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HomeMy WebLinkAbout904599A~er Recording Remm To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.BOx 10423 Van Nuys, CA 91410-0423 Prepared By: TONI GANISON 90 599 0572 ' ";'": 9 '" _~R PAO,,:': ._'2 .... REOEIVEO ;'LINCOLN OOUNTY CLERK l OV 15 3:06 [Space Above This Line For Rec..'di.g l)at al 0005523840711004 [Doc ID ~] MORTGAGE MIN ]000157-0004167206-0 DEFINITIONS Words used in multiple sections of this document are defined belmv ami other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is &,c.d NOVEMBER 12, with all Riders to this document. (B) "Borrower" is LARRY FLUCKIGER, AND ALISON FLUCKIGER, HUSBAND AND WIFE, 2 0 04 , together Borrower is the mortgagor under this Security Instrument. (C) "NIERS" is Mortgage Electronic Registration Systems, Inc..MI (R S is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under thc I:tws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (8~,~) ~79-MERS. (D) "Lender" is COUNTRYWIDE HOME LOANS, INC. Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada, Calabasas, CA 91302-1613 (E) "Note" means the promissory note signed by Borrower ami dalcd NOVEMBER 12, 2 0 04 . The Note states that Borrower owes Lender ONE HUNDRED FIFTY FIVE THOUSAND and 00/100 Dollars (U.S. $ 155,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECI,;H}&ER 0 1, 2 0 3 4 (F) "Property" means the property that is described below under il~c heading "Transfer of Rights in the Property." WYOMING-SIngle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Page 1 of 11 (~®-6A(WY) (0005) CHL (08/00)(d) VMP MORTGAGE FORMS- (800)5:'~ 7791 CONVNA I nltlals~_+ & Form :3051 1/01 *23991* · 0552384 07000002006A* 0904599 0595 DOC ID #: 0005523840711004 (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instmmc,. plus interest. (It) "Riders" means all Riders to this Security Instrument th:,t t,'c executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [---] Adjustable Rate Rider [---'] Condominium Rider [--] Second Home Rider [---] Balloon Rider [--] Planned Unit Development Rider ~ 1-4 Family Rider ['--1 VA Rider [---] Biweekly Payment Rider [7 Other(s) [specifyl (I) "Applicable Law" means all controlling applicable fedcr:d, state and local statutes, regulations, ordinances and administrative roles and orders (that have the c[l'ct:t of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" ~.c:ms all dues, fees. assessments and other charges that are imposed on Borrower or the Property by a con&,ni.i, m association, homeownem association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, t~thcr thau a transaction originated by check, draft, or similar paper instrument, which is initiated through a. electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to~ .point-~[-salc transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and amt.natod clearinghouse transfers. (L) "Escrow Items" means those items that are described in Sec~i~m 3 (M) "Miscellaneons Proceeds" means any compensation, settler,tnt, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the covcr:~cs 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 tff, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender a~',finst the nonpayment of. or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amomlt duc fi)r (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 Acl [12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as thc~ might be amended from time to 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 ,'c~tr~ctions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qu:tll[y as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that h;~$ laken title to the Property, whether or not that party has assumed Borrower's obligations under the Note antl/{~r this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment ~ thc Loan, ,m~d all renewals, extensions and modifications of the Note; and (ii) the performance of Borrt~w~.r's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower d~:s hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors lmtl :tssigns) and to the successors and assigns of MERS, with power of sale, the following described property h ~c';t ted n the COUNTY of LINCOLN : [Type of Recording Jurisdiction] Na.lc of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO AND blADE A PAW[' HEREOF. Parcel ID Number: 12311912300069.00 3611 HIGHWAY 241, [Street/City] Wyoming 83110 ("Property Address"): [Zip Code] (~®-6A(WY) (0005) CHL (08/00) Page 2 of 11 which currently has the address of Form 3051 1/01 0804S 9 0596 DOC 'rD ~: 0005523840711004 TOGETHER WITH all the improvements now or hereafter creeled on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. Al i'¢placements and additions shall also be covered by this Security Instrument. All of the foregoing is rcl'crretl to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds ~mly legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply xv~lh law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to excrc~se any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; ',ltld to take any action required of Lender including, but not limited to, releasing and canceling this Security h~slrument. BORROWER COVENANTS that Borrower is lawfully seiscd t~l' thc estate hereby conveyed and has the right to mortgage, grant and convey the Property and that Iht l'roperty is unencumbered, except for encumbrances of record. Borrower warrants and will defend ~cm:rally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform cox'cn',mts for national use and non-uniform covenants with limited variations by jurisdiction to constitute I~ u,il'om~ security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant ami agree ag follows: 1. Payment of Principal, Interest, Escrow Items, Prepa) mere Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall al~ pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Segurity I,~tt'tm~ont shall be made in U.S. currency. However, if any check or other instrument received by Lender :t~ ~a3 ment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require thai any or all subsequent payments due under the Note and this Security Instrument be made in one or more of thc 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 by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at thc location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or p:ulial payments are insufficient to bring the Loan current. Lender may accept any payment or partial pa)~,cm insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights m rcl'us~ such payment or partial payments in the future, but Lender is not obligated to apply such payments at Iht dine such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then I.cmlcr need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lcntlm' shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied m the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments duc. umler the Note and this Security Instrument or performing the covenants and agreements secured by this Securit,. htstrmnent. 2. Application of Payments or Proceeds. Except as othem iw described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Scctitm 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any rcmaimng amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, ,'md then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a deli.tlucnt Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may b,. applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lcmlcr may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to thc extent that, each payment can be paid in full. To the extent that any excess exists after the payment is al)plied to the full payment of one or more Periodic Payments, such excess may be applied to any late chttrgcs due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in thc N~te. Any application of payments, insurance proceeds, or Misccll:tnc(ms Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amo,nt, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender t~ thc day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to lmwidc for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and ~d~ Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the pa3~m, nt of Mortgage Insurance premiums m accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that ('tmm~unity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fccs ami assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts t~ bc paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Bormwcr's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to *ay to Lender Funds for any or all Escrow Initials'(~~ ~ (~}~-6A(WY) (0005) CHL (08/00) Page 3 of 11 ~ For-ffi 3051 1/01 0597 DOC ID #: 0005523840711004 Items at any time. Any such waiver may only be in writing. In th~. event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Esc,'~xv Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish t¢~ [,cmler receipts evidencing such payment within such time period as Lender may require. Borrower's oblig;di~m m make such payments and to provide receipts shall for all purposes be deemed to be a covenant :md ag,'cement contained in this Security Instrument, as the phrase "covenant and agreement" is used in .qoctitm 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails It, p:,y d,c amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amtmnt m~d Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 ;md. upon such revocation. Borrower shall pay to Lender all Funds, and in such amounts, that are then required trader this Section 3. Lender may, at any time, collect and hold Funds in an amoum (;,) sulTicien[ to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed thc ,,~axi,nnm amount a lender can require under RESPA. Lender shall estimate the amount of Funds due t,,, tl,c basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in acc~,,'dance wi th Applicable Law. The Funds shall be held in an institution whose deposits are i,~sured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose dept~i~$ m'c so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Itc,ns no later than the time specified nnder RESPA. Lender shall not charge Borrower for holding and applyi,g tl~c Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Bo,',',,w,,r imcrest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreemc,,t is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be requir~.d m pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, howevc,', lhal interesl shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounti,~g t/l' t t~c Fun ds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under' I<I.;SPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a sh~,'t:,go of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESI'.\, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with I<I4SPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as dcli,,cd under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lc,,d~'r thc amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 momhly payments. Upon payment in full of all sums secured by this Security h,sm,mcnt, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall Pay all taxes, assessments, d,a,'gcs, fines, and impositions attributable to the Property which can attain priority over this Security Instmm~.,,t, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, anti Asscss,ncnts. if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner prt~vidctl iu Section 3. Borrower shall promptly discharge any lien which has p,'i~dty over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation sec,red by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreemcm; (h) coutests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lcuder's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but truly 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 that any part of the Pnq~e,'ty is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower :, m~dcc identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy d~c lie,, or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a ,'cai estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvemcms ,~ow existing or hereafter erected on the Property insured against loss by fire. hazards included within thc term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, fi,' 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 to the preceding sentences can chmige during the term of the Loan. The insurance carrier providing the insurance shall be chosen hy Borrt~wer subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised um'c:lsonably. Lender may reqmre Borrower to pay, in connection with this Loan, either: (a) a one-time ch,'n'gc fi~r I]ood zone determination, certification and tracking services; or (b) a one-time charge for flood zone d~qcmfination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible fi,' the payment of any fees imposed by the Federal Emergency Management Agency in connection with thc review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is nmlcr no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover l.cndcr, but might or might not protect Borrower, Borrower's equity in the Property, or the contents ~d' thc Property, against a?y risk, hazard Initia~ ~ (~)®-6A(WY) (0005) CHL (08/00) Page 4 of 11 "-.--/ Forn~r'3051 1/01 0:9045 9 · ,_ 0598 I)OC ID #: 0005523840711004 or liability and might provide greater or lesser coverage than was prcvi~msly in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might signil'~c;mtly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender umlcr this Section 5 shall become additional debt of Borrower secured by this Security Instmment. These amounls shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interesl, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such poi icies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage chin% and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to h~dd thc policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts t~l~ 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 policy shall include a standm'd nmr~gage 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 I.cmlcr and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoratitm ~r 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 opportunity to inspccl such Property to ensure the work has been completed to Lender's satisfaction, provided that such .inspecti{m shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a'single pa> mcnt or in a series of progress payments as the work is completed. Unless an agreement is made in writing t~r Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrmvcr. I1' the restoration or repair is not economically feasible or Lender's security would be lessened, the insm'ance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duc, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate ~md settle any available insurance claim and related matters. If Borrower does not respond within 30 days tt~ a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires tile Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights t~ any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security lnstrmnent, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid I~y Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to thc c,~vcrage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to p;~y mnounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use thc lh'~}pcrty 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 ~1' occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, t~r tmlcss extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Ih'opt,fly; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to dcteri~rate 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 com li d~m. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance {~r condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such lmrposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series t,l' progress payments as the work is completed. If the insurance or condemnation proceeds are not sul'ficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion t~f such repair or restoration. Lender or ~t.s agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvc~nems on tile Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection spccil'ying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in defimll il', during the Loan application process, Borrower or any persons or entities acting at the direction of Btm't~wcr or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate informati~m or statements to Lender (or failed to provide Lender with material information) in connection with the [.~m Material representations include, but are not limited to, representations concerning Borrower's occupancy {~1' Ihe Property as Borrower's principal residence. (~®-6A(WY) (000S) CHL (08/00) Page 5 of 11 Inlti~ ~ Form 3051 1/01 0904599 DOC ID #: 0005523840711004 9. Protection of Lender's Interest in the Property and Righls Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interc, in thc Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, prtfl~:dc, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then I ocmlcr may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Propcn> ami rights under this Security Instrument, including protecting and/or assessing the value of the Property, ~md ~ccuring and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing m court; and (c) pa3. ing reasonable attorneys' fees to protect 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 ix m)~ li~nit~d to, entering the Property to make repairs, change locks, replace or board up doors and windows, dr',fi~ water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities mmcd on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is m)t tmclcr any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all ac ti,~ authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall bccc)m~ additional debt of Borrower secured by this Security Instrument. These amounLs shall bear interest at ~hc Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender m Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall c(mq~ly with ail the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fl~e l'~a title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage In~urancc as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortg<,_,~. h~urance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to bc available from the mortgage insurer that previously provided such insurance and Borrower wa~s required m make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall P:L~ ;l~ premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in cITcct, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect fl'~m~ an alternate mortgage insurer selec{ed by Lender. If substantially equivalent Mortgage Insurance covcm:~ ix not available, Borrower shall continue to pay to Lender the amount of the separately designated paymenl~ that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these p:t> mcnts as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refm~d;~lfl~, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pa> B~rrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve paymcms il' Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an ii,surer selected by Lender again becomes available, is obtained, and Lender requires separately designated l¥,~5'monts toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condifitm ~1' making the Loan and Borrower was required to make separately designated payments toward the prc~niums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurancc i. t:lTcct, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination t~r until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to p:ty interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that lmrchascs the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insunmcc in l'orce from time to time, and may enter into agreements with other parties that share or modify their risk, {,' reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer tt~ make payments using any source of funds that the mortgage insurer may have available (which may include I'umls obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of thc Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive, (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's paymcms fin' Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing lt~sses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange fi~r a shoe of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Furthcr: (a) Any such agreements will not affect the amounts that Bo,'rower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements ~ ill md increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borro~¥m' h~ any refund. (~®-6A(WY) (0005) CHL (08/00) Page 6 of 11 Inltl~ ~'~ · ~or~m 051 1/01 ,.',0600 DOC ID #: 0005523840711004 (b) Any such agreements will not affect the rights Bo,-rm~ c,' has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act or 1998 (}j- any other law. These rights may include the right to receive certain disclosures, to request ami obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated autonndically, '.md/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time .r sut'h cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture...\Il Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds sh:dl he applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lcmlcr's sccnrity is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work h:~s hcc~ completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender t~;~y pay for the repairs and restoration in a single disbursement or in a series of progress payments as thc w;Jt'k is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on ~t~t-I~ Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such N liscclhtnoous Proceeds. If the restoration or repair is not economically feasible or Lender's security would bc k..ssc~ cd, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whelh,.r ,~r m~t then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in thc ~n'tlcr provided for in Section 2. In the event of a total taking, destruction, or loss in value et mc Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, x~ hclhcr or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of ~hc th'¢q~erty in which the fair market value of the Property immediately before the partial taking, destruction, t~r h~ss in value is equal to or greater than the amount of the sums secured by this Security Instrument immedi:dclv he fore the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree i~ writ{nS, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Prt~t'c :d q multiplied by the following fraction: (a) the total amount of the sums secured immediately before the p:~rlial Inking, destruction, or loss in value divided by (b) the fair market value of the Property immediately h~.l'~ }re the partial 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 thc Prtq, erty in which the fair market value of the Property immediately before the partial taking, destruction, ~u' loss in value is less than the amount of the sums secured immediately before the partial taking, destructiCm, tn' loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds sh;dl ho applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice hy l.cmler tO Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to sctllc a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. I.cnder is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of thc lh'tq,erty or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" nk';ms the dfird party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a ~ht of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, wh~qhcr civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Secudfy Instrument, Borrower c:m cm'c st~ch a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property t,' {~dler material impairment of Lender's interest in the Property or rights under this Security Instrument. Thc proceeds of any award or claim for damages that are attributable to the impairment of Lender's interes~ m the Property are hereby assigned and shall be paid to Lender. All Miscel]aneous Proceeds that are not applied to restoration ~r rq*ai r of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender No~ ;~ Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate t~ release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required t~ Colnmence proceedings against any Successor in Interest of Borrower or to refuse to extend time for pa> mom or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demaml made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in ex,'re s i~g any right or remedy including, without limitation, Lender's acceptance of payments from third pcrs~ms, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a wa ivcr of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and scvc,'al. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security (~®-6A(WY) (o005) CH L (08/00) Page 7 of 11 "--" Form 3051 1/01 DOC ID #: 00055238zj0711004 Instrument only to mortgage, grant and convey the co-signer's im~.a.st in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sm.s '~ccured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree I~ cxlend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Inlcrcst of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is apprm'ctl by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall m ~l be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees t~ siM~ release in writing. The covenants and agreements of this Security Instrument shall bind (except as provid~.d i,~ Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees fi,' services performed in connection with Borrower's default, for the purpose of protecting Lender's intc'rcsl in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, ira)perry inspection and valuation fees. In regard to any other fees, the absence of express authority in this Sccltt'ity Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging ~1~ st~ch fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applical)lc 1 ~aw. If the Loan is subject to a law which sets maximum loan ch:,'gcs, and that law is finally interpreted so that the interest or other loan charges collected or to be collect~.d in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by {l~t' amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by rctlucing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduct~s principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or m~t a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund illlltlc by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arisi ng mit of such overcharge. 15. Notices. All notices given by Borrower or Lender in com~,.ctitm with this Security Instrument must be in writing. Any notice to Borrower in connection with this $ccm'ity Instrument shall be deemed to have been given to Borrower when mailed by first class mail or whc~ ',cruelly delivered to Borrower's notice address if sent by other means. Notice to any one Borrower slmll constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice adth'c~s shall be the Property Address unless Borrower has designated a substitute notice address by notice m [.cnder. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a prt}ccdure for reporting Borrower's change of address, then Borrower shall only report a change of address th,'tm~,h Ilmt specified procedure. There may be only one designated notice address under this Security Instrument :~l :my tree time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lentlc~"s address stated herein unless Lender has designated another address by notice to Borrower. Any notice i, t'tmnection with this Security Instrument shall not be deemed to have been given to Lender until actually rcc,~vcd by Lender. If any notice required by this Security Instrument is also required under Applicable Law, Ibc .~ pplicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Pmp~'rty ~s located. All rights and obligations contained in this Security Instrument are subject to any requil'c~n~,ms and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties t~ ',tgrcc by contract or it might be silent, but such silence shall not be construed as a prohibition against agrc,'~ncnt by contract. In the event that any provision or clause of this Security Instrument or the Note conflicls with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Nt~t,. which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the m:~y;culine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) wt~rds in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discrclitm without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of thc Mote and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in lire'rower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in Iht l~roperty, including, but not limited to, those beneficial interests transferred in a bond for deed, contract fi,' tl¢ctl, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower tit :~ future date to a purchaser. If all or any part of the Property or any Interest in the ProperU ~s staid or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower ~s sold or tr',msfcrred) without Lender's prior written consent, Lender may require immediate payment in full of all stuns secnred by this Security Instrument. However, this option shall not be exercised by Lender if such exercise ~s prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrowc~' mtic¢ of acceleration. The notice shall provide a period of not less than 30 days from the date the notice ix given in accordance with Section 15 within which Borrower must pay all sums secured by this Secu~ty 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 notice or demand on Borrower. .~ Inlti~ (~®-6A(WY) (ooo5) CHL (08/00) Page 8 of 1t Form 3051 1/01 0 045 9 O602 DOC ID #: 0005523840711004 19. Borrower's Right to Reinstate After Accderation. If B~,r,'t~wcr meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrmncnl discontinued at any time prior to the earliest of.' (a) five days before sale of the Property pursuant to any pdlwer of sale contained in this Security Instrument; (b) such other period as Applicable Law might speci r.; fin. the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrt,~cnt. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this ,qccm'ity Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other ceWCllllnls or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but m~t limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred fi~r ~l~c lm,'pose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) I:tkcs such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security I.sh'mncnt, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expc~scs in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, hank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution wht~sc deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully cl'l'cctivc as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acccl,.r;dion under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Gricvance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or mt~rc times without prior notice to Borrower. A sale might result in a change in the entity (known as 'the "Loan Sc'triter") that collects Periodic Payments due under the Note and this Security Instrument and performs od~cr mt~rtgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There als,~ might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change ol' Ibc LOall Servicer, Borrower will be given written notice of the change which will state the name and adth'cs~ {~l' tile new Loan Servicer, the address to which payments should be made and any other information RE,hi',.\ requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to lltn'rm¥cr will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed hy the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or bc j,~i~ctl to any judicial action (as either an individual litigant or the member of a class) that arises from thc olhcr party's actions pursuant to this Security Instrument or that alleges that the other party has breached any lm~vision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notil'i,.d thc other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and ffforded the other party hereto a reasonable period after the giving of such notice to take corrective ;tctiou. If Applicable Law provides a time period which must elapse before certain action can be taken, that t i~c pc,'iod will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opl,¢~rttmity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrowed' imt'3gua~ll tO Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisit}~ts d>[' this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "lh~/ardous Substances" are those substances defined as toxic or hazardous substances, pbllutants, or wastes I~y F. nvironmental Law and the following substances: gasoline, kerosene, other flammable or toxic petrolcmn prodtscts, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fornmhML,,,de, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdictio~ \vhere the Property is located that relate to health, safety or environmental protection; (c) "Environmcnt;d Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental l.;~w; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger ;tn Environmental Cleanup. Borrower shall not cause or permit the presence, use, dispels:ti, storage, or relea~se of any Hazardous Substances, or threaten to release any Hazardous Substances, on t~r in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to thc presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of tl~c Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property or small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residemi:d uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumed' prt~tltscts). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or prix:dc party involving the Property and any Hazardous Substance or Environmental Law of which Borrower h:~s :tctual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, disdmrge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the prescm'c, usc or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower Ic:trn,;, or is notified by any governmental or regulatory authority, or any private party, that any removal or other rcmcdiation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly takc ;dl nc'ccssm-y remedial actions in accordance with Environmental Law. Nothing herein shall create any obligati{ m tm Lender for an Environmental Cleanup. (~®-6A(WY) (0005) CHL (08/00) Page 9 of 11 - ~-orrn 3051 1/01 DoC rD #: 0005523840711004 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Bm'rower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law providcs ,Iherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (e) a d:Ht,, mH less than 30 days from the date the notice is given to Borrower, by which the default must be curt,d; alld (d) that failure to cure the default on or before the date specified in the notice may result i~ :wct'leration of the sums secured by this Security Instrument and sale of the Property. The notice shall [urlher inform Borrower of the right to reinstate after acceleration and the right to bring a court acli.n m assert the non-existence of a default or any other defense of Borrower to acceleration and sale. Ir lhe del'ault is not cured on or before the date specified in the notice, Lender at its option may requi,'c immediate payment in full of all sums secured by this Security Instrument without further demand :,,d ,nay invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be ch I i tied to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, hul not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give n,lice .r intent to foreclose to Borrower and to the person in possession of the Property, if different, in acc~}rdance with Applicable Law. Lender shall give notice of the sale to Borrower in the manner provided in Section 15. Lender shall publish the notice of sale, and the Property shall be sold in the manner prcscrihcd by Applicable Law. Lender or its designee may purchase the Property at any sale. The procct, ds o1' the sale shall be applied in the following order: (a) to all expenses of the sale, including, bu! tml limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) am excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Sccm'ity Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs I~cnder may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid tt~ ~ Ihird party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under :md by virtue of the homestead exemption laws of Wyoming. BY SIGNING BELOW, Borrower accepts and agrees to (he terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and rcc~)rdcd with it. Witnesses: a :~-' (Seal) -Borrower ALISON FLUCK I GEl,, -Borrower (Seal) -Borrower (Seal) -Borrower (~-6A(WY) (ooos) CHI.. (08/00) Page 10 of 11 Form 3051 1/01 09045 0604 DOC ID #: 0005523840711004 STATE OF WYOM1NG, Lincoln County ss: The foregoing instrument was acknowledged before me thi~ (Commission Expires: Notary Public Initials: (~®-6A(WY) (0005) CHL (08/00) Page 11 of 11 Form 3051 1/01 09045 9 Prepared by: TONI GANISON COUNTRYWIDE HOME LOANS, INC. ;0605 DATE: 11/12/2004 CASE #: DOC ID #: 0005523840711004 BORROWER: LARRY FLUCKIGER PROPERTY ADDRESS; 3611 HIGHWAY 241 AFTON, WY 83110 Branc}~ ~,: 0000567 3806 i~!-:I,L RANGE BLVD. UNIT B-9 CHEYEI!I]h~, WY 82009 Phone: (3(J7) 632-0194 Br Fa:.: Ho.: (307)632-1874 LEGAL DESCRIPTION EX I I IBIT A A portion of the Fluckiger proper'ny, as referred to in the Deed recorded in Book 457PR on pa~3e 424, with the Office of the Clerk of Lincoln County, Wyoming, within the NE~SE~ of Section 12, T31N Rll9W, of. the ~th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the Northeast corner ~3f the Allred property, as referred to in the Deed recorded in Book 402PR on page 203, with said Office, said Point of Beo~nn~ng, being N 0°40'09'' E, 363.66 feet from the Southeast Corner of said NE~SE~ and running thence S 89051'35'' W, along ~he North line of said Allred property, 625.66 feet to t}~e Northwest Corner of said Allred property; thence S 0°41'58'' W, along the Wes~ line of said Allred property and it's Southerly prolongation, 363.10 feet to a point in the South line of said NE~SE~; thence N 89048'29'' W, along said South line, 269.60 feet; thence N 0040'09'' E, parallel with said East line, 496.75 feet; thence S 89o51'35'' E, parallel with said North line 895.46 feet to a point in said East line; thence S 0040'09'' W, along said East line, 133.90 feet, to the Point of Beginning. FHNVNCONV Legal Description Exhibit A 2C404-XX [04/03)(d) *23991 ' 05523 84 07000002006A*