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HomeMy WebLinkAbout969096After Recording Return To: UNIVERSAL AMERICAN MORTGAGE COMPANY, LLC 15550 LIGHTWAVE DRIVE, SUITE 200 CLEARWATER, FLORIDA 33760 Loan Number: 0005164231 MIN: 100059600051642317 MERS Phone: 888- 679 -6377 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 arc also provided in Section 16. (A) "Security Instrument" means this document, which is dated JANUARY 16', 2 013 together with all Riders to this document. (8) "Borrower" is GARY L LINHARES AND ARLENE E LINHARES, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 4850.1 -2026, tel. (888) 679 -MERS. (D) "Lender" is UNIVERSAL AMERICAN MORTGAGE COMPANY, LLC Lender is a FLORIDA LIMITED LIABILITY COMPANY organized and existing under the laws of FLORIDA Lender's address is 700 NW 107TH AVENUE 3RD FLOOR, MIAMI, FLORIDA 33172_ -3139 [Space Above This Line For Recording Data] M ORTGAGE (E) "Note" means the promissory note signed by Borrower and dated JANUARY 16 2 013 The Note states that Borrower owes Lender THREE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY AND 0 0 j 10 0 Dollars (U.S. 318 7 5 0 0 0 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 1, 2043 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT MERS Fong 3051 1/01 Page 1 of 14 00015 RECEIVED 1/18/2013 at 4:19 PM RECEIVING 969096 BOOK: 803 PAGE: 15 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY !)ocMegFc et www. docmagic. cope (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment changes and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (11) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check. box as applicable]: Adjustable Rate Rider C] Balloon Rider [1 1 -4 Family Rider Condominium Rider [1 Planned Unit Development Rifler 0 Biweekly Payment Rider M Second Home Rider Other(s) [specify] (I) "Applicable 'Law" means all controlling applicable federal, state and local. statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opini ons. (J) "Community Association Dues, Dees, 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 is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as 10 order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and /or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal. and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to tine, or any additional or successor 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. (Q) "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. WYOMING--SingIe Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT MERS Form 3051 1/01 Page 2 of 14 DacMag /c erldorrira www, docrnagic. con 00® (l 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 Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the COUNTY of LINCOLN (Type of Rceordinc Jurisdiction] [Name of Recording, Jurisdiction] LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. A.P.N.: 12 12 -4 -00- 078.00 which currently has the address of 400 COUNTY ROAD 128 [Street] THAYNE Wyoming 83127 "Property Address" [City] [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 he covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not ]ignited to, releasing and canceling this Security Instrument, BORROWER COVENANTS that 'Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines unilbrm covenants for national use and non- uniform covenants with tinnier' variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall. pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. however, if any cheek 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 following forms, as selected by Lender: (a) cash; (b) money order; (c) certified chock, 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. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT MERS Form 3051 1/01 Page 3 of 14 DocMayIc �i www.doemagic.com 00017 Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by :Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if' the payment or partial payments are insufficient to bring 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 accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied hinds until Borrower makes payment to bring the Loan current. 1f Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against. Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the Billowing order of priority: (a) interest due under the Note; (b) principal due under the Note; (e) 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, If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of'one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay 10 Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds to provide fi:rr payment of amounts clue for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance 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 accordance with the provisions of Section 10. These items are called "Escrow Items." At originati or at any time during the term of the Loan, Lender may require that Community ..Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items 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 such waiver may only be in writing. In the event of such waiver, 'Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security 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 such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender gray, 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 maximum amount a lender can require under RESPA. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT MERS Form 3051 1/01 Page 4 of 14 DocMaglc e,, 175i5S w ww. docmagic. corn 00018 WYOMING Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Form 3051 1/01 Page 5 of 14 00019 Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan. Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to snake such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on 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 o1' 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 is a shortage of Funds held in escrow, as def 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 RESPA., but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, ]:,ender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amotmt necessary to make up the deficiency in accordance with RESPA, 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. 4. Charges; Lens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument:, 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 mar 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 manner 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 proceedings 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 of the 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 -lime charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5, Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What. Lender requires pursuant to the preceding, sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove 'Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one -tame charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect 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 flood 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 I..,ender's option and Borrower's expense. '..ender is under no Obligation to purchase any particular type or amount of coverage. Therefore such coverage shall cover Lender, but might or might not protect Borrower, 'Borrower's equity in the Properly, or the contents of the Property, against any risk, hazard or liability and rnight provide greater DocMagic aiiay;a;a www.docmagic.com or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed 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 front 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 shrill name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, 'Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance procccds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such 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 shalt 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 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 shall be applied in the order provided for in Section 2, if Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. if Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will 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) I3orrowcr's rights to any insurance procccds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (h) any other oi'Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds tither 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, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupncy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, 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, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value clue to its condition. Unles 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 condemnation proceeds 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 insurance or condemnation proceeds are not. sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT MERS Fomn 3051 1/01 Page 6 of 14 DecMagtc 1sie www.docmagic. coin 0 0 0 2 Lender or its agent may make reasonable entries upon and inspections attic Property. I f it has reasonable cause, Lender may inspect thc 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. S. Borrower's Loan Application. Borrower shall be in default if during the Loan application process, Borrower or any persons or entities acting at the direction ofBorrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Properly as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that night 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 abandoned the Property, then Lender may do and pay for whatever is reasonable or' 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 secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may hake 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 incurs no Liability 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 shall hear interest at the Note rate from thc date of disbursement. and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security instrument is on a leasehold, Borrower shall compiy with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease, Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fix title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. 'Mortgage insurance. if Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the 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 such insurance and Borrower was required to make separately designated payments toward thc 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 substantialiy equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated. payments that were due when the insurance coverage ceased to be in effect, Lender will accept, use and retain these payments as a non refundable loss reserve in lieu of Mortgage insurance. Such loss reserve shall be n.on- refundable, notwithstanding the fact that the Loan is ultimately paid in fitii, and Lender shall not he 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 Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by :'Applicable Law. Nothing in this Section I0 affects Borrower's obligation to pay interest at the rate provided in the Notc. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT MERS Form 3051 1/01 Page 7 of 14 DocMa aorta'maes w ww. docrnagic. con 0 00 21 Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower clots not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses, These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using, any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, eements, L..ender, any purchaser of the Note, another insurer, any rcinsurcr, 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 exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of 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 a ,rcement:s will not increase the amount Borrower will owe for Mortgage lnsura.ncc, and they will not entitle Borrower to any refund. (1)) 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 receivca refund of any Mortgage Insurance premiums that were unearned at the time of Such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All (Miscellaneous Proceeds arc hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair as economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest: or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied t0 the sums secured by this Security .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, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security 'instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before: the partial taktner destruction, or loss in value divided by (b) the fair: market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In 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 icss than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sutras 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 WYOMING—Single, Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT NIERS Form 3051 1/01 Page 8 of 14 DocMagtc oA irrrta' www. docmagic. coin of 9 Lender within 30 days after the date the notice is given, Lender is authorized 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 third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security 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. "file 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 ID Lender. All Miscellaneous Proceeds that arc not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension oldie time for payment or modification of amortization of the stuns secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrcrwer shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any fbrbearancc by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts Icss than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co- signing this Security Instrument only to mortgaee, grant and convey the co- signer's interest in the Property tinder 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 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 obligations 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 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' m this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fcc. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law if the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted. limit; and (h) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether Or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security lnstr unnent must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to WYOMING Single Family Fannie:; Mae /Freddie Mac UNIFORM INSTRUMENT M (zS Form 3051 1 /01 Page 9 of 14 DocMa9!c eA 7:Fu'S w wiv. doom gie. cam 0 Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other mean`. 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 i.,ender of Borrower's change of address. If Lender specifics a procedure for reporiing Borrower's 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 any one toile, 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 10 Borrower. Any notice in connection with this Security Instrumeni shall not he 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 A.pplicablc Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing 3_,a'o'; 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 rig,hfs and obligations contained in this Security instr are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. in the event (.hat any provision or clause of this Security. Instrument or file Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security I nstrument or the Note which can be given (effect without the conflicting provision. As used in this Security instrument: (a) \vords 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 include the plural and vice versa; and (c) the word may gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer ansfcr 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 decd, 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 m 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 t.,ender if such cxcrcisc. is prohibited by Applicable Law. if Lender exercises this option, Lender shall give Borrower nonce of acceleration. The notice shall provide a period of not less than zO days from the date the notice is given in accordance with Section 15 within which l3orr wer must pay all sums secured by tlris Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the 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 enlbrcing dais 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 ai;reements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement stuns 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 cheek or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instr or entity; or (d) Electronic Funds Transfer Upon reinstatement by Borro\ver this Security Instrument and obligations WYOMING Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Form 3051 1/01 Page 10 of 14 DocMog!c et4ss. miss w ww. aocmcagic. cons 0002 secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall 1101 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) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer that. collects Periodic Payments due under the Note and this Security Instrument and perforrlls other mortgage load servicing obligations under the Note, this Security Instrument, and .Applicable L.aw. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there. is a change oldie Loan Servicer, Borrower will be given written notice of the change which will state the name and address Of the new Loan Servicer. the address to which payments should be made and any other information REST'A requires in connection 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 Iorrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not asstuncd by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or t:h at alleges 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 notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the ,giving of such notice to take corrective action. if Applicable Law provides a time period which must elapse 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 ;given to Borrower pursuant 10 Section 22 and the notice of acceleration given to Borrower pursuant 10 Section 18 shall be deemed to satisfy the notice and opportunity t0 take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "I Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located That relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defiled in Environmental Law: and (d) an "Environmental Condition" means a condition that can cause, contribute to, 01: otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal storage, or release of any Hazardous Substances, or threaten t0 release any Hazardous Substances, on or in the Property. Borrower shall not do, 110f 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, creates a condition that diversely affects the value of the Property. The preceding two sentences shall not apply to ibe presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally re.cogni ed 10 be appropriate to normal residential uses and to 'maintenance of the Property (including, but not limited 10, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental i-.aw of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking discharge, release or threat el' release of any Hazardous Substance, and (c) any condition caused by ilhc presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remcdialion of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation 00 Lender for an Environmental Cleanup. WYOMING Single Family Fannie Mae /Freddie Mac UN:FORM INSTRUMENT MERS Form 3051 1/01 Page 11 of 14 DocMfaglc eifA!11:rss 6www.docme0jc. corn 000/<5 NON COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security instrument (but not prior to acceleration under Section 13 unless Applicable Law provides otherwise). The notice shalt specify: (a) the default; (b) the action required to cure the default; (c) a date, not Tess 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 notice, Lender at its option may require immediate payment in full of all sumps secured by this Security Instrument without further demand and may invoke the power of safe 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 soli in the nranner 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 atl 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 this Security Instrument, but only if the fee is paid to a Lhird party for services rendered and the charging of the fee is permitted. under Applicable I..aw. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. WYOMING Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT MERS Form 3051 1/01 Page 12 of 14 DocNlaaglc efigarmo www.docmagic.com J4 j() BY StONTNG 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 IL Witness: (Seal) -Borrower ARLENE E LINHAR.ES (Seal) (Scal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Wi mess: VVYOMING—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Form 3051 1/01 Page 13 of 14 Dochlagic et7,5p:omm:-;, v,ww.o'ocma corn 0002 cal) -Borrower State of VT ilsG x- IAA CL, County of L IrcoLN Thts instrument was acknowledged belbre me on b GARY L LINEARES AND ARLENE E LINHARES (Seal, il any) tht1 %HMO [Spacc Cielow This Line For Acknowledgment} WYOMING—Single Family Mae/Freddie Mac UNIFORM INSTRUMENT MERS Form 3051 1/01 Page 14 of 14 ignawrc of notarial officer 'ride (and Rank) My commission expires: \AM: cL. 1)1 DockfagIc efilIPTAM w w w.docmagic co en 00028 SECOND HOME RIDER Loan. Number: 0005/64231 TIIIS SECOND HOME RIDER, is made this 16th. clay of JPi'JT,JARY 201 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Decd of Trust, or Security Deed (tlae "Security instrument of the sank date given by the undersigned (the "Borrower," whether there are one or more persons undersigned) to secure 'Borrower's Note to UNIVERSAL AMMICANI MC)RTGAGGE OOMPANY, L :C, A FLORIDA LIMI'IED LIABILITY COMPANY (the "Lender") of the same date and covering the Property described in the Security Instrument (the "Property which is located at: 400 COUNTY ROAD 128, THAYNE, WYOMING 83127 (t':operty Aiiiiressl In addition to the covenants and :agreements made. in the Security Instrument. Borrower and Lender IUrther covenant and agree that Sections 6 and Sot the :Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shah only use. the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all tu nes, and shall not subject the Property to any timesharing or other shared ownership arrangement or 1.0 any rental pool or agreement that requires, Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or Use of the Property. 8. Borrowers Loan Application. I3orrowcr shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. MULTISTATE SECOND HOME RIDER-- Single Family Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3390 1/01 Page 1 of 2 DocMag/c Cris 0.05/5 •ww. docnagic. Com 00029 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Second Home Rider. (Seal) (1, 244Z+1--- N' NHARES 3 orrower ")...1:R.T.JENE E LINHARES -Borrower (Seal) -Borrower MULTISTATE SECOND HOME RIDER-Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3890 1/01 Page 2 of 2 (S-al) (Seal) -Borrower -Borrower (Seal) -Borrower DocMagic eariTIMIO docmagic .com 00030 Exhibit "A" THAT PART 0P THE 3VV%5Gy AND THE 32%SV/\{0F SECTION l2, TOWNSHIP 3] NOK1R, RANGE ||9 WEST, Oy THE 6TH P.K8, LINCOLN CDlJNTY. WYOMING, 88ING PART OF TI-lAT TRACT OF RECORD IN THE OFFICE OF THE CLERK OF LINCOLN COUNTY |N BOOK 454PRON PAGE 34X, DESCRIBED &3FOLL()VYG: BEGINNING AT& PIPE, N|4"Z4'52''E,629.O4 FEET FROM THE SOUTHWEST CORNER OF SAID 3YVLA8E%� THENCE N28"j4'46''E,|55.|S FEET TDAPIPE; THENCE N66"3698"C.l3O26 FEET T0APIPE; THENCE S78"0i'||"8 140.\] FEET T0APOINT; THENCE NO3°42'44"W,09.49 FEET TO A POINT AT THE INTERSECTION 0F'ME SOUTHERLY RIGHT-OF-WAY LINE 0P THE NARK0\V8-TO042KV/LLBCOUNTY ROAD 12 128 \1 lHr BLGINNINGOFA N0\ F\NG C1RULARCU!\vr 10 U1F RIGHT, FROM WHICH ITS RADIUS POINT BEARS N08oQ6'39''W; THEMC6 WESTERLY, 85.45FBGT,/\LON[} THE ARC OF SAID CIRCULAR CURVS THROUGH CENTRAL ANGLE (}F06"JV'3|'', WITH RADIUS OF 7352V FEET, TO POINT;` 'THENCE S88"22'52^VY.227.X2 FEET T0A POINT /\T THE BEGINNING 0F/\CIRCULAR. CURVE TO THE LEF7� THENCE SOUTHWESTERLY, l76.78 FEET, ALONG 11115 RC or SA1D CURVF THROUGH CENTRAL ANGLE (}P{6°4l'|]'`, WITH RADIUS 0F606.08 FEET 7DA POINT; TH2NCES7l FEET TDA POINT, AND LEAVE SAID K/SHT4}F-WAY LINE; THENCE S28"4S'|6''E.652.l6 FEET T0 THE PIPE {)FBEGINNING. ��/0��1