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HomeMy WebLinkAbout897976c//o~ Af~tRe~ordiag RetumTo: COUNTRYWIDE HOME LOANS, INCo MS SV-79 DOCUbIENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 JOYCE WEBSTER 897976 RECEIVED 'LINOoL?, COUNTy CLERK Abave ~ Line For RKordias Data] HESS 00005208730103004 [Escrow/Closing l] >[Ooa II) l} MORTGAGE MI~ 1000157-0003501261-2 DI~INITIONS Words used in mulfipl= sections of this document are ~¢fined below and other words ~m dcfmcd in Sexfion~ 3, 11, 13, 18, 20 and 21. Cert~n rules regarding the usage of words used in this document m'c also provided in $ccdon 16. (A) "Security Inatrmnent" means this document, which is dated with all Riders to this docuraent. (B) "Borrower" is JERRY D HESS, AND SHARON HESS, HUSBAND AND WIFE HARCH 15, 2004 , togcthe~ Borrower is thc mortgagor uncut this Sccutity Instnuncnt. (C} "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lcndct and Lender's succ~sso~ and assigns. ]VIERS is the mortgage~ undt, r this Security Instrument./viERS is organized and existing under thc laws of Delaware. and has an addrcs~ and telephone number of P.O. Box 2026, Flint, M1 48501-2026, t~l. (888) 679-MER$. CD} "Lender" is AMERICA' S WHOLESALE LENDER L~nder is a CORPORATION organized and <dating under thc laws of NEW YORK Lenders address is P.O. Box 660694, Dallas, TX 75266-0694 (E) "Note*' means the pronussory note signed by Borrower and dated M,MZCH 15, 2004 . Thc Note states that Bot~ower owes Lender FORTY ONE THOUSAND TWO HUNDRED FXFTY and 00/100 Dollars (U.S. $ 4 !, 250.00 ) plus interest. Borrower has promised {o pay this debt in regular Perindic Paymcnta and to pay thc debt in full not later than APRIL 01, 2014 (F) "Property*' mcaus thc property flint is described bclow under thc heading "Transicr of Rights in thc 1 IIIIlllll IIIlilllilllllilllllll ' 23991 * ' 05206730100000200OA' DOC ID #: 00005208730103004 (Gl "Loan" means thc debt evidenced by the Note, plus interest, any prepayment charges and late charges duc undur the No~c, and ail sums due under this ~ecurity lustmmcnt, plus intereat. (fi) "Riders" means ail Riders to Ibis Security lusa'Umcnl that arc executed by Borrower. The following Riders are In be executed by Borrower [check box as applicable]:  Adjustable Rate Rider ~ Condominium Rider C~Second Home Rider Balloon Rider ~ __P!anned Unit Ocv¢lopmen, Rider ~ 1-4 Pamily Rider VA Rider L_J Biweekly Paym~t Rider xix-JOther(s) [specify] 0 (I) "Applicable Law" means ail controlling applicable federal, state and Iaea/ statutes, regulations. ordinances and adminisuativ¢ mica and onlers (that have the affect of law) az w¢li az all applicable final, non-appealable judiciai opinions. (J) "Community Association Dues, Fees, and Azses.~nents- m~ans all dues, fc~.a, assessments and otber charges that are impuscd on Borrower or thc Property by a condominium usaociation, homeowner~ ur similar organization, (IO "Electronic Funds Tran.ffer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrUment, which is initiated through a~ electronic terminal° telephonic insu'umcm, computer, or magnetic tape so az £o order, inatmel, ur authorize a financial institution to debit or credit an account. Such term include% but la not limited to, point-of-aais transfer% automated teller machine transactious, ttan~crs initiated by telephone, wire Itanafr..r% and automated clearinghouse ('L) "Escrow Items" meaus tho,~ item~ that ara described in Section 3. (M) "Mi~celianeons Proc~i~" means any compensation, se~emant, awa.~d of damages, or proceeds paid by any third paw/(other thaa insurance proceeds paid under the coverages de,~cribed in Section 5) for: (il damage to, or des~'uetion of, the Property; (ii) condemnation or other taidng of ail or any pan of the Property; (iii} conveyance in lieu of condemnation; ur (iv) mi~¢presentations of, ur omissions a~ m, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or defanit on, the (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, pins (ii)any amount~ under Section 3 of this Security Insmunent. (P) "RESPA" means the Real Estate $¢tdemem Procedures Act (12 U.$.C. Section 2601 et t~q.) and implementing regulation, Regulation X (24 C.F.R. Part 3500),'as they might be amended lmm time to time, or any additional or suecessor legislation or regulation that governz the ~ame subject matter. A~ u~ in this Security Instrument, "RESPA" refer~ to al/requirements and restrictions that arc imposed in regard m a "federally-related mortgage loan" even ff the Loan floes not qualiby az a 'federally miami mortgage loan" under RP--~PA. "$u (Q) eceasor la Iaierezt of Borrower" means any party that has taken rifle ~o ~he Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Insa'um~nu TRANSFER OF RIGHTS IN THE PROPERTY This Security Inatmment secures m Lender: (i) the repaymem of the Loan, and all renewai% extensinns and moditicatious of the Note; and (ii) the Performance of Borrower's covenants and alO'ecmen~ under this Security Instrument and the Non:. For this purpose, Borrower does beteby mortgage, grant and convey MBR$ (solely as nominee for Lender and Lender's ~uceessom and assigns) and to the ~uecessors and assigns of MER$, with power of ~a/e, the following cleseribed property located in Ihe COOHT¥ [Typ~ of Rrc~r~aS Su~ictioa] Of L I NCOLN ~'atn~ o~ R~ag Jut~di,~oal SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Parcel ID Number: 309 PINE AVE, Wyoming 0 3101 ("Property Address"): [sum/city] [z~p c~I (~®-aA(WY) (ooos) CHL (oa/ool Pa~e 2 ol 11 which cUn~ntly has the address of DOC I.D #: 00005208730103004 TOGWI'tIF--R WITH ali the improvements now or hereaftar erectcd on the property, and all cascmcots, appurtenances, and fixlurcs now or hereafter a pan of the property. All replacements and ad&dons shall also b~ coved by this S~cority Ivatrument. All of the foregoing is t~fcrr~ to in this Security lnsU'umcnt as thc "Property." Borrower understands and agrccs thai }VIERS holds only legal tiflc to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nonfincc for Lcndct and Lender's succcssurs and assigns) has thc right to cxcrcisc any of all of those intcmsts, Including. but not limitcd to, thc fight to foreclose and scli thc Property; and to s. akc any action tcquircd of Lender Including, but not limilcd to, releasing and canceling this Secmity Instrument. BORROWER COVBNAHTS thai Borrower is lawfully sciscd of thc cstaic hereby conveyed and has the right to mortgage, grant and convey thc Pmpen'y and thai thc Property is uncncumbcrcd, cxccpl for encumbrances of record. Borrower warrants and will defend gcncrally thc titic to thc Property against all claims and demands, subject to any encumbnmccs of record. THIS SECURITY INSTRUMENT combines uniform covcmmfl for national usc and non-uniform covenants with limited variations by jurisdiction to constitute a unifonu security instromcnt covering real propc.qy. UNIFORM COVENANTS. Borrower and Lcnder covenant and ag~c as follows: 1. Payment of Principal, Interest, Escrow Items, Prepaymeui Charges, and Late Charges. Borrower shall pay when duc thc principal of, and interest on. thc debt evidenced by thc Notc and any prcpaymcnt charges and late charges duc under the Note. Bogower shall also pay funds for Escrow Items pursuant to Section 3. Paymcn,.e due under thc Note and this Security Instrument shall bc madc in U.S. curt'ency. However, if any check or other insmunent received by Lander az paymcm undcr thc No',,- of this Security Instrument is rctorned to Lender unpaid, Lender may require that any or all subscquant payments duc under thc Notc and Ibis Security Instrument bc made in one or morc of thc following forms, as selected by Lcoder: (a) cash; CO) money order; (c) certified checiq bank check, treasurer's check or cashier's chcciq provided any such check is drown upon an institution whose dcposits arc Insured by a federal agency, instrumentality, or entity; or (d) Blccuonic Funds Transfer. Paymcnts arc decreed reccivcd by Lendcr when received at thc location designated In thc Note of at such other location as may bc designated by Lcndcr in accordance with thc notice provisions in Section 15. Lendur may return any payment or partial payment if thc payment or partial paymcn,, arc insufficiant to bring thc Loan current. Lender may accept any payment or partial payment insufficient to bring thc Loan cugcnl, without waiver of any rights herennder or prejudice to its righ', to refuse such payment of panini payments in thc future, but Lceder is not obligated to apply such paymcnts at thc time such payments arc accepted, ff each Periodic Payment is applied az of its scheduled duc date, th-n I.~nder nc~ not pay intcrcst On unapplicd funds. Lender may hold such unapplied funds until Borrower makes payment to bring thc Loan current: If Borrower docs not do so within a re~.~onablc period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will bc applied to thc outstanding principal baiancc under the Note immediately prior to foreclosorc. No offset or claim which Borrower might have now or in thc futot~ against Lender shall rcilcvc Borrowar from making paymems duc under thc Note and fl,As Security lnsu'umcnt or performing thc covenants and agrccments secured by this Security Inslrumcot. 2. Application of Paymen~ or Proceeds. Except as otherwise described in this Section 2, aU payments scccptcd and applicd by Lender shall bc applied in thc following order of priority: (a) interest duc under thc Note; Co) principal duc under thc Note; (c] amounts duc under Section 3. Such payments shall bc applied to each Periodic Payment in thc order in which it became duc. Any remaining amounts shall bc applied first to late charges, second to any other amounts duc under this Security Instnuncnl, and then to rcduec the principal balance of thc Note. If Louder reccivcs s payment from Bogower for s dclinqucnt Periodic Paymcnt which includes a sufficient amount to pay any laic charge duc, thc paymcnt may bc applied to thc dulinqucnt payment and thc laic charge. If more than one Periodic Payment is outstanding. Lendur may apply any paymant rcccived from Borrower to thc repayment of thc Pcriodlc Payments if, and to thc extent thai. each payment can bc paid in full. To thc cxtcnt that any cxcess cxisls after Ihe payment is applied to the full payment of ouc or more Periodic Payments. such excess may bc applied lo any latc charges duc. Voluntary prepayments shall bc applied first lo any prepayment charges and thcn as dcsctibcd in thc Note. Any application of paymants, insurance proceeds, of Ivilseclianeou~ Proceeds lo principal due under thc Note shall not extend of postpone thc duc date, or changc thc amount, of thc Pcriodic Paymants. 3. Funds for Escrow Ilems. Borrower shall pay to Lender on thc day Periodic Payments arc duc under thc Note, until thc Note is paid in full, a sum [thc "l%nds") to provi~ for payment of amounts duc for. (a) iaxcs and assessments and other items which can attain priority over this Security Instrument as a lien or ancumbnmcc on the Property; Co) leasehold payments or ground rents on thc Ptopexty, if any; (c) prcmiun~ for any and all insurancc required by Lender under Section 5; and (d) Mortgagc Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of thc payment of Morigagc Insurance prcmlums in accordance with thc provisions of Section 10. Thcsc items arc called "Bsc~w Ilcms." At origination or at any time during thc Icrm of thc Loan, Lcndcr may require thai Community Association Dues, Fccs, and Assessments, if any, bc escrowed by Borrower, and such dues, fees and assessments shall bc an Escrow Imm. Borrower shall promptly furnish to Lcudct ail notices of amounts to bc paid untier this Section. Borrower shall pay Lender thc Punds for Escrow Items unless Lender waives Borrower's obtigatiun to pa]/, thc Punds for any or all Escrow Itcms. Lander may waive Borrower's obligation to pay to I.cnder Punds fot~any~.or ~Esctow DOC ID #: 00005208'/30103004 Items a[ any time. Any such waiver may only be in writing. In thc cvcm oF such waiver, Borrower shall pay directly, when and where payable, the amounts duc for any Escrow Items for which payment of Funds has bccn 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 ma~e such payments and to provide receipts shall for ail purposes b~ dee. reed w be a covenant and agrecmenl contained in this Security InstnunenL as thc phrase "covenant and agr~menf' is used in Seclion 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Bonower fails to pay the amount due l'or an Escrow Item, Lender may exerci~ its rights untler Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amounL Lender may revoke the waiver as to any or all Escrow finms at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender ail Punds, and in such amounts, that am then required under this Section 3. Lender may, at any time, collect and hold Pands in an amount {a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and Co) not to exceed the maximum amount a lender can require under RESPA. Lender shall ~timate the amount of Punds due on the basis o1' current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The lntmds shall be held in an institution whose deposits are insured by a federal agency, instrumenudity, or entity (including Lender, if Lender h an instltutiun whose deposits are so insured) or in any Pete. rat Home Loan Bank. Lender shall apply the Punds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Punds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays ~orrower interest on the Punts and Applicable Law l~rmits Lender to make such a charge. Unless an agmament is made in writing or Applicable Law requires interest to be paid on the Funds, La~der shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agren in writing, however, thai inter,st shall be paid on the Punds. Lender shall give to Borrower without charge, an annual accounting of the Punds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accounl to Borrower for the excess funds in accordance with RESPA. Ii there ia a shortage of Punds held in escrow, as defined under RESPA, Lender shall nolif), Borrower as reclui~ed by RESPA, and Borrower shall pay to Lender the amount necessary to mak~ up the shortage in accordance with RESPA. but in no more than 12 monthly payments. If there is a deficiency of Punds held in escrow, as defined under RESPA, Lender shall notify Bon'ower as required by RESPA, and Borrower shall pay to Lcoder the amount necessary to make up the deficiency in accordance with RHSPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security InstrumenL 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 Inslnuncnt, leasehold payments os' ground rents on the Property, if any, and Community Association Du~, Pc~s, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Bonower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agre~ in writing to the payment Of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agrecmcnq (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lendegs opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proce~.xlings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any pan of the Propexty is subject to a lien which can attain priority over this SecufiVff InstrumanL Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or lake one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property/a~m'ance. Borrower shall keep the improvements now existing or hereafter erecled on the Property insured against loss by fire. hazanls incinded within the term 'extended coverage,' and any other hazards including, but not limited to, eanhqunkes and floods, for which Lender requir~ insurance. This insurance shall be maintained in the amounu (including deductible levels) and for ~lie periods that Lender requires. What Lender r~quims pursuant to the preceding sentences can change during the term of the Loan. The insurance carder providing the insurance shall be chosen by Borrower subject to Lender's fight to disapprove Bonower's choice, which right shall not be exercised um'casonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, cenificatiun and tracking services: or Co) a one-tim~ charge for flood zone determination and certification services and 'subsequent charges each thn¢ remappings or similar changes occur which masunably might affect such determination or c~rtificatiou. Borrower shall also be responsible for the payment of any l~ees impo~:d by the Federal E, nergcocT Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expanse. Lender is under no oblig~un ~o purchas~ any particular typ~ or amount of coverage. Therefore, such coverage shall cover Lender, but might or migil~ not protect Borrower, Borrowe~s equity in the Property, or the contents of the PropertT, ag~y~sk hazard DOC ID i: 00005208730103004 9. Protection of Lender's Interest In the Property and Rights Under this Security h~trmnent. If (a) Borrower fails to perform the covanants and al~reemeuts contained in this Security Instrument, CO) there is a legal proceeding that might significantly affect Lender's inlerest in thc Property and/ur rights unde. r thi~ Security Instrument (such ss a proceeding in bankruptcy, probate, for condemnation ur forfeiture, for enforcement of a lien which may attain priority over this Security lustmment or to enforce laws or regulations), or (c) Borrower has abandoned the Properly, then Lender may do and pay for whatever is reasonable or appropriate to prote, ct L~nd~"s interest in the Property and rights under this Security Instrument, including protecting and/ur assessing the value of the Property, and securing and/ur repairing the Property. Lender's actions can include, but are not limited lo: (a) paying any sums secured by a lien which has priority over this Security h~smmrent; Co) appeming in court; and (c) paying ressounble attorneys' f~s to protect its inu:rest in rise Property and/or rights under this Security lustrum~nt, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to. cotering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dengemus conditions, and have utilities turned on or off. Although Lender may lake 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 becom~ additional debt of Burrower secured by this Security lastrumcot. These amounts shall bear int,'~'cst at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender IO Borrower requesting payment. If this Security Instrument is on n lessehold~ Borrower sh~ll comply with all the provisions of the lease. If Borrower acquires fee tide to the Property, the lessehold and the fcc title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums re. quired to maintain Ihe Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be svailable from the mortgage insurer that previously provided such insuran~ and Borrower was requked to make saparalcly designated payn'~nts toward the premiums for Mortgage Insurance, Burrower shall pay the premiums requh'ed to obtain coverage substantially equivalcot to the MOrtgage Insttrance previously in effect, at a cost substantially equivalent to th," cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantiafly ~tivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay tO L~nder the amount of the separately designated payments that w~e due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Instmmce. Such loss reserve shah be non-refundable, notwithstanding the fact that the Loan is ultimately p~id in full, and Lender shall not be required to pay Borrower any inlerest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurunce coverage (m the amount and for the period that Lender requires) provided by an insurer selected by Lend.cz again becomes available, is obtained, and Lender requi~s separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance ss a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums fur Mortgage I~ce, Borrower shall pay Ihe premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage lusunmcc ands in accordance with any wriucn agreement between Borrower and Lender providing for such termination or until termination is required by Applicable f-qw. Nothing in this Section 10 affects Borrower's obligation to pay inter~t at the rate provided in the Note. Mortgage Insurance reimburses Lender Iur any entity that purchases the Note) for c~rtain losses it may incur if Borrower does not repay the Loan as p.g~eed. Borrower is not n pn-,ly to the Mortgage Insurance. Mortgage insurers evaluate theh' total risk on all such iusur,~nce in furce from ~ to time, and may entel- into agrccm,~nts with other parties that share ur modify their risk. o~ reduce Ioss~. These agreements are on le~ms and conditions that are satisfactory to the mortgage insur~ and the other pa~y (or parties) to these agreements. These agreements may require the mortgage insurer to rna~ payments using any soun~ of funds that ;he mortgage insurer may have available (which may include funds obtained from Mortgage lusurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any ~t-diate of ashy of the foregoing, may receive (di~ctiy or indirectly) amounts that derive from (or might be characterized ss) 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 lakes a share of the insurer's risk in exchange for s share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:. (a) Any such agreemenls will not ~fect the nmoun~ that Borrower has agreed to pay for Mortgage Insurance., or any other terms of the Loan. Such agreements will not Increase the amount Borrower owe for Mortgage Insurance, and they will not entitle Borrower to any refund. r {~-~AO&'Y) (ooo~} CHL (08/00) P.oa S o! 11 // { Fm"m~OSl 1/01 DOC ID #: 00005208730103004 or llabili(y and might provide greater or lesser coverage than was previously in effecL Borrower acknowledges that thc cost of thc insurance coYerage so obr=ined might significandy cxcccd thc cos{ of insurancc that Borrower could have ob~ned. Any ~unoun~ disbursed by Leoder under this Section $ shaU become additiunsi debt of Borrower secured by this SecUrity Instrument. These amounts shall beau' interest at thc Note rate from thc date of disbursement and shall be payable, with such in,crest, upon notice from Lender In Borrower requesting payment All insurance policies required by Lender and renewals of such policies sh~ll be subject m Lender's right to disapprove such policies, shell include a stranded mortgage clause, and shall name Lender as mortgagee and/or as an additional loss p~yce. Lender shall have the right to hold the policies and renewal certificates. If Lender require~, Borrower shall promptly give to Lender all receip~ of paid premiums and renewal notices, ff Borrower obLdns any form of insunmec coverage, not otherwise required by Lender, for damage to, or desU'ucfion of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance earrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Uuless Lender and Borrower otherwig agree in writing, any insunmce proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of thc Property, if the re~toration or repair is economically feasible and Lender's security is not lessened. During such repair and re~torafion period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity I~ inspect such Property to ensm'e thc work has' been completed to Lender's satisfaction, provided that such inspection sh~ll be undcnaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law r~uires interest to be paid on such insoranee proceeds. Lender shall not bc requi~ed to pay Borrower any interest or earnings on such proceeds. Fce~ for public adjusters, or other thid parties, reufined by Borrower shall not be paid out of the insurance proceeds and sh~l be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, thc insurance proceeds shall be applied Io the sums secured by this Security InsL,'ument. whether or not then due, with the excess, if any, paid to. Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and scale any available insurance claim and related m&,tcrs, If Borrower does not respond within 30 days to a notice from Lender that the insurance cea-tar has offered to settle a elaim~ then Leader may negotiate and settle the claim. The 30-day period will begin when thc notice is given. In either event, or if Lender aequir~ the Properly under Section 22 o~ otherwise, Borrower hereby assigns to Lender (a) Borrower's fights to any insurance proceeds in an amount not to exceed thc amounts unpaid under the Note or this Security Instrument, and Co) any other of Borrower's rights (other than the right to any refund of unearned premium.~ lmid by Borrower) under all insunmce policies covering the Property, insofa~ as such rights are applicable to the coverage of the Property. Lender may use the insoranee proceeds either to repair or r~tore thc Property or to pay amounts unpaid under the Nou: or ~his Security InsUument, whether or not then due. 6. Occupancy. Borrower shill occupy, establish, and nsc the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shill continue to occupy thc Property as Borrower's princip,d residence for st least one year ~'ter the date of occupancy, unless Lender otherwise agrees in writing, which consent shill not be unreasonably withheld, or unless extenuating c~cumaUmees exist which are beyond Borrower's control, 7. Preservation, Maln~nanee and Protection of the Property; Inspections. Borrower shall not destroy, damage or ~mp~h' the Property, allow the Property to deteriora, te or commit waste on the Prowaty. Whether or not Borrower is residing in the Property, Borrowar slmll maintain the PropeW/in order In prevent the Property fi.om deteriorsling or decreasing in value due to its condition, Unlc~ it is determined pursuant to Section 5 that rcpah' or restoration is not economically feasible, Borrower shall promptly repair thc Property if danmged to avoid further deterioration or damage. If insunmce or condemnation proceeds ~e paid in connection with damage to, or the raking of, the Property, Borrower shill be responsible for repairing or restoring the Property only ff Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a scri~ of progress paymcn[s as the work is completed. If the insurance or condemnation procee, d~ are riel sufficient to repair or reslore the Properly, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable eau'ica upon and inspections of the Property. If it has reasonable eau'~c. Lender may inspect the inmrior of the improvements on the Property, Lender shill give Borrower notice at thc time of or prior to such an interior inspection specifying such reasonable eanse. 8. Borrower's Loan AppUeaUom Borrower shall be in default if, during the Loan application proce.~, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or smlements to Lender (or failed to provide Lender with material information) in connection with the Loan, Material represenlafions include, but am not limited to, representations concerning Borrower's occupancy of thc Property as Borrower's principal residence. (0005) CHL (Oa/O0) Pag. 6 of I I DOC ID #: 00005208730103004 Cs) Any ~uch agreemunte will not altec[ the rights Borrower has - i/ any - with rezpoct [o the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. AsMgnment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds n~c hereby assigned to and shall be paid to I~nd~r. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Properly, if the res[oration or r~pair is economically feasible and I~nder's security is not lessened. During such repair and restoration period, Lender shall have the right lo hold such Miscellaneous Proceeds uniil l.~nder has had an opportunity to inspect such Prope.,ny to ensure the work has been compl¢led to Lendt:t's satisfaction, provided that such inspection shall bo unde;rtaken promptly. I_~ndcr may pay for thc repairs and r~storation in a single disbursement or in a series of progress payments az the work is comple;ted. Unless an agrecme;nt is mad~ in writing or Applicable Law requires interesi m be paid on such Miscellaneous Proceois, Lender shall not bo required to pay Borrower any mtere;st or esmings on such Miscellaneous Proceeds. If the resloration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the stuns secured by this Sccurlty Instnm~nt, whether or no[ then due;, with thc excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall bo applied in the; order provided for in Section 2. In the; event of a total taking, deslrocliun, or loss in value of Ihe Property, the Miscellaneous Proceeds shall be; applied lo the sums secured by this Security Instnm~nt, whe;ther or no[ then due;, with thc excess, if any, paid to Borrower. In thc event of a partial inking, deslruction, or loss in value of the Property in which the; fair marke;[ value; of the Property immediately before; thc partial taking, destruction, or loss in value is equal to or grealer than thc amount of thc sums secured by this Security Instrument immediately before thc partial taking, destrocfion, or loss in value, unless Borrower and Leodcr othe;rwisc agre~ in writing, the sums secured by [his Security Instrument shall bo reduced by thc amount of [ho Miscellaneous Procecds multiplied by the; following fraction: (a) the to~al amount of the; sums secured immediately before thc partial taking, destruction, or loss in vaiu¢ divided by Co) [he fair market value of thc P~operty immediately before thc partial taking, dcsuuction, or loss in value. Any balance shall be; paid to Borrower. In thc eve;nt of a partial Inking, deslructiun, or loss in value of [he Properly in which thc fair market value of thc Property immediate;ly before; [he; partial [eking, destruction, or loss in value is less than thc amoum of [he sums se. cured immediately before thc partial taking, deslruciion, or loss in value, unless Borrower and l-~oder otherwise agre~ in writing, the Miscellaneous Proceeds shall bo applied to the sums secured by this Security Instrument whether or not thc sums arc then due. If the Property is abandoned by Bonower, or if, after notice by Lender to Borrower that thc Opposing Patty (as defined in thc next sentence) off¢~ to make an award to sclll¢ a claim for damages, Borrower fails to respond to Lender within 30 days after thc date thc notice is given, Lender is authorized to collect and apply the Miscellaneous Proccc~ either Io res[ora[tun or repair of the; Properly or to thc sums secured by [his Se;cufity Instrument~ whether or not [hen due. "Opposing Party' menns the; [hlnl pai'l'y [hat owe;s Borrower Miscellaneous Proceeds or the; party against whom Borrower has a fight of action in regard to Miscellaneous Proceed.s. Borrower shall be in default if any action or proceeding, 'whether civil or criminal, is begun thai, in Lender's judgment, could result in forfeiture of thc Prope~,ty or other material impairment of Lende;r's interest in the Property or fights undar this Security Instmm~nt, Borrower cnn'cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the; action or procecAing to be dismissed with a ruling that. in Lender's judgme;nl, precinch:a forfeiltu'¢ of the Propexty or other material impairment of interest in thc Property or rights under this Security Inslmment. Tbe procex, ds of any award or claim for damages that are atuibut.blo to [he impairment of Lender's interest in the Property arc hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that arc not applied to restoration or repair of the Property shall be applied in thc order provided for in S¢cfi0n 2. 12. Borrower Not Released[ Forbesrance By Lender No[ a Waiver. Extension of [he lime for payment or modification of amortization of the sun.s secured by lifts Security lnstnune, n~ granted by L~nder to Borrower or any Succ~sor in Interest of Borrower shall not operate; to re;lease the liability of Borrower or any Successors in Int~re;st of Borrower. Lender shall no[ bo required [o commence proceedings against any Successor in Interest of Borrower or to refus~ to e;xteod time for payment or otherwise modify amortization of [he sums secured by this Security Iustmmen[ by renson of any demand macl~ by the original Borrower or any Successors in Interest of Borrower. Any forbearance by I~ndex in exercising any right or remedy including, without lira[ia[ion, Lender's acceptance of payments from ~fird persons, entities or Successors in Interezt of Borrower or in amounls less than the; amount then due, shall not bo a waiver of or preclude the; exe;tclse of any righ[ or remedy, 13. Joint and Several IAability; Co-~igner~; Succe~ors and Assigns Bouna Borrower coveoants and agrees that Borrower's obligations and liability shall bo join[ and ~ve;ral. However, any Borrower who co-signa this Security InsU'um~nt but does not execute the Note (a "eo-slgner"): (a) is eo-signing this Security ~)~-~A(WY} {ooo51 CHL (oa/oo} Paa, ? o~ ~l / I Form 30Sl. 1/01 DOC ID ~: 00005208'/30103004 Instrumcot only Io mortgage, gram and convey the co-signer's tot',rest in the Propcaly under thc terms of this Securi~ Instnunant; (b) is not personally obliga~:d to pay thc sums secured by dfis Sccuri~ ~strum~nt; and (c) agr~:s that [~,nder and any oth~ Borrower can a~ to cxa=nd, mod~, forbear or make any accommodations with regard to thc terms of this Security InsUumcot or the Note without the co-signer's co..sent. Subject to the provisions of Secdon IR, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved b)' I.~ndex, shall obtain all of Borrower's rights and benefits under this Security Instrum,'nt. Borrower shall not be r¢lea~d fi'om Borrower's obligations and liability undex this Security Instrument unless I~nd¢c agrees to such r~lcase in writing. Thc covcmmts and agreements of this Security Instnun~nt shall bind (except as provided in Section 20) and benefit the successors and assigns of L~nde4'. 14. Loan C-'barges. L.~der may charge Borrower fccs for services performed in connection with Borrower's default, for the purpos~ of protecting I.~nder's interest in the Properly and rights under this Security lnsLrum~nt, including, but not limited to, attorneys' fees, prope, tly inspection and valuation fees. In regard to any other fee. s, thc absence of express authority in this Security Instrument to charge a specific fcc to Borrower shall not be construed as a prohibition on the charging of such fcc. Lender may nm charge fccs that a~ expressly prohibited by this Secm'ity Inslxumcnl or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally intcrprcted ,so that tbe interest or other loan charges collected or to be collected in connection with thc Loan exceed thc permitted limits, then: (a) any such loan charge shall be reduced by the amount necestmt'7 to reduce the charge to thc p~rmitted limit; and (b) any sums already collected from Borrower which cxc¢¢dad pea'mitred limits will be refunded t~ Borrower. Lender may choo~ to make this refund by reducing the principal owed undr. r thc Note or by making a di~ct payment t~ Borrower. If a refund reduc~ principal, thc reduction will be trealed as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under thc Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge, 15. Notlcea. All notices given by Borrower or L,cod~r in connection with this Security lustmment must be in writing. Any notice to Borrower in connection with this Security Instnm~nt shall be deemed to have be~n given to Borrower when mall~d by fa'st class mail or when actually delivered to Bom)wcr's notice address if sent by other means. Notice to any one Borrower shall consfitut-' notice to all Borrowers unless Applicable Law expressly re:quires otherwise. The notice address shall be the Property Address tmless Borrower has designated a substitute notice address by notice to Lendex. Borrower shall promptly notify I~nder of Borrower's change of address. If L.¢nder specifies Ii proc~dilr¢ fol' l'¢porfillg Bormwar's change of address, then Borrower shall only report a change of address Ihrough that specified procedure, There may be only one designated notice add. ss unch:r this Security Instrument at any one tim~. Any notice to Lender shall be given by d¢liveging it or by rrafiling it by first class mail to L~nd~'s address stated herein uulcsa Lender has designated another address by notice to Borrower, Any nofic~ in connection with this Security InsLrum~nt shall not be deemed t~ have been given to L,cnder until actually received by Lender. If any notice required by this Security Inslntmcnt is also required trader Applicable Law, the Applicable Law requirement will satisfy thc corresponding r~qulrcmcot under this Security Instrument. 16. Governing Law; Scverabilily; Rules of Comtruetion. This Security Instrument shall be governed by federal law and the law of thc jurisdiction in which thc Property is located. All fights and obligations contained in this Security Instrument Ne subject to any rcqulremants and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security l. nst.mment or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the No~ which can be given effect without the conflicting provision, As used in this, Security Instcument: (a) woxds of the masculine gender shall mean and include corresponding neuter won:Is or words of the feminine gender; 0a) words in thc singular shall mcan and include thc plural and vice versa; and (c) the wont "may" gives sole discretion without any obligation to take any action. 17, Borrower's Copy. Borrower shall b~ given one cop)t of the Note and of this Security Instrument 18. Tramffer of the Property or a Beneficial In{crest in Borrower. As used in this Section lg, #Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in s bond for deed, contract for de~d, installment sales conlrsct or escrow agreement' the int,'nt of which is the transfer of fide by Borrower at s future date lo a purchaser. · If all or any part of thc Property or any Interest in thc Property is sold or transferred (or if Borrower is not a natural person and a beneficial int,:rest in Borrower is sold or transferred) without Lender's prior consent, I..~:nder may re. dfc immadiato payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Thc notice shall provide a period of not less than 30 days from thc date thc notice is given in accordance with Secfiun 15 within which Borrower must pay all sums secured by this Security Instrument, [f Borrower fail~ to pay thcsa sums prior to thc expiration of this period, Lender may invoke any remedies permit~ by th~s Security Instrument without further notice or d~mand on Borrower. (~])e-~A(WY)(ooos) CHL(0S/0O) pagasoftJ /~J Fm'm~051 1/01 DOC [D t: 00005208730103004 19. Borrower's Right to Rein~tete After Acceleration- If Bo~ower mcc~ curtain condlduns, Borrow= shall have thc fight to have cnforccmcnt of th/s Security Instrumcnt discontinued at any timc prior to thc earliest of: (a) five days before sale of thc Pmp4=rty pursuant to nay power of sale conlsined in this Security Instnu'ncnt; CO) such other period as Applicable Law might specify for thc termination of Borrower's right to rcinstat,~; or (c) carry of n judgment enforcing this Security lustrument. Those conditions arc that Borrower: (a) pays Lander ali sums which then would DC duc under this Security lnstromcnt and thc Note as if no aecclcration had occun'ed; CO) cures any dcl'auh of any other covenants or agr~mcnts; (c) pays all cxpcases incurred in cnforcing this Security Instrument, including, but not iimhed to, reasonable attorneys' fcea, properly inspcctinn and valuation fccs, and other fccs incurred for thc purpose of protecting [..cadet's interest in thc Property and fights und,-r this Security Instroracnt; and (d) takes such action as Lcnder may re. asunably rcquirc to assure that Lender's intercst in thc Propcrty and rights under this $ccurity Instrument, and Borrower's obligation to pay thc sums secured by this Security Instrun~nt. shall continuc unchanged. Leader may rcqulrc that Borrower pay such rcinslatcmcnt stuns and expenses in one or more of thc following forms, as selected by Lcnder: (a) cash; CO) moncy order; (c) certificd check, bank check, Lmasurer's check ur cashier's check, provkh=d any such.check is drawn upon an institution whos~ d~posils nrc insured by a federal agency, instrumentality or entity; or (d) F. lectronic Funds Transfer. Upon rcinstatemcnt by Borrower, this Security lustmmcat and obligations secured hcrchy shall remain fully cffectivc as if no acceleration had occurred. However, this right to reinstate shall not apply in thc case of acccleratiun under Section 18. 20. Sale of Note; Chanlle of Loan Servicer;, Notice of Grievance. Thc Note or a partial intcre..st in thc Note (together with this Security lnstrum~t) can DC sold one or more limes without prior notic~ to Borrower. A sale might result in a change in thc antity 0mown as thc "Loan Servicer") that collects Periodic Paymcnts duc under thc Note and this Security Instrument and performs other mortgage loan servicing obligations under thc Note, this Security Instrument. and Applicable Law. There also might tx: onc or mom changes of thc Loan Servicer unrelated to a sale of thc Note. If tDCn= is a changc of thc Loan Servicer, Borrower will Dc given written notice or' thc changc which will state thc namc and address of thc new Loan Servicer, thc add. ss to which payments should Dc made and any other information RESPA. rcquh'¢s in counection with a notice of transfer of servicing. If thc Note is sold and there:after thc Loan is s~rviced by a Loan Servicer other than thc purchaser of the Notc, thc mortgage loan servicing obligations to Bormwcr will remain with thc Loan Servicer or DC Lransfcrr~ to a successor Loan Servicer and nsc not assumed hy thc Note purchaser unless otherwise providcd by thc Note purchaser, Neither Borrower not' Lcndcr may commence, join, or Dc julncd to any judicial ~ction individual litigant or thc mcmDcr of a class) that arises from thc other' pan'y's actions pursuant to this Security Instromant or that allegcs that thc other par~ has breached any provision of, or any duty owed by reason of, this Security Instmmcnt, until such Borrower or Lender' has uotific, d thc other party (with such noticc givcn in compliancc with thc rcqulrcmcnts of Section 15) of such alleged brcach and afforded thc other part7 hereto a reasunablc pcxiod afler thc giving of such notice to take co.active action, If Applicable Law provides a timo period which must clspsc before certain action can DC taken, that timc period will DC dcemed to Dc for purposes of this paragraph. Tho notice of acceleration and opportunily to cure givcn to Borrowcr pursuant to Scction 22 and thc noticc of acceleration given to Borrower pursuant to Section 18 shall Dc deemed to satisfy thc notice and opportunity to takc corre, ctivc action p~ovisions of this Section 20. 21. Hazardous Substam:ea. As used in this Section 21: (a) "Hazan:lons Substances" arc those substances dcfmcd as toxic or hazardous substances, pollutants, or wastes by Eavh'onmcntal Law and thc following substances: gasoline, kerns~nc, other flammablc or toxic pctmlcum products, toxic pesticides and herbicides, volatile solvcnts, mat-'rials containing asbestos or formaldt, hyd¢, and radioactive nutterials; CO) "Environmental Law" mcans federal laws and laws of thc jurisdiction wherc thc Property is located that rclat¢ to health, sa/'cty or cnvironm~tal protection; (c) "F.~vironmuntal Cleanup" includes any response acdon, remedial action, or removal action, as dcfined in Envh'onm~ntal Law; and (d) an "Envimnmcntal Condition" means n condition that can cause, contribute to, or otherwise Lrigger an Envirunmentnl Clesnup. Borrower' shall not canse or pcrmil thc presence, usc, disposal, storage, or release of any Hazardous Substances, or thr~ten to r~leasc any Hazanions Substances, on or in thc Property, Borrower shall not do, nor allow anyone clsc to do, anything dfecting thc Propctly (a) that is in violation of any Eavirunmcn~ Law, Co) which ct'cutes an F-nvimnmcntal Condition, or (c) which, duc to thc prascocc, usc, or fcic. usu of a Hazardous Substancc. cre~ a condition that adversely nffecls the value of thc Property. The preccding two shall not apply to thc presenco, usc, or storage un thc Property of small quantities of Hazardous Substances that are gcncmlly recognize41 to DC sppropdat~ to normal t'esldcntial uses and to maintermnce of thc Property (including, but not limited to, hazardous substances in consumer products). Borrower shall pmmpdy give [.coder written notice of (a) any investigation, cia;m, d~mand, lawsuit or other action by any govemmcntel or rcgulalot7 agency or private party involving thc Property and any HRT~rdons Substance or Environmental Law of which Borrower has actual knowledge, Co) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of mleas~ of any Hazardous Substance, and (c) any condition canscd by thc prcsencc, nsc or mlea.~ of s Hazardous Substance which adversely a.rfccts the value of thc Property. It' Borrower learns, or is notified by any governmental t'cgulatory authority, or any private party, that any removal or other remediation of any ~dou~ Substance affecting tho Property is necessary, Borrower shall promptl~ tak~ all necessary remedial actions in accordance with Environmental Law. Nothing her,~in shall create any obligation on Lcnder for an Env'~Cle. anup. (~)®-6A(WY) (00o5) CHL (08/00) P~ga s of I$ Form 3051 1/01 DOC ID t: 00005208730103004 NON-UNIFORM COVI~-NANTs. Borrower and Lender further covenant and agrcc as follows: ~. Acceleration; Remedies. Lender shaH give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument ('but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice nhnll specify: the default; Co) the action required to cure the default; (c) a dates 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 or before the date specified in the notice may result in acc~leraHon of the sums secured by Security Instrument and sale of the Property. The notice shaH further inform Borrower of the fight to reinstate after acceleration and the right to bring a court action to nnaert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default i~ not cured on or before the date specified in the notice, Lender at 1ts option may require Immediate payment in full of aH secured by this Security Insh-ument without further d_emn~g], and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled Io collect aH expenses incurred in pursuing the remedies provided in this Section 22, indudin~ but not limited to, reasonable attorneys' fees and co~ts of fl0e evidence, If Lender invokes the power of sale, Lender shaH give notice of intent to foredoze to Borrower and to the person in posscesion of the Property, if different, in accordance with Applicable Law. Lender shaH Rive notice of the sale to Borrower in the manner provided in Section 15. Lender shah publish the notice of sale, and the Property shaH 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 ~hall be applied in the following order: (a) to aH expenses of the sale, Including, but not limited to, reasonable attorneys' fees; Co) to aH sums secured by this Security Instrument; and (c) any exce~ to the person or persons legally entitled to iL 23. Release, Upon payment of all sums secured by this $~curity Instrument, Lender shall release this Security Instrument. Borrower shall pay any reco~lation costs. I-cadet may charge Borrower a ice for releasing this Security Instrument. but only if the fcc is paid to a third party for scrvic~ rcudered and the charging of the fcc ii pcrmiilcd under Applicable Law. 14. Waivers. Borrower r~l~s and waiv~ all fightz under and by vinue of the home~tcud exemption laws of Wyormng. BY SIGNING BELOW, Borrower accepts and agrees to the t~rms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Wim~s~: (Sccl) (S~l) (Sea) -Botro'wez (Seal) (~)®-6A(WY) (~oos) CHL (08/00) ~ge lO of 11 Form 3051 1/01 STATI~ OF WYOMING, The foregoing instrument w~ ~knowledged before me this by Jerry D. Hess and Sharon Hess. DOC ID #: 00005208730103004 L in c o 1 nC°~ s~.' 15th day of March 2004 My Commission Expire~: No~ Public (~4.Kn,vY) (ooos) CHL (o~0o) Form ~51 I101 EXHIBIT A Lot 10 of Block 25 of the First Addition to the Town of Kemmerer, Lincoln County, Wyoming as d6scribed on the official plat thereof.