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HomeMy WebLinkAbout9063060425 After Recording Return To: FIRST NATIONAL BANK-WEST PO BOX 3110, 100 GREYS RIVER ROAD ALPINE, WYOMING 83128 RECEIVED 2/4/2005 at 3:05 PM RECEIVING # 906306 BOOK: 578 PAGE: 425 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, VVY [Space Abov. e This Line For Recording Data] Loan Number 80711985 MERS Number 100015700046885105 MORTGAGE DEFINITIONS W6~ds used in multiple Sections of this ddcument are defined below and other words are defin~l in Sections 3, 11, 13, 18, .20 and 21. Certain rules regarding the usage of Words used in this docUment fare also provided in SeCtion 16." · (A)~ "Security Instrument": means this document, which is dated JANUARY' 31, 2005, t6~ther with al'i Riders to this document. , :.. (B) "Borrower" is JOHN B ADAMS and CI-]~RYL A ADAMS, HUSBAND And WIFE AS!JOINT TENANTS. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS 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 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 CORPORATION organized and existing under the laws of WYOMING. Lender's address is PO BOX 3110, 100 GREYS RIVER ROAD, ALPINE, WYOMING 83128. (E) "Note" means the promissory note signed by Borrower and dated JANUARY 31, 2005. The Note states that Borrower owes Lender TWO HUNDRED NINETY-FIVE THOUSAND AND 00/100ths Dollars (U.S.$295,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 1, 2035. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are 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 [] Other [Specify] [] 1-4 Family Rider [] Biweekly Payment Rider WYO~G--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Borrower Initials 4~ '~ Form 3051 1/01 (page 1 of ll pages) (l) "Applicable La,,v" means all controlling applicable federal, state and 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) "Conmmnity Association Dues, Fees, and Assessments" means all dues, fees, assessments and od]er charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means pa]y transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or maD~edc tape so as to order, instruct, or authorize a financial institution to debit or credit pal account. 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)dpanage to, or destruction of, the Property; (ii) condenmation 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 the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment 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. {i 2601 et seq.) and'its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they 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 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,)wh'ether or not'that:party has" assumed'.B0rrower's obligations under the Note and/or this Security Instrument. ,.'~ .... ' ,-,,,: · , . ,.-..,- 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 (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following desdribed property located in the County of LINCOLN - [Type of Recording Jurisdiction] [ Name of Recording Jurisdiction] SEE ATTACHED EXHIBIT "A" which currently has the address of ALPINE , Wyoming 734 OLD ALPINE ROAD 83128 [City] [Zip Code] [Street] ("Property Address"): ' ~. '-"*' ' .Borrower Initials WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 (page 2 of ll pages) ,0427 TOGETlqER WITH all the improvemeuts uow or hercal:tcr erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by thi. s Secnrity Instrument. All of the foregoiug is referred to in this Secm'ity lnstrumeut as the "Property." Borrower understands and agrees that MERS bolds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; mid to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument 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 and this Security Instrument be made 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 ~my such check isdrawn upon an institution whose deposits are insured by a federal agency, instrumentalitY; Orentity; or (d) ElectrOnic Funds'Transfer. . : Payments are deemed received by Lender when received at the 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:rettim ~Ylpaymefit or pa/rial:: payment, ~if~ the:payment or partial Payment~ are insuffii~ient to bring the '12)an~current5 Lender maY~'aceept any !payment:or partial payment insufficient to bring the Loan'current,· Without'Waiver.10f, any rights hereunder or prejUdice to its':rights~torefusd:sUch payment or partial payments .in the future, but Lender is not obligated to apply such payments,at:the time such Payments:are .', accepted. If each Periodic Payment is applied as' of its scheduled due date, then Lender need not pay ihteregt on una~ipli/?d · funds. Lender may h01d such unapplied funds until Borrower.makes payment to bring the Loan current. If Borrower does:not~ do :.so wi.thin a reasonable period .of time, Lender shall· either apply such funds or return them to Borrower..If not applied ....... earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No' ... offset or claim which Borrower might have now or in the futu~'e'against Lender shall relieve Borrower from making payments', due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and 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 Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and Other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be Vv'YO1VIING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 (page 3 of 11 pages) escrowed by Borrower, and such dues, fees and assessments shall be an Escrow item. Borrower shall promptly furnish Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items tbr which payment of Funds has been waived by Lender and, if Lender requi~'es, shall tVrnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments mad to provide receipts shall for all pu~oses be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuit to a waiver, ~d Borrower fails to pay ~e mount due for ~ Escrow Item, ~nder may exercise its rights under Section 9 ~d pay such ~ount ~d Borrower sh~l then be obligated under Section 9 to repay to ~nder ~y such ~ount. Lender may revoke the waiver Escrow Ite~ at ~y time by a notice given in accord~ce wi~ Section 15 ~d, upon such revocation, Bo~ower shall pay to Lender ~1 Funds, ~d in such ~ounts, that are then required under this Section 3. Lender may, at ~y time, collect ~d hold Funds in ~ mount (a) sufficient to pe~t Lender to apply the Funds at the time specified under RESPA, ~d (b) not to exceed the m~imum mount a lender c~ require under RESPA. Lender sh~l estimate the mount of Funds due on the b~is of cu~ent data ~d reasonable estimates of expenditures of ~ture Escrow Ite~ or othe~ise in accord~ce with Applicable Law. The Funds sh~l be held in ~ institution whose deposits ~e insured by a feder~ agency, instmment~ity, or entity (including Lender, if Lender is ~ institution whose deposits ~e so insured) or in ~y Feder~ Home ~ B~. ~nder sh~l apply the Funds to pay the Escrow Ite~ no later th~ the'time specified under RESPA. Lende~.sh~l not ch~ge Borrower for holding ~d applying the Funds, ~u~ly ~alyzing the bscrow account,' 6} veti~ing ihe Escrow Ite~, uNess Lender pays Borrower interest on the Funds ~d Applicable Law p~S ~nder tom~e such a ch~ge. Unless ~ agteementis made in' writing or, Applicable Law requires interest to be paid on the ~unds, Lender~sh~l not be required .to pay Borrower,~y interest 'of-e~i~gi~ b~ the' Fd~di': "B'o~d~er '~d L~nder C'a agree :ih krf~'ing~, h0¢bCer, ;ihlt~iflk~rest s~ml;~be 'plid'on the FUnaS 'Lenaef sh~l gl~e to Bo~Ower, Wl~OUt ch~ge, ~ ~u~ accountine of the Funds as r~fi'ir~d bv RESPA- ?: "~ ~' .... ....... If the~e' 'is a sfi~!U~"b'f"Funfl~" held in escr0'~',-~ deffn~fl ~uflder RESPA', Een;d~f sh~l ~cohnt {b B~f~0wer f0r,"t~: ekces~ ~nds' m accord~ee w~ .... RESPA: If there is a shortage of Funds held m eScr6W, as defined Under.. RESPA',~ ~nder ~°~°wer :.~ reqmred~by, gESPA' ~a B°~°wer sh~l~pay-!9 ~nder the ~0unt ne~qssa~ t0 m~e up the sh0nage m accord~ce. ~ith RESPA, but in'~6 '~6re "/~'"12 monthly 'payments, If there i~ a' deficiendy of Funds held in escrow as defined ander RESPA,'.' Left:der' S~I~ n6ti~ Bd~ro~kf' as requitea by RESPA/~d Boffower ~h~l p~y to ~ndef ~'~ ~ou~t neceska~ to m~ up the deficiency in aecord~ce wi~ RESPA, but in no more th~ 12 monthly payments. Updh payment'in ~ll'of ~1i sums'secured by ~is Security' Instrument; L~der sh~l promptly re.nd to Borrower ~y Funds held by Lender. 4. Charges; Liens. Bo~ower sh~l pay ~1 t~es, assessments, ch~ges, fines, ~d impositions attributable to the Property which c~ attain priority over this Security Instrument, leasehold payments or ground rents on ~e Property, if ~y, and Con. unity Association Dues, Fees, md Assessments, if ~y. To the extent that these ite~ are Escrow Ite~, Borrower shall pay them in the m~er provided in Section 3. Borrower sh~l promptly disch~ge ~y lien which has priority over this Security Instrument unless Bo~ower: (a) agrees in writing to the payment of the obligation secured by the lien in a m~er acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien ~ agreement satisfacto~ to Lender subordinating the lien to this Security Instrument. If Lender dete~nes that ~y pan of the Property is subject to a lien which c~ attain priority over this Security Instrument, Lender may give Borrower a notice identi~ing the lien. Within 10 days of the date on which that notice is given, Borrower sh~l satis~ the lien or t~e one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time ch~ge for a real estate t~ verification ~d/or reporting service used by Lender in co~ection with this Lo~. 5. Property I~urance. Borrower sh~l keep the improvements now existing or hereafter erected on the Property insured against loss by fire, h~ards included within the te~ "extended coverage," ~d ~y other h~ards including, but not li~ted to, eanhqu~es ~d floods, for which Lender requires insur~ce. ~is insur~ce sh~l be maintained in the ~ounts (including deductible levels) ~d for the periods that Lender requires. What Lender requires pursuit to the preceding sentences c~ ch~ge during the te~ of the ~. The insur~ce c~rier providing the insur~ce shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Le~der may require Borrower ~O~NG--Single Family--Fannie Mae/Freddie Mac ~IFO~ INSTR~NT Form 3051 1/01 Cage 4 of ll page¢ [0 I)ay, ill colnlcctioi1 with [his Loan, either: (a) a one-tinqe charge for hood zone determination, ti]ti'[" 0 .... ~cation and tracking services; or (b) a one4ime charge for flood zone determination 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 tbr the payment of any tees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting fi'om an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insnrance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity iu 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 coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender 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 policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. -', In ~the event of:loss, Borrower shall give prompt notice to the ~nsurance carrier and Lender. Lender may make proof Of loss if not made promptly by Borrower. Unless Lender and Borrower.otherwise agree in whting, any insurance proceeds, whether or not the underlying ~nsurance was required by Lender, 'shall be applied to restoration or repair of'-the :Property, if the restoration or re!aair ,is economically feasible and Lender's security is not lessened. Duri.ng SUCh repair and restoration period, Lender shall: · have. the :=righti,to h01d suchi ins, urahce proceeds until Lender has had in 0ppor~unity to inspect sUch:'Property to ensure: the .:;!. :. h:as :beck 6ompleted to Lender s satisfadtiOn, pro~ided.that sucti, inspe~ti0n.ihaJl,'b~, iii/dert~eh promptly, Lendi~r. n/ay disburse proceeds ;for therepairs and :reStoration in a single payment or in a series bf:prog~6s'i;~?i~ments as,the;work is completed.. Ufiless _an..~ agreement is' made in Writing or Applicable Law requires interest to be paid 0nsi~ch insurance proceedS,.Lende~ Shall not:be' - ~ required to pay Borrower any: interest or earnings on such proceeds. Fees for: public adjusters, or other third parties,~r'etained by Borrower Shall~ not be paid out of the insurance proceeds and shall be'the sole Obligation of BorroWer. If the restoration or repair, is not economically feasible or Lender's security Would be lessened, khe ihsurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with th'e 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 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 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 Note 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 coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or 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 purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 (page 5 ofll pages) Lender or its agent may make reasonable entries tlpon and inspections ol' lI~e Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying sucl~ reasonable cause, fl. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially ihlse, misleading, or inaccurate int~mation or statements to Lender (or failed to provide Lender with material information)in connection with the Lo~. Material representations include, but are not limited to, representations concerning Borrower's occnpancy of the Prope~y as Borrower's principal residence. 9. ~otection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perfo~ the coven~ts ~d agreements contained in this Security Instrument, (b) there is a leg~ proceeding that ~ght signific~tly affect Lender's interest in the Prope~y ~d/or rights under this Security Instrument (such as a proceeding in ba~mptcy, probate, Ibr condemation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to euforce laws or regulations), or (c) Borrower ha ab~doned the Property, then Lender may do ~d pay for whatever is reasonable or appropriate to protect Lender's interest in the Prope~y ~d rights under this Security Instrument, including protecting ~d/or assessing the v~ue of the Prope~y, ~d securing ~d/or repairing the Property. Lender's actions include, but ~e not li~ted to: (a) paying ~y sums secured by a lien which has priority over this Security Instrument; (b) appe~ing in court; ~d (c) paying reasonable attorneys' fees to protect its interest in the Prope~y ~d/or rights under this Security Instrument, including its secured position in a b~mptcy proceeding. Securing ~e Property includes, but isnot li~ted to, entering the Property to m~e repairs, ch~g~ locks, replace or bo~d up doors ~d windows, drain water from pipes, eli~nate building or other code violations or d~gerous conditions, ~d have'utilities turned on:or off. Although Lender may t~e action Under this Section 9, Lender does not have to 'do so ~d is. not under ~y duty or obligation to do so. It is agreed that Lender {neh~s' n0 'liability for not t~ing ~y or ~1 actions authorized under' this Section 9. :'~" Any'. mounts d~sbursed by Lender under th~s Sectio~ 9, Sh~l'beco~"additiofl~ debt 0f Borrower secured, by this Security ~ ::.~ffst~m~:~'. ;-~'6~ '~'~o6'ht~~ 'sh~i' b~ interest ai · ' ' ~ '~ "~'': ':''~ '-".'" ' ...... ". .... "' the Note rate. from the dat~ oF ~isbursement ~d sh~l b6 p'ayabl~, with Such ;/:.:~[";ihtefe~t,'~'6:~'~btic~ f~0~'E:aadef t~'~0rro~er req~esting"~'~&~ht.'~.~< ': .: '~ ' :" ':) :' ~,: : :: . ;~: ~'.'~ ~':"~'~"if ihi~?&heity~.'in~nt"'i~;'6h a ie=eh6id~"Borr6~er~fi~l '~a~Ply '~'ith"~l me'provisions of ~he ie=e~.':'If BOwower ~:'~"; a'cqai~a~;~&:;tifi~:'.f6 the :P~gPa~y~,'~ha i~eh01d ~d th~ fe~'"fiil6 s~'~rh6~-m~r~:e U~l~ss-'~nder;fi'grees to"'ihe: '.... ~'"~gft~:aa :;if:~"U~d'~ ~equi'r~d'M0~g~g~ Ih~r~6~;ilk a' eapdi~;~ 0~ m'~ing the' ~, norr6w&' sh~i pay ':'": 'm~ ~&6~'~ ~q~i'Fea' %' 'maint~'n ~fle Mortgaga~.'iaSuF~ce :i~' 'effec(. ~f,' ~Sr ~y re=on, 'the Mortgag~'Ihsur~ce 'coverage ' ' reqh'ired ~'f"'~naa~ ~e=e~ ¥o b~ available from th~ mortgage ~insurer ~hat pfevioa'siy Provided such insuf=ce =d Bo=ower was required to m~e sep~ately designated payments toward the pre.mm for Mortgage Insur~ce, BorroWe~ sh~l pay the pre~u~ required to obt~n coverage subst~ti~ly equiv~ent to the Mo~gage Insur~ce previously in effect, at a cost subst~tially equiv~ent ~o the cost to Bo~ower of the Mo~gage Insur~ce previously in effect, from ~ ~temate mo~gage insurer selected by Lender. If subst~ti~ly equivalent Mortgage Insur~ce coverage is not av~lable, Bo~ower sh~l continue to pay to Lender the amount of the sep~ately designated payments that were due when the insur~ee coverage ceased to be in effect. Lender will accept, use ~d retain these payments as a nomre~ndable loss reserve ~n lieu of Mortgage Insurance. Such loss reserve shall be non-re.ridable, notwithst~ding the fact that the Lo~ is ultimately paid in ~11, ~d Lender shall not be required to pay Borrower ~y interest or e~nings on such loss reserve. Lender c~ no longer require loss reserve payments if Mo~gage Insur~ce coverage (in the m~ount ~d for the period that Lender requires) provided by ~ insurer selected by Lender again becomes available, is obtained, ~d Lender requires sep~ately designated payments toward the premiums for Mortgage Insur~ce. If Lender required Mortgage Insur~ce as a condition of m~ing the Lo~ ~d Borrower was required to m~e separately designated payments toward the pre.urns for Mortgage Insur~ce, Bo~ower shall pay the premiums required to maintain Mo~gage Insur~ce in effect, or to provide a non-re~ndable loss reserve, until Lender's requirement for Mo~gage Insur~ce ends in accord~ce with ~y written agreement between Borrower ~d ~nder providing for such ter~nation or until te~nation is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insur~ee reimburses. Lender (or ~y entity that purchases the Note) for ee~ain losses it may incur if Borrower does not repay the Lo~ ~ agreed. Borrower is not a p~y to the Mortgage Insur~ce. Mo~gage insurers evaluate their total risk on ~1 such insur~ce in force from time to time, ~d may enter into agreements with other p~ies that shoe or modify their risk, or reduce losses. ~ese agreements ~e on te~s satisfacto~ to the mortgage insurer ~d the other p~y (or pa~ies)to these agreements. ~ese agreements may require the mo~gage insurer to m~e payments using ~y source of ~nds that the mortgage insurer may have available (which may include ~nds obtained from Mo~gage Insur~ce pre~u~). .~. i' Borrower Initials ~ ~O~G--Single Family-Fannie Mae/Freddie Mac ~IFO~ INSTR~NT Form 3051 1/01 ~age 6 ofll pages) .As a rcsuh or' these agreements, Lender, any purchaser of the Note, anolher msurm, any rcinsurcr, any ofl~cr ennty, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts ~hat derive from (or might be characterized as) a portion of Borrower's paymems for Mortgage Insurance, in exchange for sharing or modifying the mortgageinsurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangemen~ is often termed ' captive ~einsurance." Further: (a) An)' such agreements wilt not affect the amounts lhat 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 the), 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. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, 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 Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Proper~y is damaged, such Miscellaneous Proceeds shall be applied to restoration 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 Miscellaneous Proceeds until Lender has had an opportunity 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 pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires imerest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or: repair .is ~ not economically feasible or Le~der's s~cUrity would be lessened, the M'i~cellaneous Proceeds shall be applied ~to the sums secured I~y this Security Instrument, whether 'or not then due, with. the excess; if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided:for in Section 2: .. .,, ...:: ., , -In the event of a't0tal taking; destruction, or loss in.~alhe of the'Pr0penY~~ the Miscellaneous Proceeds shall be applied to · ';' the sums secured bythis-Security Instrument, whether or not theft du'e;, with the excess, if hriy, paid~to.Borrowe~:. ~'.!~- '.: In~: the. eyent of a partial taking, destruction, or loss iri ~)alue of [he Prop~y in Which the fair market 'Value Of tha Proper/y .'..' immediately before the partial taking, destruction, or. loss in,value is.'eqtial to or gre~iter 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 shall be reduced by th~'amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before 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 the Property in which the fair market value of the Property irmnediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be 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 by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the 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 ii' any action or proceeding, whether 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 Security Instrument. Borrower can cure such 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 or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds provided for in Section 2. that are not applied to restoration or repair of the Property shall be applied in the order VVYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Borrower Initials Form 3051 1/01 (page 7 of ll pages) 1'2. Bo- ( 'e,' No£ Released; Forbearance By Lender Not a Waiver. EXlension pt' d~c lime for paymcn~ or modilicalion of amortization of the sums secured by this Security Instrument granted by Lencler to Borrower or any Successor in Interest of Borrower shall not opera~c to r~lcasc ~he liability of Borrower or any Successors iu Imcres~ pi' Borrower. required to con,hence proceedings against any Successor in Interest of Borrower or ~o refuse ~o extend thne for payment or o~hel-wise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Imeres~ of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Leuder's acceptance of paymems from third persons, entities or Successors in Interest of Borrower or in amounts less ~han the amoun~ then due, shall not be a waiver 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 several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard m 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 Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release m writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's. default, for the purpose of protecting Lender's interes~ in the Property. and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such-fee. Lender may not charge fees~ that are expressly prohibited by this Security InStrument or by Applicable Law: If the Loan is subject to a law which sets maximum loan charges, and that. law is finally interpreted so that the interest or other loan charges collected or tO be collected in Connection with the Loan exceed the permitted:limits, then (a) any such loan "' . chai-ge s~all ".b,e"fedu&d'b'~/tho mount necessary to ieduce.th'elch~ge i0 ~he Per'ted' limit; and :(b) any ,sums already,c'olleCted fr3m B0~0~? 'Whidh e~Ceeded permitted limits will' ~'e refunded.to '/10rrowen Lender maS; choo}e ~0 make.this re'fund by - '.reducing' th6-'princfpal 'owed under the Note or by making a direct payment to Borrower. Ifa refund i'educek principal, the · redQCti0h"'will'lSb treated' i~g~h p~rtial prepayment without any '~si'ei~ai, m~nt chargd (whether 'bt not a prepayment chai'ge is ' provided' for' under the"Nbt~). BorrOwer's acceptance of any such refund made by direct payment to Borrower will constitute a w~fver o"~ ~frlght'0f'~Ctibh Borrower might have arising out of such' Overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in wrmng. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable 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 Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrume,.~ ' '-~ '5~"' Borrower Initials ~ " WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 (page 8 ofll pages) 0433 18. Transfer of the Property nra Beneficial Interest in Borrower. As ttsed iii this Scctiou 18, "interest mt-he Proi')eny" me~s any legal or beneficial interest in the Property, including, but not lin-ti~ed to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, 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 or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transfen-ed) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrunaent. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all stuns which then would be due under this. Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interes~ in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured 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 by.a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon: reinstatement by Borrower, thi~ Security Instrument and ~5bligations secured hereby shall remain fully effective as if no. acceleration had occurred. However, 'this righ[ to reinstate shall-.not apply in the. case of acceleration under Section 18...:. ~ ... :,: _. :... ::.....:: .- ... 20. 'Sale of Note; Change of'Loan Servicer; Notice of Grievance. The Note or a partial interest' in the Note'¢ogether with this Security Instrument) can be sold. one or more times without prior notice to Boi'rower A sale'might result in ~change in the entky (known as the "Loan Servicer") that collects Periodic Payments due 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 the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA 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 Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the 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 Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21' (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ' .':~ '-'~' '.Borrower Initials ' WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3051 1/01 (page 9 ofll pages) Borrov,,'er shall nol cause or permit th'c presence,, ust:, disposal, storage, or release of any Hazardous Sut~;slan ' ,.'. ol' thr{:aten to release any Hazardous Substances, on or 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 the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but uot limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulator3, authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall Create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to aeeelerntion under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the 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 inform Borrower of the right to reinstate after acceleration and.the right to bring a court aeti0n to assert the non-existence of'a default or any other defense of Borrower to 'aei:ele~:a'iion" an~! Siile'. If' thi: default is not cured oh or befog4' th~' date' s'P'eeified in the notice, Lender at its option may require immediate payment in full of all sums seem'ed by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall he entitled to eoll~t all expenses incurred in pursuing the remedies provided in this Section 22, inclUding, but not lin'dted 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 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 prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (e) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. WYOMING--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Borrower Initials 'N~r~ ~ Form 3051 1/01 (pqge__l.O_..ofll pages) ,:. o'1 SIGNING .... b E L in any Rider ex¢culed by Borrower and recorded with (Seal) (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower [Space Below This Line For Acknowledgment] State of WYOIVlING ) ss County of LINCOLN ) The foregoing instrument was acknowledged before me by JOHN B ADAMS And WIYE AS JOINT TENANTS this 31ST day Of'jANUARY, 2005.. Witness my hand and bfficial seal. (Seal) My Commission Expires: o9/]8/o? and CHERYL A ADAMS, HUSBAND (Print or type name) ILMyPENNY JONES ~OTARY PUBLIC 1-~ COUNTY OF pjr,,~,-~ STATE OF UNCOLN ~ WyOM,NG COMMISSION EXPIRES SEPTEMBER~IB. 2007 W~'Otl ~': ! :ingle Family--Fannie IVlae/Freddie Mac UlX; :i;i!!iii?!!71 :~INSTRUMENT Form 3051 .: geII ofllpages) Eshibit "A" That'part of Lot £0 of the Alpine Village Subdivision No. 1, Plat 2, Amended, Instrument No. 559191 of Lincoln County, Wyoming, described as follows: BEGINNING at the southeast corner of said Lot ~0 where found a steel reinforcing rod with aluminum cap inscribed "COR. 51 . 50 LS 526"; thence N 89o36,14. W, 266.75 feet along the south line of said Lot 50 to a point for intersection with the west line of that tract of record in the said Office in Book 139PR on page 190; thence N 00o17,34" E, 406.0? feet along the said west line to the point for ntersectLon with the northeast line of said Lot 50; i thenCe S 32°59,2@, E~ 486.25 feet along the said northeast line to the CORNER OF BEGINNING.