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HomeMy WebLinkAbout89308032-- Recording requested by: Wells Fargo Bank N.^. Wells Fargo Home Equity 7185 Vista Drive West Des Moines, Iowa 50266 When recorded return to: Wells Fargo Bank N.A. Wells Fargo Services Co. Consumer Loan Servicing Center P.O. Box 31557 Billings. MT 59107-9900 State of Wymuhlg 893080 RECEIVED LINCOLN t,Ot, NTY CLERK 037F?-2 ?Ii t~:31 BOOK ~33PRP^Gt~ 41 0 Space Above lids Lhle For Recording Date MORTGAGE 65402739881998 (With Future Advance Clause) DATE AND PARTIES. The date of this Deed of Trust ("Security Instrument") is 26 August 2003 and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: SHANE BROWN, AND HEIDI J BROWN. HUSBAND AND WIFE ,¸ ~-1 If checked, refer to the attached Addendum incorporated herein, Ibr additional Mortgagors their sig~mtures and acknowledgments. LENDER: Wells Fargo Bank N.A. 420 Montgomery Street San Francisco. CA 94104 CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with power of sale, the following described property: See attached Exhibit A The property is located in Li ncol n FAIRVIEW (City) WYOMING - MASTER FORM MORTGAGE LEWY1 1o2~o} at 634 N COUNTY RD 142 (County) (Address) , Wyoming 83119- 0000 (Zip Code) Page 1 of 8 ~ ~o~o~o~ ~o,~ - ,.oo,~,-~,, 20031907800231 411 Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now or at any time in the future be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instru~nent at auy one time shall not exceed $25,000.00 . This linfitation of amount does not include interest and other fees and charges validly nmde pursuant to this Security Instrument. Also, this limitation does not apply to advances nude under the terms of this Security Instrument to protect Lender's security and to per/brm any of the covenanks contained in fids Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of the proufissory note, revolving line of credit, contract, guaranty or other evidence of debt dated 8/26/2003 together with all amend~nents, extensions, modifications or renewals. The maturity date of the Secured Debt is 9/20/2013 B. All future advances fi'om Lender to Mortgagor under such evidence of debt. All future advances are secured as if made on the date of this Security Instrument. Nothing in this Security Agreement shall constitute a cormnitment to ~nake additional or future loans or advances wlfich exceed file amount shown in Section 3. Any such conmfitment nmst be agreed to in a separate writing. C. All stuns advanced and expenses incurred by Lender for insuring, preserving or otherwise proteCting the Property and its value and any other sums adwmced and expenses incurred by Lender under the terms of this Security Instrument. 5. PAYMENTS. Mortgagor agrees that all paymenk~ under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Irkgtrument. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on fire Property, Mortgagor agrees: A. To make all pay~nents when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the bolder. C. Not to allow any modification or extension of, nor to request auy future advances under any note or agreement secured by the lien document without Lender's prior written coment. · 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assess~nents, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender nmy require Mortgagor to provide to Lender copies of all notices that Such amounts are due and the receipts evidenciug Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of the Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor nmy have against parties who supply labor or nmterials to nmintain or improve the Property. 8. DUE ON SALE OR ENCUMBRANCE. Upon sale, tratksfer, hypothecation, assignment or encumbrance, whether voluntary, involuntary, or by operation of law, of all or any part of the Property or any interest therein, then at its sole option, Lender may, by written notice to Mortgagor, declare all obligations secured hereby immediately due and payable, except to the extent that such acceleration for and in such particular circumstances where exercise of such a right by Lender is prohibited by law. 9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that am reasonably necessary. Mortgagor shall not conmfit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds aud grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written cousent. WYOMING - MASTER FORM MORTGAGE LEWY2 Page 2 of 8 20031907800231 ::}:' ;. ;:: :' :: Mortgagor will notify Lender of all demands, proceedings, clainks, and actions against Mortgagor, and of any loss or danmge to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or betbre an inspection ~ecifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 10. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security 'Instrument, Lender may, without notice, perform or cause theln to be pertbrmed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perlbrm for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the ProPerty is discontinued or not carried on in a reasonable rammer, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys, mortgages and warrants to Lender as additional security all the right, title and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and renL% issues and profits (all referred to as "Rel~tS"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Ii~strument. Mortgagor agrees that tiffs assigmnent is inunediately effective between the parties· to this Security Instrument. Mortgagor agrees that tiffs assigmnent is effective as to third parties when Lender takes affirmative action prescribed by law, and that this assignment will remain in effect during any redemption period until the Secured Debt is satisfied. Mortgagor agrees that Lender may take actual possession of the property without the necessity of conunencing legal action and fl~at actual possession is deemed to occur when Lender, or its agent, notifies Mortgagor of default and de~nands that any tenant pay all future Rents directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not conmfingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no de/hult exists under the Leases or an3, applicable landlord/tenant law. Mortgagor also agrees to nmintain arid require any tenant to comply with the terms of the Leases and applicable law. 12. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if fids Security Instrument is on a leasehold. If the property is a unit in a Condonfinium Project or is part of a Plalmed Unit Development ("PUD"), Mortgagor agrees to the tbllowing: A. Obligations. Mortgagor shall perform all of Mortgagor's obligatio~s under the Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Projects or PUD and any hmneowners association or equivalent entity ("Owners Association"); (ii) by-laws; (iii) code of regulations; and (iv) other equivalent documents. Mortgagor shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Doculnents. B. H~tzard Insurance. So long as the Owners Association nmintains, with a generally accepted insurance, carrier, a "master" or "blanket" policy on the Condonfinium Project or PUD which is satisfactory to Lender and Which provides insurance coverage in the mnounts, for the periods, and agaircst the hazards Lender requires, including fire and hazards included within the term "extended coverage," then Mortgagor's obligation under Section 19 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is WYOMING- MASTER FORM MORTGAGE LEWY3 Io2,ol P~j, ~ 20031907800231 413 provided by the Owner's Association policy. Mortgagor shall give Lender prompt notice of any lapse iu required hazard insurance coverage. In the event of a distributiou of hazard insurance prOceeds in lieu of restoration or repair following a loss to Property, whether to the unit or to connnon elements, any proceeds payable to Mortgagor are hereby assigned and shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess paid to Mortgagor. C. Flood Insurauce. Mortgagor agrees to maintaiu flood insurance Ibr the lite of the Secured Debt which is acceptable, as to tbrm, amount and extent of coverage to Lender. D. Public Liability Insurance. Mortgagor shall take such actions as lnay be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. E. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Mortgagor in comrection with any condenmation or other taking of all or any part of the Property, whether of the mdt or of the conm~on elements, or ~br any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Im~trulnent as provided in Section 18. F. Lender's Prior Consent. Mortgagor shall not, except after notice to Lender and with Lender's prior written conseut, either partition or subdivide the Property or consent to: (i) the abandomnent or ternfination of the Condominium Project or PUD, except tbr abandolmmnt or ternfination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condenmation or exninent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional managemeut and assumption of selt:managelnent by the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. G. Rmnedies. If Mortgagor does not pay condominium or PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender uuder fids section shall become additional debt of Mortgagor secured by this Security Iustrument. U~fless Mortgagor and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Secured Debt rate and shall be payable, with interest, upon notice from Lender to Mortgagor requesting payment. 13. DEFAULT. Mortgagor will be in default if any party obligated ou the Secured Debt t:ails to make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good lhith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an eveut of default. 14. REMEDIES ON DEFAULT. In some instauces, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for tbreclosure actions. Subject to these li~nitations, if any, Lender ~nay accelerate the Secured Debt and foreclose fids Security Instrument in a nmlmer provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become inm~ediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, including without limitation, the power to sell the Property. All remedies are distinct, cunmlative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or uot expressly set forth. 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IJo]!~ ~pnlmq loll SOOp ltmouu~ SglZ 'sosuodxo legal Ja~po pu~ 'slso3 1.~o3 'sooj ,S~Otl.lOlJg ,$.~opu¢~ ~u[13olo.td .to ~ulo.tojuo '~u[13oI[OO u[ _t~puaq Aq p~Jnatm[ som~otlxo l)u;~ slso3 II pu, Xl~odoJd otO ~tqloolold oSl~Jo~ffo Io ~tHA~OsoJd '~uDoodstq '~u].msqq Joj lopH*~ ~q poJ.mou[ .to~e~no~ j[ sos~odxo s,Jopuoq jo [lU Aud ol soo.~u .m~l_m~ '~Ul Xq p~l~qplosd UOtlaX 'S&SOD NOI&D~qqOD ISled ,SA~BO&&V !SZNVN~AOD HO S~DNVA~V ~S~SN~dX$ · uteS, suoddmI .to souuguoo 1~ J[ llngJop e lu~ao otD loplsuo3 Jolt[ ol ttl~.t s,Jopuoq oam,~ lou s~op J~puoq 'llm~jop uo XpomoJ Att, Su~slaJoxo lOu X8 'llm~jop Supslxo Au, jo oJn3 ololdumo o~mbo.~ m ltl~l.t s.iopuoq 18. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with die Property due to its type and location. This insurance shall be maintained in die amounts and for the periods that Lender requires. The insurance carrier providing the i~r~urance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor tails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of dlis Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall immediately notify Lender of cancellation or ternfination of die insurance. Lender shall have die right to hold die policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiuu~s and renewal notices. Upon loss, Mortgagor shall give immediate notice to die insurance carrier and Lender. Lender may make proof of loss if not made iinmediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to die restoration or repair of die Property or to die Secured Debt, whether or not then due, at Lender's option. Auy application of proceeds to principal shall ~mt extend or postpone the due date of die scheduled payment nor change die amount of any payment. Any excess will be paid to die Mortgagor. If die Property is acquired by~ Lender, Mortgagor's right to any insurance policies and proceeds resulting fi'om damage to die Property betbre die acquisition shall pass to Lender to die extent of die Secured Debt inunediately before die acquisition. 19. ESCROW FOR'TAXES AND INSURANCE. Unless otherwise provided iii a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and ii~urance in escrow. 20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or infornmtion Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, contilme, and preserve Mortgagor's obligations under riffs Security Instrument and Lender's lien status on die Property. 21. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under riffs Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in die Property to secure payment of die Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If dlis Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights dlat may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under die obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees dlat Lender and any party to diis Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from die terms of flits Security Instrument. The duties and benefits of this Security Iustrmnent shall bind and benefit die successors and assigns of Mortgagor and Lender. 22. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of die jurisdiction itt which die Property is located, except to the extent otherwise required by the laws of die jurisdiction where die Property is located. This Security Instrument is complete and fully integrated. This Security lrr~trument nmy not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt flint conflicts with applicable law will not be eft~ctive, unless that law expressly or impliedly permits the variations by written agreement. If any section of flits Security Instrument camlot be eifforced according to its terms, dlat section will be severed and will not affect die enforceability of die re.maturer of dlis Security Instrmnent. Whenever used, die singular shall include die plural and die plural the singular. The captions and headings of the sections of this Security Instrunient are for convenience only and are not to be used to interpret or define die terms of this Security Instrument. Time is of die essence in flits Security Instrument. In die event any section of flits WYOMING - MASTER FORM MORTGAGE LEWY6 (o2~o) ~~ Page 6 of B 20031907800231 23. 24. 25. Security Instrument directly conflicts with any section of the revolving line of credit agreement or promissory note referenced in Section 4, the terms and conditions of the revolving line of credit agreement or promissory note (as applicable), the arbitration agreement and the agreement to provide agreement or promissory note (as applicable), the arbitration agreement and the agreement to provide flood/property insurance, all of which I agree to by signing tiffs Security Instrument, the terms and conditions of said documents and not the Security Instrument shall control. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or as shown in Lender's records, or to any other address designated in writing. WAIVERS. Except to the extent prohibited by law, Mortgagor waives and right regarding the ~narshalliug of liens and assets, and hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state. OTI{ER TERMS. If checked, the following are applicable to this Security Instrument: ~ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security h~strument will remain in effect until released. [---] Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ~ Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. Tiffs Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Unilbrm Commercial Code. ~-~ Additional Terms. SIGNATURES: By signing below, Mortgagor agrees to the ternts and covenants contained in tiffs Security InnStrument and iii ally attachnlents. Mstrullle ' · ',e 1. ortgagor also acknot.wledges receipt o~ copy of this Security Mortgagor Date Mortgagor Date Mortgagor Date Mortgagor Date Mortgagor Date Mortgagor Dale WYOMING - MASTER FORM MORTGAGE LEWY7 lo2~ol Page 7 of 8 20031907800231 417 ACKNOWLEDGMENT: (Individual) STATE OF WY COUNTY OF Li ncol n The foregoing instrument was acknowledged before me by SHANE BROWN, HEIDI 3 BROWN tlfis <5~ ~ day of ~ z,z.d~ Witness my hand and official seal. (Si~ature of Officer) My Conmfission Expires: (Seal) WYOMING - MASTER FORM MORTGAGE LEWY8 (o21o~ Page 8 of B 20031907800231 41.8 EXHIBIT A Part of Section 4, T3 iN Ri 19W of the 6th P.M., Lincoln County, Wyoming more particularly described as follows: Beginning at a point on the South bOundary line of the SE ~fi SE lA of said Section 4, that is 30 rods East of the Southwest corner of said SE~,~SE',~ and running thence North 1244.572 feet; thence East, parallel to the North line of said SE¼SE~A, 175 feet; thence South 1244.572'feet, more or less, to the South boundary line of said SE~,4SE~,~; thence West, along said South boundary line 175 feet, more or less, to the Point of beginning.