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HomeMy WebLinkAbout900135Return To: HOMECOMINGS FINANCIAL NETWORK. INC ONE NIER1DIAN CROSSING, STE 100 MINNEAPOLIS. MN 55423 Loan Number: 042-09614'/-6 900135 Prepared By: HomeCominy's Financial Network 14850 Quorum Drive, Suite 500 Dallas, TI? 75254 RECEIVED 'LINCOLN COUNTY CLERK Oh ,.HJ~'t Ih Pt! h: 13 J E A N N E W A G hi E R .- 7 4 2 [Space Above Tlds Lh~e For Recording Data] MORTGAGE MIN 100062604209614769 DEFINITIONS Words used in multiple sections of fids document are defined below and other words are defined in Sections 3, 11; 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JUNE 8TH, 2004 together with all Riders to this document. (B) "Borrower" is MELVIN LEO WADDLE AND GLENDA SUE WADDLE, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Iuc. MERS is a separate corporation that is acting solely as a nominee fcr~Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number b~ P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. WYOMING-Single Family-Fannie Mai~/Freddie Mac UNIFORM INSTRUMENT WITH MERS MFWY7770 (l 1/00) / 042-096147-6 (~}®-6A(WY) Iooo~}.o~ VMP MORTGAGE FORMS - (8001621-7291 Form 3051 1/01 09001.515 743 (D) "Lender"is HOMECOMINGS FINANCIAL NETWORK INC. Lender is a CORPORATION, organized and existing nnder tt,~e laws of DELAWARE Lender's addressis 14850 QUORUM DRIVE, SUITE 500 DALLAS, TX 75254 OE) "Note" means the promissory note signed by Borrower and dated JUNE 8TH, 2004 The Note states that Borrower '3wes Lender NINETY SEVEN THOUSAND AND NO/100 Dollars (U.S. $ 97,000.00 ) plus inter'st. Borrower has pronfised to pay this debt in regular Periodic Payments and to pay the debt i:a full not later than JULY 1ST, 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (It) "Riders" means all Riders ~o this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ~-] Adjustable Rate Rider [-5 Condominium Rider ~] Second Home Rider ~ Balloou Rider ~-.~ Planned Unit Development Rider ~-] 1-4 Family Rider [~ VA Rider ~-:_~ Biweekly Payment Rider [--'] Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and ad~ninistrative ',,'ales and orders (that have the effect of law) as well as all applicable fi~ml, non-appealable judicial opinions. (J) "Community Association D, ues, Fees, and Assessments" ~neans all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condonfinium association, homeowners association or similar organization. (K) "Electronic Funds Tran~';fer" means any transfer of funds, other than a transaction originated by check, draft, or si~nilar paper instrument, which is initiated through an electronic terminal, telephmfic instrmnent, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller nmchiue transactions, transfe?s initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means thc se items that are described in Section 3. (ND "Miscellaneous Proceeds"' means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) conde~mmtim~ or other taking of all or any part of the Property; (iii) conveyauce in lieu of condenmation; or (iv) nfisrepresentations of, or omissions as to, the value and/or condition of the Property. (iN) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" mear, s the regularly scheduled amount due for (i) priucipal and interest under the Note, plus (ii) any amounts under Section 3 6f this Security Instrumeut. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regnlation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additimml or successor legislation' or regulation that governs the same subject matter. As used in this Security Instrument, "R'ESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgat;e loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. MFg/Y7770 (11/00)/ 042-096147-6 Illin-dA(WY) (ooo61.o~ Page 2 o~ ~ Form 3051 1/01 '- 744 (Q) "Successor in Interest ,f ~Borrower" means any party that has taken title to the Property, whether or not that party has assumed Bor~:ower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN 'i'HE PROPERTY This Secnrity Instrument sec'ards to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; a~d (ii) the perfornmnce of Borrower's covenants and agreements under this Security Instrument andthe Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as no,niree~ for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, With power of sale, the following described property located in the COUNTY of LINCOLN : [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Legal description al~tached hereto and made a part hereof ParcellD Number: 3219C420200500 4372 HWY 238 AUBURN ("Property Address"): which currently has the address of , [Streetl [Cityl , Wyoming 83111 [Zip Code{ TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the tbregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, inc!uding, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not li,nited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, gran,~ and convey the Property and that the Property is unencmnbered, except for encumbrances of record. Barrower warrants and will defend ge,~erally the title to the Property against all claims and demands, subject~ to any encmnbrances of record. THIS SECURITY IN~';TRUMENT combines uniform covenants for natimml use and non-uniform covenants with linfited vari~.tions by jurisdiction to constitute a mtiform security instrument covering real property. MFWY7770(I1/00) ! 042-096147-6 (~)~-OAIWY) Iooo~.o~ Page3o~s Form 3051 1/01 745 UNIFORM COVENA~TS. Borrower and Lender covetmnt and agree as follows: 1. Payment of Princ:iPal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall'pay when due the principal of, and interest mt, the debt evidenced by the Note and any prepayment charges and late' charges due under the Note. Borrower shall also pay funds for Escrow Ite~ns pursuant to Section 3 Payments due under the Note and this Security Instrument shall be made in U.S. currency However, if any c ~eck or other instrument received by Lender as payment under the Note or this Security Instrument is rerun:ed to Lender unpaid, Lender nmy require that any or all subsequent payments due under the Note and th!.S Security Instrument be made in one or more of the following forms, as selected by Lender: (a) caS)J4 (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumental~.ty, or entity; or (d) Electronic Funds Transfer. Payments are deemed t~eceived by Lender when received at the location designated in the Note or at such other location as nmy be'designated by Lender in accordance with the notice provisions in Section 15. Lender nmy return any pay[trent or partial paymem if the payment or partial payments are insufficient to bring the Loan current. Len~.'~r may accept any payment or partial payment insufficient to bring file Loan current, without waiver of aaq rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted, If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on mmpplied funds. Lender may hold such unapplied funds 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 fl~em to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the fitture against Lender shall relieve Borrower from making payments due under the Note and this Security Irm'ument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and appl':ed by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) priacipal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any renutining amounts shall be applied first to late caarges, second to any other amounts due under this Security Instrmnent, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent tl:at 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. Auy application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change file amount, of the Periodic Payments. 3. Funds for Escrow .Items. Borrower shall pay to Lender ou the day Periodic Payments are due under the Note, until the Ncte is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property; if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiulns, if any, or any roms payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origi~mtion or at any time during the term of file Loan, Lender may require that Comnmnity Association Dues, Fees, an:l. 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. 30rrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's. obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Eunds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of suoh waiver, Borrower shall pay directly, when and where payable, the amounts MFWY7770 (11/00) / 042-0961q7-5 (~-5~(W¥! iooo8~.o~ Form 3051 1/01 due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall funfish to Lender receip.ts evidencing such payment widfin such time period as Lender nmy require. Borrower's obligation to mak~ such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreemen, contained in this Security Instrument, as the phrase "covenant and agree~nent" is used in Section 9. If Bo:rower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the arqqunt due for an Escrow Item, Leuder may exercise its rights under Section 9 and pay such amount and I: o)rower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revok.: the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 151 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then 'e/tuired under this Section 3. Lender nmy, at any time collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specifit~d under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Len:ler shall estimate the amount of Funds due on the basis of current data and reasonable estiumtes of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (it3cluding Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Ba~&. Lender shall apply the Funds to pay file Escrow Items no later than the time specified under RESPA. Leuder shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pernfits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires .interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on 'the Funds. Borrower and Lender can agree'in writing, however, that interest shall be paid on the Funds.' Lender shall give to Borrower, without charge, an ammal 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 Funds held in escrow, as defined under RESPA, L~.nder shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make tip the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there i.s a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordaace with RESPA, but in no more than 12 monthly payments. Upon payment in full ~f all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held(by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property 'w.ifich can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Conmmnity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in file ~nanner provided in Section3. Borrower shall prompdy discharge any lien which has priority over tiffs Security Instru~nent mfless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a mamler acceptable to Lender, 'but only so long a~ Borrower is performing such agreement; Co) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those Proceedings are pending, but only until such proceedings are concluded; or (c) secure~ l¥om the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security' InslrUment. If Lender determines that any part of the Property is subject to a lien which can attain priority ov,~r this Security Instrument, Lender nmy give Borrower a notice identifying the MFWY7770 (11/00) / 042-09614.7-6 (~-6A(WYI Iooo~}.o~ Page 5 of 16 Form 3051 1/01 0:9001.35 .... ,-.747 lien. Within 10 days of the dire on which that notice is given, Borrower shall satisfy tile lien or take one or more of tile 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 Left:let in connection with this Loan. 5. Property Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property insured against q~oss by fire, hazards included within the term "extended coverage," and any other hazards including, but.hot limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be mai~[ained in the amounts (including deductible levels) and for the periods that Lender requires. What Lendi.q- requires pursuant to the preceding sentences can change during the term of the Loan. The insurance car:'ier providing the tnsurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised mrreasonably. Lender nmy require Borrower to pay, in com~ection with this Loan, either: (a) a one-time charge for flood zone determination, certification ~.~d tracking services; or (b) a one-ti~ne charge for flood zone determination and certification services and subsequent charges each time reuhappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responSible for the payment of any fees imposed by the Federal Emergency Manage:nent Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to mdntain any of the coverages described above, Lender may obtain insurance coverage, at Lender's optio,a and Borrower's expense; Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and nfigh:'provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the inSurance coverage so obtained might significantly exceed the cost of insurance that-Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such po'licies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrowe:' obtains any .form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, tile 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 carrier and Lender. Lender may make proof of loss if nor made promptly by Borrower. U~fless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or :epair of the Property, if the restoration or repair is econotnically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceed; until Lender has had an opportmfity to inSpect such Property to enSure rile work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender :nay disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the w..ork is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower 'shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is m~t economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the suns secured by this Security Instrmnent, whether or not then due, with MFWY7770 (11/00) I 042-09614':-5 (~)~-6AIWYI (ooo6},Ol Page 6 o116' Form 3051 1/01 ,.: 7,'18 0900135 the excess, if any, paid to ~10rrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons, the Property, Lender may file, negotiate and settle any available insurance claim and related matters, f'f..: Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered:to settle a claim, then Lender may negotiate and settle file claim. The 30-day period will begin when th,.' notice is given. In either eveut, or if Lender acquires the Property under Section 22 or otherwise, 3:orrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the anmunts unpaid uuder file Note or this Security Instrument, and Co) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Leader may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid nnde¥ the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrcwer shall occupy, establish, and use the Property as Borrower's principal residence within 60 days at!ret the execution of this Security Instrument and shall continue to occupy the Property as Borrower's primipal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writinl;, which consent shall not be mu:easonably wiflfl~eld, or unless extenuating circumstances exist which ace beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, danmge or impai:~ the Property, allow the Property to deteriorate or connnit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain file Property in order to prevent the Propert3' from deteriorating or decreasing in value due to its condition. Unless it is deternfined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Properiy if daumged to avoid further deterioration or damage. If insurance or condennmtion proceeds arc,paid in cmmection with damage to, or the taking of, the Property, Borrower shall be responsible for repglring or restoring the Property only if Lender has released proceeds for such purposes. Lender nnay disbt~rse proceeds for file repairs and restoration in a single payment or in a series of progress payments as the w'.ork is completed. If the insurance or condenmation proceeds are not sufficient to repair or restore the Pro,3erty, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent amy make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender tray inspect file interior of the improvemeuts on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower slnall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave nmterially false, nfisleading, or inaccurate iufornmtion or statements to Lender (or failed to provide Le'nder with material infommtion) in connection with the Loan. Material representations include, bu: are not linfited to, representations concendng Borrower's occupancy of the Property as Borrower's prircipal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that r:fight significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrow'er has abandoned the Property, then Lender nnay do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including prote~'ting and/or assessing the value of the Property, and securing and/or repairiug the Property. Lender's actirns can include, but are not limited to: (a) paying any sums secured by a lien which has priority over th~s Security Instrument; (b) appearing in court; and (c) paying reasonable MFWY7770 (11/00) / 042-0961~:7,-6 (~)~-6AIWY) Cooosl.o~ Page ? °116 Form 3051 1101 09001 5 74 9 attorneys' fees to protect its igterest in the Property and/or rights under this Security Instrument, including Its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate buildi]~g or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender r'nay take action under this Section 9, Lender does not have to do so and is not under any duty or obligation, to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this ,Section 9. Any amounts disburse¢~ by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon lmtice from Lender to Borrower requesting pay~nent. If this Security [nstrurrent is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires f~.e title to the Property, the leasehold and tike fee title shall not merge unless Lender agrees to tike merger in writing. 10. Mortgage Insurame. If Lender required' Mortgage Insurance as a condition of nmking the Loan, Borrower shall pay the prenfiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance covd[-age required by Lender ceases to be available from the mortgage insurer that previously provided such in:;urance and Borrower was required to n~Lke separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premimns required to obtain coverage substantially equiv:~lent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to B~rrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected l:y Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated Payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundal:le loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultinmtely paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgag2 Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer sele':ted by Lender again becomes available, is obtained, and Lender requires separately designated paymerts toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in offect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower',,; obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower doe~: uot repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evahtate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions ~hat are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affil ate of any of the foregoing, ]nay receive (directly or indirectly) amounts that derive from (or might be ch:tracterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer~ the arrangement is often termed "captive reinsurance." Further: (a) Any such agreem~?nts will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mor~'gage Insurance, and they will not entitle Borrower to any refund. MFWY7770(ll/00) / 042-09614"/"-6 (~-6A(WY} Iooo~l.o] Paoe 8 of ~6 Form 3051 1101 0 00;t:35 750 (b) Any such agreem,;nts will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under ~he 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 In/ye the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage h'.Surance premiums that were unearued at the time of such cancellation or termination. 11. Assignment of M[i.;cellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid' to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to .restoration or repair of the Property, if the restoralion or repair is econonfically tbasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have die right to hold such Miscellaneous Proceeds until Lender has had an opl5ortunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provicted that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Leader shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not econo~nically 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 tothl: taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to -he sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial-taking, destruction, or loss in value of the Property in which the fair market value of the Property innnddiately before the partial takiug, destruction, or loss in value is equal to or greater than the amount of'fi~e sums secured by this Security Instrument innnediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the stuns secured by this Security Instrument shall be reduced by rite amount of the Miscellaneous Proceeds multiplied by the following, fraction: (a) the total amount of the sums secured i~mnediately before tile partial taking, destruction, or loss in value divided by (b) the fair market value of the Property inm~ediately before the partii~ taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or .loss in value of the Property in which tile fair lnarket value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured inmaediately before the partial taking, destruction, or loss in value, nnless Borrower and Lender otherwise agree in writing, the lVliscellaneons Proceeds shall be applied to the sums secured by this Security Inst,mment whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined~in the next sentence) offers to nmke an award to settle a claim for damages, Borrower fails to respond td Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Mi}cellaneons Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the thiid party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begnn that, in Lender's judgment, could ~esult in forfeiture of the Property or other material impairment of Lender's interest in the Property or ptghts under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, r~instate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of tire Property or other material impairment of Lender's trite'rest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied iii the order provideil ,for in Section 2. MFWY7770 (11/00) ! 042-096147-6 l~-6AIW¥1 loooel.o~ Page9o~ ~6 Form 3051 1101 o ool3a 12, Borrower Not Re]easedl Forbearance By Lender Not a Waiver. Extension of ae time for payment or modification of ~morfization of ~e su~ secured by this Security I~imment ~ranted by Lender m 8orrower or any ~ccesscr in Interest of Borrower shall not operate to release fl~e liability of 8orrower or any ~ccessors in lnteresf, of 8orrower. ~Mer shall not be required to eoflm~nce proceedings any ~ccessor iff Interest afi Borrower or to re.se to extend (ime for payment or o~erwise amorii~tion of ~e su~ secared by ~is Security h~immem by reason of any deem ~de by ~e Borrower or any ~ccessors in Interest of Borrower. Any forbearance by Lender in exercisifl~ any right or remedy iflcludia~, wi~out ~h~tatiofl, LeMer's accepance of payments ffo~ ihird person, entities or ~ccessors in Interes( of 8orkower or in amounts less fl~an ~e amoum ~en due, shall rot be a waiver of or preclade ~e exercise 'of any i4~ht or remedy. 13. ~oint and Se~eral,Liabilityl Co-siinersl ~ucc~sors a~d Assi[ns Bound. Bo~ower covm~ms and a~rees ~at Bo~ower's o;~li~atio~ aM liability ~mll be joint and several. However, any Borrower who co-si~ fins ~ecurity Instrument but does not execute ~e Note (a "co-si~ner"): (a) Security I~tmmeflt only to mortgage, ~rant aM convey ~e co-si~ner's interest in d~e Property under ter~ of fins ~ecufity [~tm-~ent; (b) is not perso~lly obit[areal to pay fl~e su~ secured by ~is Security I~tmmem; aM (c) a~rees tMt LeMer and any o~er Bo~ower can a~ree to extend, modi~, forbear or ~ke auy aCCol~nodaiio~ ,}i~ re~ard to ~e ter~ of ~is Security h~tm~eni or ~e Note wiflmut co-signer's consent. ~bject to fl~e provismns of Section 18, any ~ccessor in Interest of Bo~ower who assumes Borrower's obligations under ~is Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under ~is Security Instrument. Borrower shall not be released from Borrower's obligatio~m and liability under ~is Security I~tmment mdess Lender agrees to such release in writing, The covemnts and agree~nts of ~is Security hutmment shall bind (except as provided in Section 20) and benefit ~e shccessors and assig~ of Lender. 14, Loan Charge. Dnder nmy charge Borrower fees for se~ices perfomed in co~ection wi~ Bo~ower's default, for ~e pu~ose of protecting ~nder's interest in ~e Property and rights under ~is Security I~tmment, including, but not li~ted to, attorneys' fees, property i~pection and valuation fees. In regard to any off, er fees, the absence of express au~odty in tiffs Security I~tmment to charge a specific fee to Borrower shall not be go.trued as a prohibition on fl~e charging of such t~e Lender ~my not charge fees ~at are expressly prohif4ted by tiffs Security I~tmment or by Applicable Law. If fl~e Loan is subject tca law which sets n~xi~num loan charges, and ~at law is Orally inte~reted so · at ~e interest or o~er loan' charges collected or to be collected in co~ection wi~ fl~e Loan exceed the pe~tted li~ts, ~en: (a) auy such loan charge shall be reduced by ~e amount necessary to reduce the charge to ~e per~tted li~t; aM (b) any sunm already collected frmn Borrower which exceeded pen~tted li~ts will be re~nded to Borrower. Lender troy choose to nmke ~is re.nd by-reducing ~e principal owed under ~e Note or by ~mking a direct payment to Borrower. If a re~ud reduces principal, reduction will be treated a~ a partial prepayment wi~out any prepayment charge (whefl~er or not a prepayment charge is provided for under ~e Note). Borrower's acceptance of any such re.nd mdc by direct paymem to Borrower :Mil cmmtimte a waiver of any right of action Bo~ower ~ght have arising out of such overcharge. 15. Notices. All notic~:s given by Bo~ower or Lender in co~ection wi~ tiffs Security hmtmmeut must be in writing. Any notice to Borrower in cmmection wiflx tiffs Security I~tm~nent shall be deemed to have been given to Bo~ower when ~iled by first class n~il or when actually delivered to Borrower's notice address if sent by 0fl~er mea~. Notice to any one Borrower shall co~titute notice to all Bo~owers u~ess Applicable Law expressly requires o~erwise. The notice address shall be ~e Property Address u~ess Borrower has desigmted a substitute notice address by notice to ~nder. Bo~0wer shall promptly noti~ Lender of Bo~ower'~' change of address. If Lender specifies a procedure for reporting Borrower's change of address, ~en BorrOwer shall offiy repoa a change of address ~rough ~at specified procedure. There my be mdy one desigmted notice address under tiffs Security I~tmment at any one time. Any notice to Lender shall be gi'gen by delivering it o~ by roiling it by first class mil to ~nder's address stated herein u~ess Lender, has desigmted ano~er address by notice' to Bo~ower. Any notice in co~ection wi ~ ~is Secudt)~[Imtmmenr shall not be deemed to have been given to Lender until actually received by Lender, If any 5atice required by ~is Security Instrument is also required under Applicable Law, ~e Applicable Law requirement will satis~ ~e corresponding requirement under tiffs Security Instrument. M~7770 (11/00) / 042-09614"-5 mni~ia~.~~ ~6A{WY) tooo~).o~ Page ~o of ~s Form 3051 1/01 O. O01.3L; ""- .... 7,52 16. Governiug Law;i Severability; Rules of Construction. This Security InstrU~nent shall be governed by federal law an,':llthe law of the jurisdiction in which the Property is located. All rights and obligations contained in tli~ Security Instrument are subject to any requirements and linfitations of Applicable Law. Applicable' I'~aw might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such si.e~ce shall not be construed as a prohibition against agreement by contract. In the event that any provisio'a ~or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall no'. affect other provisions of this Security Instrument or the Note which can be given effect without the con:l~cting provision. As used in this Secu]:i~ Instrument: (a) words of the masculine gender shall mean and include corresponding neuter word~ or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice yersa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given'one copy of the Note and of this Security Instrument. 18. Transfer of the lh'aperty or a Beneficial Interest in Borrower. As used in this Section 18, "IntereSt in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests' transferred in a bond for deed, contract for deed, installment sales contract or escrow, agreement, the inten, of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and :~ beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require i~mnediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less. man 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to fl~e expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or denkand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (1:9 such other period as Applicable Law might specify for the terndnation of Borrower's right to. reinstate; or (c) entry of a judgment entbrcing this Security Instroment. Those conditions are that Borrow:r: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as :fno acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fi'es, property inspection and valuation fees, and other fees incurred for th~ purpose of protecting Lend,r's interest in the Property and rights under this SeCurity Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Inslrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall conti~me m~Changed. Lender ~nay require that Borrower pay such reinstatement stuns and expenses in one or more of the following fbrms, as selected by Lender: (a) cash; (b) ~noney order; (c) certified check, bank check: treasurer's check or caslfier's check, provided any such check is drawn upon an institution whose deposits .are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstaiement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective a~ if no acceleration had occurred. However, this right to reinstate shall not apply in the case of accelera59n under Section 18. 20. Sale of Note; Ch,q!nTe of Loan Servicer; Notice of Grievance. The NOte or a partial interest in the Note (together with thi::; Security Instrumen0 can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due und~er the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the-L0an Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be ~nade and any other ixfformation RESPA MFWY7770 (11/00) / 042-096147-6 (~}~-6AIWY) Iooo[1.ol Page ~ of ~s Form 3051 1101 O..qO0.1.,3, .... 75 3 requires in connection with a' notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer ~ther than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain withi the Loan Servicer or be transferred ,o a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the mqhnber of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasomtble period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to bei reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given [~ Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Sectioo. 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Fl,'tzardous Substances. As used in this Section 21: la) "Hazardous Substances" are those substances defined as toxic qr hazardous substances, pollutants, or wastes by Enviro~nnental Law and the following substances: gasoline, kerosene, other da,tunable or toxic petroleum products, toxic pesticides and herbicides, volatile solvt:nts, materials containing asbestos or formaldehyde, and radioactive materials; lb) "Enviromnental Law>' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; lc) "Enviromnental Cleanup" includes any response action, remedial action, or r~moval action, as defined in Enviromnental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,. anything affecting the Property la) that is in violation of any Enviromnental Law, lb) which creates an Enviromnental Condition, or lc) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding [wo sentences shall not apl:.ty to the presence, use, or storage on the Property of small quantities of Hazardous Substances that ,,re generally recognized to be appropriate to normal residential uses and to maintenance of the Property ~,including, but not limited to, hazardons subs,ances in consumer products). Borrower shall promptl~ give Lender written notice of la) any investigation, claim, demand, lawsuit or other action by any govenanental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, lb) any Environmental Condition, in~'luding but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and lc) any condition caused by the presence, use or release of a Hazardous Substance which i.adversely affects the value of the Property. If Borrower learns, or is ~mtified by any governmental or regli]atory 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 Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. MFWY7770 (11/00) / 042-096147-i5 (~-6AlWY) Iooo~{.o~ Page 12 o! 16 Form 3051 1/01 754 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Re~edies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior-to acceleration under Section 1.8 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the d~te specified in the notice may result in acceleration of the sums secured by this Security Instrument ~nd sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified ir, the notice, Lender at its option may require immediate payment in fnll of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing tbe remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees ahd costs of title evidence. If Lender invokes the power of sale, Lender shall give notice of intent to foreclose to Borrower and to the person in possession of the Property, if different, in accordance with Applicable Law. Lender shall give notice m' the sale to Borrower in the manner provided in Section 15. Lender shall publisb the notice of sale, ;{nd the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following ~rder: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security InstrUment; and (c) any excess to the person or persons iega;ly entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrament, but only if the fee is paid to a dfird party for services rendered and the charging of the fee is pemfi,:ted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. MFWY7770 (II/00) / 042-096147,6 I~I~-6AlWY) ~ooo~.o'l Page 13o! 16 Form 30,51 1101 09001Li5 755 BY SIGNING BELOV~ Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in ax~y Rider executed by Borrower and recorded with it. Witnesses: MELVIN LEO WADDLE -Borrower Glenda Sue Waddle (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower MFWY7770 (11/00) ! 042-09614":6 ~-6A(WY) (0006}.01 Page 14 o! 16 Form 3051 1101 California STATE OF The foregoing instrument was acknowledged before me tiffs by MELVIN LEO WADDLE AHD GLENDA SUE WADDLE, 756 Kern County ss: HUSBAND AND WIFE My Commission Expires: Notary Public ~""~ . -- ~ - MFWY7770 (11/00) / 042-096147-6 (~-6A(WY) Iooo61.o, Page 15 ol 15 Form 3051 1/01 LEGAL DESCRIPTION 757 Lot 1 of Block 24 to the T,Swn of Auburn, being a portion of the W~AE~A of Section 4, T32N Rll9W of the 6th P.M. Lincoln County, Wyoming also being described as follows: BEGINNING at a point 99,02 feet N 88023'36" W, from a BLM type monument found marking the Center-East 1/16th corner of said Section 4 and running S 89051'30'. W, 353.96 feet; thence N 0033'06'. E, 333 56 feet to the North line of said Block 24; thence N 89049'47" E, along the North line of said Block 24, 352.86 feet to the Northeast comer thereof; : thence S 0°21'44'' W, along the East line of said Block 24, 333.76 feet to the point of beginning.