HomeMy WebLinkAbout977878Retur To: Chase Records Center
i
Attn: C 11 feral Trailing Documents
RE: MC. 000, 700 Kansas Lane Monroe
LA 71203
Prepared By: Rojelio Espinoza
1820 E Sky Harbor Circle S Flr 2
Phoenix, AZ 85034
State of Wyoming
SE3/0 26 u3
Mortgage
When Recorded Return To:
Indecomm Global Services
2925 Country Drive
St. Paul, MN 55117
977878 8/6/2014 2 :59 PM
LINCOLN COUNTY FEES: $39.00
BOOK: 837 PAGE: 418 MORTGAGE
JEANNE WAGNER, LINCOLN COUNTY CLERK
1IIIIIIIIII14II111IIIIIII11 1111
THIS MORTGAGE "Security Instrument is given on July 24, 2014. The Mortgagor is RANDALL
JAMES SMITH AND KARILYN CURTIS, HUSBAND AND WIFE "Borrower This Security
Instrument is given to JPMorgan Chase Bank, N.A., which is organized and existing under the laws of
the United States, and whose address is 1111 Polaris Parkway, Floor 4J, Columbus, OH 43240 "Lender
Borrower owes Lender the principal sum of two hundred thousand four hundred sixty -seven and 00 /100
Dollars (U.S. $200,467.00). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument "Note which provides for monthly payments, with the full debt, if not paid earlier, due
and payable on August 1, 2044.
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with
interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums,
with interest, advanced under Paragraph 7 to protect the security of this Security Instrument; and (c) 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 the Lender with power of sale, the
following described property located in Lincoln County, Wyoming: See Attached.
Parcel ID Number: 35183140300800 which has the address of 330 SOLITUDE DR [Street], THAYNE
[City], Wyoming 83127 [Zip Code] "Property Address
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall
also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument
as the "Property."
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
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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 uniform covenants for national use and non uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal
of, and interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each
monthly payment, together with the principal and interest as set forth in the Note and any late charges,
a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold
payments or ground rents on the Property, and (c) premiums for insurance required under Paragraph 4.
In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing
and Urban Development "Secretary or in any year in which such premium would have been required
if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum
for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge
instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a
reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary,
these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed
the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement
Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 12 C.F.R. Part
1024, as they may be amended from time to time "RESPA except that the cushion or reserve permitted
by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available
in the account may not be based on amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds
held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the
Borrower and require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument.
If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited
with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium
installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly
refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its
acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments
for items (a), (b), and (c).
3. Application of Payments. All payments under Paragraphs 1 and 2 shall be applied by Lender as
follows:
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First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge
by the Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other
hazard insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now in existence or subsequently erected, against any hazards, casualties, and contingencies,
including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts
and for the periods that Lender requires. Borrower shall also insure all improvements on the Property,
whether now in existence or subsequently erected, against loss by floods to the extent required by the
Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies
and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form
acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of
loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and
directed to make payment for such Loss directly to Lender, instead of to Borrower and to Lender jointly.
All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction
of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied
in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the
damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due
date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments.
Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the
Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force
shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's
Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within sixty days after the execution of this Security Instrument (or within sixty days
of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender determines that requirement
will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not
commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,
reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned
or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
abandoned Property. Borrower shall also be in default if Borrower, during the loan application process,
gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with
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any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this
Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to
the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in place
of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the
indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such
proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal.
Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly
payments, which are referred to in Paragraph 2, or change the amount of such payments. Any excess
proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security
Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall
pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2.
Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure
to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall
promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform
any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding
that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for
condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to
protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard
insurance and other items mentioned in Paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower
and be secured by this Security Instrument. These amounts shall bear interest from the date of
disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal
proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (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 may attain priority
over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall
satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
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(A) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of
payment defaults, require immediate payment in full of all sums secured by this Security Instrument
if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
(B) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section
341(d) of the Garn -St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j -3(d)) and with
the prior approval of the Secretary, require immediate payment in full of all sums secured by this
Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property,
is sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or
the purchaser or grantee does so occupy the Property but his or her credit has not been approved
in accordance with the requirements of the Secretary.
(C) No Waiver. If circumstances occur that would permit Lender to require immediate payment in
full, but Lender does not require such payments, Lender does not waive its rights with respect to
subsequent events.
(D) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary
will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and
foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not
permitted by regulations of the Secretary.
(E) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 days from the date
hereof, Lender may, at its option, require immediate payment in full of all sums secured by this
Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent
to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be
deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be
exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a
mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment
in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument.
This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument,
Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including,
to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and
reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding.
Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain
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in effect as if Lender had not required immediate payment in full. However, Lender is not required to
permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure
proceedings within two years immediately preceding the commencement of a current foreclosure
proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of
payment or modification of amortization of the sums secured by this Security Instrument granted by
Lender to any successor in interest of Borrower shall not operate to release the liability of the original
Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings
against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co Signers. The covenants
and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender
and Borrower, subject to the provisions of Paragraph 9(B). Borrower's covenants and agreements shall
be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note:
(a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument
or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering
it or by mailing it by first class mail unless applicable law requires use of another method. The notice
shall be directed to the Property Address or any other address Borrower designates by notice to Lender.
Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address
Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be
deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and
the law of the jurisdiction in which the Property is located. In the event that any provision or clause of
this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting
provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage,
or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone
else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
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Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property.
Borrower shall promptly give Lender written notice of 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 Law of which Borrower has actual knowledge. If Borrower learns, or is
notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law.
As used in this Paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous
substances 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. As used in this Paragraph 16, "Environmental Law" means
federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection.
NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues
and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However,
prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security
Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the
benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an
assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower
as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b)
Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the
Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to
the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender from exercising its rights under this Paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving
notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time
there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right
or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by
the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph
9, Lender may invoke the power of sale and any other remedies permitted by applicable law.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in
this Paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title
evidence.
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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 Paragraph
13. Lender shall publish the notice of sale, and the Property shall be sold in the manner
prescribed by applicable law. Lender or its designee may purchase the Property at any sale.
The proceeds of the sale shall be applied in the following order: (a) to all expenses of the
sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this
Security Instrument; and (c) any excess to the person or persons legally entitled to it.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary
requires immediate payment in full under Paragraph 9, the Secretary may invoke the
nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994
"Act (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under
the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in
the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender
under this Paragraph 18 or applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this
Security Instrument without charge to Borrower. Borrower shall pay any recordation costs.
20. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all
rights of curtesy and dower in the Property.
21. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded
together with this Security Instrument, the covenants of each such rider shall be incorporated into and
shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)
were a part of this Security Instrument. [Check applicable box(es)].
Condominium Rider Growing Equity Rider Other [specify]
Planned Unit Development Rider Graduated Payment Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument
and in any rider(s) executed by Borrower and recorded with it.
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Date
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KARILYN CU Dafe
Seal
Acknowledgment
State of Wyoming
County of Lincoln
This instrument was acknowledged before me on
otary Public J
My commission expires:
(Seal)
My Commission Exoues
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County State of
Lincoln h;n
June 25. 2018
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RANDALL JAMES SMITH AND KARILYN CURTIS, HUSBAND AND WIFE
Loan Origination Organization: JPMorgan Chase Bank, N.A.
NMLS ID: 399798
Loan Originator: Gwendolyne Ledesma Rodriguez
NMLS ID: 870068
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Tax Id Number(s): 35183140300800
EXHIBIT A LEGAL DESCRIPTION
Land Situated in the County of Lincoln in the State of WY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LINCOLN, STATE OF
Wyoming, AND
I5 DESCRIBED AS FOLLOWS:
LOT SEVENTEEN (17), STAR VALLEY RANCH PLAT TWELVE (12), AS PLATTED AND RECORDED IN THE
OFFICE
OF THE LINCOLN COUNTY CLERK, LINCOLN COUNTY, WYOMING.
Commonly known as: 330 SOLITUDE DR THAYNE, WY 83127
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1371 7/31/2014 79486520/1