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HomeMy WebLinkAbout890277After Recordin/~ Return To: FIRST NATIONAL BANK-WEST PO BOX 1620 AFTON, WY 831'10 RECEIVED Li~4COLr;../ OOLJNTy CLERK 0'5 7 6 o2, 29 9:o3 t(EMMER£R. PR PAGE °.~2~- - . [Space Above This'Line For Recording Data] ' MORTGAGE ' 'RECEIVED D~FnXriT~ONS 'LINOOLN OOUNTY CLER}< - ~'"~ -- Words used in multiple sections of tiffs document are defined b and Bther words are defined in Secfim~ 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in tiffs document are also provided in Section 1657 ~ (A) "Security Instrmnent'means dfis document, which is dasd April 22, 2002 )toge~er with all Riders to ~s document. ' ¢) "Borrower'is ALAN R. HADERLIE AND VALERIE J. HADERLIE, HUSBAND AND WIFE Borrow er is the mortg ag or under this Security h~strument. (C) "Lender' is'FIRST NATIONAL BANK-WEST Lender is a A NATIONAL BANKING ASSOCl the laws of UNITED STATESOF AMERICA 1001 MAIN ST,, EVANSTON, WY 82930 organized and existiug under · Lender+s address is . Lender is the mortgagee under this Security Iustrument. (D) "Note' means the promissmy note signed by Borrower and datedApril 22, 2002 ' . The Note states thatBorrower owes Lender Ei§hty Six Thousand and nolO00 Dollars ,(U.S. $ 86,000.00 ) plus interest. Borrower has promised to pa), tiffs debt in regular Periodic Payments and to pay the debt in full not later fl~an Mag 01, 2017 (E) "Property' means the property that is described below under the heading "Transfer of Rights in the Property." (F) "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 tiffs Secm'ity Instrumenk plus interest. (G) 'Riders~ means all Riders to this Secvrity Inslrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ~] Adjustable Rate Rider I ] Condominium Rider [~.Second Home Rider ~] Balloon Rider [~ Plmmed Unit Development Rider ~] Other(s) [specifyl NOTE[~ l-4Fau}ily/R'~r~O~Thi '"' '" ' ~:~[]]~] Biweekly Payment Rider . : s serv~'~,7:'t~ correct that certain mortgage recorded april 29, 2002 tn Book /488PR on page 291 of the records of the Lincoln County Clerk correcting the legal description. WYOMING" Single Family" Famfie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 1678L(0011) (t:'agel of II pages) Form 30511/01 G REATLANI~ To Order Calk 1- 800- 530ql~B3x: 616-791-1131 O DO'Z 7? ! 0 8 i% (R) "Applicable Law' means all conk'ollin~ applicable federal, s~te and local sta~tes, r~$ula~o~, ordinances and' adminis~-afive roles and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. 0) "Com~nunity Association Dues, Fees, and Assessments' means all dues, fees, assessments and other charges ~at are imposed on Borrower or the Prope~ by a condominit~ association, homeowners association or Similar orga~zafion. (J) 'Electronic Funds Transfer'means any ~'ansfer of funds, o~er than a ~ansaction originated by check, draf~ or similar paper ins~menL ~lfich is initiated fl~rough an elec~o~c terminal, telepho~c insmunent, computer, or magnetic tape so as to order, insO~cL or authoriz~a financial insfi~fi0n to debit or credit an account Such ~nn inclndes, but is not'limited to, Point-of-sale ~ansfers, automated teller maclfine ~ansacfions, ~ansfers initiated by telephone, wire ~'ansfers, and automated clearinghouse ~'ansfers. ~) "Escrow Items' means fl~ose items flint are described in Section 3. ~) "Miscellaneous Proceeds' means any compensation, se~lemenq award of damages, or proceeds paid by any pm~y (off, er than insurance proceeds paid under d~e coverages described in Section 5) for: (i) damage to, or des~'uction of, fl~e Property (ii) condemnation or o~er raking of all or any pa~ of ~e ProperS; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, d~e value and/or condition of the Pr0pe~. ~) "Mortgage Insurance'means insurance protecting Lender against ~e nonpayment of, or default on, the Loan. ~ "Periodic Payment' means fl~e regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amoun~ under Section 3 of~is Securi~ Ins~ument. (O) "RESPA' means ~e Real Es~te Se~lement Procedures Act (12 U.S.C. ~2601 et seq.) and i~ implementing regulation, Regulation X (24 C.F.R. Part 3500), as fl~ey might be amended from time to time, or any additional or successor legislation or regulation flint governs ~e same subject ma~er. As used in Otis Securi~ Ins~ment, "~SPA' refers to all requiremenB and res~ictions that are imposed in regard to a "federally related mm~gage loan' even if fl~e Loan does not qualify as a "federally related mo~gage loan' ~der ~SPA. ~) "Successor in Interest of Borrower'means any pax%, that has taken title to fl~e ProperS, whether or not flint pmV has assumed Bon'ower+s obligations under fl~e Note and/or tiffs Securi~ Ins~ment. 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 B orrower+s covenants and agreements under this Security h~strument and the Note. For ' this purpose, Bon'ower does hereby mortgage, grant and convey to Lender and Lender+s successors and assigns, with power of sale, the fQllowing described property located in the TOWN OF AFTON [Type of Recording Jurisdiction] of COUNTY OF LINCOLN · [iqa, me of Recording Jurisdiction] ATTACHED EXHIBIT "A" ~vhich cun-ently has the address of 84344 S. HVVY 89 [Street] AFTON Wyoming 83110 ("Property Address'): [City] ' [Zip Code] TOGETHER WITH all d~e improvements now or hereafter erected on the propezly, 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 Instrmnent. All of the foregoing is referred to in this Security Instrument as the "Property.' WYOMING" single Family" Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 G R E ATLA h,~J ITEM 1678~_(0011) (Page2 of]]pages) To Order Call: 1-800-530-~38ax: 616-791-1131 BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is tmencumbered, except for encumbrances of record. BO]Tower warrants and will defend generally the title to the Property against all claims and demands, subject to auy . 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. B on'ow er and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late ChargcBorrower 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. cnrrency. However, if any check or other instrument received by Lender as payment under the Note or tiffs 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, ~'easurer+s check or cashier+s check, provided any 'such check is ch'awn upou 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 accordance with the notice provisions in Section 15. Lender ]nay retu. rn any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may ac'eept an), payment · or pat~al 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 ai the time such payments are accepted. If each P~riodic Payment is applied as of its sci]eduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied fnnds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim wlfich 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 Instnnnent. 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 Note; (b) principal due under the Note; (c) amounts due uuder Section 3. Such payments shall be applied to each Periodic Payment in the order in wttich it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Inslrument, and then to reduce the principal balance of the Note. If Leuder receives a payment fi:om Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay auy 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 Paylnents if, and to the extent that, each payment can be paid in fldl. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due 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 "Fnnds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over tlfis 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 auy stuns payable by Bon'ower 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 term of the Loan, Lender may require that Commnnity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Bon'ower+s obligation to pay the Funds for any or all Escrow Items. Lender may waive WYOMING" Single Fmnily" Fannie Mae/Freddie Mac UNIFORM INSTRUMENT liE M 16783_(0011) ' (Page3 of II pages.) For,n 3051 1/01 G R EATLAi'~} To Order Call: 1-800-530-~731~x: 616-791-1131 Bon'ower+s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Bon'ower shall pay directly, when and where payable, tile amounts due for any Escrow Items for which payment of Fuuds has been waived by Lender and, if Lender requires, shall furn/sh to Lender receipts evidencing such payment witlfin such time period as Lender may require. Borrower+ s obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrumenh as the phrase "covenant and agreement' is used iu Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this' Section 3. Lender 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 sbalt estimate the amount.of Funds due on the basis of current data and reasonable estitnates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. Tbe Funds shall be held in all institution whose deposits are insured by a federal agency, instrumentality or enti.ty (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, ammally 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 agreement is made in writing or Applicable Law requires in[erest to be paid oil the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. BOrrower ~nd Lender can agree in writing, however, that interest shall be paid on thel Funds. Lender shall give to Borrower, without charge, au aramal 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 shortage of F~mds held itl escrow, as defined under RESPA, Lender shall notify Borrow. er as required by RESPA, and Borrower shall pay to Lender the amount necessary to inake up the shortage itl 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 necessmy to make up the deficiency in accordance with RESPA but iu 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 aa'ibutable to the Property wlfich can attain priority qver this Security Instrument, leasehold payInents or ground rents on the Property, if any, and Cmnmunity A. ssociation Does, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in {he manner provided in Section 3. B on'ower shail'promptly discharge auy lien wbich has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of tile obligation secured by the lien in a maturer acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings wlfich 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 fi-om the holder of the lien an agreement satisfactory to Lender subordinating the lien to tiffs Security Instrument If Lender determines that any pal1 of the Property is subject to a lien which cau attain priority over this Security Instrument, Lender may give B on-ow er a notice identify lng the lien. Within 10 days of the date on which that notice is given, Borro~ver 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 l'epo~(ng service used by Lender in com~ection with tlfis Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured agains't loss by fire, hazards included within the term "extended coverage,' and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for tile periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during tile tram 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 Bon'ower to pay, in connection with rios 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 cel~ification services and WYOMING" Single Family" Fannie Mae/Freddie Mac UNIFORM INSTRIB'IENT ITEM 167~4_(0011) (Page4 of ll pages) Form 3051 1/01 G R EATLA[,~) To Order Call: 1-aoo-53o-2~lJ:~x: 616-791-1131 OS O;e?T I ! 1 subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for ~e payment of any fees imPosed by ~e Federal Emergency Management Agency in co~ecfion wi~ the review of any flood zone determination resulting from an objection by Bo~ower. If Borrower fails to maintain any of fl~e coverages described above, Lender may obtain insurance coverage, at Lender+ s option and Borrower+s expense. Lender is under no obligation to purchase any pm~icular wpe or'amount of coverage. ~erefore, such coverage shall cover Lender, but might or might not protect B m~ower, B orrower+s equiw in the Prope~, or the conten~ of fl~e ProperS, agai~t any risk, hazard or liabiliw and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges flint ~e cost of the insurance coverage so obtained might sig~ficantly exceed fl~e cost of insmance fl~at B o~ower could have obtained. ~y amoun~ disbursed by Lender under tiffs Section 5 shall become additional debt of Bon-ower secured by this Sect=i~ Ins~ment. ~ese amom~m shall bern' interest at the Note rate from fl~e date of disb~sement and shall be payable, wi~ such interesh upon notice from Lender to Borrower reqnesfing 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 mo~gagee and/or as an additional loss payee. Lender shall have ~e right to hold the policies and renewal certificates. If Lender requires, B on'ower shall promptly give to Lender all receipts of paid premimns and renewal notices. If Borrower obtains any form of insurance coverage, not · o~erwise required by Lender, for damage to, or desm~ction of, the Prope~, such policy shall include a standard mortgage clause and shall name Lender as mo~gagee anWor as. an additional loss payee. In fl~e event of loss, Borrower shall give prmnpt notice to the insurance can'ier aud Lender. Lender may make proof of loss if not made promptly by Borrower. U~ess Lender and Bo~ower othe~ise agree in writing, any i~urance proceeds, wi!ether or not ~e underlying iusm'ance was required by Lender, shall be applied to restoration or repa/~=_of Ibc Prope~W, if the restoration or repair is economically feasible and Lender+s securi~ is not lessened. Dm'lng such repair and restoration period, Lender shall have fl~e right to hold such insurance proceeds ulifil Lender has had an opporami~' to inspect such Proper~ to ensure ~e work has been completed to Lender+s satisfaction, provided that such inspection shall be undertaken ' promptly. Lender may disb~se proceeds for the repairs and restoration in a single payment or ina series of progress paymen~ as ~e work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such i~urance proceeds, Lender shall not be required to pay Bogower any interest or eanfiugs on such proceeds. Fees for public adjusters, or o~er third parties, retained by Borrower shall not be paid out of fl~e insm'ance proceeds and shall be fl~e sole obligation of Bo~Tower. If fl~e restoration or repair is not economically feasible or Lender+s security-would be lessened, fl~e insuranceproceeds shall be applied to fl~e sums secured by this SecuriW Imn'umenh whether or not fl~en due, wi~ fl~e excess, if any, paid to Borrower. Such insUrauce proceeds shall be applied in the order provided for in Section 2. If Borrower abandons fl~e ProperS, Lender may file, negotia~ and scale any available insurance.claim and related ma~ers. If Borrower does not respond within 30 days to a notice from Lender ~at fl~e insurance cmTier has offered to se~le a claim, fl~en Lender may negotiate and scale fl~e claim. ~e 30-day period will begin when fl~e notice is given. In either evenh or if Lender acquires fl~e PropmV under Section 22 or ofl~mwise, Bo~ower hereby assigns to Lender (a) Borrower+s righ~ to any insurance proceeds in an amount not to exceed the amounB unpaid under the Note or tNs SecuriN Ins~'umenh and (b) any other of Borrower+s righ~ (off, er fl~an fl~e right to any refined of unearned premiums paid by Bm~ower) under all insurauce policies covering fl~e ProperS, insofar as such righ~ are applicable to ~e coverage of the Prope~V. Lender may use fl~e insurance proceeds either to repair or restore ~e Proper~ or to pay amo~ unpaid under fl~e Note or ~s Securi~ Ins~menk whefl~er or not ~en due. 6. Occupancy. Bon'ower shall occupy, establish, and use fl~e Prope~ as Borrower+s principal residence within 60 days after the ~xecufion of ~s. Securi~ Instrument and shall continue to occupy the Prope~V as Borrower+s principal residence for at least one year after the date of occupancy, unless Lender o~e~ise agrees in writing, wlfich consent shall not be um'easonably withheld, or unless extenuating circumstances exist which are beyond Borrower+ s con~'ol. 7. Preservation, Maintenance and Protection of the Property; InspectionsBorrower shall not des~'oy, damage or impair the Propers, allow the Prope~ to deteriorate or commit waste on fl~e ProperS. ~e~er or not Borrower is residing in the Prope~, Borrower shall maintain the Prope~ in order to prevent the Proper~ from deteriorating or" decreasing in value due to iB condition. U~fless it is determined pursuant to Section 5 that repair or restora~on is not economically feasible, Borr6wer shall promptly repair fl~e Prope~ if damaged to avoid fm~er deterioration or damage. If insurance or condenmation proceeds are paid in connection wifl~ damage to, or fl~e raking of, the PropmV, Borrow er shall be respomible for repairing or restoring the PropmV o~y if Lender has released proceeds for such pu¢oses. Lender may disburse proceeds for fl~e repairs and restoration in a single payment or in a series of progress paymenB as fl~e work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore fl~e Prope~, Bon'oxver is not relieved of B orrower+s obligation for fl~e completion of such repair or restoration. WYOMING" Single Family" Fannie Mae/Freddie Mac LrNIFORM INSTRUMENT ITEM 16785_(0011) (Page5 of l l .aces) Form 3051 1/01 g R EATLAF~) To Order Call: 1-~00-5~n_~'~,,. ~5-791-1131 Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Bm'rower+s Loan ApplieationBon'ower 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 co~tsent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with ~naterial information) in co~mection with the Loan. Material repres entatio~ iuclude, but are not limited to, representations concerning Borrower+ s occupancy of the Property as Borrow er+ s principal residence. 9. Protection of Lender+s Interest in the Property and Rights Under this Security Instrumedf.(a) Borrower fails to perform the covenants and agreements contained iu tlfis Security Instrument, (b) there is a legal proceeding that might significantly affect Lender+s interest in the Property and/or rights under this Security Instrnment (such as a proceeding in bmP, ruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Ins~'ument or to enforce laws or regnlations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender+s interest in the Property and rights under tltis 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 wtfich has priority over this Security h~strmnent: (b) appeariug 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 ~nake repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under tlfis 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 uuder 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 tlfis Security Instrument is 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 unless Lender agrees to the merger in writing. 10. Mortgage Insurance.If Leuder 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 Ivlortgage Insurance coverage required by Lender ceases to be available fi'om the mortgage insurer that previously provided such insm'ance and Borrower was required to make separately designated payments toward the premiums· for Mortgage Insurance, Bon'ower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurauce 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 b~;:Lender._, If substantially equivalent Mortgage Insurance coverage is not available, Bon'ower shall continue to pay to Lender the amount of the separately designated payments that were due when the ins urance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refimdable 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 eanfings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insm'er selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the pr'emiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Bon'ower was required to make separately designated payments toward the premiums for Mortgage Iusurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effec_t, or to provide a non-refundable loss reserve, until Lender+s requirement for Mortgage Insurance ends in 'accordance with auy written agreement between Bon'ower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in tlris Section I0 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 celXain losses it may incur if Borrower does not repay the Loan as agreed. B on'ower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other proxies that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insm'er and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds tha_t the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). WYOMING" Single Family" Fannie Mae[Freddie l~lac IrNIFOI~,M INSTRUMENT Form 3051 1/01 GREATLA~ ITEM 167ffi_(0011 ) ~age6 o~]] J~aooe$,) To Order Call: 1~800-530-~t~g~x: 616-791-1131 As a result of these agreements, Lender, any purchaser of tile Note, another insurer, any reinsurer, any other entity, or auy affiliate of ally 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 h~ exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance.' Further: (a) Any snch agreements will not affect tile 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 ~nay include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture,All Miscellaneons Proceeds are hereby assigned to and shall be paid to Leuder. 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. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds uutil Lender has had an opportunity to inspect snch Property to ensure tile work has been completed to Lender+s satisfaction, provided that such inspection shall be nndertaken promptly. Lender may pay for tile 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 shch Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender+s security .would be lessened, the Miscellaneous Proceeds Shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security hmt~-ument, whether or uot then due, wifl~ fl~e excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than ti~e amonnt of file sums secured by this Security Instrument immediately before file partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sulns 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 file sums secured imlnediately before tile partial taking, destruct/on, or loss in value divided by (b) the fair market value of the ~operty immediately before the partial taking, destruction, or loss ill value. Any balance shall be paid to Borrower. Ill the event of a pm~al taking, destruction, or loss in value of the Property in wlfich the fail' market value of the Property immediately before the part4al taking, deslrucfion, or loss in value is less than the amount of the sums secm'ed immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender othem, ise agree in writing, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrmnent whether or not the sums are then due. If file Property is abandoned by Borrower, or if, after notice by Lender to Bon'ower 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, Lender is aufllorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of file Property or to the shins secured by tiffs Security InsU'mnent, whether or not fllen due. "Opposing Party' means the third palx'y timt owes Bon'ower Miscellaneous Proceeds or the party against whmn Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in defanlt if any action or proceeding, wliether 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 tile Property or rights under this Security Instrument. Bmzower can cure such a default and, if acceleration has occurred,, reinstate as provided in Section 1~, by causing the action or proceeding to be dismissed with a ruling that, in Lender+s judgment, precludes forfeittu'e of the Property or other material impairmeut of Lender+s iuterest in the Prope~ or rights under this Security Instrument. The proceeds of any award or claim roi' damages that are attributable to the impairment of Lender+s interest in the Property are hereby assigned aud shall be paid to Lender. Ail Miscellaneons Proceeds that are not applied to restoration or repair of the Property shall be applied in the order prov!ded for in Section 2. WYOMING" Single Family" Fannie Mae/Freddie Mac UNIFORM INSTRU3'IENT Form 3051 1/01 G R EATLA bID ITEM 16787K(0011) ('Page7 of]] oases) To Order Call: 1-800-5~n '~.%~. ~16-791-1131 1!4 12. Borrower Not Released; Forbearance By Lender Not a WaiverExtension of the time for payment or modification of amortization of the sums secm-ed by this Security Instrument granted by Lender to Borrower or auy Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Bon'ower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend t/me for payment or othmwise modify amortizat/on of the sums secured by llfis 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 flxird persons, entities or Successors iu Interest of Borrower or in amounts less than the amount fl~en due, shall not be a waiver of or preclude the exercise of any right oi' remedy. 13.· Joint and Several Liability; Co-signers; Successors and Assigns BountBorrower covenants and agrees that Borrower4-s obligations and liability shall be joint and several. However, any Bon'ower who co-signs tlfis Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Insa'ument only to mortgage, grant and convey the co-signer+s interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by tlfis Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations wiflt regard to the terms of this Security Instrument or the Note without the co-signer+ s consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower+s obligations under this Security Instrument in writin~g, and is approved by Lender, shall obtain all of Bor'rower+s rights and benefits tinder tiffs Security Instrument. Borrower shall uot be released from Bon'ower+s obligations and liability under tlfis Security Instrument m~less Lender agrees to such release in writing. The covenants and agreements of tlfis Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower+s default, for the purpose of protecting Lender+s interest in the Property and righls under this Security Insta'ument., including, but not limited to, altorneys+ 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 coustrued as a prohibition ou 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 maximmn loan charges, and that law is fiually interpreted so that tbe interest 'or other loan charges collected or to be collected in com~ection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected fi'om. Borrower which exceeded permitted limits will be refunded to Bmxower. 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 refnnd reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment' charge is provide~d for under the Note). Borrower+s acceptance of any such refund made by direct pay'ment to Borrower will constitute a waivei:.:o,f any right of action Borrower nright have arising out of snch overcharge. 15. Notices. All notices given by.Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Bm]:ower in colmection with this Security Instrument shall be deemed to have been given to Bon-ower when mailed by first class mail or when actually delivered to B orrower+s notice address if sent by other means. Notice to any one Bon'ower shall constitute notice to all Borrowers unless Applicable Law expressly requires othem, ise. 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 Bon'ower+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 Bon'ower. Any notice in connectiou with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Secm'ity Inslrulnent is also required under Applicable Law, the Applicable Law reqUirement will satisfy the corresponding reqnirement under tlfis Security Instrument. 16. Governing Law; Severability; Rules of ConstructionThis Security Instrument shall be governed by federal law and the law of the jurisdiction in wlfich the Prope~y is located. All rights and obligations contained in tlfis Security Instrmnent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow rile parties to agree by contract or it might be silent, but such silence shall not be construed as a pi'ohibition against agreement by contract. In. the event that any provision or clause o'f 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 provis ion. WYOMING" Single Family" Fannie Mae/Freddie Mac UNIFORM INSTRIB,IENT ITEM 16781_(0011) (Page8 of Il pages) Form 3051 1/01 G R EATLAh~) To Order Call: 1-800-53041~[1;~x: 616-791-1131 As used in tiffs Securi~ Ins~unent: (a) words of fl~c masculh-te gender shall mean and include cor~spo~ding neuter words or words of fl~e feminiue gender; ~) words in the singular shall mean aud include ~e plural and vice versa; and (c) the word "may' gives sole discretion wiflmut mW obligation to bke any action. I7. Borrower+s CopyBorrower shall be given one copy of the Note and of tlfis SecuriW Insbument 18. Transfer of the Property or ~ BeneficiM Interest in BorrowerAs used in fids Section 18, "Interest in ProperW' meaus any legal or beneficial interest in the Prope~, including, but not limi~d to, fl~ose beneficial interests transferred in a bond for deed, con~act for deed, i~tallment sales con~act or escrow agreemen~ the intent of which is ~'ansfer of title by B o~ower at a furore date to a pm'chaser. If all or any pa~ of the Prope~ or any Interest in fl~e Prope~ is sold or bansferred (or if B0n'ower is not a na~ral person and a beneficial interest in Bo~ower is sold or ~'ansfe~ed) wi~out Lender+s prior wri~en consen~ Lender may require immediate payment in fidl of all sums secured by ~is Securi~ Ins~ment However, t~s option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Leuder shall give Borrower notice of acceleration. ~e notice shall provide a period of not less fl~an 30 days fi'om fl~e date fl~e notice is given in accordance wi~ Section 15 wiflfin w~ch Bo~ower must pay all sums secured by tiffs Securi~ Ins~ument. If Borrower fails to pay fl~ese sums prior to fl~c expiration of tiffs period, Lender may invoke any remedies pertained by ~is Securi~ Ins~mnent without fu~er notice or demand on B o~ower. 19. Borrower+s Right to Reinstate After Aece[eratio~f Bo~ower mee~ ceztain conditions, Borrower shall have the right to have etfforcement of ~s Sccuri~ Ins~ument discontinued at any time prior to ~e earliest of: (a) five days before sale of fl~e Proper~ pursuant to any power of sale contained in tMs Securi~ I~ment; (b) such off, er period as Applicable Law might specify for fl~e termination of Bm~ower~s right to reinstate; or (c) cnw of a judgment e~orcing this SecuriW Ins~mnent. ~ose conditions are flint Borrower: (a) pays Lender all sums wtfich ~en would be due tamer this Securi~ InsOlent and ~e Note as if no acceleration had occurred; ¢) cures any default of any other covenant' or agreement; (c) pays all expenses inc~m'ed in enforcing fids Securi~ I.ns~en~ including, but not limited to, reasouable aaomeys+ fees, propm~ inspection and valuation fees, and off,er fees incu~ed for the pu~ose of protecting Lender+s interest in ~e Prope~V and rights ~der tiffs Securi~ Ins~'ument; and (d)takes such action as Lender may reasonably require to assure ~at Lender+s interest in tbe Prope~ and rights under this Securi~ hmbument, and Bon'ower+s obligation to pay ~e snms secured by Securi~ Ins~'umenL shall continue unchanged. Lender may require flint Borrower pay such reinstatement stuns and expenses in one or more of ~e following forms, as selected by Lender: (a) cash; ~) money order; (c) certified check, bank check, ~;easure~s check or cashier+s check, provided any such check is drawn upon an insfib~fion whose deposi~ are insured by a federal agency, insbumentali~ or enfi~;:or (d) Elec~onic Funds Transfer. Upon reinstatement by Borrower, tlfis Securi~ h~mnent and obligafigns secured hereby shall remain fully effective as if no acceleration had occurred. However, t~s right to reinstate shall not apply in fl~e case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance.~e Note or a pmtial interest in the Note (together wi~ tiffs Securi~ Insm~mefi0 can be sold one or more times without prior notice to Bm~ower. A sale might result in a change in Se enfi~ ~own as ~e "Loan Servicer') fl~at collecB Periodic Paymen~ due under fl~e Note and tlffs Securi~ Ins~'mnent and performs off,er mortgage loan servicing obligations under the Note, fills Securi~ Ins~-~eut, and Applicable Law. There also might be oue or more changes of ~e Loan Servicer m~elated to a sale of fl~e Note. If there is a change of Loan Servicer, Borrower will be given wri~en notice of fl~e change w~ch will s~te fl~e name and address of fl~e new Loan Servicer, ~e address to wlfich payments should be made and any off, er i~ozmafion ~SPA requires in com~ecfion with a notice of ~'ansfer of servicing. If fl~e Note is sold and fl~ereafler the Loan is serviced by a Loan Servicer other than purchaser of ~e Note, fl~e mor~age loan servicing obligatio~ to Bon'ower will remain wi~ ~e Loan Servicer or be ~'ansferred to a successor Loan Servicer and are not assumed by ~e Note purchaser u~ess o~e~ise provided by fl~e No~ purchas er. Neither Bon'ower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or · c member of a class) fl~at arises from the other pm~+s actions pursuant to t~s SecuriW InsU'ument or fl~at alleges that the off, er parW has breached any provision of, or any duty owed by reason of, tiffs Securib, Ins~-mnen~ until such Borrower or Lender has notified the off,er pa~ (wifl~ such notice given in compliance wifl~ fl~e requiremenb of Section 15) of such alleged breach and afforded the other pm~ hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period w~ch must elapse before ce~ain action can be ~ken, ~at time period will be deemed to be reasonable for pmpo'ses of tiffs paragraph. ~e notice of acceleration and oppor~ni~ to cure given to Borrower pursuant to Section 22 and fl~e notice of acceleration given to B o~ower pursnant to Section 18 shall be deemed to satisfy notice and oppomtniW to ~ke cm~ective action provisio~ of this Section 20. WYOMING" Single Family" Fannie Mae/Freddie Mac UNIFORM INSTRI~iENT ITEM 167~_(0011) (Page9 nf 1 ! Fm'm 3051 1/01 G R EATLA To Order Call: 1-800-5~n ~-m~... ~!6-791-1131 30[) 21. Hazardous Substances.As used in tiffs Section 21' (a) "Hazardous Substances' are those substauces defined as toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials contain/rig asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition' me-ans a condition that can cause, contribute to, or otherwise trigger an Enviromnen[al Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or tin'eaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anytlfing affecting the Property (a) that is in violation of any Enviromnental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Snbstance, creates a condition that adversely affects the value of the PropelS. The preceding two sentences shall not apply to the presence, nsc, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be approPriate to nom~al 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, clai~n, demand, lawsuit or other action by any governmental or regulatory agency or private par~ involving the Property and any Hazardous Substance 'or Enviroomental Law of which Borrower has actual lamwledge, (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, nsc or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govermnental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviromnental Law. Nothing herein shall create any obligation on Lender for an Enviromnental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall giYe notice to Borrower prior to acceleration following Borrower+s breach of any covenant or agreement in this Security Instrument (but not prior to acceleration nnder SeCtion 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) tile 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 default on m' before thedate specified in the notice may result in acceleration of the stuns secured by this Secnrity Instrument and sale of the Property. The notice shall further inform Borrower of the right, to r6instate after accele{ation and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its. option may require i~nmediate payment in full of all stuns secm'ed by this Secnrity Instrument without further~ltemand and may invoke the power of sale arrd any other remedies permitted by Applicable Law. Lender shall be i:fititled to collect all experts, es incurred itl pursuing the remedies provided itl 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 possessiou 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 ally sale. The proceeds of tile sale shall be applied in the following order: (a) to all expenses of the sale, inchlding, but not limited to, reasonable attorneys+ fees; (b) to all sums secored by this Security Instrument; and (c) a~ily excess to the person or persons legally entitled to it. 23. Release. UPon payment of all sums secm'ed by this Security Instrument, Lender shall release this Security Instrmnent. Borrower shall pay an.,,' recordation costs. Lender may charge Borrower a fee for releasing tiffs Security Instrmnent, but only if the fee is paid to a third party for services rendered and the chargiug of the fee is permitted under Applicable Law. 24. Waivers. Bon'ower releases and waives all rights mlder and by virtue of the homestead exemption laws of Wyoming. WYOMING". Single Family" Fannie Mae/Freddie Mac UNIFORM INSTRUMENT iTEM 1678L0(0011) (P age l O of I l pag es) Form 3051 1/01 G REATLAFI) To Order CaR: 1- 800- 530-~138~x: 616-791-1131 -, BY .SIGNING BELOW, Borrower accepts and agree~ to ~e terms and covenants contained m pages 1 through 11 ~i~; ~ecunty h?,~-ump,~and }? a~, Rider executed by Borrower and recorded with it , ~ . , ) ?; ...... . . .. ..<-) (Seal) -Borrower --(Seal) -Borrower ' (S'eal) (Seal') -nolTower -Borrower Witness: ~VE MORTGAG~ED BY LENDER: First ~~- West ' - State o f WY ) County Of LINCD.LN ) ss The foregoing insn'ument Was acknowledged before me byALA-N R. HADERLIEi VALERIE J. HADERLIE dais 22 day of April, 2002 Witness m5, hand and official seal. PENNY JO~,~ Notary Public My commission expires:September 18, 2003 WYOMING" Single Family" Fannie MadFreddie Mac UNIFORM INSTRUMENT ITEM 1676'L1 (0011) (Pagell Form 3051 l/O1 G R E ATkA I,~) To Ordsr Call: 1-000-537 -- ..... -791-1131 State of Wyoming ) )SS County of Lincoln ) 118 The foregoing instrument was acknowledged before me by Alan R. Haderlie and Valerie J. Haderlie this ~k.] day of May, 2003. Witness my hand and official seal. I~ County of i~J,'~ State of I/ Lincoln ~ Wyoming JtMy Commission Expires February 9, 2005.Jl Notary Public My Commission Expires- o ~- (~ c//_ c3.5 -- State of Wyoming ) )ss County of Lincoln ) On this ~k ] of May, 2003, before me personally appeared ~'~,-/,~/ Dz,,~e'.5 to me personally known, who, being by me duly sworn, did say that she is the Vic/e President of First National Bank - West and that said instrument was signed on behalf of said cOrporation by authority of its Board of Directors and said Vice President acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and notarial seal this ~L / day of May, 2003. ILoNALD S STALE~b,Not~ County of ~,"~ State of LJnco,n ~ Wyoming II remission Expires~~ Notary Public My Commission Expires: EXHIBIT A That part of the NE~SE~fi of Section 36, T32N Rll9W and that part of the NW~,~SW~fi of Section 31, T32N Rll8W, within the Incorporated Limits of the Town of Afton, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 338PR on page 621, described as follows: Beginning at the southwest point of said tract; thence S 89o23'59'' E, 309.00 feet, along the south line of said tract, to a position; thence N 14o13'54'' E, 129.00 feet to a position; thence N 85o18'04'' W, 344.00 feet to a position on the west line of said tract; thence S 00°49'12" E, 150.00 feet, along said west line, to the point of beginning.