which currently has the address of: 309 Second Ave Afton, WYOMING 83110 "Property Address TOGETHER WITH al I the improvements now or hereafter erected on the property, and al 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 i s referred to in this Security I nstrument as the Property." Borrower understands and agrees that M ERS hol ds onl y legal ti ti e to the interests grafted by Borrower in this Security Instrument, but, if necessal to comply with law or custom, M ERS (as nomi nee for Lender and Lender' s successors and assi gns) has the right: to exercise my or all of those i nterests, i ncl udi ng, but not I i mited to, the right to foreclose and sel I the Property; and to take any action requi red of L ender i nd udi ng, but not I i mi teal to, releasing and canceling thi s Security Instrument. BORROWER COV ENA NTS that Borrower is lawfully sei zed of the estate hereby conveyed and hasthe right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and w i l l defend generally the title to the Property against ail dams 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 j uri sdi cti on to constitute a uniform security instrument covering real property. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Form 3051 1/01 Page 2 of 11 IDS, Inc. Borrower(s) Initials MASS UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shalI pay when duethe 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 this Security I nstrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned 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 foll owi ng 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 l ocati on designated in the N ote 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 the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prej udi ce to its rights to refuse such payment or parti payments in the future, but L ender i s not obl i gated to apply such payments at the ti me such payments are accepted. I f each Periodic P a y m e n t i s appl i al as of its scheduled due date, then Lender need not pay interest on unappl i ed funds. L ender may hold such unappl i ed funds unti I Borrower makes payment to bring the Loan current. I f Borrower does not do so within a reasonable period of time, Lender shat I either apply such funds or return them to Borrower. If not applied earlier, such funds wi I I be appl i ed to the outstandi ng principal balance under the Note i mmedi atel y prior to foreclosure. No offset or claim which Borrower might have now or in thef uture aga nst Lender shat I rel i eve Borrower from making payments due under the N ote and this Security I nstrument or performi ng the covenants and agreements secured by this Securi ty I nstrument. 2. Application of Payments or Proceeds, Except asotherwisedescribed in this Sect ion 2, d payments accepted and applied by L ender shall be appl i ed in thefol l owi ng order of priority: (a) interest due under the Note; (b) pri nci pal 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 remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. I f Lender receives a payment from Borrower for a delinquent Periodic Payment which i nd udes a suffi d ent arnount to pay any late charge due, the payment m a y be applied to the delinquent payment and the I ate charge. I f more than one Periodic Payment is outstandi ng, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment cal be pai d in full. To the extent that any excess exi sts after the payment is appl i ed to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. V of unta prepayments shat I be applied first to any prepayment charges and then as described in the Note. Any application of payments, i nsurance proceeds, or M i scel I aneous Proceeds to pri nci pal due under the Note shat I not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fu nds f or Escrow I terns. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a l i e n or encumbrance on the Property; (b) I easehol d payments or ground rents on the Property, if any; (c) premi umsfor any and all i nsurance required by Lender under Section 5; and (d) M ortgage I nsura ice premi ums, if any, or any sums payable by Borrower to Lender in l i e u of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Assodation Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shalI bean 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 I terns unless Lender waives Borrower' s obligation to pay the Funds for any or all Escrow I terns. Lender may waive Borrower' s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waver may only be in writing. I n the event of such waiver, Borrower shat I pay directly, when and where payable, the amounts due for any Escrow I terns for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such ti me peri od 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 I nstrument, as the phrase" covenant and agreement" is used in Section 9. If Borrower i s obi igated to pay Escrow Items directly, pursuant to a waiver, and Borrower falsto 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. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Page 3 of 11 IDS, Inc. Borrower(s) Initials Form 3051 1/01 IDS, Inc. Borrower(s) Initial 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 such 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 RESPA, and (b) not to exceed the maxi mum amount a lender can requi re under RESPA. Lender she! esti mate the amount of Funds due on the bast s of current data and reasonabl e esti mates of expenditures of future Escrow I tems or otherwi se i n accordance wi th Applicable Law. The Funds shall be held in an institution whose deposits are insured by afederel agency, instrumentality, or entity (induding L ender, if Lender i s an institution whose deposits are so i nsured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annual Iy analyzing the escrow account, or verifyi ng the Escrow I terns, unless Lender pays Borrower i nterest on the Funds and Appl i cabl e Law permits Lender to make such a charge. Unless an agreement is made i n writing or Applicable Law requires interest to be pat d on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there i s a shortage of Funds held in escrow, as defined under RESPA, Lender shat I notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, 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 necessary to make up the defi ci ency in accordance wi th RESPA, but in no more than 12 monthly payments. Upon payment in full of al I aims secured by thi s Securi ty Instrument, Lender she] promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attri butabl e to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Assocation Dues, Fees, and Assessments, if any. To the extent that these i terns are Escrow Items, Borrower shat I pay them in the manner provided in Section 3. Borrower shall promptly discharge any I i en which has pri on ty over this Securi ty Instrument unless Borrower: (a) agrees i n writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the I i en in good faith by, or defends agal nst enforcement of the I i en in, legal proceedi ngs whi ch in Lender' s opi ni on operate to prevent the enforcement o f the l i e n whi I e those proceedi ngs are pending, but only until such proceedi ngs are cond uded; 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 pat of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the I i en. Within 10 days of the date on which that notice is given, Borrower shal I satisfy the I i en or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -ti me charge for areal estate tax verification and/or reporting se vi ce used by L ender in connection with this Loan. 5. Property I nsurance. Borrower shell keep the improvements now existing or hereafter erected on the Property insured agar nst loss by fire, hazards i nd uded within the term extended coverage," and any other hazards induding, but not I i mi ted to, earthquakes and floods, for which L ender requires 1narance This insurance shall bemaintalnedin the amounts includingdeductible levels) aid 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 i nsurance shall be chosen by Borrower subject to Lender' s right to disapprove Borrower' s choice, which right shat I not be exercised unreasonably. L ender may require Borrower to pay, in connection with this L oat, either: (a) a one -ti me charge for flood zone determi nation, certification and tracking services; or (b) a one -time charge for flood zone determi nation and certification services and subsequent charges each time remappings or similar charges occur which reasonably might affect such determination or certification. Borrower shall also be responsi bl e for the payment of any fees imposed by the Federal Emergency Management Agency in connection with thereviery of any flood zone determination resulting from an objection by Borrower. I f Borrower fat l s to mad ntai n any of the coverages descri bed above, Lender may obtain insurance coverage, at Lender' s opti on and Borrower' s expense. Lender is under no obligation to purchase any pa cul a type or amount of coverage. Therefore, such coverage shal 1 cover Lender, but might or might not protect Borrower, Borrower' s equity i n the Property, or the contents of the Property, age nst any risk, WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Form 3051 1/01 Page 4 of 11 WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Page 5 of 11 IDS, Inc. Borrower(s) Initial Q0AGO hazard or l i a b i l i t y and might provide greater or lesser coverage than was previously i n effect. Borrower acknowl edges that the cost of the insurance coverage so obtained might significantly exceed the cost of i nsurance that Borrower could have obtained. Any amounts di sbursed by Lender under this Section 5 she l 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 such interest, upon notice from Lender to Borrower requesting payment. All insurance 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 name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the pol i d es and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of pad premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise requi red by Lender, for damage to, or destruction of, the Property, such policy shall indude a standard mortgage clause aid alien name Lender as mortgagee and /or as an additional loss payee. In the event of loss, Borrower shall give prompt noticeto the insurance cad eraid Lender. Lender may make proof of I oss 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 feasi bl a aid Lender' s securi ty is not lessened. During such repair aid restoration period, Lender shall have the ri ght to hold such insurance proceeds until Lender has had ai opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shal I be undertaken promptly. Lender may disburse proceeds f or the repel rs 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 L aw requires interest to be pad on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be pad out of the i nsurance 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 i nsurance proceeds she' I be appl i ed to the sums secured by this Security I nstrument, whether or not then due, with the excess, if any, pa d to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any ava I abl e insurance claim and related matters If Borrower does not respond within 30 days to a notice from Lender that the i nsurance carrier has offered to settl e a cla then Lender may negotiate and settle the clam. The 30 -day period w i l l begin when the notice is given. In either event, or if Lender acqui res the Property under Section 22 or otherwise, Borrower hereby assi gns to Lender (a) Borrower's rights to any insurance proceeds in ai 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 premi ums pal d by Borrower) under al I i nsuraice pol i d es coven ng the Property, i nsof a as such ri ghts are appl i cabl eto the coverage of the Property. Lender may use the insurance proceeds either to repel r or restore the Property or to pay anounts unpa d under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shad I occupy, establish, and use the Property as Borrower' s prind pal resi deuce wi thi n 60 days after the execution of this Security Instrument and shat I continue to occupy the Property as Borrower' s pri nd pal resi deuce f or at least one year after the date of occupancy, unless L ender otherwi se agrees i n w ri ti ng, which consent shall not be unreasonably withheld, or unl ess extenuating d rcumstances exist whi ch are beyond Borrower's control 7. Preservation, M ai nten an ce and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, ad low the Property to deteri orate or commit waste on the Property. Whether or not Borrower is red di ng 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 repar 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 pad in connection with damage to, or the tali ng of, the Property, Borrower shall be respond bl e for repairing or restoring the Property only if Lender has released proceeds for such purposes. L ender may di sburse proceeds for the repel rs and restoration i n a si ngl a payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not suffident to repair or restore the Property, Borrower is not relieved of Borrower' s obl i gati on for the completi on of such repel r or restorati on. 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 L oan Application. Borrower shall be i n 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 Form 3051 1/01 WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Page 6 of 11 IDS, Inc. Borrower(s) Initial C O 161 information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations i nd ude, but are not limited to, representations concerning Borrower' s occupancy of the Property as Borrower' s pri nci pal residence. 9. Protection of L ender' sI nterest in the Property and Rights Under this Security Instrument. If (a) Borrower failsto perform the covenants and agreements contai nerd in this Security I nstrument, (b) the i s a legal proceeding that might significantly affect Lender' s interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for 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 abandonedtheProperty, thenLender maydoandpayforwhateverisreasonableorappropriatetoprotectLender 'sinterest in the Property and rights under this Security I nstrument, i nd udi ng protecting and/or assessing the value of the Property, and securing and/or repai ring the Property. Lender' s acti ons can i nd ude, but are not I i mited to: (a) paying any aims secured by a I i en whi ch has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonabl e attorneys' fees to protect its interest in the Property and/or rights under thi s Security I nstrument, i nd udi ng i is secured pose ti on i n a bankruptcy proceedi ng. Securi ng the Property i nd udes, but i s 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 viol ati ons or dangerous conditions, and have u t i l i t i e s turned on or off. Although Lender may take action under thi s Section 9, Lender does not have to do so and is not under any duty or obligation to do so. I t is agreed that Lender incurs no I i abi I i ty for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shat I bear interest at the Note rate from the date of disbursement and shall be payabl e, with such interest, upon notice from Lender to Borrower requesting payment. I f this Security I nstrument is on a I easehol d, Borrower shat I comply with all the provisions of the lease If Borrower acqui res fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. M ortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the M ortgage I nsurance in effect. I f, for any reason, the M ortgage 1 nsurance cove requi red by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantial ly 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 avai I abl e, Borrower shall conti nue to pay to Lender the mount of the separately des gnated payments that were due when the i nsuraice coverage ceased to be i n effect. Lender w i l l accept, use and reta n these payments as a non- refundabl e I oss reserve in l i e u of M ortgage I nsurance. 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 I nsurance coverage (i n the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes avai l abl e, i s obtal ned, and Lender requi res separate) y designated payments toward the premi ums for M ortgage I nsurance. I f Lender required Mortgage I nsurance as a conditi on of making the Loan and Borrower was requi red to make separatd y designated payments toward the premi ums for Mortgage Insurance, Borrower shall pay the preni ums required to mai ntai n Mortgage I nsurance in effect, or to provide a non refundable loss reserve, until Lender' s requi rement for Mortgage I nsurance ends i n accordance wi th any written agreement between Borrower and Lender providing for such termination or until termination i s requi red by A ppl i cable Laay. Nothing in thi s Secti on 10 affects Borrower' s obligation to pay interest at the rate provided in the Note. M ortgage I nsuraice 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 M ortgage I nsurance. M ortgage insurers evaluate the r total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify the r risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage i nsurer and the other party (or parties) to these agreements. These agreements may requi re the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). Asa result of these agreements, L ender, any purchaser of the Note, another i nsurer, any red nsurer, any other entity, or any affiliate of any of the f oregoi ng, may receive (di rectl y or indirectly) amounts that deri ve from (or Might be characterized as) a portion of Borrower' s payments for M ortgage I nsurance, i n exchange for ahari ng or mode fyi ng the mortgage i nsurer' s ri sk, or redud ng I osses. I f such agreement Form 3051 1/01 OOC IC2 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 agreenentswiII not affect theamountsthat Borrower has agreed to pay for M ortgage I nsurance, 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 M ortgage I nsurance 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 I nsurance. TohavetheMortgagel nsuranceterminated automatically, and/or to receive refund of any Mortgagelnsurance premiums that were unearned at the time of such cancel lation or termination. 11. Assignment of M i scei l an eou s Proceeds; Forfeiture. All M i acct I aneous Proceeds are hereby assi g ned to and shall be pan d to Lender. I f the Property i s damaged, such M i scel I aneous Proceeds shat I be appl i ed to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's securi ty is not lessened. During such repair and restoration period, Lender shad! 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 shell be undertaken promptly. Lender may pay for the repairs and restorati on i n a si ngl a disbursement or i n a seri es of progress payments asthe work i s comp) eted. Unless an agreement i s made in writing or Applicable L aw requ i res i nterest to be paid on such M i scel I aneous Proceeds, Lender shat I not be requi red to pay Borrower any interest or earnings on such Miscellaneous Proceeds. I f the restorati on or repair i s not economi cal I y feasi blear Lender's securi ty would be lessened, the M i scel I aneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shat I be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in val ue of the Property, theM i scd l aneous Proceeds shal I be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, pad 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 parti al taking, destruction, or I oss i n val ue i s equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or I oss in value, unless Borrower and Lender otherwise agree i n writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fracti on: (a) the total amount of the sums secured immediatel y before the partial taking, destruction, or loss in value divided by (b) the fai r market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be 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 i mmedi ately before the partial taking, destruction, or I oss i n v al ue is I ess than the amount of the sums secured immediately before the parti al taking, destruction, or loss 1 n value, unl ess Borrower and Lender otherwise 2gree i n writing, the M i scel I aneous Proceeds shat I be appl i ed to the sums secured by this Security Instrument whether or not the sums are then due. I f the Property i s abandoned by Borrower, or if, after noti ce by Lender to Borrower that the Opposi ng Party (as defi nerd in the next sentence) offers to make an award to sett/ e a clam for damages, Borrower fai I s to respond to Lender within 30 days after the date the notice i s gi ven, Lender i s authori zed to collect and apply the Miscellaneous Proceeds 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 thi rd party that owes Borrower M i scel I aieous Proceeds or the paty against whom Borrower has a right of action in regard to M iscel I aneous Proceeds. Borrower shat I be i n default if any action or proceeding, whether civil or criminal, i s begun that, in Lender' sj udgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, rel nstate as provided in Section 19, by causing the acti on 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 thi s Security Instrument. The proceeds of any award or claim for damages that are attri butabl eto the impairment of Lender's interest in the Property are hereby assigned and shel I be paid to Lender. All M i scel I aneous Proceeds that are not appl i ed to restoration or repair of the Property shat I be applied in the order provided for in Section 2. 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 thi s Security Instrument grafted 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 commerce proceedi ngs agar nst any Successor in Interest of Borrower or to ref use to extend ti me f or payment or otherwi se modify amortization of the WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Page 7 of 11 IDS, Inc. Borrower(s) Initials Form 3051 1/01 0001.63 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 i nd udi ng, without limitation, Lender' s acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts I ess than the amount then due, shall not be a waiver of or preclude the exercise of my right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obl i gati ons and l i a b i l i t y shall bej of nt and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a" co-signer"): (a) i s co-signi ng this Security I nstrument only to mortgage, grant and convey the co- signer' s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of thi s Securi ty I nstrument or the Note wi thout the co-si gner' s consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument i n writing, and i s approved by Lender, shal I obtain al I of Borrower' s ri ghts and benefits under thi s Security Instrument. Borrower shat I not be re eased from Borrower' s obligations and I i abi I ity under this Securi ty I nstrument unl ess L eider 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 Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security I nstrument to charge aspecific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. I f the Loan i s subj act to a lag which sets maxi mum loan charges, and that law is f i nal I y interpreted so that the i nterest or other loan charges col I acted or to be col 1 ected in connection with the Loan exceed the permitted I i mits, then: (a) any such 1 oan charge shal 1 be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted I i mitswi I I be refunded to Borrower. Lender may choose to make thi s refund by redud rig the pri nci pal 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 awaiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All noti ces gi ven by Borrower or Lender in connection with this Security I nstrument must be i n writing. Any noti ce to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first d ass man I or when actually delivered to Borrower's notice address if sent by other means. Notice to any one 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. I f Lender specifies a procedure for repot ng Borrower' s change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one desi gnated notice address under thi s Securi ty Instrument at any onetime. Any notice to Lender shall be given by delivering it or by mailing it by first classmal to Lender's address stated herein unless Lender has designated another address by noti ce to Borrower. Any notice 1 connection with this Security Instrument shall not be dee to have been given to Lender until actual I y received by Lender. I f any noti ce requi red by this Security 1 nstrument 'salsa required under Applicable L aw, the A ppl i cabl e Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. G over n i ng Law; Severabi l ity; Rul es of Construction. Thi s Securi ty Instrument shall begoverned by federal law and the l aw of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and I i mitati ons of Applicable Law. Applicable L might explicitly or implicitly allow the parti es to agree by contract or it might be silent, but such silence she' not be construed as a prohibition agai nst agreement by contract. In the event that any provision or cl ause of this Security I nstrument or the Note conf I i cts with A ppl i cabl e Law, such confl i ct she I not affect other provi si ons of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and i nd ude corresponding neuter words or words of the fermi ni ne gender; (b) words i n the si ngul a shat I mean and i nd ude the pl ural and vi ce versa; and (c) the word may" gives sol e discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shdl be given one copy of the Note and of this Security Instrument. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Oorm 3051 1/01 Page 8 of 11 IDS, Inc. Borrower(s) Initials ©O 18. Transfer of the Property or a Beneficial Interest in Bor rower. As used in this Section 18," I nterest in the Property" means any legal or benef i ci al interest in the Property, including, but not limited to, those benef i d al i nterests transf erred 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. I f al or any part of the Property or any Interest in the Property i s sol d or transferred (or if Borrower is not a natural person and a benef i ci al i nterest i n Borrower is sold or transferred) without Lender' s pri or wri tten consent, Lender may requi re i mmedi ate payment i n f ul 1 of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by ApplicableLaw. If Lend ex option, Lender shalI give Borrower notice of acceleration. The notice shall provi de a period of not less tha i 30 days from the date the notice i s gi ven in accordance wi th Section 15 within which Borrower must pay all sums secured by this Security Instrument. I f Borrower fails to pay the sums prior to the expiration of this period, Lender may invoke any remedies permitted by thi s Security Instrument without further notice or demand on Borrower. 19. Borrower' s Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall havethe right to have enforcement of this Security Instrument 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 this Security Instrument; (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 this Security I nstrument. Those conditions are that Borrower: (a) pays Lender all sums whi ch then would be due under this Security I nstrument and the N ote 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 I nstrument, including, but not limited to, reasonabl e attorneys' fees, property inspection and val uati on 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 this Security Instrument, and Borrower' s obl i gati on to pay the sums secured by this Security I nstrument, shall conti nue unchanged. Lender may requi re that Borrower pay such reinstatement sums and expenses i n one or more of the fol lowing forms, asselected 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 a insured by afederal ajency, instrumentality or entity; or (d) Electronic Funds Transf err. Upon reinstatement by Borrower, this Security Instrument and obl igati ons 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 L oan Servicer; Notice of Grievance. The Note orapartial interest in the Note (together with this Security Instrument) can be sol d one or more ti mes wi thout prior notice to Borrower. A semi ght result in a change in the entity (known as the" Loan Servicer") that col I ects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servi ci ng obligati ons under the Note, thi s Security Instrument, and Appl i cable Law. There al so might be one or more changes of the Loan Servicer unrelated to a sal a of the Note. I f there i s a change of the Loan Servicer, Borrower w i l l begiven written noti ce of the changewhi ch wi 11 state the name and address of the new Loan Servicer, the address to which payments shou l d be made and any other information RESPA requires i n connection with a noti ce of transfer of servicing. I f the Note is sol d and thereafter the Loan is servi ced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obl i gati ons to Borrower w i l l remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unl ess otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as ether an individual litigant or the member of a class) that arises from the other party' s actions pursuant to this Security Instrument or that al I eges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such noti ce gi vet in comp) i aice wi th the requi remelts of Section 15) of such al i aged breach aid afforded the other party hereto a reasonabl e period after the gi v i ng of such notice to take corrective acti on. I f Applicable Law provides a ti me peri od which must el apse before certain 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 gi van to Borrower pursuant to Section 22 and the noti ceof accel eration 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 L aw and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, vol ati l e sol vents, mated as cont ni ng asbestos or formal dehyde, aid radioactive materials; (b) Environmental Law" means federd I aws aid laws of thejurisdicti on where the Property is located that rel ate to health, safety or envi ronmental protecti on; (c) Envi ronmental CI eanup" i nd udes any response acti on, remedial action, or removal acti on, as defi nest i n WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Form 3051 1/01 Page 9 of 11 IDS, Inc. Borrower(s) Initials WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Form 3051 1/01 Page 10 of 11 Borrower(s) InitialsI /N Environmental Law; aid (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to rel ease any H azadous Substances, on or in the Property. Borrower shall not do, nor allow anyone el to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which createsan Environmental Condition, or (c) which, due to the presence, use, or rd ease of a Hazardous Substance, creates a condi ti on that adversely affects the vel ue of the Property. The precedi ng two sentences shat I not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropri ate to normal residential uses and to man ntenance of the Property (induding, but not limited to, hazardous substances i n consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, clam, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Haza Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any s p i l l i n g leaking, discharge, rd ease or threat of rd ease of any HazadousSubstaice, and (c) any condition caused by the presence, use or rd ease of a Hazardous Substancewhich adversely affects the vat ue of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private paty, that any removal or other remedi ati on of any HazadousSUbstanceaffecting 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 Environmental Cleanup. NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fol lows: 22. Acceleration; Remedies. Lender shall givenoticeto Borrower prior to acceleration following Borrower'sbreach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unlessApplicableLaw provides otherwise). Thenoticeshall specify: (a) the default; (b) theaction required to cure the default; (c) adate, not lessthan 30 daysfrom thedatethenoticeisgiven to Borrower, by which the default must be cured; and (d) that failure tocurethedefault on or beforethe date specified in thenotice may result in acceleration of the sumssecured by thisSecurity I nstrument 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- existenceof a default or any other defense of Borrower to acceleration and sale. I f the default isnot cured on or beforethe date specified in thenotice, Lender at itsoption may require immediatepayment in full of all sumssecured by thisSecurity I nstrument without further demand and may invokethepower of saleand any other remedies permitted byApplicableLaw. Lander 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 titl e 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 accordancewith Applicable Law. Lender shall give notice of thesaleto Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall besold 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, induding, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing thisSecurity Instrument, but only if thefeeis pad to a third paty for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases aid waves all rights under and by virtue of the homestead exemption laws of Wyoming. IDS, Inc. 000165 BY SI GN I NG BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: IDS, Inc. imothy Ger and Hale State of WYOMING County of Lb\ This instrument was acknowledged before me on QC..• v O.i A Z:S ZZ (Seel if any) MELISSA CAPENER NOTARY PUBLIC County of Teton State of Wyoming My Commission Expires May 19, 2012 WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT with MERS Page 11 of 11 000166 by Timothy Gerrard Hale. (Seel) Borrower 0 sc CO, (Signature of notarial office X1 1 2/•-- 1- Title (and Rank) My commission expires: S It 4 Form 3051 1/01 And EXHIBIT "A" Parcels 1 and 2 being more correctly described as: 00(4.67 Parcel 1: Beginning at the Southwest corner of Lot Three (3) of Block Two (2) in the Town of Afton, Lincoln County, Wyoming and running thence North 82.5 feet; thence East 77.5 feet; thence South 82.5 feet; thence West 77.5 feet to the place of beginning. Parcel 2: That part of Lot 3, Block 2 in the Townsite of Afton, Lincoln County, Wyoming, Beginning 77.5 feet East of the Southwest corner of the aforesaid Lot and Block and running thence East 7.5 feet; thence North 82.5 feet; thence West 7.5 feet; thence South 82.5 feet to the point of beginning. That part of Lot 3, Block 2 of the Original Townsite of Afton within Section 30, Township 32 North, Range 118 West, Lincoln County, Wyoming being part of that tract of record in the Office of the Clerk of Lincoln County in Book 142 of Photostatic Records on Page 29 and all of that tract of record in the said Office in Book 160 of Photostatic Records on Page 209, described as follows: BEGINNING at the Southwest corner of said Block 2 identical with the Southwest corner of said Tract of record in Book 1;6.0; thence North 01°45'56" East, the base bearing for this survey, 82.50 feet along the West line of said Block 2 identical with the West line of said tract of record in. Book 160 to the Northwest corner of said tract of record in Book 160 identical with the Southwest corner of that tract of record in the said Office in Book 183 of Photostatic Records on Page 759,thence South 88°14'04" East, 84,61 feet along a line common, in part, to said tracts of record in Book 160 and 183 to a point on an existing North -south fence; thence South 02 °15.1' West, 82.50 feet to an intersection point on the South line of said Block 2; thence North 88 °14'04" West, 83.91 feet along the South line of said Block 2 common to the South line of said tract of record in Book 160, in part to the corner of beginning; each "point" and "corner" marked by a steel T- shaped stake 24" long with metal cap inscribed "Paul L. Scherbel RLS 164 Survey Point all in accordance with the plat prepared and to be filed in said Office titled "Plat of Block 2 Lots 2 3 Original Townsite of Afton within Section 30 T32N R118W Lincoln County, Wyoming" dated 6 July 1982 and revised 4 October 1982.