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HomeMy WebLinkAbout978309PMI CASE 83476803 Loan No. 470046802 PARCEL TAX ID 1232191530041000 MIN: 1002821- 0470046802 -5 DEFINITIONS' WYOMING Singh Fatally Fannie MaclFtodNe M•+e UNIFORM INSTRUMENT Form 3051.1101 (Page 1 of 18) GCC MG30S1 -01 (12110) (Space Above This tine For Recording'Datal MORTGAGE 978309 9/8/2014 12:19 PM LINCOLN COUNTY FEES: $66.00 PAGE 1OF 1 BOOK: 839 PAGE: 244 MORTGAGE JEANNE WAGNER, LINCOLN COUNTY CLERK 1 1111111 111111 1111 111111 1 11111111 1 I I 1 11111 11111 11111 11111 11111 1111 111111 1111 1111 Words used in multiple sections ofthis document are defined' below and other words are defined in Sections 3, 1r, 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 September 8th 2014 together with all Riders to'this;document. (B) 'Borrower" is DANIELLE RAE MCKENZIE AND CASEY MAC MCKENZIE WIFE,AND HUSBAND 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 a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security instrument. MERS is organized and existing underthe laws of,Delaware, and has an•address and telephone number•of,P.O. Box 2026, Flint; MI 48501 -2026, tel. (888) 679-MERS., (D) "Lender" is First Interstate.Bank Lender is a MONTANA CORPORATION laws•of THE STATE OF MONTANA PO Box 11095, Jackson, WY 133002 organized and.existing under the Lender's address' is (E) "Note ",means promissory note by Borrower and dated September Sth, 2014 The Note states that Borrower owes Lender TWO HUNDRED FORTY THOUSAND AND NO /100 Dollars (U.S. 2A0,000.00 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and_to pay the debt full not later than October 1st, 2044 (F) "Property" means the property that is described below finder the heading "Transfer of Righis in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums' due under this Security Instrument, plus interest. (H) "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 EPplicable]: n Adjustable Rate Rider Condominium Rider LJ Second Home Rider n. Balloon Rider EJ Biweekly Payment :Rider E] 1 -4 Family Rider Other(s) [specify] 0 Planned Unit Development Rider (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 opinions. (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 is initiated through an.etectronic terminal, telephonic instrument, computer, or magnetic tape s� as to 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 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. WYOa ING Single amity Ffimfe Ma meddle Mx UNIFORM INSTRUMENT Form 3051 Inn GCC MG3051.02 (02/03) (Page 2 of 18) (0) "Periodic Payment" means the .regularly scheduled amount due for (i) principal and interest underthe Note, phis (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 time to time, or any additional or successor•legislation or regulation that govems 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 Ioan" 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. 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, warrant, ,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 (Type or Recording Jurisdiction) of LINCOLN [Name or Recording Jurisdiction] LEGAL DESCRIPTION AS PER EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF AS THOUGH FULLY SET OUT HEREIN. TAX ID: 1232191530041000 which currently has the address of MY/SUNNY MEADOW CT 'Street] AFTON Wyoming 1331 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 be covered by this Security Insttumen[. 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 'Lenders'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 limited to, releasing and canceling this Security Instrument. WYOMING -Singk Family Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Farm MI U01 GCC MG3051 -03 (11112) (Page 3 of 18) BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has 'the right to mongage, grant and convey the:Property and.that the Property is unencumbered, except for encumbrances of record'. Borrower warrants and will defend generally thd' title to the Property. against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines, uniform covenants 'for national use and non uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, 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 check or other instrument received by'Lender as 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 check, bank check, treasurer's_ check or, cashier's, check, provided any such check' is drawn upon an institution whose 'deposits are insured a federal agency, instrumentality,, or entity; or (d) Electronic Funds Transfer: Payments are deemed received by Lender when received at the location designated ,in the Note,or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may retum any payment or partial payments 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 hold such unapplied funds until Borrowermakes payment.to bring the Loan, current. If Borrower does not do so within a reasonable period of tune, 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 following order of priority:. (a) interest due under the (b) principal 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 amotints shall be applied first late charges; second•to•any other amounts due under ihis Security Instrument, and `then to ;reduce the principal balance of the .Note., WYOMING Simi& Family Fai mio MaclFrcSdie Mx UNIFORM INSTRUMENT Forts 3631. 1101 GCC G3051 -04 (02103)• (Page 4-of 18) If Lender receives a 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 afterthe 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 paytents, insurance. proceeds, or Miscellaneous Proceeds to principal due under the Note shall nut extend or postpone the duedate, or change the amount, of the Periodic Payments. 3, Funds for 'Escrow Items. Borrower shall pay lo 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 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 origination or at any time during the rein 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 ail 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 ail Escrow Items at any time. Any such waiver may only be hi 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 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.ltems 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 maximum amount a lender can require under RESPA. 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, WYOMING Single Family— Fume Mr1F,cddie Mac USi1FORM INSTRUMENT Form 3051 1/01 GCC G3051 -05 (02/03) (Page 5 of 18) The Funds shall be held in an institution whose deposit's 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 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 Lain perttiits Lender to make 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 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 is a shonage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with 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 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; Liens. 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 manner provided in Section 3. Borrower. shall promptly discharge any lien which. has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so' long as Borrower is performing such agreement; (b) contest's 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 -time charge for a real estate tax verification and/or 'reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured..against loss by fire, hazards 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 WYOMING Slagle Family Fannie Ma/Frcddle Mac UNIFORM INSTRUMENT Farm 3051 1/01 CCC: G3051 -045 (02I01) (Page 6 of 18) .,.r..mm..exhrater..vaer..; (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=time charge for flood zone determination and certification services and subsequent charges each.timeremappings 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 Lender's option and Borrower's expense. Lender 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 Property, or the contents of the Property, against any risk, hazard or liability and might provide'greater or lesser coverage than was previously in effect. Borrower. acknowledges that the 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 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 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 Toss, Borrower shall give' prompt notice to the insurance carrier and Lender. Lender. may make proof of loss if riot made promptly, by Borrower. Unless and .Borrower otherwise. agree in writing, any insurance• proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to.hotd such insurance proceeds until Lender. has had an opportunity to inspect such Property to ensure the workhas been completed to. Lender's satisfaction, 'provided that such inspection shall be undertaken promptly. Lender may 'disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall .not be required to pay Borrower, any interest or earnings on such proceeds. Fees for public adjusters, WYOMING Single Family Fannie MadFreddie Mu UNIFORM INSTRUMENT Farm 3031 '1N1 GCC G3051 -07 (02103) (page 7 of 18) or otherthird 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•inay 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) Borrower's. rights to any insurance proceeds in an amount not to exceed the unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other• than the right to any' refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender May use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note.or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, 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 Propeny as; Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not. be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection or the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Properly. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order'to prevent the' Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or 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. Ifthe 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. Lender or .its agent may, makereasonable 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 Loan Application. Borrower 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 WYOMING Single Family Flemie MmiRoddie Mx UNIFORM INSTRUMENT Form 3051' 1101 GCC G3051 -08 (03/02) (Pose 8 of 18) connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property 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 -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 abandoned the Property, then Lender may do and pay for is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and /or assessing the value of the Property, and securing and /or repairing the Property. Lender's actions can include, but are not, limited to: (a) paying any sums secured by a lien' which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property.and /or rights under this Security Instrument, including its 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,dangeroirs cdnditions,'and have utilities. turned on or off. Although Lender may take action under this Section 9, Lender' does not have to do so and is not under any ,duty or obligation to do so. It is agreed that Lender incurs no liability for not. taking any or all actions authorized under this Section Any amounts disbursed by Lender under this Section 9 shall become additional debt.of Borrower secured by this Security Instrument. These amounts,shall bear interest at the Note rate from the date of.disbursement and shall be payable, with such interest,.upon notice from Lender to Borrower requesting payment. If this Security, Instrument is. on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Properly, the leasehold and the fee title shall not merge unles's.Lender agrees,to the merger in writing. 10. Mortgage lnstirance. 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 16 make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at' a cost substantially 'equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer •selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use•and retain these payments as a non refundable• loss reserve. in lieu ,of Mortgage Insurance. Such loss reserve shall be non refundable, notwithstanding the 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 Insurance coverage (in the WYOMING —single Family Fannie MaeTFrc Mm UNIFORM INSTRUMENT Form 3051 1101 GCC 'G3051.09 (02/03) (Page 9 of 18) 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 the 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 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance 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 Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to. lime, and may enter into agreements with 'other parties,that share or modify t heir risk, or reduce losses. These agreements are on terms and conditions• that are satisfactory to the mortgage insurer and the other.party (or patties) 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, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate 'of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in 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 fora share'of the premiums paid to the insurer, the'arrangement is often termed '"captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to' pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has if any with respect to the Mortgage Insurance under the Homeowners Protection' Act of 1998 or any other law. These rights may include the right to receive certain'disclosures, to request and obtain cancellation of the Mortgage Insurance,. to have the Mortgage Insurance.terminated •auttimatically, aitdlor to receive a refund of any Mortgage Insurance premiums tliat were unearned.at the lime of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to•and shall be paid to Lender. WYOMING Smgic Family Flame Mac /Freddic Mr UNIFORM INSTRUMENT Farm NM IIOI GCC G3051 -10 (02(03) (Page 10 of 18), WYOMING Single Family Fat* Mae/Frtddie Mac UNIFORM INSTRUMENT Form 3051 1/01 GCC G3051 -11 (03102) (Page 11 of 181 if the Properly is damaged, such Miscellaneous Proceeds shallbe 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 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 Toss in value of the Property 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. 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,panial 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 raking, 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 taking, destruction, or loss in value divided by (b) the fair market value of'the Property inunediately before the partial iaking, destruction, or loss in value. Any balance shall be paid to Borrower. .ln the event of a partial taking, destruction, or Loss in value of the Property in which the fairmarket• value of the Property immediately before the partial taking, destruction, or loss in value is less .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 sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to ,Borrower that the Opposing Party: (as defined in the next sentence) offers to make' an award to settle 1 a claim for damages Borrower fails to respond to 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.tlie 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 o(Lender's interest in the Property orrights under this Security Instrument. The proceeds•of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property: are hereby assigned and shall be,paid to All Miscellaneous Proceeds that are 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 of the time for payment or modification of amortization of the sums secured by this Security Instrument granted 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 commence proceedings against any Successor in Interest,of Borrower or w refuse to extend time for payment or otherwise modify ammonization of the sums .secured by this Security Instrument by reason of any demand made by the original Borrower or any. Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower. or in amounts'less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13., Johit and Several Liability; Co- signers; Su €eessors 'and .Assigns Bound. Borrower 'covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any harrower who co -signs this Security Instrument but does noi.execute the Note (a "co= signer (a) is co- signing this Security Instrument only to, mortgage, grant and convey the co- signer's interest in the Property Under the ternis'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 accommodation's with regard to die 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 ail 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. WYOMING Single Family— FannieMaNFrtadie Mx UNIFORM INSTRUMENT Fbrm 3051 1101 GCC.- G305142 (03/02) (Page 12 of 18) WYOMING Sicglo Family F wic MSC /Frcddle Mac UNIFORM INSTRUMENT Form i0 I UOr• CCC G3051 -13 (02103) (Page 13 of 18) wn.,a.sr. sna .m.+a.... ,,..wr+ ww..+...eawn.....vtOw inw 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lenders 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'Instrument to charge; a specific 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. 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'petinitted limits, then: (a) any such shall be reduced by the amouni.necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limit's 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 airy 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 Instrument must be in writing. Any notice' to in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail•or when actually delivered to Borrower's notice-address if sent by other means. Notice to•any one Borrower shall constitute nonce to all Borrowers unless Applicable Law expressly requires otherwise. The notice•address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender: Borrower shall promptly notify Lender of Borrower's change of address: .If Lender specifies a procedure for reporting Borrower's 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 time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail' to Lender's address stated herein unless Lender has designated another address by notice to:Borroiver. Any notice in connection with Security Instrument shall not be deemed to have been given to Lender until 'actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable. Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This .Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained .in this Security Instrument are 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 consuued as.a prohibition against agreement by contract. 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. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (c) 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 of the Property or a Beneficial Interest in Borrower: As used in this Section .18, "Interest in the Property" means any legal or beneficial interest in' the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract• for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all. or. any pan of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold er transferred) without Lender's prior written consent,. Lender may require immediate payment in full of. all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if' such exercise is prohibited by applicable law. If Lender exercises this option, Lender shall.give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given. in accordance with Section 15 within which Borrower must• pay. all sums secured by ihi's Security Instrument. If Borrower felts 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 'nine prior to the earl '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 Borrowers to reinstate; or (c) entry of a judgment;enforcing this Security Instrument. Those conditions are that Borrower: (a).pays Lender:all Antis which then would be due under this Security Instrument and the Dote 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 '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 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 sums and expenses in one or more of,the following forms, as, d selecte 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. WYOMING Slagle Family Pantie MaejFmldie Mae UNIFORM INSTRUMENT Form JON. 1NI GCC- G3051 -14. {02103) (Page 14of18) WYOMING-Sin Family runic MwJFrcddie Mac UNIFORM INSTRUMENT Form 305I 1101 CCC G3051.1S (02103) (Page' 15 of 18) Upon reinstatement by Borrower, this Security Instrument and obligations secured :hereby shall remain fully effective as if no acceleration'had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale .of Note; Change of Loan Servicer; Notice of Grievance. The Note or .a partial. interest in the Note (together with this Security Instrument) 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 performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer 'unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of 'the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information ,RESPA requires in connection with a notice of of servicing. If the Note is sold and thereafter the Loan is serviced' by a Loan Servicer other than the purchaserof the Note, the mortgage loan servicing obligations to Borrower Will remain 'with' the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed 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 that 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 io cure given to Borrower pursuant to Section '22 and the notice of acceleration given to Borrower pursuant to Section '18 shall be deemed to satisfy the notice and opportunity to take corrective action prodisions:of this Section 20. 21. Hazardous Substances. As used in this Section.2l': (a) "Hazardous Substances" are those substances defined as toxic' or hazardous substances, pollutants, or wastes. by Environmental Law and the 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 thai relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental. Condition" means a condition that can cause, contribute to, or otherwise, trigger an .Environmental Cleanup. Borrowershall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances,'on Orin the Property. Borrowershall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental. Condition, or (c) which, due to the_ presence, use, or release of a. Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally .recognized to, be appropriate to normal residential uses and to maintenance of 'the Property (including, but not limited to, 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 parry involving the Property and any Hazardous Subsiance or Environmental Law of which Borrower has actual 'knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, 'discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the 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 remediatien 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 on Lender for an Environmental Cleanup. follows: NON UNIFORM COVENANTS. Borrower and Lender further covenant' and agree as 22. Acceleration; Remedies: Lender shall give notice' to ,Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this, Security Instrument (but. not prior to acceleration under Section• 18 .unless' Applicable Law provides •otherwise). The notice shall sped €y: (a) the default; (b) the action. required to cure-the default; (c) a date, not less than 30 days from the date the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the 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 lhe'date specified in the notice, Lender at its option may require immediate payment in full of all 'sums secured by this ,Security Instrument without further demand and may. invoke 'the power of sale and any other remedies, permitted_ by Applicable L•aw. Lender be entitled to collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale,' Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law, Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of-sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any•sale. The proceeds of the sale shati.be applied in the.following order: (a) to all expenses ofNthe 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. WYOMING Singte Family Fannie Ms /Freddie Mac UNIFORM INSTRUMENT Form 3051 1701 GCC G3051 -16 (02/03) (Page 16 of 18) r 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 third parry for services rendered and the charging of the fee is permitted under Applicable Law; 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenan'es contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: CASE AC MCKENZIE (Seal) Borrower WYOMING Single Family— .Fumit Mar/Freddie Mx UNIFORM INSTRUMENT Form JO51, 1101 CCC G3051- 17 (Page 1,7 of 18) (Seat) Borrower (Seal) Borrower STATE'OF WYOMING, COUNTY OF LINCOLN .1 VL The foregoing instrument was acknowledged..before me, this' September by DANIELLE RAE MCKENZIE.AND CASEY MAC MCKENZIE WIFE AND HUSBAND 2014. ".".".".".""..7%.",,....ww..."... VICKIE MUNSON NOTARY PUBLIC (pc County of 0, State of Lincoln kle Wyoming t:V. I MY COMMISSION EXPIRES: 26 Doc. 2016 PREPARED BY Phyllis Fischer First Interstate Bank PO Box 11095 Jackson, WY 83002 RECORD AND RETURN TO:. First Interstate Bank PO Box 11095 Jackson,.1NY 83002 INDIVIDUAL ACKNOWLEDGMENT son acknowledging) Notary Public My Commission Expires: a 4, —a NMLSR ID: 581537 NMLSR (L.O.) ID: 707817 (Pattl.13 Patterson) Loan Originator: First interstate Bank Jackson SS WYOMING singk Faiths MxiF itddic Mx UNIFORM INSTRUMENT Fun' 3051 GCC G3051.1i1 (02/13) (Page 18 of 18) LA A/146 day,.oF Parcel 1: That part of the SW' /4SW% of Section 15, Township 32 North, Range 119 West, Lincoln County, Wyoming being part of that tract of record in the Office of the Clerk of Lincoln County, in Book 559 of Photostatic Records on Page 855, described as follows: Beginning at a point on the East line of said SW S00 °08'55 "E, 367.14 feet, from the Northeast corer thereof; thence S00 °08 °55 "E, 382.72 feet, along said East line, identical with the East line of said tract, to the Southeast point thereof; thence West, 804.70 feet, along the South line of said tract, to the Southwest point thereof; thence N00 °08 '55 "W, 382.72 feet, along the West side of said tract, to a point; thence East 804.70 feet, to the point of beginning Parcel IA: Together with a right of ingress and egress and utilities over, under and across that tract described as follows: That part of the SW SW% of Section 15 and the SE%SE', of Section 16, Township 32 North, Range 119 West, Lincoln County, Wyoming, described as follows: Beginning at the intersection of the South line of that tract of record in the Office of the Clerk of Lincoln County in Book 493 of Photostatic Records on Page 186 with the East line of said SE SEl thence West 318.35 feet, along said South line, to a point; thence continuing West, 929.19 feet, to a point on the East right of-way line of the Wyoming State Highway 238; thence N00 °36'35 "W, 146.45 feet, along said East right -of -way line, to a point; thence S75 °50'06 "E, 48.80 feet, to a point; thence S54 °06'47 "E, 127.10 feet, to a point on the line 60.00 feet Northerly and parallel with said South line; thence East 780.34 feet, along said parallel line, to a point; thence continuing East 845.59 feet, to a point on the West line of that tract in said Office in Book 399 of Photostatic Records on Page 467; thence S00 °08'55 "E, 60.00 feet, along said West line, to the Southwest point of said tract; thence West, 527.29 feet, along the South line, to the intersection of beginning Land Title Company Underwriter Stewart Title Guaranty Company Commitment Schedule A EXHIBIT "A"