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HomeMy WebLinkAbout918429 -~?f.ro:::;:?! j:~~:~:!:t~::~::;~:: ; . . ';'. - ·":.!.;1;;:CI;r.lõIaò!1,:'~~.~_D;J':",..::...,>!,'_~·, '_..t;;..:.;..p!,~"¥_"",,"'_',t:;,.;,A,::...:!l ;.;. ""~-'-..i-';'~!"_ ".'.~.rI'~~ :: . ·_"·~·¡""·'·"'.·.·'!I.·.·.·i:':':'. t.. ;,_ .. . ~. -~I..'~::1":o:c:u.:...~,=c..,;;..",,1.J.¡.t~,~.CE[;.':~.:~~I"':· , ':1.'" : -.W:,"·' .<~,....:,~.. .J;'':',', ~.:.n .~:~ ~.: ......:~~ ',;.-: f¡'.~'~' ;.:o~;, ,....""... " ,~¡ ';' , Apr 25 2006 23:47 HP LASER JET FAX --~--r- . I .~ú c-ö01 ?40 ~\t ~t is being recorê:d. ;::=:;COIIlpany MORTGAGE RECEIVED 5/16/2006 at 1:21 PM RECEIVING # 918429 BOOK: 620 PAGE: 170 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY THIS MORTGAGE is made on the ~ day of April, 2006, by PNK INVESTMENTS, LLC, a Idaho Limited Liability Company, 250 Brambleberry Drive, Thayne, Wyoming 83127, as 50% owner, and Co-\VB01;' STATE DEVELOPMENT COMPANY, a \Vyoming Corporation, P.O. Box 740, Thayne, ¡v.¡yoming 83127. as 50% owner, together as tenants in common, hereinafter referred to jointly as "Mortgagor". . Mortgagor hereby mortgages to DONALD R. CAFFALL and JUDY W. CAFFALL, TRUSTEES of the Caffall Living Trust dated February 26. 2004, 1701 West 375 South, St. George, Utah 84790, and their successors and assigns, hereinafter referred to as "Mortgagee", certain real property located in Lincoln County, Wyoming. more specifically described belòw, upon the terms and conditions set forth below. Mortgagor, for and in consideration of the sum of FIVE HUNDRED FIFTEEN TIIOUSAND ONE HUNDRED FIFTY-TWO DOLLARS ($515,152.00) lawful money of the United States and other valuable consideration, loaned to'Mortgagor by Mortgagee, evidenced by ! '" ..I a Promissory Note of even date herewith, the receipt or which is hereby confessed and .~.~.J.' J acknowledged, does hereby mortgage to M~rtgagee forever, the following described real property situate in the County of Lincoln, State of Wyoming: That part of the SW1I4 of Section 35, T36N, R119W of the 6th P.M., Lincoln County, Wyoming, described in the exhibit attached hereto, titled '~DESCRIPTION FOR CAROL J. LOVELAND TRACT C". Together with all buildings and improvements thereon, or which may hereafter be placed thereon; all fixtures now or hereafter attached to said premises; all water and water rights. ditches and ditch rights, reservoirs and reservoir rights, and irrigation and drainage rights; and all MORTGAGE PNK INVESTMENTS, LLC I cownOY ST ATE DEVELOPMENT COMPANY I CAFFALL,TRUSTEES PAGE 1 OF 10 '~...................',,,.,.,,,',:. ..,'",-," .~.....,.-:_".."q"~,.. .......A.-.._..........,. , '. '. .. . . ~. .~...;.,--"'.. .-....,,-',.. .,.!,.. "'<-'.. '''''.'.: ,'." ·,·-_.·,···.·.·..'-1':..--'·.-.· . '" ~,....;.,.'.,... Apr 25 2006 23:47 , HP LASER JET FAX p.5 C00171 09184Z3 easements, appurtenances and incidents now or hereafter belonging or appertaining there to; subject, however, to all covenants, conditions, easements, and right-of-way, and to mineral, mining and other exceptions, reservations and conditions of sight andlor of record.· Mortgagor covenants that at the signing and delivery of the Mortgage, said Mortgagor is lawfu1ly seized in fee simple of said property, or has such other estate as is stated herein; has good and laVvful right to mortgage, sell and convey all of said property; and warrants and Will defend the title to all of såid property against all ~awful claims and demands, and that the same is free from all encumbrances., . However, this Mortgage is subject to the express condition that if Mortgagor pays, or causes to be paid, to Mortgagee the sum of FIVE HUNDRED FIFTEEN THOUSAND ONE IDJNDRED FIFTY-TWO DOLLARS ($515,152.00), together with interest at the rate of eight percent (8%) per annum, until paid, aecording to the conditions of the Promissory Note of even date, which Promissory Note was executed and delivered by Mortgagor to Mortgagee, which sum or sums of money Mortgagor hereby covenants to pay, and until such payment, performs all of the covenants and agreements herein to be performed by Mortgagor) then this Mortgage and said note shaUcease and be null and void. Mortgagor further covenants and agrees as follows: 1. Payment. Mortgagor shall pay the indebtedness as herein provided, and the lien of this instrument shall remain in full force and effect during any postponement or extension of . time of payment of any part of the indebtedness secured hereby. 2. Prepayments. Mortgagor shall have the privilege of paying any principal sum or sums plus ac~rued interest, in addition to the payments herein required, at any time without premium or penalty of any kind, and it is understood and agreed that any such prepayment shall MOIlTGAGE PNK INVESTMENTS, LLC / COWBOY ST ATE DEVELOPMENT COMPANY , CAFFALL,TRUSTEES PAGE 2 OF 10 ~.I j·!-¡I;¡¡,t'~lNi!ti1 li¡liliillHli~Q~ j':::~I::::t:t::::: ¡: ~:; Ì'.~'.fi' S .·:~â:' ¡:~:¡:~f:?:f::~i:~ '.,,".j,.!t.~....iIi"'¡" , ,'.._........~..'~.;.,...,...,',.,',._.,...,...... .-~.,-~,.....",""".r:=":.. "-,,c., . ~ ....=..~.__ -'""·14....·_.................·." , c .:>=...o~,.,.......".;-.,..<..,"'~.~.......,'_ :.... ", ._...~ .h ',- ',·'U·..·_'..·~ .','."..... '. '". ,..". .~......",,:..._;. Apr 25 2006 23:47 _,_____.____ __--L-__ HP LASERJET FAX p.6 OS184ZS 000172 be credited first to interest and the balance to principal in the inverse order of when due. 3. Transfer of the Property I Due on Sale. If all or any part of the property or an.y interest herein is sold or transferred by any means by Mortgagor without Mortgagee's prior written consent, excluding the creation of a lien or encumbrance subordinate to this Mortgage or a transfer by devise, descent or by operation of l¡!w upon the death of a joint tenant, Mortgagee may, at Mortgagee's option, declare all the SU~S secured by this Mortgage to be immediately due and payable. Any delay or failure on the part of Mortgagee to demand payment shall not prejudice Mortgagee's right there to. Mortgagee shall have waived such option to accelerate if, prior to the sale or transfer, Mortgagee at Mortgagee's sole discretion, enters into a written agreement with the person whom the property is to be sold or transferred e"-1>ressly consenting to such assumption and setting forth any new terms or conditions of this Mortgage as may be requested by Mortgagee in exchange for Mot1gagee agreeing to an assumption of the this Mortgage. 4. Taxes and Assessments. Mortgagor shall pay all taxes and assessments levied or assessed against said property. 5. Maintenance of Property. Mortgagor shall not commit or pemIit waste, nor be negligent in the care of said prope~, and shall maintain the same in as good condition as at present, reasonable wear and tear . excepted, and ",rill do nothing on or in connection with said ,property which may impair the security of Mortgagee hereunder, Mortgagor shall not càuse or peMit the presence of any hazardous substances, which shall include any substances so declared under Federal or State law, on said property. Mortgagor shall not permit said property, or any . part hereof, to be levied upon or attached in any legal or equitable proceeding, and shall not, except with the consent in writing of Mortgagee, or as is othervdse provided and pennitted in MORTGAGE PNK INVESTMENTS, LLC / COWBOY STATE DEVELOPMENT COMPANY I CAFFALL, TRUSTEES PAGE30FIO ,-..~:-, . ·...';;-'~.:..·_~-.tl....:u;c·.....·.:.t=:...·.'-';':f!'~a~·..c_._..w ~-'_"'''':C~:L:'''. . 'I;~~"""~'!.''''..~,..:",.....' . . , ,<~.,..,~;:t..:.(!.:.,.:"..~.'~II""~'.:o.:.¡-.:.c .~,,,~.r.f~~"'''-J.~,.<I.d.'_.A.-'="'''.''::'4'';''.=\:..:.'~.;,,,,,.,.'. 1. '''_1.'~~''.>~..:_·;:.,: , .,.... ., '-. - t,I.9.'.J.·:" 'I,¡~"":'. '. Apr 25 2006 23:47 _._.___'_. I HP LASER JET FAX p.7 0318429 000173 t1ùs Mortgage, remove or attempt to remove said improvementst or any part thereof, from the premises on which the same, are situated. 6. Insurance. As collateral and further security for tile payment of the indebtedness hereby secured, Mortgagor shall keep the improvements now existmg or hereinafter erected on said premises insured against loss by fire, with extended coverage provisions, to the full insurable value thereof for the term of this Mortgage, and will pay when due all premiums on such insurance. All insUfaD;ce shall be carried,in responsible insurance companies licensed in Wyoming and the policies and renewals thereof shall have attached thereto by rider or otherwise loss payable clauses in favor of Mortgagee. A copy of said policy or any renewal documents pertaining theretò shall be supplied to Mortgagee within 30 (thirty) days after the date of execution of this Mortgage and thereafter within 10 (ten) days of any renewaL of or amendment to such policy. The insurance proceeds. or any part thereof, may, at the option of Mortgagor, be applied either to the reduction of the indebtedness hereby secured or used in reconstruction. In the event of foreclosure of this Mortgage or other transfer of title to the said premises in extinguishments of the indebtedness secured hereby, all right, title and interest of Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. 7. Mortl!agee Authorized to Make Payments. If Mortgagor defaults in the payment of the taxes, assessments or other lawful charges, including any construction loan payments or fails to keep the improvements on said premises insured as herein provided, Mortgagee may, without notice or demand, pay the same, and if Mortgagor fails to keep said property· ill good reparr, Mortgagee may make such repairs as may be necessary to protect the property. all at the expense of Mortgagor. Mortgagor covenants and agrees that all such sums of money so expended, together with all costs of enforcement or foreclosure, and a reasonable attorney fee, MORTGAGE PNK INVESTMENTS, LLC / COWBOY STATE DEVELOPMENT COMPANY I CAFFALL,TRUSTEES PAGE 4 OF 10 'ill~ ,.~.. i.!~;'.~ :i: .i:':/^i:~:i:i;.., .II,".... '~:;~. ~~::~:;:::::*¡i:1 :~;:~~~~:rtl:;:;::::~~ :~ill¡i~fi1m~~~ '. .,........."....... "_,', .....,..,.'..:..',.,.,,, .-, ,..~..._1-<'_~'" UU~'-"'''.·~.....<'-...''_' .'.'. . . '"'' -'" -".~';'I.''':',,=_::..... .:,,,.,...:.:..,.:e......1 ',_ ,", '-".>;T..=o.:.··,::---",-,>,-""~""·....·....-,,,t.."'''''''-,,,-,"-,:¡;';'::_~-1·r "..,~.!..t,~..._...,!,,,,,.,,.,...... . ,,' .:'''_'¡: .,.,....;....,...,"-'... ".:1 Apr 25 2006 23:48 HP LASER JET FAX p.8 091S4Z~ 000174 shall be added to the debt hereby secured, and agrees to repay the same and all expenses so incurred by Mortgagee, V\'Íth interest thereon from the date of payment at the same rate as provided in the note hereby secured, until repaid, and the same shall be a lien on all of said property and be secured by this Mortgage. 8. Defamt. If Mortgagor defaults in the payment of the indebtedness hereby secured, for a period of 30 (thirty) days after written notice, or if Mortgagor removes or attempts to remove any of said improvements contrary !to the provisions of this Mortgage, or in case of ¡ breach of any covenànt or agreement herein contained, the whole of the then indebtedness secured hereby, both principal and interest, together with all other surns payable pursuant to the provisions hereof, shall, at the option of Mortgagee, become immediately due and payable, anytlúng herein or in said note to the contrary"notwithstanding, and failure to exercise the same in a default shall not preclude such exercise in the event of any subsequent default. Mortgagee may enforce the provisions of, or foreclose, this Mortgage by any appropriate suit, action or proceeding at law or in equity, and cause to be executed and delivered to the purchases or purchasers at any foreclosure sale a proper deed of conveyance of the property so sold. Mortgagor hereby grants Mortgagee the power to foreclose by advertisement and sale as provided by statute. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this M0l1gage or afforded by law or equity and may be exercised concurrently:> independently or successively. Mortgagor agrees to pay all costs of enforcement or foreclosure, including a reasonable attorney's fee. The failure of Mortgagee to foreclose promptly upon a default shall not prejudice any right of said Mortgagee to foreclose thereafter during the continuance of such default or right to foreclose in case of further default or defaults. The net proceeds from such sale shall be applied to the 'payment of: flIst, the costs and expenses MORTGAGE PNK INVÈSTMENTS. LI.JC I COWBOY STATE DEVELOPMENT COMPANY / CAFFALL,TRUSTEES PAGE50FIO ~ · , .:.:.:.:.:.:.:.,1...'.·.·,· ,>.' .',':: '_'~'_"'~' .r.·F ....,!.' :..~;.tI.'~':~;-\."'.:..' ':':'~. '·.:.."-.:~·::I·" .;;.-.,.~,,::.;':';-;:.o>, , ,:,;,;,:t;,:t'.'~j'_'_'" '. .';. :-:C;;~':t1H~:·;.·..;..\.:,:::..-.:;'01t,r!.." £..i.l.....~ ";; - ;; '·.i;·..'· '.' ".....,.....1...t>!~;.4.. .: _,~ ,;~-'·.:.~.'1·J\·'·. Apr 25 2006 23:48 ___.__..______.L.-----'-- HP LASER JET FAX p.S 09j.8429 000175 of the foreclosure and sale~ including a reasonable attorney's fee, ~d all moneys expended or advanced by Mortgagee pursuant to the provisions of this Mortgage; second. all unpaid taxes, assessments, claims and liens on said property, which are superior to the lien hereof~ third, the balance due :Mortgagee on acc01mt of principal and jnterest on the indebtedness hereby secured; and the surplus, if any, shall be paid "to Mortgagor. 9. Insufficiency of Foreclosure Proceeds. If the property described herein is sold under foreclosure and the proceeds are insuffici~nt to pay the total indebtedness hereby secured, Mortgagor executing the note or notes for which tms Mortgage is security shall be personally bound to pay the unpaid balance, and Mortgagee shall be entitled to a deficiency judgment. 10. Assignment of Rents. If the right of foreclosure accrues as a result of any default hereunder, Mortgagee shall at once become entitled to exclusive possession, use and enjoyment of all property aforesaî~ and to all rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, and such possession. rents~ issues and profits shall be delivered immediately to Mortgagee on request. On refusal, MOligagee may enforc~ the delivery of such possession, rents~ issues and profits by any appropriate suit, action or proceeding. Mortgagee shall be entitled to a Receiver for said property and all rents, issues and profit thereof, after any such default. including the time covered by foreclosure proceedings and the period of redemption. and without regard to the solvency or insolvency of Mortgagor, or the then owner of said property, and without regard to the value of said property, or the sufficiency thereof 10 discharge the Mortgage debt and foreclosure costs, fees and expenses. Such Receiver may be appointed by any court of competent jurisdiction upon ex parte application. noticebeil1g hereby expressly waived, and the appointment of any such Receiver on any such application without notice is hereby consented to by Mortgagor. An rents, MORTGAGE PNK INVESTMENTS, LLC / COWBOY STATE DEVELOPMENT COMPANY I CAFFALL,TRUSTEES PAGE 6 OF 10 ~j¡mm~iliID: ~j!~\1!¡m¡~i1iill!m- :~/,':- . --';'.: ,~t.!~..:q¡~i'''',i¡~;¡!I ;i:!:" ',,:: ·:<;~.':!~~f ~;. '..;,,~~~ ~~: ~:!I~!:i :..i: "':.1<".' \ :;~ ~ .::~ ~,::::"".: : :~.; ;/~ ~1!'::1 ;"~<;~~';';.i': . . '. :(·:¡~.rl:'!"':;::';':(O::. ·~'!',::'·""~~~~:'!f~'~··'!f~·;E<?;~:~·";:îJ.N-·' ',",,;~ ::;-." '.'. ·''':;'::"::',··_;'~·.:¡~.¡~,"!<WF'· ._ .' . -," '''~'';~¡'.!;~.~;''.....~.: Apr 25 2006 23:48 _ .__, _...L-_ HP LASER JET FAX p.10 091.8429 C00.176 issues and profits, income and revenue of sm? property shall be applied by such Receiver according to law and tbe orders and directions of the court. 11. Inspection. Mortgagee may make or cause to be made reasonable entries upon and inspections of the property J provided that Mortgagee shall give Mortgagor notice prior to any such inspection specifying reasonable cause therefore related to Mortgagee's interest in the property. 12. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the property, or part hereof, or for conveyance in lieu of condemnation, are hereby assigned and· shall be paid to Mortgagor. In the event of a partial taking of the property. unless Mortgagor and Mortgagee otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportions of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair, market value of the property immediately prior to the date of taking, with the balance of the proceeds paid to Mortgagor. If the property is abandoned by Mortgagor. or if, after notice by Mortgagee to Mortgagor that the condemner offers to make an award or settle a claim for damages, Mortgagor fails to respond to Mortgagee witlún 30 (thmy) days after the date such notice is mailed, Mortgagee is authorized to collect and apply the proceeds, at Mortgagee's option, either to restoration or repair of the property or to reduce the sums secured by the Mortgage. Unless :Mortgagee and Mortgagor otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to above or change the amount of such installments. 13. Statement. Mortgagee shall, within ten (10) days upon a request made in person, MORTGAGE PNK INVESTMENTS, LLC / COWBOY STATE DEVELOPMENT COMPANY I CAFFALL.TRUSTEES PAGE 7 OF 10 " -, ..~Ii ,·""'·t'",';"', ~',' "','I:j',:I:I:,;I:;:;:_:'. . '.:' ....:' ,,',',j"""., ·',~i '.".··'<' ....[ :'.' ·\,'i'¡I.'.' -'." " ,_ . " ,;', . ,.",' '"::':~¡'~':'¡'¡''' ~: Apr 25 2006 23:48 _.......__.L-......-.... HP LASER JET FAX p. 11 09~ f:JA.·. ~.',,,, .a.~ (z:ì '-1.....:j 000177 or within thirty. (30) days upon request by mail, furnish a written and duly acknowledged statement of the amount due on this Mortgage and whether any offsets or defenses exist against the mortgage , debt. 14. Notices. Any notices, demands, or requests pursuant to this Mortgage shall be in writing and may be 'served either in person or by, certified mail, return receipt requested. Notice' shall be deemed given when mailed and shall beaddIessed as follows or at such other address as either party may from time to time designate in writing: Mortgagor: Mortgagee: PNK Iinvestments, LLC 2S 0 Brambleberry Drive Thayne, Wyoming 83 127 Donald R. Caffall & Judy W. Caffall, Trustees 1701 West 375 South St. George, Utah 84790 . Cowboy State Development Co. P.O. Box 740 Thayne, Wyoming 83127. 15. Headings. The headings used in this Mortgage are for convenience only and are not to be used in its construction. 16. Binding Effect and Construction. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, devisees, legatees, executors. administrators, successors and assigns ofthe parties hereto. Whenever used the singular number shall include the plural, the plural the singular, and the use of any gender shall inelude all genders, The term. "note" includes all notes herein described if more than one. The tenn "foreclosure" and "foreclose" as used herein, shall include the right of foreclosure by any suit, action or proceeding at law of in equity, or by advertisement and sale of said premises,' or in any other manner now or hereafter provided by Wyoming statutes, including the power to sell. 17. Release. The acceptance by Mortgagee of this Mortgage and the note or notes it MORTGAGE PNK INVESTMENTS, LLC I COWBOY STATE DEVELOPMENT COMPANY I CAFF ALL, TRUSTEES PAGE 8 OF 10 f',:?:,"';',:.',··" \."",' "', "1 ïi.L};~:~'.-:~L~~ ~tji~~ãtW{.~ ¡~:::::!:~:~:f::;¡;~ '!I~.:.:t!'~':'!~:;: :I:' . . . .;-- t,.'ja;o;:.rI;\¡iI:I;~;"'''·;''.I;G''Y;''i.';f~!i:';Y;_~_~ia!L.':I.~i'~~···,''''·;·~.';:"~:;.,'::;~~':~'.;;. ·,-:::,Y:¡¡'/~.'I(.' . - " ~:"".¡,', ._,·';"·L~:';;;:I;':or..c;r:,........,. . . ·:,;::,·<.,.,t;~Iã'7!-i.\.~G.~~~!d,g~'·-N.!::.:!~t:.. ~';:";-',;:. '. '..,": ·;·':·'\~..!1':·".!C':-.':J;;__ -.. ....,., .':.'. ....:.:~.......t.. .,',' Apr 25 2006 23:49 _, .__. _____.L HP LASERJET FAX p. 12 09j ß;.-,Ó ...::.() - . )I{::J .:.~.j C"111"0.' ¡U~· (0 secures, shan be an acceptance of the terms and conditions contained therein. Upon payment of all sums secured by this Mortgage, Mortgagee shall release this Mortgage without charge to Mortgagor. Mortgagor shall pay aU costs of recordation, if any. 18. Waiver of Homestead. Mortgagor hereby relinquishes,and waives all rights under and by virtue of the homestead exemption laws of the State of Wyoming. 19. Incorporation of PromiSSOry Note. This Mortgage is made to secure a debt evidenced by a Promissory Note signed cOllctin:ently herewith, and the terms of said Promissory Note are hereby incorporated herein by reference as if stated herein in full. 20. Joint and Several Liability. The obligations and liabilities of the Mortgagors are joint and several. IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed these presents the day and year first above written. PNK INVESTMENTS, LLC. a Idaho Lirrùted Liability Company B~ PAUL A. SI1VIMONS MANAGER Kf..tv\ btK" ' COWBOYSTATEDEVELOPMŒNT COMP ANY, a \Vyonùng Corporation BY: ~M (}Lt!iUfitJÝ'- SUSAN ANDERSON PRESIDENT ATTEST: /JÆ.¡;iÞ4~ ~EN ANDERSOF VICE PRESIDENT MORTGAGE PNK INVESTMENTS, LLC / COWBOY STATE DEVELOPMENT COMPANY I CAFFALL,TRUSTEES . PAGE 9 OF 10 " ...'. ~;·;,;Da..'D:I3:I:': ;I:!;~J";I.::· ··",":~i;:.£~-:~i::'li.."'¡I'~F!..~h~~·ëo"'·!,;_;'.:·· .:...,~.~}."""".,~~..,..:"",:~,1;: ,..., . ·'·:';':~~,;r. :I. ·1):QX¡;t:i:.;.:.¡.:-:.". ;"'1'. ·1:1~~·~"j_:~~~.;'lr:~",;·rl~·f.a ¡~,~,~: ::::~:,'·'.V,· .', ,I!:~::¡: :-,·:-':1': .·¡t;!.;~ì·,i·f~~'I-"'t..;·, .::.1;.,',;; ~ .:.~..~~ _'~~~;'..';';I.~ ';, Apr 25 2006 23:49 -__._..1 HP LASER JET FAX p.13 C00179 0915J4~t~ ::rJ.~o ST ATE OF W'':iOMIN~ COUNTY OF ~LN ) ) SS. ) ACKNOWLEDGED before me on this; the 2£,11: day of April, 2006, ~~~&-: Simmons, wbo acknowledged further that he signed the foregoing instrument as ~ (. of PNK Investments, LLC, a Idaho Limited Liability Company, acting for and on behalf of said Company pursuant to authority provided to him by the Company's Board of Members. ~~s my hand and official seal. fit.,...· 'i \.. L. Ii ....".. , ~~,.. ..........~~~ , "v .. ,;p" i I ~OT.4.t \~\ æ '*! -e_ J-) ¡ : . *: \ (ft.'. ÞlIBL\c' I \ ~ ... ,. / ..'#/~~o~~jit)n expires: O¿.-/ó( /zo/I #," OF 1-0""':.;' I ( ................ STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before me on this, the a þ day of April, 2006, by Susan Anderson, who acknowledged further that she signed the foregoing instrument as President of Cowboy State Development Company, a Wyoming Corporation, acting for and' on behalf of said Corporation pursuant to authority provided to her by the Corporation's Board of Directors. WITNESS my han~ and official seal. JIU- H. LARSON - NOTARY PUBUC OOUNTY OF SWE OF uNCOLN WYOMING MY COMMISSION EXPIRES JUNE 20. 2007 My Commission expires: ·~¡jd~ ARY PUBLIC 0· e?O';¡O 07 MORTGAGE PNK INVESTMENTS, LLC / COWBOY STATE DEVELOPMENT COMP ANY i CAFFALL, TRUSTEES P 0 OF 10 ',;.:':':1;,:1;,;\'.'1; '.',. ;,;..,.. .', :',.':, 'DIn~ Land~ ... N, ~d"d>d iii....... "0. .,.. "'" A. Schc<tocl '.....,.... No. )11' ...to.. A. Sd.rbt." rlh,þ~_ No. S ". )IVIYOI SOiUli.l. LtD. ."'"-T. Wpoqin..IJIIJ r\-. W....... .'00' ....._..'110 '·øj:::::::::~::~:¡:; . ):;~~;:;:;:~~~:i': .....,......."............ ;' ':.' 'J_!~~~~t;t-",~._ _t·,:,;.,' .'\:;I:~~"If'~.. .... - -,' ·"~I~:,'.:J·:.·.:(..;..¡"o.;;,.,.; '~':~'" "~,~..:__:,,. ;;t:¡:r.~...:.;.._' :.,' I I 1- i·0'() 03'84;ZS DESCRIPTION FOR CAROL J. LOVELAND TRACT C To-wit:-- That part of ~he SW~ of Section 35, T36N, Rl19W, Lincoln County, Wyoming, being part o~ those tracts of record in the Office of the Clerk of Lincoln County in Book 135 of Photostat- ic Records on page 577 and in Book 309 of Photostatic Records on page 118, described as follows: BEGINNING at the southwes.t corner of said SW~, found as de- scribed in that Corner Record filed in said Office; thence NOoo-461-24"E, 961.92 feet, along the west line of said S~A, to a spike; thence NB9°~52'-12"E, 2637.59 feet, to a point ón the'east line of said S~,(; thence SOoo-12'-15"W, 96B.40 feet, along said east line, to the southeast corner of said SW~, found as described i~ that Corner Record filed in said Office; thence N89°-591-16"W, 2647.11 feet, along the south line of said SW~, to the CORNER OF BEGINNING; ENCOMPASSING an area of 58.54 acres, more or less; SUBJECT to easements of sight and of record; Subject to an easement for 'the East Side Canal, an irrigation canal of record in said Office in Book3.65 of 'Photostatic Re- cords on page 116 ; the BASE BEARING for this survey is the west line of the S~A of Section 35, T36N, Rl19W, being NOoo-46'-24"E; each "spike" marked by a 3/8" x 12" steel spike; each "point" referenced by two (2) 5/8~1 x 24" steel reinforcing rods with 21\ aluminum cap inscribed "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 536B",with appropriate' details; all in accordance with the plat prepared to be filed in. the Office of the Clerk of Lincoln County titled, "MARIE ANNA JACKSON AND CAROL J. LOVELAND TRUST PLAT OF TRACTS WITHIN THE SW~ SECTION 3S T36N'Rl19W LINCOLN COUNTY, WYOMING", dated 25 4Jt2¿~ ¡;;;::U~rJ 19 5 cjlovec.des "Modification In any way of the foregoing description terminates liability of the surveyor"