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Home My WebLink About912404 filii," "---'~'~~"._.''--'-. -,. "'-.- G00870 Recòrding requested by: Wells FaIgo Bank, N.A. ,_0 RECEIVED 10/3/2005 at 11 :52 AM RECEIVING # 912404 BOOK: 599 PAGE: 870 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, wY When recorded return to: Wells FaIgo Bank, N,A. P. 0, BOX 31557 BilliNGS, MT 59107 DOCUMENT MANAGEMENT State of Wyoming IŒ:FERENCE #: 20052497200620 MORTGAGE (With Future Ad'-'ance Clause) 1. DATE AND PARTIEt. The date of this Mortgage ("Security Instrument") is 09/13/2005 and the parties, their addresses and tax identification numbers, if required, are as follows: MORTGAGOR: BRET W, MERICA AND DEBBIE MERICA, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES WITH THE RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN C0tv1lv10N Space Above TIús Line For Recording Data ACCOUNT #: 0654-654-1704568-1 998 1-'7 l{ ] J ~ ù D If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors their signatures and acknowledgme~ LENDER:Wells v.?IgO Bank, N.A. P. O. BOX 31557 BilLINGS, MT 59107 ! 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with power of sale, the following described property: SEE ATTACHED EXHIBIT The property is located in l I N C 0 l N at: 1079 PERKINS RD THAYNE, Wy(Co8~~279707 and parcel number of 341911 '10026900 together with all rights, easements, appurtenances, royaltie.)f mineral rights, oil and gas rights, all wa::er and riparian rights, ditches, and water stock and all existing and future improvements, structllfes, fixtures, and replacements that may now or at any time in the future be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at anyone time shall not exceed $ 35,000,00 , This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: EQ150A rnmm', '''l. .'"'' ,.., ~ :¡';t: OSí~ë404 ;:}00871 , A. Debt incurred under the tenns of the promissory note, revolving line of credit, contract, guaranty or other evidence of debt dated 09! 13 J 2005 together with all amendme.nts, extensions, modifications and renewals, and having a maturity date of 09 J 13 ¡ 2045 B. All future advances from Lender to Mortgagor under such evidence of debt. All future advances are secured as if made on the date of this Security Instrument. Nothing in this Security Agreement shall constitute a commitment to make additional or future loans or advances which exceed the amount shown in Section 3. Any such commitment must be agreed to in a separate writing, C. All sums advanced and expenses incurred by Lender for insuring, preserving, or otherwise protecting the Property and its value.. and any other sums adv:mced and expenses incurred by Lender under the tenns of this Security Instrument. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the tenns of the Secured Debt and this Security Instrument. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance øn the Property, Mortgagor agrees: A. To make all payments when due and to perfonn or cO! ':'ly with all covenants. B. To promptly deliver to Lender any notices that Mortgm;í)r receives from the holder. C. Not to allow any modification or extension of, nor to. ,quest any future advances under any note or agreement secured by the lien document without Lender's prior written c..nsent. 7. CLAIMS AGAINST TITLE. Mòrtgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other ch;:;.r;;es relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of the Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 8. DUE ON SALE OR ENCUMBRANCE. Upon sale, transfer, hypothecation, assignment or encumbrance, whether voluntary, involuntary, or by operation of law, of all or any part of the Prpperty or any interest therein, then at its sole option, Lender may, by written notice to Mortgagor, declare all obligations secured hereby immediately due and payable, except to the extent that such acceleration for and in such particular circumstances where exercise of such a right by Lender is prohibited by law~ 9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary, Mortgagor shall not commit or allow any waste, impainnent, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property, Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property, Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 10. AUTHORITY TO ~ERFORM. If Mortgagor fails to perfornl any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perfonn or cause them to be perfonned, Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for perfonnance. Lender's right to perfonn for Mortgagor shall not create an obligation to perfonn, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to. protect Lender's security interest in the Property, including completion of the constr .lction. . 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys, mortgages and warrants to Lender as additional security all the right, title and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default 'under the tenns of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument. Mortgagor agrees that this assignment is effective as to third parties when L~nder takes affinnative action prescribed by law, and that this assignment will remain.i~ effect during any redemption period ;.~!1til the Secured Debt is satisfied. Mortgagor agrees that Lender may take actual possésslon of the property without the neceh,Ìty of commencing legal action and that actual possession is deemed to occur when Lender, or its. agent, noillies Mortgagor of default and demands that any tenant pay all future Rents directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possessi~n ~d will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under EQ150B (10/2003) ¡fir ~ . ;.. '-".- ;.'. "'~-~';,*">--- . ....'."'.....~,.,.... '""'''.''''--' .. '-J...'_""."~ \,,;00872 ~OC'4 "-rA.OI'~ , J......,"""'''-i: "'-t: ~he' Leases or any applicable landlord/~enant law, Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 12. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if tills Security Instrument is on a leasehold. If the property is a unit in a Condominium Project or is part of a Planned Unit Development ("POO"), Mortgagor agrees to the following: A. Obligations~ Mortgagor shall perform all of Mortgagor's obligations under the Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other' Jcument which creates the Condominium Projects or PUD and any homeowners associàrion or equivalent entity ("Owners AssC';',tion"); (ü) by-laws; (iii) code of regulations; and (iv) other I equivalent documents. Mortgagor ~'hallpromptly pay, when d_'e, all dues and assessments imposed pursuant to the Constituent Documents, B. Hazard InSU.l ance. So long ar, the Owners AssocÍ<ltion maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project or PUD which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included witilln the term "extended coverage," then Mortgagor's obligation under Section 19 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owner's Association policy. Mortgagor shall give Lender prompt' notice of any lapse in required haÚ,rd insurance coverage, In the event of a distribution of hazard insurance proceeds in lier. of restoration or repair following a !JSS to Property, whether to the unit or to common elements, any proceeds payable to Mortgagor are herèby assigned and sha!J. be paid to Lender for application to the sums secured by tills Security Instrument, with ar1J excess paid to Mortgagor. C. Flood Insurance. . Mortgagor agrees to maintain flood insurance for the life of the Secured Debt which is acceptable, as to form, amount and extent of coverage to Lender. D. Public Liability Insurance. Mortgagor shall takè such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. E. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Mortgagor in connection with any c~mdemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 18. F. Lender's Prior Consent. Mortgagor shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project or PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefrt of Lender; (Hi) termination of professional management and assumption of self- management by the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage main!ained by the Owners Association unacceptable to Lender, G. Remedies. If Mortgagor does not pay condominium or PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under tills section shall become additional debt of Mortgagor secured by this Security Instrument. Unless Mortgagor and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Secured Debt rate and shall be payable, with interest, upon notice from Lender to Mortgagor requesting payment. 13. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default 14. REMEDIES ON DEFAULT. In some instances, federal and r;~_ate law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose tills Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the· agteed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, including without limitation, the power to sell the Property. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of :my sum in payment or partial paymert oJ;! the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a ,vaiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. I r EQ150C (10/29.9}) I. ';,;. '·l~'_":"':"''';''''';'; r~m:r:'] ~;;}~mt;~j fii,ii:!;i,t,li!111,11:, ,T ~ ~ '¡, \.'.' "i' , . I I 0«::"";\ j~: t1 04 'J ,..'~~ V -......J ""---' ',-~-0087 3 15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as -provided in the ternlS of the' Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lenders' rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses, This amount does not include attorneys' fees for a salaried employee of the Lender. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release, .'- ,I 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTA'::,CES. As used in this section, (1) Environmental Law means, without limitation, theCmnprehensive EnvÍJonmental Responsf, Compensation and Liability Act (CERCLA, 42 U.S.c. 9601 et seq,), and all other feò¡~~al, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "tOyjc substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, wan'ants and agrees that: A Except as previously disclosed and acknowledged in \ í'riting to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restrk1ion does not apply to small quantities of Hazardous Substances that are generaUyrecognized to be appropriate for the normal use and maintenance of the Property, B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property, In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall iIIµ11ediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened invèstigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the',violation of any Environmental Law. 17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor' name in any of the above described actions or claims, Mortgagor assigns to Lender the proceeds of any award or claim for damages connect~d with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 18. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld, If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights inthe Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall inúnediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immedi'. rely by Mortgagor, Unless otherwise agreed in writing, all insurance proceeds shall ¡"e applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. An~. application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 19. ESCROW FOR TAXES AND INSURANCE. Unless othelwise provided in a separate agreement, Mortgagor will not be required to pay to Lender·funds for taxes and insurance in escrow. 20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien st[.1us on the Property. 21. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor sign" this Security Instrument but does not sign an evidence of debt, EQ150D (10/2003) "," " ;..:00874 uS :1~:: 404 Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees tha{ Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms 0:':" this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assignf,' -of Mortgagor and Lender. . 22. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which th(~ Property is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. ThÏ':i Security Instrument is complete and fully integrated. This Security Instrument may not be amended of modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement If any section of this Security Instrutnent cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural tht singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument 23. NOTICE. Unless otherwise required by law, any notice shall te given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or as shown in Lender's records, or to any other address designated in writing. 24. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right regarding the marshalling of liens and assets, and hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this state. 25. OTHER TERMS. If checked, the following are applicable to t1-;is Security Instrument: rn Line of Credit. The Secured Debt includes a revob;':g line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument wit: remain in effect until released, IilltJ Construction ,Loan. This Security Instrument secutc3 an obligation incurred for the construction of an improvement on the Property. . IilltJ Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures relates to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. IilltJ Additional Terms. 26. RIDERS. If checked, the following are applicable to this Security Instrument. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument m Third Party Rider m Leasehold Rider IITZB Other N I A SIGNATURES: By signing below, Mortgagor agrees to the terrn~ and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. /~~J -n'l'/~~ s-R'ET W MER I CA . '-- ~ '- .()(\ \. \.~Å0.. '{Y\Q J\A1õJ o 'S-BIE MERICA 7- J.5 "'<:75. Mortgagor Date q-\~~os Mortgagor Date Mortgagor Date Mortgagor Date Mortgagor Date Mortgagor Date EQ150E '.' ..-.- .-_-.- ~ -~-.."._-' ,~'-'~< ,"".' nee '''1 ",... A·04 ~~,J'-.,;.J"'---".:";:" '-I:: \ ~~;'~~'-,:~J . _~~,__~ ,_.. 0-- ___._'...__. ACKNOWLEDGMENT: (Individual) 1/ I STATE OF Iv 'j rð fJ1 ¡' J1 .3 COUNTY OF L ¡' ill élJ I JA.. '('OJ [) {'(}en, T~e foregoi~ instrument was acknowledged before me by l5 r e f~ ú.J al'V'td [) e 66 (" c. thIS ! .::2 day of 'S~.¡oI-t' I'Vt b r- , -déJðs;' . Witness my hand and official seal. f!Ia¿( ¿-It; tZ1 aé¿-új //~ (Signature of Officer) J!'læ/1r' Pc<h¡,'c (TitleofÓ~ My Commission Expires: _ S'- ,;2 s- - / ðéJ {; ACKNOWLEDGMENT: (Individual) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by this day of Witness my hand and official seal, (Signature of Officer) (Title of Officer) My Commission Expires: EQl50F (10/2003) rèLAUDIA ANDERSON - NOTARY PUBLIC COUNTY OF STATE OF t LINCOLN WYOMING L~MY COMMISSION EXPIRES MAY 25. 2006 1,' ,; ',~, On87C::: . 'v ~ II}/) e r I, ¿- c<..- (Seal) (Seal) ( ::00876 O.r' e'" or, " 40'1'\1 "'-- ..." ,f·- . .s...;r i,~ J.......:.....'~.":':O. "' Exhibit A Reference #: 20052497200620 Acct #: 0654-654-1704568-1998 A PORTION OF THE PROPERTY REFERRED TO IN WARRANTY DEED RECORDED IN BOOK 369PR ON PAGE 213 AND IN WARRANTY DEEDS RECORDED IN BOOK 369PR ON PAGES 288 AND 292 OF THE RECORDS OF THE LINC~LN COUNTY CLERK, WITH THE NE 1/4 NE 1/4 OF SECTION 11, T34N R119W OF THE 6J,H P.M" LINCOLN COUNTY, WYOMING, THE METES AND BOUNDS BEING MORE PARTIC~JLARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE BLM TYPE MONUMENT MARKING THE MARLOWE A, SCHERBEL PLS 5368, 1994 LOCATION FOR THE SOUTHWEST CORNER OF SAID NE 1/4 NE 1/4; THENCE N 0 DEGREES 31 MINUTES 48 SECONDS E, ( N 00 DEGREES 37.5 MINUTES W RECORD) ALONG THE WEST LINE OF SAID NE 1/4 NE 1/4, 330,45 FEET; THENCE S 88 DEGREES 50 MINUTES 06 SECONDS E, 659,16 FEET; THENCE N 0 DEGREES 31 MINUTES 48 SECONDS E, IN 00 DEGREES 37,5 MINUTES W RECORD 112,40 FEET; THENCE S 88 DEGREES 50 MINUTES 06 SECONDS E, 492.97 FEET IN 89 DEGREES 59,8 MINUTES W, 490,78 FEET RECORD); THENCE S 0 DEGREES 49 MINUTES 28 SECONDS W,IN 00 DEGREES 20 MINUTES W RECORD), 442,83 FEET TO A POINT IN THE SOUTH LINE OF SAID NE 1/4 NE 1/4; THENCE N 88 DEGREES 50 MINUTES 06 SECONDS W, 1149.86 FEET IN 89 DEGREES 59 MINUTES 8 SECONDS W, 1149,81 FEET, RECORD) TO THE POINT OF BEGINNING, EQEXAl (12/2003)