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HomeMy WebLinkAbout877996, Q4015.4 ..5, ~5 Return To: HOMEcOM1NGS lqNANCIAL NE'I¥,'ORK, INC ONE MERIDIAN CROSSING, STE 100 MINNEAPOLIS, MN 5542~ 87799 Prepared By: HomeComings Financial Network 14850 Quorum Drive, Suite 450 Dallas, TX 75254 [Space Above This Line For Recording Data] MORTGAGE MIN 10006260413'3375511 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. Certaiu rules regarding the usage of words used in this document are also provided in Section 16~ (A) "Security Instrument" meansthis document, which is dated DECEMBER 7TH, 2 0 0 1 Iogether with all Riders to this docmnent. ' (B) "Borrower" is ROaER a. COLES AND DI~A K. COLES HUSBAND ~D WIFE 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 ami assigns. MERS is the mortgagee under this Secm'ity Instrument. }'vIERS is organized and existing under the laws of Delaware, and has an address and telephone ~mmber of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. WYOMING-Sh~gle Family-Fannie Mae/Freddie Mac UNIFORM IN~TRUMENTWITH MERS Form 3051 1/01 NiFWY7770(ll/00) / 041-333755-1 (~®-6A{WY) (ooost.o~ ,4 ! "': /' VMP MORTGAGE FORMS - IBOO)521-72~1 (1)) "Lender" is HOMECOMINGS FINANCIAL NETWORK INC. Lender is a CORPORATION {-}~.".~} ~'~[;.'i i<t~- organized and existing under the laws of DELAWARE Lender's address is 14850 QUORUM DRIVE, SUITE 450 DALLAS, TX 75254 (E) "Nole' means the promissory note [igned by Borrower and dated DECEMBER 7TH, 2001 The Note states that Borrower owes Lender EIGHTY FIVE THOUS~D ~D NO/100 Dollars (U.S. $ 85,000.00 ) phis interest. Borrower has promised to pay this debt in regular Periodic Payments and ~o pay the debt in ftlll not later thmg~UARY 1ST, 2017 (F) "Properly" means the property that is described below undmr the hoading 'Trnnsfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, phis interest, any prepaymentchar~es and ]ate charges due under d~e Note, and all sums due under this Security Instrument, phis 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 applicable]: ~ Adjustable Rate Rider ~ Condominium Rider ~ Second Home Rider ~ Balloon Rider ~ Planned Unit Development Ride~ 1-4 Family Rider ~ VA Rider ~ Biweekly Payment Rider ~ Other(s) [sppcify] (I) "Al~plicable 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 I)ues, 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 througl~ an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or auihorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, atttomatedteller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Ilems" means those itmns-that are describedin 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 lien of condemnation; or (iv) :nisrepresentationsof, 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. (O) "Periodic Pay~nent" 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. (I~),"RESPA'' means the Real EstateSettlementProceduresAct (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same snbject matter. As used in this Security Instrument, "RESPA" refers to all requirementsand restrictions that are imposed in regard to a 'federall) related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. MFWY7770 (11/00) / 041-333755-1 Initials:~' (~-6AIWY) Iooo51.o~ v~ao{~s Form 3051 1/01 3 3 (Q) Successor m Interest of Borrower" means any party that has taken title to the Property, whether or not: that party has assmned Borrower's obligations nnder the Note and/or this Security TILANSFER OF RIGHTS IN THE PROPERTY This Security Instrumentsecures to Lender: (i) the repaymentof the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this eeunty Instrumentand the Note. For this purpose, Borrower does hereby mortgage, grant and convey S ' 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 Recording Jurisdictkm} [Name of Recording Jurisdiction] NORTH 1/20[~' LOT 1., VIEWMONT SUBDIVISION, LINCOLN COUNTY, WYOMING, ACCORDING TO THAT P I,Aq. FILED JULY 2, 1980 AS INSTRUMENT NO. 542005 IN THE OPFICE OF THE LINCOLN COUNTY CLERK. Parcel liD Number: 311819 3 010 0 3 0 0 which currently has the address of 1720 HIGHWAY 241 AFTON ~ ' ISm;et} ("Property Address"): [Cityl , Wyoming 8 3110 [zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appnrtenances, 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 Instrumentas the "Property." Borrower understandsand agrees that MERS holds only legal tide 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 limited to; releasing and canceling this Security Instnm~ent. BORROWERCOVENANTS tl~at Borrower is lawfnlly 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 encumbrancesof record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encmnbrances 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. MF\VY7770 (Il/00) / 041-3337554 ~6' -~ t~-6A{WYI Initi~ls~''~ (O005).O'f Page 3 of 15 , .~,// Form 3051 1/01 UNIFORMCOVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment et' 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 lnstrumentshall be made in U.S. currency.~However, if any check or other instrumentreceived by Lender as payment under the Note or this Security lnstrumentis returned to Lender unpaid, Lender may require that any or all subsequentpayments 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 by 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 accordancewith 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 an), payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunderor prejudice to its rights to refuse such ~ayment 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 nuapplied hinds. Lender may hold such unapplied fnnds until Borrower makes payment to bring tile Loan current. If Borrower does not dr) so within a reasonableperiod of time Lendershall either apply such fuflds or return them to Borrower. It' 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 has,e now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Secnrity ]nstrmnentor performing the covenants and agreementsse'curedby this Security h~strument. 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 priorily: (;0 interest due under the Note; (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 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 pa), any late charge due, the payment may be applied to the delinquent payment and :he ]ate charge If more than one Periodic Payment is outstanding, Lender may apply any payment received fi'om 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 paymentis applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepaymentsshall 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 nnder 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 to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the"Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain p'riority over this Security Instrumentas a lien or encumbranceon 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 lnsnrance 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 ti~ne during the term of tile Loan, Lender may require that Community Ass~aciation Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escr6w Item. Borrower shall promptly furnish to Lender all notices of amonnts to be paid under this Section. Borrower shall pay Lender the Fnnds 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 alt), or all Escrow Items at any time. Any such waiver may only be in writing. Ill the event of such waiver, Borrower shall pay directly, when and where payable, the amounts MFWY777(~ (11/00) / 041-333755-1 Initiat$:~ 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 agreementcontainedin this Security Instrument, as the phrase"covenant and agreement" is used in Secti~n 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount clue for an Escrow Item, Lender may exercise its rights under Sectiou 9 and pay such amount and Borrower shall then be obligated nnder Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or ail 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. Lendermay, 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 am'onnt of Funds due on the basis of current data and reasonable estimates of expenditures d'f future Escrow Items or otherwise in accordafi'ce 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 HomeLoan 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 make such a charge. Unless an agreementis marie 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 Fnnds. 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 accordancewith RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as requiredby 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 thereis a deficiency of Funds held in escrow, as defined tinder 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 wi/l~ RESPA, but in no more than 12 monthly payments. Upon payment in fidl 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 CommunityAssociation Dues, Fees, and Assessments, if ~ny..To the extent that these'items are Escrow Items, Borrower shall pay them in ihe manner provided in~ ectmn 3. Borrower shall promptly discharge any lien which has priority over this ecur~ty Instrumentunless Borrower: (a) agrees in writing to the payment of the obligation securedby the lien in a manneracceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforccmentof the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcementof the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreementsatisfactory to Lender subordinating the lign to this Security Instrmnent. If Lender determinesthat any part of the Property is subject to a lien which can attain priority over dlis Security Instrument, Lender may give Borrower a notice identifying ll~e MFWY7770 (11/00)/041-333755-1 ~iii~,' ;i (~D'6A(wY) P,~e S ~ ~S Form 3051 1/01 (0005),01 lni~[~ . lien. Within 1.0 days of the date on which that notice is given, Borrower shall satisl~, the lien or take one 0r 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 wit!~ 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, earthquakesand fioods, for which Lender requires insurance. This insurance shall be mainlainedin 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 iBorrower 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 time remappings or similar cl~'anges occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Fede'ral Emergency ManagementAgency in conaection 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 ;nay 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 hear interest at the Note rate from the date of disbursementand shall be payable, with such interest, upon notice t~om 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 Lende~ as mortgagee and/oras 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 requirdd 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/~r 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 iu 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 econmnically feasible and Lender's security is not lessened. During such repair and restoraiionperiod, 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 il~e repairs and restoration in a single payment or in 'a series of progress payments as ihe work is completed. Unless an agreementis made in writing or Applicahle Law reqlfires 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, 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 restorationor 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 MFWY7770 (11/00) / 041-333755-! }r~i~i,:~: .... f00051.01 ' (~-6A(WY) P~.sof15 Form 3051 1/01 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) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneakned premiums paid by Borrower) tinder all insurance policies ~zovering 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 residenc¢ within 60 days afl:er the execution of this Security Instrument and shall con'finue to occupy the Property as Borrower's principal residence for at least one year after the date of occupaacy, unless Lender otherwise agrees in writing, wlfich consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borroxver'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 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 condemnationproceeds are paid in qonnection 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 restorationin a single payment or in a series of progress payments as the work is completed. If the insurance or condemnationproceeds 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 make reasonable entries upon and inspections of the Property. If it has reasonablecanse, Lender may inspect the interior of the improvements on the Property. Leuder shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8; Bm'tower'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, ~nisleading, or inaccurateinformation or statementsto Lender (or failed to provide Lender with material information) in connection with the Loan. Material representationsinclude, but fire 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 Rig!~ts Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreementscontainedin this Security Instrmnent, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/orrights under this Security Instrument(such as a proceedingin bankruptcy, probate, for condemnati0nor forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoncdthe Property, then Lender may do and pay for whatever is reasqnable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/orassessing the value of the Property, and securing and/orrepairing 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 MFWY7770 (11/00) / 041-333755-1 (0oo61,Ol Page 7 .f ~S Form 3051 1/01 attorneys' fees to protect its interest in the Property and/orrights 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, eli~ninate building or other code violations or dangerous conditions, and have utilities turned ~m 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 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Insmunent. These amounts shall bear interest at: the Note rate from the date of disbnrse!l!ent and shall be payable, with such interest, upon notice frmn Lender to Borrower requesting payment. If this Security Instrumentis on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge nnless Ldnder agrees to the merger in writing. Ill. Mortgage Insurance. If Lender required Mortgage Insurance as a condition 0!' making the Loan, Borrower shall pay the premiumsrcquired to maintain the Mortgage Insurancein 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 desiguated payments toward the premiums for Mortgage Insurance, Borrower shall pay the preminms 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 ni)t · available, Borrower shall continue to pay to Lender the amount of the separately designatedpayments that were due when the insurance coverage ceased to be in effect. Lender will accept~ use' and retain these payments as a non-reflmdableloss reserve in lieu of Mortgage Insurance. Such loss reserw~ 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 Insuran~:e 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 separatelydesignated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loaa 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 accordancewith any written agreementbetween Borrower and Lender providing for sach terminationor until terminationis requiredby 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 time, and may enterinto agreementswith other parties that share or modify their risk, or redncelosses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to · these agreements. These agreementsmay 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 pre'miums). As a result of these agreements, Lender, any purchaser of the Note, another insnrer, 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 characterizedas) 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 fiw Mortgage Insurance, or any other terms of the Loan, Such agreements will not increase the anmunt Borrower will owe t'or Mortgage Insurance, and they will not entitle Borrower to any rebind. MFWY7770 (11/00) / 041-333755-'1 ~n~t~a~~' (~6A(WY), (ooo5),ol v~aof~ Form 3051 1/01 341 (b) Any such agreements will nut affect the rights Burrower has - if any - with respect to the Mortgage Insurance nnder the Hnmeowners Protection Act nf 1998 m' any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage fnsnrance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Iusurauce premiums that were unearned at the thne of such eancellathm nr termination. 11. Assigmnent of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are 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 is economically feasible and Lender's security is not lessened. Duriug such repair and restorationperiod, Lender shall have the right to l~old 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 undertakenpromptly. Lender may pa), for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Uuless an agreemeutis madein writing or Applicable Law requires interes~to be paid on st~ch Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or~ earnings ou such Miscellaneous Proceeds. If the restorationor repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secnredby this ecunty Instrument, S ' 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 to the sums secured t~y 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 Propertyin 'which the fair market wdue 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, nnless 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 th~ sums secured i~nmediately before the partial taking, 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 p~irtial taking, destruction, or loss in value of the Property in which the fair market value of the Property hnmediately 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 Instrmnent 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 a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lenderis authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums securedby this Security Instrument, whether or not then due. "Opposing Part)," 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 it' any action or proceeding, whether civil or criminal, is begnn that, in Lender's judgtnent, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights unde'r this Security Instrument. Borrower can cure such a default and, if accelerationhas occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a rifling that, in Lender's judgment, precludes forfeiture of the Property or other material imI~airment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributableto the impairmentof Lender's interest in the Property are h~reby assigned and shall be paid to Lender. 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. MFW¥7770 (11/00) / 041-333755-1 /~ 1ooo5).Ol P.9.9of~s ~ Form 3051 1/01 ~Iqu~Iddv Jopnn po~mbo~ 6slu s[luCtunJls~q ~l[.maas s[ql Xq po~mbo~ oCpou ~ue JI uapuoq Xq poAp~a~ ssa~ppu s,aopu~ Ol [mtu ssep ls.qJ Xq l[ ~tqI~mu Xq m 1[ ~uu~aqop Xq uagt~ oq ilmls ~opu~ o1 o~rlou guV 'atu[l ouo Xuu l~]uomn.[lSUl Xl[snaas s[ql ~aptm sso.q)pu' am~ou 'aanpaao.~d pa[jpads lmtl q~no~ql ssaq)pe jo ohuutp, lJodox XlUO' HUrlS s,.mmo~ofl ~u~l.mda~ .raj aanpaatud u saupods ~apnoq JI 'ssoq~pu jo ssaJPpV gpado~d mil aq [lu~s sso.tppu aapou aq& 'os[~aq}o sa~mba~ XlSSO~dx~ axu~ a[quaqddV ssoluu saa~o~ofl 1[" ol aa~lou olnlpsuoa [luqs ~a~o~ofl ouo auu ol oapo~ 'suuam ~oqlo Xq, lugs j~ ss~.q~p, aa[:lou :lu°mn~lsuI Al[maaS s~tD ql[~ uopaouuoa u[ aapuaq i0 la~o~ofl Xq 'oSJm[alaao qans jo ~q opma punja~ tpns/ue jo oaueld~aae s,~a&o~Jofl '(alo~ otll Jopun ~oj papDoJd o'ql 'led~auud soanpo~ ptmjai e JI uo~oJJofl ol luom~ed lao~[p e ~u[~ntu Xq ~o oloN mil Japan po~o ledP~[a/t a~D ~upnpos Xq punja~ s~ql o~etu ol asooqa guru Jopttoq' 'JO~OJlOfl O] popunjoJ aq Ii,ax sl~ttqi poll}ttnadpopaaaxa qa~tl~ joaxos~ofl mo.~j papallOa ~pea~le stuns Aug (q) puu '.l~uqlpall~m~od oql oanpai ol &mssoaau lunome atp Xq paanpai oq lleqs o~u~a ueo[ qans Auu (u) :uaql 'sl}tu~l pallmilad mil pooaxo tmoq oql qlmuo[laomtoa m palaOliOa oq ol Jo polaOliOa sa~uqa HUC~3lOt O JO lsaJalu[ atil ]Utl:I ospolo~dioltq glimqj s~ ~eI Imp ptm 'so~.mqo ncoI mnm~xmm s:los qa}qax mn[ eol a s si ueoq mil JI 'meq alqea~[ddV iq ~o luatunJlsuI llFnaos s[ql Aq pal:q[qo:d *~:eqa lou ~en~ Japuoq 'aoj qans jo Sn[Sietla mil uo uop~q~qoid e se pan~lsuoa oq lotx l[uqs JaAmajofl oI aaj 'sooj uo}~unluA puc umlaadsm ~lladoJd 'saoj ,}X~uJoll, 'ol pol~m[i lou lnq '~u[Pnlarq 'lt~omnJlsul s~tl] ~apun sltl~[l ptm 211adoJ~ atp ur lSa~alu[ s,Jopuoq fluDaolold jo asodmd ql[& uopammoa u[ pam.mjsad soa;aJos ~oj saoj ~aaxoI.mfl afllmla Acm Iopuaq .safl.nnlD uuoq '~I '~opuaq jo sn~sse puc sJossaaans u~ pop[ao~d se ]doax,.) pu~q limis luauzn.~lsuI Xl~Jnaag s[~} jo sluomoa~u puc sluuuoaoa u[as~op~ q3ns ol soa~u ~opuoq SSolunluatun.qsui Xl~.maaS s[ql ~9pun ~l[l~qeH puc suo}leS~Iqo s,~oaxoa~o8 tqulqo IImls 'a~puo~ Kq p~ao~ddu s~ puu '~u[l[J~ u[lu, mn~lsuI KlFn,o8 saatnssu Otl~ ~o~oJaofl jo lSo~alt}I u[ iossoaang Kue '8[ uo[DaS jo suo}s~aosd '~HgSUO3 Sclgll~lS-OD Jo ~eaqJoj~ '~pom 'pua~a. ol ~a~e u~a ~aam~ofl zaq:lo Kue ptm-~apuoq 1m11 soothe (a) ptm '.luatmulsuI Al[inaos s[ql ~q pomaas stuns mil ~ud ol polu~qqo Xiieuos~ad lou s~ (q) oql ~apun Xliadoxd oq] ur ]soialtn s,Iou~is-oa o} Xaauoa ~ue " ' · . . · . il [ lue~ aSe~:l_[om sFp Su[u~?oa si (u) :(,AouSWoa,, u) aloN oql olnaoxa lou saoP lnq luamn.qsuI AlpnaaS s[ql su~s-oa oqat~o~onofl ~tm '~aaoamH .iemaos ptm lu[ofoq iluqs Xl~l[qu[i puc suope~}lqo s,iaaxo~ioa leql soa~ pu~ ',(pmuo.t ~o ltl~ Xue JO os)alaxo aql 9pnlaa~d ~ J~ ~aa~,~ u aq lou lluqs 'onp uaql lnnomu mil umll ssaI slunoum m ~o ~oa~d.uo~ jo lsa~aluI m s.~ossaaanS ~o sa[l'[.luo 'suos~ad P~Fll moJj s:luam~ud jo aanuldaa~, sAapua~ 'ho~lel~mq lnoqlD~ '~mpn/am ~pama.~ Jo ltl~]J ~ne ~urs[alaxo miapuaq Xqaaueieaqmj ,{uV .jaamJjofl jo ]sal~ltl~ u'l lmq~V° atll ~q~tJmupue~p ~uu jouosea.r Xqluatunilsni ~lpnaag s]ql gqpa~oas sums attl jo-uo~luz[llom. lsu[e~e s~n~p*oaoldaauommoa o] po.m~ha~ oq lou lleqs Jopuoq 'iaaXo.nofl jo isaioluI m s.l~ssaaallg Aml .~o ~oaxonofl jo Xl~l[qu~i mp oSnalO~ olal(~zado ]ou [[mlS :toam.uofl jo ]so~alUl m ~optmq ~qpoluu.~luomn~lsui ~]nn~oS s~t{l Ac omaos stuns at I otloll~Zlljtfltlu jo . ' · lP IJ . ~.. . 16. Governing Law; Severabi!ity; Rules of Construction. This Security Instrument shall be governed by federal law and the law 0f the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subiect to any requirements and limitations of Applicable Law. Applicable Law might explicitly or impliciily allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreementby 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 Instrumentor 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; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discreiion 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 Benelicial Interest in Borrnwer. As used in this Section 118, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferredin a bond for deed conlract for deed installmdnt 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 Interestin the Property is sold or transferred (or if Btm(rower is not a natural'person and a beneficial interest in Borrower is sold or transferred)without Lender s prior written consentl Lender may require immediate payment in fifll of all sums secured by this Security Instrmnent. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Ii' 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 (late the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, l_,cnder may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleratim~. If Borrower ~neets certain conditions, Borrower shall have the right to have enforcement of this Security instrument disconlinued at auy time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrmnent; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that: Borrower: (a) pays Lender all' sums which then would be due under this Security Instrmnentand the Note as if no accelerationhad 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 Instn~ment; and (d) takes such action as Lender rnay 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 continueunchanged. Lendermay require that Borrowerpay such reinstatementsums 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 check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrnmentality or entity; or (d) Electronic Funds Transfer. Upon reinstatementby Borrower, this Security Instrumentand obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall m)t apply in the case of acceleration under Section 18. 20. Sale of Note; Change el' 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 Perlt~dic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations tinder the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servi~cer unrelatedto a sale of the Note. If there is a change of the Loan Servicer, Borrowerwill 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 MFWY7770 (11/00) / 041-333755-1 /gt,'5~i~,t2/ tooosLo] ~.~,,~of~5 Form 3051 1/01 requiresin connection with a notice of transfer of servicing. If the Note is sold and thereafterthe Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferredto a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note Imrchaser. 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 Instrumentor that alleges that the other party has breachedany provision of, or any duty owed by reasou of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirementsof 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 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 provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following snbstauces: 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 federallaws and laws of the jurisdiction where the ldroperty is located that relate to health, safety or environmentalprotection; (c) "Enviromnental Cleanup" includes any response action, remedial action, or removal action, as defined iii Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleannp. Borrower shall not cause or permit t'he presence, use, disposal, storage, or release of any Hazardous Substances, or threatento release any HazardousSubstances, on or in the Property. Borrmver shall 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 EnvironmentalCondition, or (c) which, due to the presence, use, or release of a HazardousSubstance, creates a condition that adversely affects the value of the l'roperty. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that a~e 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 prmnptly 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 Law of which Bor'rower has actual knowledge, (b) any EnvironmentalCondition, 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 HazardousSubstance 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 remediation of ~ny HazardousSnbstanceaffecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with EnviromnentalLaw. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. MFWY7770 (11/00) / 041-333755-1 (~-6A(WY) NON-UNIFORMCOVENANTS. 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 agree~nent in this Security lnstrmnent (but not prior to acceleration under Section 18 nnless Applicable Law provides otherwise). The notice shall specit~: (a) the dethult; (b) the action required to cure the default; (c) a date, not less than 30 days fi'om 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 or' the Property. The notice shall fitrther inform Borrower of the right to reinstate atier acceleration and the right to bring a court action to assert the non-existence of a dethult or any other defense of Borrower to acceleration and sale. It' the delhnlt is not cured on or before the date specitied in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrmnent without fl~rther demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entlitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, iucluding, b'ut not limited to, reasonable attorneys' fees and costs of title evidence. It' Lender invokes the power of'sale, Lender shall give notice of intent to forecluse to Borrower and to the person in possession of the Property, if ditl'erent, 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, anti 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, lint not limited to, reasonable attorneys' fees; (b) to all sums secured hy this Security Instrument; and (c) any excess to tile person or persons legally entitled to it. 23. Release. U'ponpayment of all sums securedby this Security Instrument, Lender shall release this Security Instrnment. Borrower shall p~iy any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services renderedand 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 exempt:ion taws of Wyoming. MFWY7770 (ll/00) / 041,-333755-i :,~-~ 6A(WY) looosLo~ ~.~o~S Form 3051 1/01 BY SIGNING BELOW, Borroxver accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with il. Witnesses: ,.,::.,.' :-.' .... _ ~, a ) R O,~'R/~. COLES -Borrower DIANA K. COLES " -Borrower (Seal) ~ (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (S al) -Borrower -Borrower MFWY7770(11/00) / 041 333755-1 {~}~6A(WY) looo5t.o~ Page',aof~5 Form 3051 1/01 STATE OF WYOMING, Lincoln County ss: The foregoing instrument was acknowledged before me this E, th day of Decerr~ber2001 by ROGER J, COLES AND DIANA K. COLES, HUSBAND AND WIFE My Commission Expires: ~ -/$~-0.5 }} County of ~.'~ State of JJ [~on Expires September 18, 2003 .j~ MFWY7770 (11/00) / 041-333755d m~.~ .......... (~.e-6A(WY) Iooom.o'~ P.9. is o* is ~--'~/' Form 3061 1/01 04015455 RELEASE' OF MORT6AOE THIS CERTIFIES ti]at a certain Real Estate Mortgage executed by Roger J. Coles and Diana K. Coles, husband and wi.fe to Ernest T. Coles and Bettie Coles, husband and wife dated June 3, 1993 and recorded in the office of the County Recorder'of Lincoln ~ County, state of Wyoming on June 7, '1993 filing no. 765947 in book 330 of P.R. at page 109 thereof, and for the sum of $ 54,000.00 N~ of ]_et 1, Viewmont Subdivision, Lincoln County, Wyoming, according to that plat filed July 2, 1980 as Instrument No. 5./+2005 in the Office of the LincOln County Clerk. has been fully sa:tisfied by the payment of the debt ~ecured thereby, an.d. is hereby cancelled and .discharged. WITNESS my hand this [~ r~ day of ~t~v ~ A.D. 19 Signed i11 the presence of Bet. tie Coles STAT~ OF ~ County of ~o~ ~ss' RECORDING DATA /~ Entry No. , Fee $ Onthe_ dayof a.~an~ A.D. 19 9.7 personally appeared before me ~CO~ED ~ _ INDEXED ~ Ernest T. Coles and Bettie Coles PLATTED ~ ABSTRACTED~ COMPARED ~ DELIVERED the signer S of the within instrument, who duly acknowledged to me that they executed the same. CommBs'ion ex'ires:' .XT/-~/-fY Notary Public :. Residing in ~[~ ~~ LAND TITLE COMPANY