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HomeMy WebLinkAbout904071After Recording Return To: 90bOll RECEIVED LIf'ICOLfq COUI'4TY CLERK ft T 25 t,: 2'1 JEA "4NE FIRST NATIONAL BANK-WEST PO BOX 3110, 100 GREYS RIVER ROAD ALPINE, WYOMING 83128 DEFINITIONS [Space Above This Line For Recording Data] MORTGAGE Loan Number 78157264 MERS Number 100015700042250387 Words used in multiple sections of this document are defined below anti t~thcr words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain roles regarding the usage of words used in this document arc al~o provided in Section 16. (A) "Security Instrument" means this document, which is dated O(q'¢)BER 19, 2004, together with all Riders tothis document. ~/i fe.'; and ttLtsband 0l) "Borrower" is MICHELLE MOTZKUS and RUSSELL B. MOTZKliS. t~orrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS s a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mm'tgagee under this Security Instrument, MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is FIRST NATIONAL BANK-WEST. Lender is a CORI'()RATION organized and existing under the laws of WYOMING. Lender's address is PO BOX 3110, 100 GREYS RIVER R{)..kl), Al,PINE, WYOMING 83128. (E) "Note" means the promissory note signed by Borrower and dated (}CT(-)I~ER 19, 2004. The Note states that Borrower owes Lender THREE HUNDRED TWENTY THOUSAND AND 01Fl00ths Dollars (U.S.$320,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and h, pay tlm debt in thll not later than NOVEMBER 1, 2034. (F) "Property" means the property that is described below under the headine "Trm~sfcr of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prcl}:tymcnt charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are cxcculcd hy Borrower. The following Riders are tobe executed by Borrower [check box as applicable]: [] Adjustable Rate Rider [] Condominium Rider [_~ Second Home Rider [~Balloon Rider [] Planned Unit Development Rider I~-! Other [Specify] [] 1-4 Family Rider [-]Biweekly Payment Rider WYONHNG--Singlc Family--Fannie Mae/Freddie lVlac UNIFORM INSTRUSIENT ~ ,, ,~:~ Form 3051 1/01 (page I oflI pages) 07 0 (I) "Applicable Law" means all controlling aPplicable federal, static a~d local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homc,,~ nors association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other th:m a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telcph,,nic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or'credit ~m ~ccount. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "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) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of thc l~mperty. (N) "Mortgage Insurance" means insurance protecting Lender against thc n~mpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time ti, time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrumcnt. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (s~lcly as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power ~)f sale, the following described property located in the County of LINCOLN : [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 201 OF RUSS MOTZKUS LOT DIVISION BEING PART OF LOT 12 OF THE GREEN VALLEY SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIB ED ON PLAT NUMBER 873909 FILED JUNE 15, 2001 OF THE RECORDS OF TllE IANCOLN COUNTY CLERK which currently has the address of 4373 COUNTY ROAD 126 BEDFORD , Wyoming 83112 [City] [Zip Code] VqYOiVIING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUI~IE,NT ("Pr~q~crty Address"): Form 3051 1/01 (page 2 of ll page.x9 TOGETHER WITH all the improvements now or hereafter erected ot~ ~l~c prtq)crty, and all easements, appurtenances, and fixtures now or herealier a part of the property. All replacements and addit~t~s shclll also be covered by this Security Instrument. All of ;he tbregoing is referred to in this Securky Instrument as the "Pr, ;~',-ly. holds only legal title to the interes;s grated by Borrower in this Securit) hl~ti'umcnt, but, if necessary to comply with law custom, MERS (~ nominee t~r Lender and Lender's successors ~d a~N~gn;) has the right: to exercise ~y or all of those interests, including, but not limited ;o, the right to foreclose ~d sell thc l'tcq~crty; and to t&e any action required of Lender including, but not litnited to, releasing ~d canceling this Security Instrument. BORROWER COVENANTS that Bo~ower is law~lly seised of the estate hereby conveyed ~d has the right to mortgage, gr~t ~d convey the Property ~d that the Property is unencumbered, c~ccpt lk~r encumbr~ces of record. Bo~ower warrants ~d will defend generally the title to the Property against all clai~ ~d denqands, subject to any encnmbr~ces of record. THIS SECURITY INSTRUMENT combines unifo~ coven~ts for ~ational use and non-unifo~ coven~ts with limited v~iations by jurisdiction to constitute a unilb~ secu~ty instrument covering real property. UNIFORM COVENANTS. Bo~ower and ~nder coven~t ~d agree as lk~llows: 1. Payment of ~incipal, Interest, Escrow Itena, ~epayment Charges, and Late Charge. Borrower shMl pay when due the principM of, ~d interest on, the debt evidenced by the Note ~d a~v p~'cpayment ch~ges ~d late charges due under the Note. Bo~ower shall also pay ~nds ibr Escrow Ite~ pursuit to Secti,~u ~. Payments due under the Note ~d this Security Instrument shall be made in U.S. currency. However, if ~y check or other iustrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note ~d this Security Instrument be made in one or more of the following [k.~nls, as selected by Lender: (a) cash; (b) money order; (c) ce~ified cheek, b~k check, treasurer's check or cashier's check, p~'t~vidcd any such check is drawn upon ~ institution whose deposits are insured by a federal agency, instrumentality, or entity; ~,' (d) Electronic Fnnds Transfer. Payments are deemed received by Lender when received at the locatk~n designated in the Note or at such o~er location as may be designated by ~nder in accord~ce with the notice provisions in Scctit~n 15. Lender may re;urn ~y payment or partial payment if ~e payment or paniM payments are insufficient to bring the Loan current. Lender may accept ~y payment or p~iM payment insufficient to bring the Loan current, wi~out waiver of ~y rights hereunder or prejudice to its rights to re,se such payment or p~tiM payments in the future, but ~nder is not obligated ~t~ apply such payments at the time such payments accepted. If each Periodic Payment is applied ~ of its scheduled duc dart:, then Lender need not pay interest on unapplied ~nds. Lender may hold such unapplied ~nds until Bo~ower m~es payment to bring the ~ cu~ent. If Bo~ower does not do so within a reasonable period of time, Lender shall either apply stlcll rinds or return them to Borrower. If not applied earlier, such ~nds will be applied to the outst~ding principM bal~cc under the Note i~ediately prior to foreclosure. No offset or claim which Bo~ower ~ght have now or in the ~mre against kcudcr shall relieve Borrower kom m~ing payments due under ~e Note ~d this Security Instrument or perfo~ing the covt:nants and agreements secured by this Security Instrument. 2. Application of Pa~ents or ~eeds. Except as otherwise tlc~cribed in this S~tion 2, all payments accepted ~d applied by ~nder shall be applied in the following order of priority: (a) in~crest due under the Note; (b) principal due under the Note; (c) ~ounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it bec~e due. Any remaining ~ounts shall be applied first to late charges, second to any other ~ounts due under this Security Instrument, ~d then to reduce the principfl bal~ce of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient ~ount to pay ~y late ch~ge due, the payment may be applied to the delinquent p:~y~cn~.and the late charge. If more th~ one Periodic Payment is outst~ding, Lender may apply any payment received from B,~rr~,wcr to the repayment of the Periodic Payments if, ~d to ~e extent ~at, each payment c~'be paid in ~1t. To the extent that a~y excess exists after the payment is applied to the ~11 payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shill be applied first to ~y prepayment charges and then as described in thc Any application of payments, insur~ce proceeds; or Miscell~eous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Pay~tt:~ts. 3. Funds for Escrow Ite~. Borrower shall pay to Lender on the day l'ct%clic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide t~r payment of amott~l~S tlttc I~r: (a) taxes ~d assessments and other items which can attain priority over this Security Instn~ment as a lien or enc~,~bt-ancc on the Property; (b) leasehold payments or ground rents on the Property, if any: (c) premiums l~r any and all i~tit':t~cc required by Lender under Section 5; m~d (d) Mortgage Insurance premiums, if ~y, or any sums payable by Borrower t~) lcndcr in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These ite~t, ,~-c called "Escrow Items." At origination or at ~y time during the term of the Loan, Lender may require that Community ..Xss~,ci',ttion Dues, Fees, and Assessments, it' any, be ~OMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTR~II.;NT Forth 3051 1/01 Oyage 3 qf 11 pages) escrowed by Borrower, and such dues, fees and assessments shall bc ~m Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borroxxcr ~hrdl pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escr,~x~ Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such x~:tix'ot' may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amt~mlts duc for any Escrow Items Ir'or which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to l.cnder receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to l~tkc such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement containea in tl~is Security Instrument, as the phrase "covenant and agreemenff is used in Section 9. If Borrower is obligated to pay Escrow hi:ms directly, pursuant to a waiver, and Borrower tails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such am~,tmt. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Sectkm 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Sect i~ m 3. Lender may, at any time, collect and hold Funds in an amount (a) snfficicnt to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lcmlcr eau require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of futura Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insm'cd by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or ill any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified mMcr RESPA. L~nder 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 permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lemlcr 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 annual accounting of the Funds as required by RESPA. If them 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, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amotmt uccessary to make up the shortage in accordance with RESPA, 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 to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, I.cnder shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the 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 ~ccurity Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner :~c:ccplable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or dc(ends against enforcement of the lien in, legal proceedings which' in Lender's opinion operate to prevent the enforcement ,,1' thc lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines th;~t any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or ~kc one or more of the actions set forth above in this SectiOn 4. ,, Lender may require Borrower to pay a one4ime charge for a real c:~[:ttc tax verification and/or reporting service used by 'Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements nox~ c,:i>;ting or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," :,~d any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This i~st~':mcc shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What kc~&~r ~xluires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providin~ ~hc i~ts;m'ance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be c,,crci~xl unreasonably. Lender may require Borrower WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRU~II(?'(I' Form 3051 1/01 (pa~e 0733 to pay, in connection with this Loan, either: (a) a one-time charge for II~,,M zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and ccttitication services and subsequent charges each time remappings or similar changes occur which reasonably might affect such dc~cmfination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergen% Nl',~nagcment Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described aboxc, l~cmlcr may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to 1)u~vhase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might ndt protect Borrower, Borrower's equity in the 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 covera? st~ obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed b3 I emler tinder this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These mnounts ,,hall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice t¥om Lcmk'r 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 policies, shall include a standard mortgage clause, and shall name LcmM' as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If I.cnder requires, Borrower shall promptly give to Lender all receipts of paid premiums 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 l)t>licy 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 not made promptly by Borrower. Unless Lender and Borrower otherwise :tgrcc in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to rc'stm-ation or repair of the Property, if 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 proceeds until Lender has had an opl>t~rttmity to inspect such Property to ensure the work has been completed to Lender's satisfaction, 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 oi' progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to bc p'Ad on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees lbr public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be thc 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 thc excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle 'any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that Iht insurauce carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin \\'hen thc notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the N,~tc or this Security Instrument, and (b)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 covcr:~gc of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid trader thc Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Propc~'ty as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy ~hc Property as Borrower's principal residence/'or at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borr{~x\ cr's control. 7. Preservation, Maintenance and Protection of the Property; lnspcctious. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on tt~,. P~t.,perty. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent thc I'~', q~wrty fi'om deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair ,,t- rcsto,'ation is not economically feasible, Bon'ower shall promptly repair the Property if damaged to avoid flmher deterioratitm t,~ damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, fit~;',t,wcr shall be responsible for repairing or restoring the Property only if Lender has released proceeds tbr such purposes, l,'ndcr may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the ~x,,~'k is t_'ompleted. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not t'<.licx'cd c)f Borrower's obligation for the completion of such repair or restoration. IIo,','ower Initials ,~L ~ /~__ VVYOMING--Single Family--Fanuie Mae/Freddie Mac UNIFORM INSTRUMI;'.NT Form 3051 1/01 (page 5 qf 11 pages) 0904071. 0734 Lender or its agent may make reasonable entries upon and inspection~ ~,1' thc Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender sh,ll give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, dtil it~g thc Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borro~ct".~ knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or faitc~l ~,, provide Lender with material information)in connection with the Loan. Material representations include, but are ut,t limitecl to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Undc, this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Inslrmncnt, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights nr~dcr this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement ~,1 a lic'n which may attain priority'over this Security Instrument or to enforce laws or regulations), or (c) Borrower has ab:mdt,ned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in thc I'r,,perty and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securin:~'. :md/t,' repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lic~ xxhich has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protcc~ its interest 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 1,~,:~l-d up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, anti have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not m~dcr ~my duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under ~hi~ Section 9. Any amounts disbursed 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 thc &tlc of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not mcr? unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a ctmdition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. II', for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that l,'Cx it)t,sly provided such insurance and Borrower was required to make separately designated payments toward the premiums lot Mortgage Insurance. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the ;\l~,-Igage lusurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Inst~r:mcc previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance t:~,xc:rage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that x~crc due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refund:ti,k: I t~ss rese~,e in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the lo:m is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, l.='mlcr can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender' rcqttil'es) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately dc,i.,.;~:ttcd payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of ~akix~g the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage hi,,m-at,ct:, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable It,ss rcserve,.until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borro~x c~' itlttl l.cnder providing for such termination or until termination, is required by Applicable Law. Nothing in:this Section 10 :~11~,t't,; l],,rrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchas~:s ~hc Nc,c) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgagt. [n~m'ance. Mortgage insurers evaluate their total risk on all such insurance in f,,'cc I'~',,n time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. I'l~..::c agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties)t,, ~l~,.sc. :tgrccments. These agreements may require the mortgage insurer to make payments using any source of funds that the m~,'t!::,5, c it~surcr may have available (which may include funds obtained ~¥om Mortgage Insurance premiums). WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMt.iX 1' Form 3051 1/01 (page 6 of ll pages) o o4o?:t : :. 0 73 5 As a result of these agreements, Lender, any purchaser of the Note, ;tilt dllCl insttrcr, any reiusurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amotmt~, that derive from (or might be characterized as) a portion of Borrower's payments tbr Mortgage Insurance, in exchange tYr ';h:tt'illg or modifying tile mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender take, a ~h:~rc of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive Yci~,,urance." Further: (a) Any such agreements 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 Mortgage Insurance, and they will not entitle Borrower to any refund. .' (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. Thcsc rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insm'aucc, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscclhmcta~s Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall bc ;qq~licd to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is no~ tc,~cned. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lemlcr has h.'ld all opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided thai such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursemcm or in a series of progress payments as theworkis completed. Unless an agreement is made in writing or Applicable Law rcqtiires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest tu' earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security \vtmld bc lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not lhc. n due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Sect iq m 2. In the event of a total taking, destruction, or loss in value of the Pnq~crty, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with thc ex:tess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Pr~q~crty in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to tn' greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument .qYall bc reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of thc ~mns secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of thc Property innmediately before thepartial 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 Prtq,c~t) ill which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is Ic~ ih:m the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and l.cmlur otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether ;~r not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lendur ti, Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damagc~, Igt~rrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and appl5 thc Nlisccllaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, xx hct llc~ or not then due. "Opposing Party" means the third 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 c i~ il ,,~' c'riminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of I ,.t~,.Icr'; interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleratiou h:~, ~cctn'rccl, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender'., itid?qqcnt, precludes forfeiture of the Property or other material impairment of Lender's interest in the Properly or rights ttlttlc.[' this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lc~t, tc~"s inlcrcst ill the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are provided for in Section 2. not applied to restoration YVYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMEN i' the Property shall be applied in the order Form 3051 1/01 (page 7~f ll pages) 12. Bon'ower Not Released; Forbearance By Lender Not a Wai~ c~', E,;;~nsion of the time Ibr payment or modification of ~oaization of the sums secured by this Security Inst~ment grated h> [.clldcr to Borrower or ~y Successor in Interest of Bo~ower shall not operate .to release the liability of Bo~ower or any Su¢'cc~stws in Interest of Borrower. Lender shall not be required to co~ence proceedings against any Successor in Interest t~l' [~¢~YFox;c~ Or 10 re,use to extend time for payment or otherwise modify ~ortization of the su~ secured by this Security lnsn-tnncnt by reason of m~y dem~d made by the original Borrower or ~y Successors in Interest of Borrower. Any ~orbearance hv I.cntlcr ill exercising ~y right or remedy including, without limitation, Lender's acceptance of payments kom third.person;, entities or Successors in Interest of Borrower or in ~ounts less th~ the ~ount then due, shall no; be a waiver of or preclude thc exercise o~ any right or remedy. 13. Joint and Several Liability; Co-signers; Succ~sors and Assigns Bound. BorrOwer coven~ts ~d agrees ~at Bo=ower's obligations and liability shMl be joint ~d several. However, any Borrower who co-signs this Security Inst~ment but does not execute the Note (a "co-si~ner"): (a) is co-signing this Security ln;munent only to mortgage, gr~t ~d convey the co-signer's interest in the Property under the ter~ of this Security Insmnncnt; (b) is not personally obligated to pay the su~ secured by this Securi~ Inst~ment; ~d (c) agrees that Lender ~d ~y other Borrower c~ agree to extend, modiI~, forbear or m&e ~y acco~odations with reg~d to the te~s of this Security Inst~mcnt o~ thc Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of B,,rmwer who assumes Borrower's obligations under this Security Inst~ment in writing, ~d is approved by Lender, shall obtain all of Bo~ower's rights ~d benefits under this Security Inst~ment. Borrower sh~l not be released from Bo=ower's ol~ligatious and liability under this Security Inst~ment unless Lender agrees to such rele~e in writing. ~e coven~ts ~d agrecn~cnts of this Security Inst~ment shM1 bind (except as provided in Section 20) ~d benefit the successors ~d assigns of ~nder. 14. Loan Charge. Lender may charge Bo=o~er fees for se~ices perlk~mcd iu connection with Bo~ower's default, for the pu~ose of protecting Lender's interest in the Propeay ~d ~ghts under this Security Inst~ment, including, but not li~ted to, atto~eys' fees, propeay inspection ~d valuation fees. In reg~d to any other kcs, the absence o~express autho~ty in this Security Inst~ment to charge a specific fee to Borrower shall not be Cf~llstrklcd as a prohibition on the charging o~ such fee. Lender may not ch~ge fees that are expressly prohibit~ by this Security lust rumcnt or by Applicable Law. If the Lo~ is subject to a law which sets m~imum lo~ ch~ges, and lhat law is finally inte~reted so that the interest or other lo~ ch~ges collected or to be collected in co~ection with the Loan cxcccd the pe~itted limits, then: (a) m~y such lo~ charge sh~l be reduced by the ~ount necessa~ to reduce the ch~ge to tt~c permitted li~t; ~d (b) ~y sums already collected kom Bo~ower which exceeded pe~ned li~ts will be re,haled to B,~rmwcr. Leuder may choose to m&e this re,nd by reducing the p~ncipal owed under the Note or by m~ing a direct payment to Borrower. ff a re,nd reduces prncipal, the reduction will be treated as a partiM prepayment without ~y prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's accept~ce of ~y such re,nd iii;ldo by direct payment to Borrower will constitute a waiver of ~y right of action Borrower might have arising out o~ such overcha~'ge. 1S. Notices. All notices given by Borrower or Lender in co~ection with this Security Inst~ment must be in writing. Any notice to Borrower in co~ection with this 3ecurity Inst~ment shall be dccmcd to have been given to Borrower when mailed by first class mail or when actually delivered to Bo~ower's notice address if scut by other means. Notice to ~y one Bo~ower shall constitute notice to all Borrowers unless Applicable Law expressly reqnirc~ ,~thcrwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice tt~ l,cndcr. Borrower shall promptly notify Lender o~ Borrower's ch~ge of address. I~ Lender specifies a procedure for rcpt~rting Borrower's change of address, then Bo~ower shall only repoa a change of address through ~at specified procedure. Thc~'c tll~ty be only one designated notice address under this Security Instrument at ~y one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to ~nder's address Stated herein unless Lender has designated another addrcs~ by notice to Borrower. Any notice in connection wi~ this Security Instrument shMl not be deemed to have been given to Lender until actu~ly received by Lender. If ~y notice required by this Security Instrument is Mso required under Applicable l.',nv, the Applicable Law requirement will satis~ the co~esponding requirement under this Security Instrument. 16. Governing Law; Severability; Rul~ of Construction. This Security Instrument shall be governed by lkderal law and the law of the jurisdiction in which the Prope~y is located. All rights and t~hligaticms contained in this Security Instrument am subject to any requirements and limitations of Applicable Law. Applicable I ;~ might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence Shall not be con~.t~ ~cd as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or iht N¢~te conflicts With Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the N~tc which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gendc~ zlndl mcan and include con'esponding neuter words or words of the feminine gender; (b) words in the singular shall mean ;n~,l ittcludc the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to t&e any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note :~,l ,,~ d~is Security Instrument. ~O~G--Singl¢ Family--Fmmie Mae/Freddie Mac ~IFO~ I~STR~IENT Form ]0Sl 1/01 ~o,~, ~ RfH p~ges) 18. Transfer of the Property or a Beneficial Interest in Borrower..\:, t~scd in this Section 18, "Interest Jn the Property" means any legal or beneficial interest in the Property, including, but nt,t tlm~tL'd tO, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agrccn~cut, the intent 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 t)l- tr~msfcrred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without l.cm ct', prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrumcm llowever, this option shall not be exercisedby Lender if such exercise is prohibited by Applicable law. If Lender exercises this option, Lendgr shall give Borrower notice of z~ccclcration. The notice shall provide a period of not Iess than 30 days from the date the notice is given in accordance with Sccti(m 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further n~t icc ~r demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower motets 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 Instrm ncm: (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of :t .judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would bc duc. under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other coven:mrs or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest m the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to a~surc that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums .,,toured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, 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 an institution whose deposits are insured I~y a l'ederal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. Thc Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice t(~ Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments title under 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 Loan Servicer unrelated to a sale of thc Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the nan~t~ :md address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires iu connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a L~>;m Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with thc l.,~m~ Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided t~y thc Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any jmlicial action (as either an individual litigant or the member 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 Sccm'ity 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 reasonable period after the giving of snch n,~tice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, Ih:~t time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to t'urt, g~vcn to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall bc d~.cmcd 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) "Hazard,}~s Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and thc t'ollowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, x,~l;~tile solvents, materials containing asbestos or l'ormaldehyde, and radioactive materials: (b) "Environmental Law" mc:t~s t't'd~'rad laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protections: ~, I "l~nvironmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environment~l I :tx,,: ~md (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environment :~1 ('Il'romp. Borrower Initials __~_'(/~ .__/~~ WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUrSI!tNT Form 3051 1/01 ([)a,~e 9 t~[]l pages) OS040:?'::I. ( ' 07,38 Borrower shall not cause or peru-tit the presence, use, disposal, storage, ~ rch:asc of any Hazardous Substances. or threaten to release any Hazardous Substances, on or in the Property. Borroxvcr sh:tll not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (h) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, crc:,t.s :t condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, usc, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate It, normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer prt,th~cts). Borrower shall promptly give Lender written notice of (a) any investigati{m, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Propert3 :mil any Ilazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Conditi(m, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) :my ctmdition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Prt,l)crty. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any rem,v:d or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take :ill necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender fl,r an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further coven:mt and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower priur to acceleration following Borrower's breach of any covenant or agreement in this Security Instrmnent (but not prio,' 1~ acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) Ire action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrox~e,', h2, which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inrorm Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existcuce 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 in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Iustrument without further demand and may invoke the power of sale and any other remedies permitted by Apldicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Sectim~ 22, including, but not limited to, reasonable attorneys' fees and 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 Applicahle Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish thc notice of sale, and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee ma)' purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses o1' thc sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; :md (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrtmicut, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a l'cc fi~r releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of thc I'cc is pcmfitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtt~c, {*I' the homestead exemption laws of Wyoming. %ryOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRU).IE:g I Borrower Initials ~(/~~ Form 3051 1/01 (?age 10 of ll pages) O 040?1. BY SIGNING in any Rider executed by Borrower and recorded with it. . 0739 BELOW, Borrower accepts and agrees to thc' let-ms at~d ~t,x ch:mis contained in this SecuriB, lnstrumertl and (Seal') Bor~ uwcr M1CI 1 I': l_ i,l~. ,N IOTZKUS R[.,~51(I .I.B. 5 IOTZKUS ~g (Seal) -Bm rower (Seal) (Seal) -Borrowei -Borrower [Space Below This Line For Ackmm h'dgmcnt] State of WYOMING ) County of L IlqC. OLlq ) SS The foregoing instrument was acknowledged before me by MICtlI(I,I.t,: MOTZKUS and RUSSELL B. MOTZKUS this 19TH day of OCTOBER, 2004. Witness my hand and official seal. (Seal) My Commission Expires: 9/18/07 (Print or type name) \VYOMING--Single Fa,nily--Fannie Mae/Freddie Mac UNIFORM INSTRt'.\II,.", Form 3051 1/01