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HomeMy WebLinkAbout903699' "' W/hen recorded mail to: - hSI -North Recording Division 5029 Dudley Blvd #E ~l McClellan, CA 95652 C~ 'Tq (~ (800) 964-3524 Option 3, Uninsured 903699 RECEIVED LINCOLN COUNTY CLERK OCTI3 I'.01 JE. \NNE WA NEF IMORTGAGE ] THIS MORTGAGE is made this 7th day of ,JEAN MERRITT A WIDOWED WOMAN October , 2004 , between the Mortgagor, (herein "Borrower"), , whose (herein and the Mortgagee, CITIFINANCIAL, INC. a corporation organized and existing under the laws of Maryland address is 2287 E 17TH ST IDARO FALLS 'ID 83404 "Lender"). WHEREAS, Borrower is indebted to Lender in the Principal sun] of U.S. $ 45,499.9 ;7 , which indebtedness is evidenced by Borrower's note dated 10/07/2004 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, with the balance of indebtedness, if not sooner paid, due and payable on 11/15/2019 ; TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with the interest thereon; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender, with power of sale, the following described property located in the County of LINCOLN , State of Wyoming: PART OF SECTION 14, T33N Rll8W OF THE 6TH P.M. LINCOLN COUNTY, WYOMING MORE PARTICUI. dLRY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SW/1/4NW1/4 OF SAID SECTION 14 AND RUNNING THENCE WEST 400 FEET: THENCE SOUTH 135 FEET; THENCE EAST 400 FEET; THENCE NORTH 135 FEE~ TO THE POINT OF BEGINNING. PARCEL/TAX I.D.#.12-3318-14-2-00-070.00 COMMONLY KNOWN AS: 210 WILLOW CREEK ROAD, BEDFORD, WY 83112 ;C}CUMENT IS FILED POR FIDELYI'Y NATIONAL AS AN ACCOMODATION i ~,,:~S NOT BEEN EXAMINED E?/ECUTION OR AS TO rl's UPON THE TITLE. which has the address of 210 WILLOW CR CANYON RD Wyoming 83112 - 0000 (herein "Property Address"); BEDFORD , TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehokl estate if this Mortgage is on a leasehold) are hereinafter referred, to as the "Property. ~ Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. Wyom~ 1/98 Original (Recorded) C~anch) Copy (Customer) UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the indebtedness evidenced by the Note and late charges as provided in the Note. 0'014 10/07/2004 principal and interest 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and gi'ound rents, shall exceed the amount required to pay said · taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Mortgage. 3. Application of Payments, Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term ~extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 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. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration 'of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall pertbrm all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sfims, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement Ibr such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may .make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. Wyoming 26868-4 1/98 Original (Recorded) Copy (Branch) Copy (Customer) Page 2 of 5 10/07/2004 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a foi'm acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. 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 the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Bor,'ower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; ami (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and ~ale. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Mortgage to be immediately due and payable 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 reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonableattorneys' fees. 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 mail a copy of a notice of the sale to Borrower in the manner provided in paragraph 12 hereof. Lender shall publish the notice of sale and the Property shall be sold in the manner prescribed by applicable law. Lender or Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable attorneys' fees and costs of title evidence; (b) to all sums secured by this Mortgage; and (c) the excess, if any, to the person or persons legally entitled thereto. wyoming 268 Original (Recorded) Copy (Branch) Copy (Customer) due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Mortgage or (ii) entry of a judgement enforcing this Mortgage if: (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender.the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they bec6me due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the l'roperty, and at any time prior to the expiration of any period of redemption following judicial sale, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property m~d to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's lees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. ' 21. Waiver of Homestead, Borrower hereby waives all right of homestead exemption in the Property. 22. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or' in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving thc Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any ttazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 22, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or to~ic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 22, nwronmental Law~ means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. (Intentionally Left Blank) Wyoming 26868-4 1/98 Original (Recorded) Copy (Branch) Copy (Customer) Page 4 of 5 090aii99 ,0017 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of lmst or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, with a copy to P. O. Box 17170, Baltimore, MD 21203, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. -Borrower -Bo~ower STATE OF W¥OM'ING, {~ J'%4.kff~.a~.,~/''rk._ /t~he foregoin~ ~~~ 9c~owledged before me this /~ ~~~ ......... ~ ...... by ~ ~~,._ My C°~iss~n~pir~S-- : ~ ~ % x... j ~%:~'~'~0'~?::~ CERTI"CATE OF DISC~RGE ~~~1-~ Itlllllll IIIII1¢~ ' County ss: This certifies that a mortgage or deed of trust (as the case may be) from _. _ to dated and recorded in book of on page has been fully satisfied by the payment of the debt secured thereby and is hereby canceled and discharged. BY: TITLE: FOR: The undersigned notary public witnessed the execution of this Certificate of Discharge by for day of on this Wyoming 26868-4 1/98 Notary Public Original (Recorded) Copy (Branch) Copy (Customer) (Space Below This Line Reserved For Lender and Recorder) Page 5 of 5 FROM 8003083760 FRI OCT 1 12:01:35 2C04 PAGE 11 OF 11 Owners Affidavit State of Wyoming County of Lincoln 'o9oa 99 Title Insurance Commilment:946786 0018 On The before ma, the undersigned Officer, personally appeared the undersigned, who J)~.~n3 d~ly sworn according to law and intending to be legally bound, depose(s) and says(s) that the follo~ng statemenls are true and correct to [h~. nest of my/our knowledge and belief: PREMISES:210 Willow Creek Road, Bedford, WY 83112 THAT THE Grantor(s)!Martgagor(s) herein is/are the same owner(s) of premises being insured hereunder, and Ihe same Grantee(s) as named in the Deed Book Redtals set forth in Ihe above caption~l commitment. THAT THERE are no mortgages, judgments, encumbrances, easements, bankruplcies, or pending suils adversely affecting the owners(s) and premises which are known to the undersigned and not being propedy provided for in this Iran,;action THAT THERE have been no repairs, additions or improvements made, ordered or contra,.tect to ba made on or t~ the premises within 24 monlhs from the date hereof, nor are there any improvements or fixtures attached to the premises which have not been paid for in full; and that there are no outstanding or disputed claims for any such work or items. THAT THERE has been no work done, or nolJce received that work is to be done, by tile MunmJpality (City, Borough, Town, Township, or Village), or at its direction, in connection with tho installation of sower or water or for improvemenls such as paving or repaying or streets or alleys, or he installation or repair of curbs or sidewalks. THAT NO notice has been served by any governmental authority for the removal or ataatemenl of any nuisance, for the violation of any zoning regulations or conceming the condemnation of any portion of said premises. THAT THERE has been no violation of any restrictions affecting the prenlisas. THAT THERE are no purchase monsy obligations being created in this transfer. THAT THE Grantor(s)/Modgagor(s) in Ibis transaction isJare in adual possession of tile eutu'o premmes, and there are no leases or agreements affecting the premises or any part thereof outstanding, other that those that are presently be,rig ~ssigned. THAT THE present transaction is not made for the purpose of hindering, delaying or dell'at~:J,/9 any creditors of said owner(s) and does not come within the provisions of any Bankruplcy or Insolvency Acts. THAT THE Grantor(s)!Mortgagor(s) in this transaction are over 18 yea~s of age and in eve~ ,, respect competent to convey or encumber the title to the premises in question. THAT ALL taxes, sewer and water rents assessed against the premises tho premises as of lbo date of this settlement are fully paid. THAT AS to each GrantodMortgagor who is an inrJvidual: A. If presently marded, that he/she is neither separated from his~her spouse nor a party ta any pending divorce proceeding in any jurisdiction. B. That any interest in the premises has never been awarded or distributed to or lieneo n favor of any currenl or former spouse nor his/her interest in the premises subject to the continuing jurisdiction of any coud for support .~bhgat~ons or possible future awards or distributions to any current or former spouse. That Homeowner's Association Dues or Condominium Dues are paid current, and the name address and phone number where payment is made is: OR, That there are no assodation or condominium dues assessed on this property; initial hem \. A'~'.__.~.-.- THIS AFFIDAVIT IS MADE for the purpose of inducing Qtifinancial - 17th Street To accept a modgage, deed_ ,....m,,.°-f'~.~- trust deed or similar security instrument on Ihe prelnmes identified and to induce LSI to hold settlemenl on ~-- - is~'QU~'~t;-lil~1)~dfer) ..qe policy of its underwriter insuring the tille the, eta and to make disbursement of funds arising out of the premises identified, said transaclJon ~\ · ..$;*b% .. .............. "$;,% ~;,,x/..' ~ ~J .,' f-~"l-A~ ~ . ': ~. -- ~ : ~.U/t-'~r'~ J'" ': ~ Ran/~Merrilt _E j ~ · ~' ! '_-- Ci~lo Or~e: Never Married .M,-~r[ied Divqrced. Widowed ~ '.. ..' ,.,, 7 Jean r¢ M~rr, tt . ~ '... ... ~,.~ . . ..-.-~--. . . ~llll~J J ! l I'~11 Il,%%~\'' ' ' My Commission Expires; ~_/~_~ - 01/18/2015 06:34 FAX ,0019 County of BEFORE ME, the undersigned,N~ot~w Public, on lhis r'/ day of O~O'/o. Ot~ ,20,-'-r , personall3 appeared .,~/4 ~2.,~,Z:~who being first duly sworn, depose(s) and say(s): 1) THAT AFFIANT has, this date, executed a Deed of Trust~{ortgage and/or conveyed title to the following described property, to wit: 2) THAT AFFIANT was married prior to ~2- 2oa` ~,~, , the date oracquisition of title to the afore-described property; and did remain continuously married to ~ ~ ~ , without interruption of divorce, from that time up until his/her death, and is presently un-remarried. 3) THAT AFFIANT gives this Affidavit for thc purpose of inducing LSI, A Division of Fidelity National Title Insurance Company/Chicago Title Insurance Company, to insure the title to the atbrcsaid described property. PrinWd name of Affiant: Sworn to and subscribed before me tlfis ~gtary Public ~ Printed nm'ne of Notary: '~T~ 'lDI3~tz-I My Cormnission Expires: tQ[O FROM 8003083760 FRI OCT 1 12:01:12 2C04 PAGE 10 OF 11 Survey Affidavit State of: Wyoming County of: Lincoln Title Insurance Commitment: 946786 ¢.0 Address: 210 Willow Creek Road, Bedford, WY 83112 On, before me a notary public, personally appeared the undersigned affianl(s), who being duly sworn according to law and intending to be legally bound, depose(s) and say(s): That the affiant(s) is/are the owner(s) of the lot in question. That the undersigned is familiar with the location of the building(s} erected on the lot. That the building(s) now located on the lot have been so located for the past 5 years and that no structures, addilional rooms, garages, swimming pools, decks or fences have been erected during the same period of time. That no buildings, walls, fences or other improvements have been erected on adjoining lots in any way affecting our lot within the same 5 year period. That the undersigned has not received notice of and does no! have knowledge of any violations of local ordinances or zoning regulations. 6. That the lot is not serviced by a common driveway with any adjoining lots. THIS AFFIDAVIT IS MADE for the purpose of inducing LSI to eliminate an exception pertaining to matters of survey from a loan policy of title insurance. Borrower: Rand T. Merrilt Jean H. Merntt ~)~~ ..... ~.g/,-~...~ ~.~'~ ......... ' ~" Z-- ".''Oc. / SWORN AND SUB¢CRIBeD~fpre me, a N~ry~Pu~l~a~ a~d ~ar aforesaid. - ~ . - . _ ~¢ -.. ............. ,q My Commission Expir. : OTC STA.TE O F...WYO M IN G L~ FILE NUMAR CERTIFICATE OF DEATH STATE FILE NUMBER 520-30-4933 , I 7b .... ~PRIL 18, 1929' % ~ ... ;~ '.~:~ ...:::.. :... -..~ ,;.......::., .~:::'-'~~,~.~ _ .:... ......... .::::....:~-..::. m 210 WILLOW CREEK CANYON ROAD ~z "-:~ ~;f~'?.~;~:,-B~DFORD LINCOLN ~ · % ~ ~'~' "'~45~<'~' '~ S~AB MORTUARY 44 EAST FDU T :'~VENU~; AFTON ~¢ ~ 20ACTU~ORPRESU~pT~MEOFD~ ~ ~[' ~t O~T/~0~ayff ~'T~PR~O NC DCEAD 3 COR ~RCONI TED? ' ri ' ..... - ........ ' '::': ....... '":" ........ ' ~" ~¥;':'= ..'L .:'.. ':' i ::: ',::......? :~.L ~:::. :~:: ~.p~r~E"?~ .... '" ::::, ::.' ..:.-.:..:::: '::: This is a true and exact reproduction of the docum, Records Services, Cheyenne, Wyoming.* __ valid unless prepared on :i! Lucin~a M'cCaf:~'ey 'i/ -...:.., Deputy S[ale Regi,straf