HomeMy WebLinkAbout90208330812
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Rr:~C ..IVED
COUNTY CLERK
902083
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DEFINITIONS
MORTGAGE
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,
20 and 21 Certain rules regarding the usage of words used in this document are also provided ill Section 16.
(A) "Security Ipstrument" means this documem, which is dated ........................ 0.7:~.720p.4. together
with all Riders to
(B) "Borrower" is JAMES NElL ~ARGASON AND TAMERA VARfiASON JO NT TENANCY W TH R GHTS OF SURV VORSH P
Bo rrower is the mortgagor under this Security lnstruinent.
(C) "Lender" is ENTERPRISE BANK N.A.
....................... , ............................................................................................................... l.euder is a
............ . ........................................................................................ organized aud existing under the laws of
THE UNITED STATES OF AMER CA
.............................................................................. Lender's address is .!2..8p.0..W.E.S.T..C.[.N. ].E.R. BO.A.D..O.MA.t!A, NE. ......
68144
............................................................................... Lender is Ibc mortgagee under this Security lnstrurnenl.
(D) "Note" means the promissory note signed by Borrower and dated 0.7.2.1.'2004 ............................................... The
Note states that Borrower owes Lender ONE MILLION [IOHIYIHOUSANDANO N0/100
................................................. Dollars (U.S $ L.0.8.0,0.0.Q.P.0. ................ ) plus interest. Borrower has promised to
pay this debt in regular Periodic Payments and to pay tike debt in full not later than 02-0.1.-~.0.0~ .....................................
(E) "Property" means the property that is described below under the heading "Transfer of Rights in lhe Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the
Note, and all stuns due under this Security Instrument, plus interest.
'(G) "Riders'; mc,~.ns all Riders to this Security lnstrmnent that are executed by Borrower. The following Riders are to be
executed by E~::-£-:..~--:check box as applicable]:
,~,..:z .~.,..:~. x~';~. Rider [] Condominium Rider [] Second Ilome Rider
[] Bahc.---: Ride, r [] Planned Unit Development Rider [] Other(s) [specify] ......................
[] 1-4 7a:'~5.'.~ _-2:der [] Biweekly Payment Rider
(Il) "Applicable Law" means all controlling applicable federal, state and h)cal statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable iudicial opinions
(I) "Conununity Association Dues, Fees, and Assessmentsn means all dues, fees, assessmen'ts and oiber char~es thai are
hnposed on Borrower or the Property by a condominium association homeowners association or similar oreanh, ation
(J) "Electronic Funds Transfer" means any transfer of funds, 'other than a transaction originated b~ cl~e~k, 'draft, or
shnilar paper instrument, which is initiated through an electronic terminal, telephonic instrmnem computer, or magnetic
tape so as to order, instruct, or authorize a financial institution to debit or credit alt account. Stich teml includes, l'mt is
not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by lelephoue, wire
transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those hems that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation settlement award of d~unages or proceeds paid by any Ihird
part~ (other than insurance proceeds .paid under the cover'~ges described itl Section 5) tor:'(i) damage to tlr destruclton of
the..t'r, ope. rty; (ii) condemna~tion or outer taking of all or any part of Iht Prt)pcrly; (iii) conveyance iu lie~ of condemnation;'
or (iv),, misrepresentations' oi, or omissions' ' as Io, the value and/or condilio ~ of the Property
(M),,M°rtgage. . Insurance" means insurance' protecting Lender against the nonpayment of or default ou the I dan
(.N..) Peno&c Payment" ~neans the regularly scheduled mnount due I'm' (i) principal a~d interest un~Jer th~ N~ite, plus
(ii) anyamounts under Section 3 of this Security Instrument.
)fers to all .r.e,.quirenlents and restrictions that are imposed in regard to a "federally related xrtort~atte loan" even il' tike I da,
es not quamy as a "federally related mortgage loan"under RESPA. - .....
(P) "Snccessor in Interest of Borrower" Kneans any party that has taken tit c to tile Pro err , whether or not that )art I ·
assumed Borrower's obligations under the Note and/or this Security Instrument. P Y I y las
TRANSFER OF RIGHTS IN THE PROPERTY
This Security, Instrument secures to Lender: (i) the repayment of the L(mu, and all renewals, exlensions and modificalions
of lhe Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and tile Nole.
For this purpose, Borrower does hereby mortgage, grant and convey to l~ender and Lender's successors and assigns, with
power of sale, the following described property located in the COUNTY
...................................................................... of
['type of Recording Jurisdictionl
LINCOLN
[Name of Recordirl~l JurisdiclionJ
SEE ATTACHED EXHII~IT "A"
WYOMING - Sihgle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Banker, Sysiems, Ibc., St/Cloud. MN Form MD-1-WY 8/21/2OOO
ref: 1/2OO 1 (ffage ] of 7
Form 3051 !/01
which currently has the address of 9fi987 I~ filJW. AY 89 ~
T~.qYNE
....................................................... Wyomi~ .~.1.2! ................................. ("Properly Address"):
Icityl [zit~ Codel
TOGETHER WITH all the ~provements now or hereafter creeled on llie 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 foregoin~ is referred to in this Security lnslrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of II~c cstale hereby conveyed and has the right to
moa~age, grant and convey the Property and that the Property is unencuntbcred, excepl for e~mumbrances of record.
Borrower warranls and will defeud generally the title to the Property agaiust all clahns and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniflmn covenants with
limited variatio~ by jurisdiction to co~titute a unilbnn security i~trument covering real property.
UNIFO~ COVENANTS. Borrower and Lender covenant and agree as fl~llows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and interest on, the debt evidenced by the Nolc ;md any prepaymem charges and Idle charges
due under the Note. Borrower shall also pay funds for Escrow Items pursuam m Section 3. Payments due under the Note
and this Security l~trument shall be made in U.S. currency. However, if any chec~ or other i~trument received by
Leader as payment under the Note or this Security Instrmnent is returned m t.cnder unpaid, Lender may require that any
or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following
fom~s, as selected by Lender: (a) cash; (b) money order; (c) cerdfie~ chcc~, ban~ check, treasurer's chec~ or cashier's
chec~, provided any such chec~ is drawn upon an institution whose deposits are insured by a federal agency,
instmmentaliw, or emity; or (d) Electronic Funds Tra~fer.
Payments are deemed receNed by Leader when received at the location designated in the Nole or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return a~
payment or panini payment ff the payment or panini payments are insufficient to bring the Loan current. Lender may
accept any payment or partial payment insufficie~ to bring the.Loan current, without waiver of any dgh~s hereuuder
prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated 1o apply such
payments al 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 unapplied 'funds. Lender n~y hold such unapplicd funds until Borrower ma~es payment to
bring the Loan current. If Borrower does not do so within a reasonable peri{~d of lime, Lender shall eid~er apply such
funds or return them to Borrower. If not applied earlier, such fun~s will be applied to the outslaadin~ principal balance
under the Note h~m~ediately prior to foreclosure. No offset or clahn which Borrower might have now or in the future
agai~t Lender shall relieve Borrower from ma~in~ payments due under the Nole and this Security lns~rumem
performing the covenants aaa agreements secured by this Security Instrmncnt.
2. App~cation of Payments or Proceeds. Except as otherwise described in this Section 2, all paymcms accepted
and applied by Lender shall be applied in the followiug order of priority: (a) interest due under the Note; (b) principal due
under lhe Note; (c) amounts due under Section 3. Such payments shall be applied 1o each Periodic Payment in tl~e order in
which it bec~ne due. Any remaining ~ounts shall be applied first to Idle charges, second to any other amounts due under
this ~ecurky I~trument, and then Io 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 die late charge. If more dnax one
Periodic Payment is outstanding, Lender may apply any payme~ received fi'mn Bmrower to the repaymem of ihe Periodic
Payments if, and to the exte~ that, each payment can be paid in full. To thc cxlent that any excess exisls after the paymeut
is applied to the full payme~ of one or more Periodic Payments, such excess may be applied to any la~e charges due.
Volunlary prepayments shall be applied first to any prepayme~ char~es and then as described in the Note.
Any application of payments, i~uraace proceeds, or Miscellaneous Proceeds to principal due umler the Note shall
not extend or postpone the due date, or change the ~ount, of the Periodic Payments.
3. Fnnds for Escrow Items. Borrower shall pay to Lender on thc day Periodic Payments are due under dxe Note,
until the Note is paid in full, a sum (the "Funds") Id provide for paymc~nl tff amounts due for: (a) taxes and assessments
and other items which can at,in priority over this Security Instrument as a lien or encumbrmme on the Property; (b)
leasehold payments'Or ~round rents on the Property, if any; (c) premiums ibf any and all insura~me required by Leader
under Section 5; and (d) Moagage I~urance premimns, if any, or any sunxs payable by Borrower to Lender in lieu of the
payment of Montage I~urance premiums in accordance with the provisions of Section 10. These items are called
"Escrow Items." At origi~tion or at any thne during the term of the l_oan, Lender may require {hat Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, dud such dues, fees and assessments shall be
an Escrow Item. Borrower shall promptly furnish to Lender all notices of amtmuts to be paid under lints Section. Borrower
shall pay Lender the Funds for Escrow Items mfless Lender waives Borrower's obligation to pay Iht Funds for any or all
Escrow Items. Lender may wane Borrower's obligation Id pay to Lender Funds for any or all Escrow Items at any dine.
Any such waiver may o~y be in writing, la the event of such waiver, Borrower shall pay directly, when dud where
payable, the ~ounts due for any Escrow Items for which payment of l:'uuds has been waived by Lender and, if Lender
requires, shall furnish to Lender receipts evidencing such payment within such time period as Leader may require.
Borrower's obligation to ma~e such payments and to provide receipts shall flu' all purposes be deemed to be a covenanl and
agreement co~inea in this Security I~trmnent, as the phrase "covenant and agreement" is use~ in Section 9. if Borrower
is obligated to pay Escrow Items directly, pursuant to a waiver, ann Borrower fails to pay the amount due for an Escrow
Item, Lender may exercise its rights unOe~ Section 9 and pay such mnounl and Borrower shall then be obligaled under
Section 9 to repay to Leader any such ~ount. Lender may revoke the waiver as Io any or all Escrow Items al any time
a notice 'given in accordance with Sectbn 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and iu
such ~munts, that are then required under this Section 3.
Lender may, at any t~e, collect and hold Funds in an ~ount (a) sufficient to permit Lender Io apply the Funds at
the thne specified under ~SPA, and (b) not Io exceed the maxhnum amoum a lender can require u~der RESPA. Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of fuiure
Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an i~titution whose deposits are insured by a federal agency, i~trumenlality, or
(including Lender, ff Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank Lende~
shall apply the Funds m pay lhe Escrow Items no later than the thne specified under RESPA. Lender shall not charge
Borrower for holding and applying the Funds, annually analyzing the escrow account, or ved~ing the Escrow l~ems,
u~ess Lender ~aUs Borrower iaterest onthe Funds and Applicable Law pcrmils Lender to ma~e such a charge. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on dxe Funds, Lender shall not be required to
pay Borrower any interest or earnings on the Fu~s. Borrower and Lender can agree in writing, however, thai interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, au annual accou~iu~ of the Funds as required
by ~SPA.
If there is a surplus of Funds held in escrow, as defiued under RESPA, Lender shall account io Borrower R~r
excess funds in accordance with RESPA. If there is a sho~ge of Funds held in escrow, as defined unde~ RESPA, Lender
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Bankers Systems, Inc., St. Cloud, MN Form MD-1-W~ '8/21/2OOO
shall notify Borrower as required by RESPA, and Borrower shall pay lo Lender Ihe amount necessary to make up the
shortage in accordance with I:GESPA, but in no more than 12 monthly payments, if there is a deficiency of Funds held in
escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay m Lender
the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 momhly paymems.
Upon payment itl full of all sums secured by this Security lnstrUlnCnl, Louder shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and hnpositions attributable to the
Property which can attain priority over this Securily Instrument, leasehold payments or ground rents on the Property, if
any, and Community Association Dues, Fees, and Assessments, if any. T~) lhe extent that these items are Escrow Items,
Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees 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 p'erfomfing such agreement; (b) contests the lien in good faith by, or defends against enft)rcement of the lien
in, legal proceedings which in Lender's opinion operate to prevent the enfi)rcement of thelien while those proceedings are
pending, but only until such proceedings are concluded; or (c) secures from thc holder of the lien an agreement satisfactory
to Lender subordinating the lien to this Security Instrument. If Lender determines that any pan of the Property is subject to
a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying tile lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy tile lien or take one or more of the actions
set forth above in this Section 4. '
Lender may require Borrower to pay a one-thne charge for a real estate tax verification and/or reporting service
used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the hnprovemeuts now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended cuverage," and any other hazards including, but
not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the
amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant m the
preceding semences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen
by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably.
Lender may require Borrower to pay, in connection with this l..oau, either: (a) a one4ime charge for flood zone
determination, certification and tracking services; or (b) a one-thne charge for flood zone determination and certification
services and subsequent charges each tflne remappings or shriller changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for fl~e payment of any fees hnposed by the Federal
Emergency Management Agency'in connection with the review of any flood zone determination resulting h'om 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 expense. Lender is under no obligation to purchase any particular type or amount of
coverage. Therefore, such coverage shall cover Lender, but might or ndghl not protect Borrower, Borrower's equity ill lhe
Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage
than was previously in effect.: Borrower acknowledges that the cost of the insurance coverage so obtained might
significantly exceed the cost of insurance that Borrower could have obtained. Ally mnounts disbursed by l.ender under this
Section 5 shall become additional debt of Borrower secured by this Security Instrument. These mnounts 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 I.ender's right Io
disa. ppr0¥e.~u¢h policies, 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 Leiider requires,
Borrower shall promptly give to Lender all receipts of paid prentiums and renewal notices. If Borrower obtains any form
of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall
include a standard mortgage clause and shall name Lender as mortgagee and/or ;is an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance
proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the
Property, ff the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such insurance p,'occeds until Lender has had an opportunity to
inspect such Property to ensure the work has been completed to Lender's satisfactkm, provided that such inspection shall
be undertaken 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 au agreement is made in writing or Applicable Law requires interest
to be paid on such insurance proceeds, Lender shall not be required lo pay Borrower any interest or earnings on such
proceeds. Fees'for public adjusters, or other third parties, retained by Ilorrower shall not be paid out of tile insurance
proceeds apd shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's
security would, be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the ruder
provided for in Section 2.
If Borrower abandons' the Property, Lender may file, negotiate and settle any available insurance Claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lender lnay negotiate and settle the claiIn. The 30-day period will begin when lhe notice is given, la
either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to 1.ender (a)
Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security
Instrument, and (b) arty 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 right, s are applicable., to tile coverage of the
Property. Lender may use Ihe insurance proceeds either to repair or restore the Property or to pay amouilts unpaid under
the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60
days after the execution of this SeCurity Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent sball
not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maifltenance and Protection of the Property; Inspections. Borrower shall not destroy, damage
or hnpair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is
residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or
decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property il' danlaged to avoid further detcrioralion or damage.
If insurance or condemnation proceeds are paid in connection with damage to, or the laking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds fl)r such purposes. Lender
may disburse proceeds for Ihe repairs and restoration in a single paymenl or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not
relieved of Borrower's obligation for the completion of such repair or restoration.
WYOMIN,G - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Bankers Systems. Inc., St. Cloud, MN Form MD-l-WY B/21/20OO
Lender or its agent may make reasonable entries upon and inspecd,ms of lhe Property. If it has reasonable cause,
Lender may inspect the interior of the ~provements on the Property. Lender shall give Borrower notice al thc dine of or
prior to such an interior inspection specifying such reasmmble cause.
8. Borrower's Loan App~cadon. Borrower shall be in default if, during the Loan application process, Borrower
or any perso~ or entities acting at the direction of Borrower or with Borrower's knowledge or conscm gave mamrially
false, misleading, or inaccurme i~ffonnation or statements to Lender (or failed to provide Lender wid~ material
i~ormation) in connection with the Loan. Material representations i~cludc, but are not limiled to, represemadons
concerning Borrower's occupaucy of ~he Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Prope~y and Rights Under Hlis Security Instrmnenl. If (a) Borrower
fails to perfoml the covenants and agreements contained in this Security lnstrumcnl, (b) there is a legal proceeding
might significantly affect Lender's interest in the Property and/or rights under this Security lnslrument (such as a
proceeding in ba~ruptcy, probate, for condemnation or forfeiture, fi~r cnfi)rcement of a lien which may aitain priority
over this Security Instrument or to enforce laws or regulation), or (c) Borrower has abandoned the Property, Ihen Lender
may do and pay for whatever is reasonable or appropriate to protect Le~dcr's interest in lhe Property and righls under Ibis
Security Instrument, including protecting and/or assessing the value of thc Property, and securing and/or repairing the
Property. Lender's actions can i~mlude, but are not limited to: (a) payi~g any sums secured by a lien which has priority
over this Securily Instrument; (b) appearing in court; and (c) paying reastmablc altorueys' fees to protect its imercsl in Ihe
Property and/or rights under this Security Instrmnent, including its secured position in a ba~ruptcy proceeding. Seeming
the Property includes, but is not limited to, entering the Prope~y to make ~cpairs, change locks, replace or board up doors
attd windows, drain water from pipes, eliminate building or other colic violations or dangerous conditio/m, and have
utilities turned on or off. Although Lender may take action under this Scclio~l 9, Lender does not have Io 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
author~ed under this Section 9.
Any ~munts disbursed by kender under this Section 9 shall become additional debt of Borrower secured by this
Security I~tr~ent. These mounts shall bear interest at the Note rate from thc date of disbursement and shall be payable,
with such interest, upon notice from Lender to Borrower requesting payment.
If riffs Security I~trmnent is on a leasehold, Borrower shall comply with all the provisions of lite lease. If
Borrower acquires fee lille to the Property, the leasehold and the fee lille shall not merge unless Lender agrees lo Ihe
merger in writing.
10. Mortgage Insurance. If Lender required Mortgage 'fnsurance as a condition .of making the Loan, Borrower
shall pay the premiums required to maintain the Mortgage Insurance in cf foci. l f, fi~r any reason, the Mortgage Insurance
coverage required by Lender ceases to be available from the mortgage insurer Ihal previously provided such insurance and
Borrower was required to make separately designated payments toward d~c premiums Ibr Mortgage Insurance, Borrower
shall pay the premiums required to obtain coverage substantially equivalcnl Id dm Mortgage l~urance previously iu effect,
at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in efl~ct, from au allernate
me,gage i~urer selected by Lender. If substantially equivalent Mortgage Insurance coverage is ~m{ available, Borrower
shall continue to pay to LeMer the mount of the separately designated payments dmt were due when the insurance
coverage ceased lo be in effect. Lender will accept, use and retain these paymcnls as a ~mmrefundable loss reserve in lieu
of Moflgage I~urance. Such loss reserve shall be non-refundable, nolwid~slanding dm fact that the Loan is ullimalely
paid in full, and Lender shall not be required to pay Borrower any interest t)r earnings on such loss reserve. Lender can no
longer require loss rescue payments if Moagage l~urance coverage (in Ihe amount and for lhe period that Lender
requires) provided by an insurer selected by Lender again becomes awtilablc, is obtained, and Lender requires separately
desigmted paymems toward the premims for Mortgage Insurance. If l~endcr required Moflgage Insurance as a condition
of making the Loan and Borrower was required to nmke separately designated payments toward the premiums for
Mortgage I~urance, Borrower shall pay the premimns required to maimaiu Mortgage Insurance in effect, or to provide a
non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wrillen
agreemem between Borrower and Lender providing for such temfination or until termination is required by Applicable
Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance rehnburses Lender (or any entity that purchases thc Note) for certain losses it may incur if
Borrower does not repay the Loan as agreed. Borrower is not a party to thc Mortgage I~urance.
Moagage insurers evaluate their total risk on all such insurance iu force front time to time, and may enter into
agreements with other petites that share or modify their risk, or reduce Ic~sscs. These agreements are on terms and
conditio~ that are satisfacto~ Io the mortgage i~urer and the other parly (or parties) Io these agreements. These
agreements may require the mortgage i~urer to make payments using any st~urce of funds that the mortgage insurer may
have available (which may include funds obtained from Moagage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Nolo, anod~er insurer, any reinsurer, any other entity,
or any affiliate of any of the R}regoing, may receive (directly or indirectly) amounts that derive from (or might be
characler~ed as) a poaion of Borrower's payments for Moagage h~urancc, ia exchange for sharing or modi/~ing lite
moagage insurer's risk, or reducing losses. If such agreement provides thai an affiliate of Lender takes a share of insurer's
risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance."
Further:
(a) Any such agreements wffi not affect the ~ounts that Borrower has agreed to pay lbr Morlgage
~surance, or any other terms of the Loan. Such agreements will not increase the mnmmt Borrower will owe lbr
Mortgage Insurance, ami they will not entitle Borrower to any rebind.
(b) Any such agreements wffi not affect the rights Borrower has--if any--with respect to the Morlgage
h~surance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right
receive ceftin disclosures, to request and obt~n cancellation of the Mortgage Insurance, to have the Mmtgage
Insurance terminated automatica~y, and/or to receive a rebind of any Mortgage ~sorance preminms lhat were
unearned at the t~e of such canceflation or termination.
11. Assignment of ~scellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
shall be paid to Lender.
If the Property is dmnaged, such Miscellaneous Proceeds shall be applied Io restoration or repair of the Properly, if
the restoration or repair is economically feasible and Lender's security is n.t lessened. During such repair and resloratiou
period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect
such Properly to e~ure the work has been co~npleted to Lender's satisfaction, provided that such inspection shall be
uncle,ekco 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, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessetmd,
the Miscellaneous Proceeds shall be applied to the sums secured by this Securily Instrument, whether or not then due,
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 to~l inking, destruction, or loss in value of lhe Property, ibc Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or llt)l Ihcn due, with the excess, if any, paid
Borrower.
In the event of a partial taking, destruction, or loss in value of d~e Property iu which the htr market value of d~e
Property itmnediately before the partial taking, destruction, or loss in value is equal to or grea~er than the amount of the
sums secured by this Security I~trment immediately betbre the partial inking, destruction, or loss in value, unless
Borrower and Lender olherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT J t~ Form 3051
Bankers Systems, Inc., St, Cloud, MN Form MD 1-WY 8/21/2000 (I)a~e 4 of 7ffage5')~'
amount of the Miscellaneous Proceeds multiplied by the following fractiou: (a) Ihe total amouut of'the snms secured
hmnediately befbfe the pa~ial Inking, destruction, or loss in value divided Dy (b) the fair market value of the Property
h~m~ediately before the partial ~king, destruction, or loss in value. Auy balance shall be paid to Borrower.
In the event of a partial Inking, destruction, or loss in value of ibc Property in which the fair mafkel value of the
Property h~ediately before the partial taking, destruction, or loss in value is less than the amount of Ihe sums secured
hmnediately before the partial taking, destruction, or loss in value, unless Borrower and Lender olhecwise agree in
writing, the Miscellaneous Proceeds shall be applied to the sums secured by lids Security [nslfutncn{ whefl~er of not
sums are then due.
If the Propegy is abandoned by Borrower, or if, after notice by Lcndc~ to Borrower that IBc Opposing Party (as
defined in the next sentence) off'ecs to make an award to settle a claim for damages, Borrower Mils 1o respond to Lender
within 30 days after the date the notice is given, Lender is aulhorizcd to collecl and apply the Miscellaneous Proceeds
either to restoration of repair of the Prope~y or to tile sums secured by this Security Instrument, whether o~ not then due.
"Opposing Party" mea~ the third party that owes Borrower Miscellaneous Proceeds of the party against whom Borrower
has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default R' any action or proceediug, whcthm' civil or criminal, is Begun that, in LendeFs
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest iu the Property or
rights under this Security l~trument. Borrower can cure such a default and, if acceleration has occurred, reinsiate as
provided in Section 19, by causing the action or proceeding to be dismissed wilh a ruling that, in Lender's judgment,
precludes forfeiture of the Properly or other material hnpakment of Lemlcr's interest in the Property or ~ights tamer this
Security Instrument. The proceeds of any award or claM~ for damages that are auributable to the impairment of l~endcr's
interest in the Properly are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of thc Prope~y shall be applied in the order
provided lbr in Section 2.
12. Borrower Not Rele~ed; Forbearance By Lender Not a Waiver. Extmmion of the time for-payment or
modification of mnort~ation of the sums secured by this Security lustrumeut granted by Lmdcr to Borrower or any
Successor in Interest of Borrower shall not operate to release the liaBilily of Borrower or any Successors in lmerest of
Borrower. Lender shall not be required to cotmnence proceedings against any Successor in Inlcrest of Borrower or to
refuse to extend time for payment or otherwise modify mnon~gtion of thc sums secured by tltis Security lnstrumcut by
reason of any demand made by the original Borrower or any Successors iu Interest of Borrower. Any forbcarauce by
Lender in exercising any right or re~nedy including, without limitatiou, l.ender's acceptance of payments from third
persons, entities or Successors in Interest of Borrower or in mnounts less ihau thc mnount then due, shall not be a waiver
of or preclude the exercise of any right or remedy.
13. Joint and Several Liabi~ty; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joi~a and several. However, any Borrower who co-signs Ibis Security
I~trmneta but does not execute the Note (a "co-signer"): (a) is co-signing tiffs Security Instrument only to mortgage, grant
and convey the co-signer's interest in the Property under the terms of this Security Instrmncnt; (b) is not personally
obligated to pay the sums secured by this Security Instrmnent; and (c) agrees thai Lender and any other Borrower eau agree
to extend, modi~, forbear or ~nake any acco~nodations with regard to thc tcnns of this Security Instrument or thc Note
without the co-signer's consent.
Subject to the provisions of Sectio'n 18, any Successor in Interest of Borrower who assumes Borrower's obligatious
under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefi{s
under this Security Instrument. Borrower shall not be released from Borrower's obligatious and liability under this
Security I~trument uMess Lender agrees to such release in writiug. Thc covenants aud agreements of Ibis Security
Instrument shall bihd (except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for sc~ices pcrlbrmed in connection with Borrower's
default, for the pu~ose of protecting Lender's interest in the Property and riglns under this Security Instrument, including,
but not limited to, attorneys' I~es, propeay inspection and valuation fees. In regard to any other fees, the absence of
express authority in this Security Instrument to charge a specific tee to Bturowcr shall not be construed as a prolfibition on
the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security lnstrmneut or by
ApplicaBle Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally iuterprcled so that the
iulerest or other loau charges collected or to be collected iu connectiou with the Loan exceed the permitted limits, lhen: (a)
any such loan charge shall be reduced by the mnount necessary to reduce thc charge to the pennilted limit; and (b) auy
sums already collected from Borrower which exceeded permitted lhnits will be refunded to Borrower. l~cntler may choose
to make this refund by reducing the principal owed under the Note or By making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any prepayme~a charge (whetlier or not a
prepaymem charge is provided for under the Note). Borrower's acceplaucc of auy such refund made by direct payment lO
Borrower will co~titute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in conncctiou with Otis Security Instrument must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by first class mail or when actually delivered to Btu-rower's uotice address if scut hy other means.
Notice to any one Borrower shall co~titute notice to all Borrowers uulcss Applicable Law expressly requires otherwise.
The notice address shall be the Properly Address udess Borrower has designated a substitute notice address by notice to
Lender. Borrower shall promptly noti~ Lender of Borrower's change of address. If Lender specifies a procedure for
reporting Borrower's change of address, then Borrower shall otfly report a change of address through thai specified
procedure. There may be oMy one designated notice address under this Security Instrument at any one time. Any notice
Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein uulcss Lender
has designated another address by notice to Borrower. Any notice in councction with this Security lnsu-ument shall not Be
deemed to have been given to Lender until actually received by Lender. If auy nolice required by this Security Instrument
is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding ~cquircmcnt under
this Security I~trument.
16. Governing Law; Severabi~ty; Rnles of Construction. This Security Instrument shall be governed by federal
law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in fids Securily
lnstrmnent are subject to any requiremenls and lhnitatiom of Applicable Law. Applicable Law might explicitly or
hnplicitly allow the panics to agree by contract or it might be sileut, but such silence shall not be construed as a
prohibition against agreement by contract. In the event that any provisiou or clause of this Security luslrumenl or the
co~ictS with Applicable Law, such co~ict shall not affect other provisions of this Security Instrument or tl~e Note which
can be given eft~ct without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and
(c) the word "may" gives sole 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 Prope~ay or a Beneficial Interest in Borrower. As used in this Section 18, "Interest iu the
Property" means any legal or beneficial interest iu the Property, iucludiug, but not lhnited to, those beneficial interests
WYOMING . Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fo[m a051 1/01
Bangors Sysloms, Inc., St: Gtoud, MN Fom~ MD 1-WY ~12112000 (page 5 of 7pages)
transferred in a bond for deed, contrac't for deed, instalhnen! sales conmtct or escrow agreement, the inlcnt of which is the
trat~fer of title by Borrower at a future date to a purchaser.
If all or any part of the Propeay or any Interest in lhe Properiy is sold or lral~ferred (or il: Borrower is not a
natural person and a beneficial interest iu Borrower is sold or transferred) wid~om l.cnder's prior w~i~teu cm~scm, Lender
may require ~ediate payment in full of all sums secured by tiffs Security Insuument. llowever, fids option shall nol 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 than 30 days from fl~e date the notice is given in accordance wire Section 15 wilhin which Borrower must pay
all SHIllS secured by this Security Instrmneut. If Borrower fails to pay d~csc sums prior to d~e expiration of this period,
Lender may invoke any remedies pemfitted by this Security I~trument wide,mt furd~er notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Ilorrower shall have
the right to have enlBrcement of this Security hmlrument discontinued al any time prior to the earliest of: (a) five days
before sale of the Property pursuant to any power of sale contained in dfis Security Instrument; (b) such other period as
Applicable Law might specify for the temfination of Borrower's right to reinstate; or (c) entry of a judgment eHfi)rcing this
Security hmtrument. Those conditiom are that Borrower: (a) pays Lender all sunls which then would be due UlIdcr
Security l~trument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expe~es incurred in enforcing this Security Insu'umcm, including, but not limited to, reasonable
attorneys' fees, propeay i~pection and valuation fees, and other fees incurred IBr the purpose of protecting l~cnder's
interest iu the Prope~ and rights under this Security lnslrument; and (d) takes such action as l.ender may reasonably
require to assure that Lender's interest in the Property and rights under riffs Security Instrument, and Borruwc~'s obligatitm
to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
reinstatemem sums aM expenses in one or more of the following INms, as selected by Lender: (a) cash; (b) money order;
(c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon aa institution
whose deposits are insured by a federal agency, itmtrumentali~y or cmity; or (d) Electronic Funds Transfer. Upon
reinstateme~a by Borrower, this Securily hmtrument and obligations secured hereby shall remain fully efl~ctive as if no
acceleration had 9centred. ltowever, Ihis right to reinstate shall not apply in tl~c case of acceleration under Section 18.
20. Sale of Note; Change of Loan Se~icer; Notice of Griewmce. The Note or a pardal interest in
(together with this Security Insu'umen0 can be sold one or mo(e times wilhout prior notice to lh)rrowcr. A sale mighl
result in a change in the entity (known as the "Loan Servicer") that collects I'criodic Payments duc under the Nole and rids
Security Instrument and performs other mortgage loan se~icing' obligalions under thc Nfte, this Security Instrumefll, and
Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of thc Nolo. if lherc is a
change of the Luau Se~wicer, Borrower will be given written nolice of tl~c cha~gc which will state the nmnc and address of
the new Loan Se~icer, the address to which payments should be nladc and any other inlbrmatiou RESPA requires in
connection with a notice of transtar of se~icing. If iI~e Note is sold and dtcrcaftcr the Loan is serviced by a I,oan Servicer
other lhan the purchaser of the Note, the mortgage loan se~icing obligadm~s to Borrower will remain wilh the I.oan
Servicer or be transferred to a successor Loan Servicer and arc riel assuutcd by the Note purchaser unless olhe~wisc
provided by the Note purchaser.
Neither Borrower nor Lender may connnence, join, or be joined to any judicial action (as either an individual
litigant or the member of a class) that arises from the other party's aclious pursuant io ibis Security lustrulnent
alleges thht the other party has breached any provision of, or any duty owed by reason of, this Security lustrumcm, umil
such Borrower or Lender has notified the other party (with such notice given in compliance with the requiremeuls of
Section 15) of such alleged breach and afforded the other pony hereto a reasonable period after thc giving of such notice to
take corrective action. If Applicable Law provides a thne period which mull elapse bel~)re certain aclion can be taken, that
thne period will be deemed to be reasonable for purposes of this paragraph. Thc notice et acceleration and op0ornmity ~o
cure given to Borrower pursuant to Section 22 and the notice of accelcraliou given to Borrower pursuant to Section 18
shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "ltazardtms Substances" are those subslanccs defined
toxic or h~ardous substances, pollutants, or wastes by Environmental l~aw and the following substances: gasoline,
kerosene, other flmnmable or toxic petrolemn producls, toxic peslicidcs and herbicides, volatile solvents, materials
conlaining asbestos or fornmldehyde, and radioactive materials; (b) "Enviromnental Law" ineans l~deral laws and laws of
the jurisdiction where the Property is located that relate to health, safety ~r environmental protection; (c) "Environmemal
Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental l.aw; and (d) an
"Enviromnental Condilion" means a condition that can cause, contribtuc lo, or otherwise trigger an Enviromncnlal
Cleanup.
Borrower shall not cause or pe~it the presence, use, disposal, storage, or release of any llazardous Subslanccs, or
threaten 1o release any Hazardous Subs~nces, on or in the Property. ]]tffrt)wcr shall not do, nor allow anyone else to do,
anything affecting the Property (a) that is in violation of any lh~viroHmenlal l~aw, (b) which crea~cs an Euvironmcnlal
Condition, or (c) which, due to lhe presence, use, or release of a tl~.artltms Substance, creates a condition lhat adversely
affecls the value of the Property. The preceding two sentences shall n~ apply to the presence, use, or slorage ou d~e
Property of small quantities of llazardous Substances that are generally rcc~guizcd to be appropriate to normal rcsidenlial
uses and to maintenance of the Property (including, but not limited to, hazardt}tls substances in consumer products).
Borrower shall promptly give Lender written notice of (a)any investigation, claim, demand, lawsuit or other acd(m
by any governmental or regulatory agency or private party involving ~l~e l'roperty and any lhg. ardous Subslance or
Environmental Law of which Borrower has actual knowledge, (b) any l~nvironmcntal Condition, including but not limited
to, any spilling, leaking, discharge, release or threat of release of any ltazardous Substance, and (c) any condition caused
by the presence, use or release of a H~ardous Substance which adversely affects lhe value of ihe Propcr~y. If Borrower
learns, or is notified by any governmental or regulatow authority, or any private party, that any removal or
remediation of any llazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing bcrciu shall create any 9bligadou on l.eadcr for au
Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further m)vcnant and agree as follows:
22. Acceleration; Remedies. Lender shall ~ve notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in tiffs Security ~strument (but not prior to acceleration under Section 18
unless App~cable Law provides otherwise). The notice shall specify: (a) the dehult; (b) the action required Io cure
the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which tl~e defimlt must
be cured; and (d) that f~lure to cure the default on or before lhe date specilied in the notice may result
acceleration of the stuns secured by this Security Instrument and sale of the Property. The notice shall furd~er
inl~rm Borrower of the right to reinstate after acceleration and the right to bring a courl action to assert tl~e
non-e~stence of a defanlt or any other defense of Borrower to acceleration and sale. If the delhull is riel cured on or
belBre the date specilied in the notice, Lemler at its option may reqnire immediate paymem in hall of all sums
~ecured by this Seenrity Instrument without h~rther demand and may invoke the power of sale and any olher
remedies permitted by App~cable Law. Lender shall be entitled to collect all expenses incurred in pursning lhe
remedies provided in ttfis Section 22, including, bnt not ~mited 1o, reasonable attorneys' fees and costs or dlle
evidence.
I1' Lender invokes the power of sale, Lender shall give notice of intent to foreclose ~o Borrower and to the
person in possession of the Property, if different, in accordance with Applicalfie Law. Lender shall give notice of the
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ ~oml 3051 ~01
sale to Borrower in the manner provided in Section 15. Lender shall l)Ubhsh the notice of sale, and the Property
shall be sold in the ~nanner prescribed by Applicable Law. Lender .r i~s designee may purchase H~e Property at any
sale. The proceeds of the sale shah be applied in the l~llowing ol'thq': (;i) {0 all expenses of the sale, inch.ling, hut
not hint/ed to, re.enable attorneys' fees; (b) lo all stuns secured by this Security Instrumem; and (c) any excess to
the person or persons legally entitled to it.
23. Release. Upon payment of all sums securea by this Secmity Insh-ulncnt, Leader shall release lifts Sccmity
lnstrmnent. Borrower shall pay any recordation costs. Lender may c[laigc Bm-rower a fee for fcleasin~ this ~ceufity
Instrument, bul otfly if lhe fee is paid to a lhird party for se~ices feutlctcd alld lhe charging of thc kc is pm-mi.cd Ulttlof
Applicable Law.
24. WMvers. Borrower releases and waives all rights under and by virtue of lhe homestead exemption laws of
Wyoming.
BY SIGNING BELOW, Borrower accepts and agrees to IbC ici-ms and covenants contained in Ihis Secudly
lastrmnent and in any Rider executed by Borrower and recorded with it
ISpace Below Thin kine For Ackm.,¥1edrjmentl
County
The foregoing i~tstrumenl was ack~mwledged before me this .0.7-2!.2004 ......................................................
(dale)
by ).~,g.[.s..u.[J.LV..aB.~.&S. QU; J.a. Mt..a^ ~.a.a.s.a..s.o~...~.o. iN.'[ .'[.[.~^~.cy. ~[~.,..a. ta..,y.s..q~..s.u, a¥.~V¢~5¢? .......................................................
(person acknowledging)
My connnisston expires:
JANET M. BOWIE
Uy Corem 6xp ,lan 30 p005
........................
Nt)lary Public
WYOMING - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMFNI
Bankers Syslerns, Inc., SI. Cloud, MN Form MD 1-WY 812112000
A tract ofland located in the SEL/4SWi/4 of Sec~0n I, T33 N, R 119 W, 6mPM. Lincoln
County, Wyoming. being more particularly cl~'bed ~ follow~: Commencing at the Northwest
comer of said Section l mad ..ngming thence S33 09'42" E, 4855.0 feet to the point ofbeginnin8 ,
said point of beginning b~g a Wyoming State highway U.S. 89 centcrline Station 1229+32_2;
thence S 24 4 I'00" W, 1325.39 feet ~long said highway right ofway, thence S 24 41'00" W,
1325.39 feet alon8 said highway right ofwa~, thence N 65 19'00" W, 743.23 feet; thence N 16
52'29" W, 67.88 feet; thence N 32 24'42" W, 119.84 feet; thrace N 0 00'O3" W, 805.63 feet;
thence S89 18'40" E, 1187.95 feet to t~ point on the West right-of-way line of Highway U.S 89,
said point being on a curve concave to the Weat havin8 a radius of 1883.48 feet; thence,
s~authweaterty 5.61 feet along the arc ofr~d highway right-of-way curve through a ccntr, d angle
of 0 I0'14" to the point tangem:; thence dong a jog in said highway right of way S 65 19'00" E
140.00 feet to the poirtt of beginning. ,
A tract o/'land located in the W1/2NEI/4NWI/4 and NWI/4SEI/4SWll4 of Section 12 and
SWI/4SEI/4SWI/4 of Section I, both in T 33 N, R 119 W, 6~' p.M., Lincoln County, Wyoming,
being more particularly descn'bed ~s follows: Commenc/ng ~t flu: Northwest Comer of sa/d
Section; running $ 13 40'27' E, 6623.47 feet to a Wyoming State Highway Department fight-of'-
my marker 60 feet left ofifi~w~y U S
· . 89 Centerline Station 1203+00; THENCE N 65 3T3 I'
W, 15.00 feet alon8 the i:figlnvay fight-of-way jog to the point of beginning; THENCE continuing
along Highway fight-of-my line N 65 373 I' W, 25.00 feet; THENCE S 24 41'00" W, 425.17
feet; THENCE NO 00'00' E, 2032.72 feet; THENCE S 32 24'42"E, 119.84 feet; IItENCE S 16
52'29" E, 339.11 f. iu~t4 THENCE $ I 04'09" E, 344.16; TItENCE S I 02'55' E, 261.75 feet;
THENCE S 12 ST00" E, 207.67 feet, THENCE S81 51'24" E, 40.00 feet; THENCE S g
08'36"W, 421.42 feet to the point of beginning,
HERErNAFrER KEFERRED TO AS ~'RACT A"; ~nd
The SWI/4SW1/4 ofSeclion 1 and the WI/2NW1/4 o£Section 12, al/in T 33 N, R 119 W, 6*
P.M., Wyoming, excepting ther~ howevea-, lands previouaty deeded to the State of Wyomin8
for U.S. Highu(ay Number 89 fight-of-way.
Also excepting the following descnlxxt p~r. el, to-wit: Beginni~ag at the Southeast Comer of'the
SWI/4N~I/4 or,aid Section 12; running North along North-South cemefline of said NWl/4,
1056 feet; THENCE We~t 950 feet; TI:tENCE Soulh 1056 feet to a point on the South line of the
SWl/4NW'I/4; THENCE along ~utid South line, F. gtst 950 feet to the point of'beginning,
HEREINAFTER REFERRED TO AS ~ilt~CW B'.
Also E×ceptlng Theeefr~n: Any portions of the above described preralses
herein: The Northeast Quarter of the Southwest Quarter (NE/~S~4~) of
Section 1, T33N, Rt/9h/, 6th P.8., Lincoln Count, lgyoming.
For inlbrmalion purposes only, the
property address is purported to be:
95987 Highway 89
Thayne, Wyoming 83127
STEWART TITLE
GUARANTY COMPANY Commitment - Schedule A
Page 2 o1'2