The URL can be used to link to this page

Home My WebLink About921124 u j ~ . .at>/) " .;: ~) s 120 o >. ~ ~ ¿. bO'õ § ~;J ~ ~ J::)e~ '" u .... -- C/') :::J .... r.L1 0 1i3" u ~ ¡:: '" ::; r<: "1' ~ :Ë (~.' f-i. . '" '. .- ~ .-c:: u í t-' êi. I \ ~. ¡ \ ' 'j // I 'I ' J' "fA \ r 000642 '"1\ MORTGAGE RECEIVED 8/9/2006 at 4:17 PM RECEIVING # 921124 BOOK: 629 PAGE: 642 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY KNOW ALL MEN BY THESE PRESENTS, that MB Star Holdings LLC, a Utah limited liability company, herein referred to as mortgagor, of 4756 Spring Meadow Circle, Bountiful, UT 84010, to secure the payment of the principal sum of $2,013,000.00, with interest as evidenced by a Promissory Note dated of even date herewith to the order of Rollin Gardner and Tami Gardner, husband and wife, of PO Box 608, Afton, WY 83110, herein referred to as mortgagee, principal and interest payable as follows: In equal semi-annual amortized installments of principal and interest in the amount of $141,636.85 with interest on the unpaid balance from August 4,2006, until paid, at the rate of seven per cent (7%) per annum, payable on February 4 and August 4 of each year beginning February 4 and August 4, 2007, and continuing on February 4 and August 4 of each succeeding year until August 4, 2016, when the entire remaining balance, including principal and accrued interest, shall be due and pa'yable in full. This represents an amortization of $2,013,000.00 over a period of 10 years at 7.00% interest payable in semi- annual installments. All payments made shall be applied first to accrued interest on the unpaid principal balance and then to principal. Prepayments of principal may be made at any time in any amount without penalty. hereby mortgages to mortgagee, the following described real estate, situated in the County of Lincoln, State of Wyoming: All of the E~NEi4 and all of the E~SEi4 of Section 1, T31 N R119W, Lincoln County, Wyoming, EXCEPTING the following described tracts: Reed Gardner Tract All of the lands described in the attached exhibit titled, "DESCRIPTION FOR REED H. GARDNER AND VIRGINIA E. GARDNER REED GARDNER TRACT", dated 3 August 2006; Russell Gardner Tract All of the lands described in the attached exhibit titled, "DESCRIPTION FOR RUSSELL BURTON GARDNER AND TRISHA GARDNER FROM ROLLIN GARDNER AND TAMI GARDNER RUSSELL GARDNER TRACT", dated 2 August 2006; , , Reynold Gardner Tract All of the lands described in the attached exhibit titled, "DESCRIPTION FOR REYNOLD GARDNER AND JENNIFER GARDNER FROM ROLLIN GARDNER AND TAMI GARDNER REYNOLD GARDNER TRACT", dated 2 August 2006; .: ·'i:~:!~f:!¡ii!!¡¡·,· , :: ,¡:;::: ~:¡ :;:::;:1::::::';~: ..¡: ' :~ :~:;>~¡!~!mm~m;;~:~~~~ " ,'",:,:.:.:.:.~.:.:,:«<-" ';!~ji.J~~: ¡~i1J1¡ ,:;:::;:::::::::::;::::::::: ",,,....,.,, !;,;il!"¡;¡ , OOOg43 0:921124 Rulon Gardner Tract All of the land described in the attached exhibit titled, " DESCRIPTION FOR RULON GARDNER FROM ROLLIN GARDNER AND TAMI GARDNER RULON GARDNER TRACT", dated 2 August 2006; , , Dahlqren/Gardner Tracts Those tracts of record in the Office of the Clerk of Lincoln County, Wyoming in Book 283 of Photostatic Records on page 461, and in Book 84 of Photostatic Records on page 25; U.S. Hiqhwav 89 That tract of record in said Office in Book 111 of Photostatic Records on page 529; Being part of that tract of record in said Office in Book 293 of Photostatic Records on page 442, more particularly described as follows: BEGINNING at an intersection of the westerly right-of-way line of U.S. Highway 89 and the north line of said E'~NE%, S89°-14'-54"W, 90.36 feet from the northeast corner of said Section 1; thence coursing said westerly right-of-way line as follows: S01°-02'-45"E, 1207.52 feet, to station 555+00 50' RT.; S01°-06'-44"E, 724.49 feet, to station PC 562+25 50' RT., at the beginning of a circular curve to the right; southwesterly, 149.67 feet, along the arc of said curve through a central angle of 00-45'- 06" with a radius of 11,409.16 feet, to station PT 563+7550' RT.; "i' SOoo-19'-12"E, 316.36 feet, to the northern most northeast point of that excepted tract of record in said Office in Book 293 of Photostatic Records on page 443 (residence and outbuildings) and leave said westerly right-of-way line; thence S89°-02'-11"W, 165.20 feet, along the north line of said tract and parallel with the south line of said E~NE%, to the northwest point thereof; thence SOoo-15'-48"E, 247.00 feet, along the west line of said tract and parallel with the east line of said E~NE%, to the southwest point thereof, on the south line of said E~NE%; thence N89°-02'~11"E, 165.56 feet, along said south line, to a point on the westerly right-of- way line of said U.S. Highway 89; thence coursing said westerly right-of-way line as follows: SOoo-18'-48"E, 1125.12 feet, to station TS 580+63.53 50' RT.; southeasterly, 455.15 feet, along said right-of-way line which is a curve with chord bearing S02°-34'-48"E, and being parallel with and offset fifty (50) feet from the centerline of U.S. Highway 89, which is a spiral curve, to station SC 585+13.53 50' RT. 2 ~ª~:::¡:::::i¡ ~:':~~!~:i~~~:" ;.:;}:::;::~:::::::~"::: ·;!¡;'l;¡~~itl¡!; at the beginning of a circular curve to the left; 000644 if:: .,T)¡ .- u.::J¡<:j 1 v-.JI._ ..............IE"..,·f southeasterly, 25.45 feet, along the arc of said curve through a central angle of 0°-44'- 39", with a radius of 1959.86 feet, to a station 585+39.19 50' RT., continuing southeasterly, 145.54 feet, along the arc of said curve through a central ah'gle of 4°-15'-17", with a radius of 1959.86 feet, to a brass cap at station 586+80.00 50' RT JOG; S7r-56'-16"W, 25.00 feet, to 586+80.00 75' RT. JOG, at the beginning of a circular curve to the left; southeasterly, 169.23 feet, along the arc of said curve through a central angle of 4°-53'- 06", with a radius of 1984.86 feet, to a point on the east line of said E~SEX, and leave said westerly right-of-way line; thence SOoo-20'-39"E, 208.74 feet, along said east line, to the northeast pipe of that tract of record in the Office of the Clerk of Lincoln County in Book 283 in Photostatic Records on page 461; thence S89°-05'-47"W, 514.77 feet, along the north line of said tract, to a pipe; thence S59°-10'-50"W, 403.98 feet, along a southwesterly line of said tract, to a pipe; thence S31°-32'-25"E, 368.38 feet, along a southwesterly line of said tract, to a spike on the south line of said E~SEX; thence S89°-04'-28"W, 447.13 feet, along the south line of said E~SEX, to the southeast spike of the above referenced Rulon Gardner Tract; thence NOoo-13'-36"W, 410.80 feet, along the east line of said tract, to a point; thence S89°-04'-28"W, 212.08 feet, along the north line of said tract, to a point on the west line of said E~SEX; thence NOoo-13'-36"W, 911.39 feet, along said west line, to the northwest corner of the SEXSEX of said Section 1; thence continuing NOoo-13'-36"W, 1322.33 feet, to the northwest corner of said E'Y2SEX; thence NOoo-11'-21 "W, 1322.02 feet, along the west line of said E'Y2NEX to the northwest corner of the SEXNEX of said Section 1; thence continuing NOoo-11 '-21 "W, 711.58 feet to the southwest point of the above referenced Russell Gardner Tract; thence N89°-14'-54"E, 212.08 feet, along the south line of said tract, to the southeast point thereof; 3 " 000645 (I ~Q¡")o--::..f .tI. .,~ .. W 'iJi*~ Ji¡ ~.)I..~" .-~"",'"*t..~~} thence NOoo-11 '-21 "W, 205.40 feet, along the east line of said tract and parallel with said west line, to the southeast point of that tract of record in said Office in Book 422 of Photostatic Records on page 882; thence N89°-14'-54"E, 212.08 feet, parallel with the north line of said E'Y2NE"X and qlong the south line of the above referenced Reynold Gardner Tract, to the southeast point the'reof; thence NOoo-11'-21 "W, 410.80 feet, along the east line of said tract and parallel with said west line, to the northeast spike thereof, on the north line of said E'Y2NE"X; thence N89°-14'-54"E, 807.93 feet, along said north line, to the SPIKE OF BEGINNING; ENCOMPASSING an area of 137.65 acres, more or less; the BASE BEARING for this survey is the north line of the NE"X of Section 1, T31 N R119W, being N89°-14'-54"E; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TO AFTON WY PLS 5368", with appropriate details; each "intersection" and "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TO AFTON WY PLS 5368", with appropriate details; each "pipe" marked by a W' black iron pipe with a yellow plastic cap inscribed "PE/LS 698"; each "brass cap" marked by a 2" galvanized steel pipe with brass cap inscribed, "MARLOWE A. SCHERBEL AFTON WY PLS 5368", with appropriate details; each "station" marked by a 6" x 6" concrete post with brass marker inscribed "STATE HIGHWAY DEPT REFERENCE MARKER", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ROLLIN GARDNER AND TAM I GARDNER PLAT OF FAMILY EXEMPT TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE E'Y2NE"X E'Y2SE"X SECTION 1 T31 N R119W LINCOLN COUNTY, WYOMING", dated 18 July 2006, as revised. including all buildings and improvements thereon or that may hereafter be erected thereon; together with hereditaments and appurtenances and all other rights thereunto belonging, or in anywise now or hereafter appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all plumbing, heating, and lighting fixtures and equipment now or hereafter attached to or used in connection with the premises. n~j¡l~~~~~llim: 4 .::.,:¡~\\\\\\\\\~;\\\'::' 000646 û:*<Q,~,)'-'ii .'Ô .~> "..v --:J p..,,¡¡ j.1. t ...w." ~.......,Ii-"Ó.¡f.~:1" Mortgagor hereby relinquishes and waives all rights under and by virtue of the homestead laws of the State of Wyoming and covenants that it is lawfully seised of the premises, that they are free from all encumbrances and hereby covenants to warrant and defend the title of the premises against the lawful claims of all persons whomsoever. And mortgagor covenants with mortgagee as follows: 1. In case of default in any of the payments stipulated in the note, mortgagor, as further security for this mortgage and the note secured thereby, hereby assigns, sets over, and conveys to mortgagee all rents, issues, and profits from the property. 2. To pay promptly, when due, the principal and interest and other sums of money provided for in said Note and this Mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property. 3. To perform, comply with, and abide by each and every the agreements, stipulations, conditions, and covenants, set forth in said Note and this Mortgage or either. 4. Failure by the mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said Note or the Mortgage accrued or thereafter accruing. 5. Nothing shall be done on or in connection with the property that may impair mortgagee's security hereunder; mortgagor will commit, permit or suffer no waste, impairment or deterioration of the property nor any part thereof, and the property shall be continuously maintained in good and sightly order, repair, and condition by mortgagor at his expense. 6. In case mortgagor defaults in the payment of ground rents, if any, taxes, assessments, water, or other governmental or municipal charges, or other lawful charges as herein provided, mortgagee may without notice or demand pay the same and in case of any failure on the part of mortgagor to comply with the covenants of Paragraph 5 hereof, mortgagee may effect such repairs as it may reasonably deem necessary to protect the property, at the expense of mortgagor. Mortgagor shall repay such sums so paid and all expenses so incurred by mortgagee, with interest thereon from the date of payment, at 6% per annum, and the same shall be a lien on the premises and be secured by the note and by these presents; in default of making such repayments the whole 5 '·:,:·¡~!¡!¡!¡¡!¡¡¡iii:·i·" o9g,~~~17 ~~ I- ~# ~.. ..J~1 ¡11:."..,.¡ ¿i~ amount hereby secured if not then due shall, if mortgagee so elects, become due and payable forthwith, anything herein contained to the contrary notwithstanding. 7. In the event the property is sold under foreclosure and the proceeds are insufficient to pay the total indebtedness secured hereby, mortgagor binds himself personally to pay the unpaid balance, and mortgagee will be entitled to a deficiency judgment. 8. In case default is made in the payment, when due, of the indebtedness hereby secured, or of any installment thereof or any part thereof, or in case of breach of any covenant or agreement herein contained, the whole of the then indebtedness secured hereby, inclusive of principal, interest, arrearages, ground rents, if any, taxes, assessments, water charges, expenditures for repairs or maintenance, together with all other sums payable pursuant to the provisions hereof, shall become immediately due and payable, at the option of mortgagee, although the period above limited for the payment thereof may not have expired, anything herein before or in the note contained to the contrary notwithstanding; any failure to exercise such option shall not constitute a waiver of the right to exercise the same at any other time; and it shall be lawful for mortgagee to proceed to enforce the provisions of this mortgage either by suit at law or in equity, as it may elect, or to foreclose this mortgage by advertisement and sale of the premises, at public auction for cash, according to Wyoming statutes governing mortgage foreclosures, and cause to be executed and delivered to the purchaser or purchasers at any such sale a good and sufficient deed or deeds of conveyance of the property so sold, and to apply the net proceeds arising from such sale first to the payment of the costs and expenses of such foreclosure and sale, including a reasonable attorney fee, and in payment of all moneys expended or advanced by mortgagee pursuant to the provisions of Paragraph 6 hereof, and then to the payment of the balance due on account of the principal indebtedness secured hereby, together with interest thereon and the surplus if any, shall be paid by mortgagee on demand to mortgagor. In case mortgagee fails promptly to foreclose on the happening of any default, it shall not thereby be prejudiced in its right to foreclosure at any time thereafter during which such default continues, and shall not be prejudiced in its foreclosure rights in case of further default. 9. In case of any default whereby the right of foreclosure occurs hereunder and upon mortgagee becoming entitled to possession of the premises according to law, mortgagee shall at once become entitled to exclusive possession, use, and enjoyment of all property, and to all rents, issues, and profits thereof, from the accruing of such right; and such possession, rents, issues, and profits shall at once be delivered to mortgagee on request, and on refusal, the delivery of such possession, rents, issues, and profits may be enforced by mortgagee by any appropriate civil suit 6 Œi¡¡Immjm!i~~~~~ 0'0'2'''$ ~ 11";~ ,-,\! . ...-.:1 :Jø~¿¿~.,tc~.t OOO()4S or proceeding, including action or actions in ejectment, or forceable entry, or unlawful detainer; and mortgagee shall be entitled to a receiver for the property and all rents, issues, and profits thereof, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of mortgagor or the then owner of the property, and without regard to the value of the property or the sufficiency thereof to discharge the mortgage debt and foreclosure costs, fees and expenses; and such receiver may be appointed by any court of competent jurisdiction, and all rents, issues, profits, income, and revenue of the property shall be applied by such receiver, according to law and the orders and directions of the court. 10. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 11. Whenever used herein, the terms "mortgagor" and "mortgagee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations; and the term "Note" includes all the notes herein described if more than one. 12. Upon Mortgagor's prior written request and on the terms and conditions of this Paragraph 12, Mortgagee will grant partial release(s) of the mortgage. Mortgagor's payments on the note and mortgage must be current at the time any partial release is requested. The land to be released shall not be less than 46.33 acres in size and shall be surveyed by a surveyor licensed in the State of Wyoming. Any such parcel for partial release must run the entire length of the property east and west and must begin at the south boundary of the property and be contiguous to any prior portion of the property that has been released. To qualify for a partial release, Mortgagor must pay or already have paid to Mortgagee the sum of $22,000.00 per acre and fraction of acre for the land requested to be released in cash or certified funds. Mortgagor shall pay any and all expenses for such partial release(s), including without limitation, survey expense, title insurance, recording fees, Mortgagor's attorney's fees and Mortgagee's attorney fees incurred in connection with the partial release(s). Mortgagor's additional payments made for partial release(s), if any, shall be in addition to the required semi-annual installments and shall be applied first to any accrued interest on the unpaid principal balance and then to reduce the outstanding principal balance. 7 :~I~¡~; ; , ~ ;: ~:: :::::~ :::;:!:;:::: ':. . : -: : ; :::::::;:::::; ~::::. " . (J¡¡ ,ts :)- ~ Æ: F'~ J!j '" <JI>'8 J!JJ..,'~tq 000G49 IN WITNESS WHEREOF, Mortgagor has executed this Mortgage as of the 4th day of August, 2006. , , MB Star Holdings LLC By cf+t'. ~ Douglas C. Bankhead, Manager STATE OF WYOMING ss. COUNTY OF LINCOLN On this Lj day of August, 2006, before me personally appeared Douglas C. Bankhead, to me personally known, who, being by me duly sworn, did say that he is the Manager of MB Star Holdings LLC, a Wyoming limited liability company, described in and which executed the foregoing instrument; and that said instrument was signed and sealed in behalf of said limited liability company by authority of its members. Given under my hand and notarial seal the day and year first above written in this certificate. AI£~ Jyl &r-~ NOTARY PUBLIC My commission expires: 9- /6 -07 GLORIA K. BYERS. NOTARY PUBUC County 01 ~.> State 01 Lincoln ~ Wyoming My CommIssIon Expires Sept. 15, 2007 8 ~t~I~~~ :::::::::t::N;::~::8 'ili::~::::::~::i;~~\ o DESCRIPTION FOR REED H. GARDNER AND VIRGINIA E. GARDNER REED GARDNER TRACT To-wit: - - That part of the SEY.NEY.. of Section 1, T3IN R119W, Lincoln County, Wyoming. 1't being the intent to more correctly describe that excepted tract of record in the Office of the Clerk of Lincoln County in Book 293 of Photostatic Records on page 443 (residence and outbuildings) as follows: BEGINNING at the intersection of the westerly right-of-way line of U.S. Highway 89 and the south line of said SEY.NEY.., S89°-02' -11 "W, 51.55 feet from the southeast comer of said SEY..NEY..; thence S89° -02' -11 "W, 175.45 feet, along said south line, to the southwest point of said tract; thence NOoo-15'-48"W, 247.00 feet, parallel with the east line of said SEY..NEY.., to the northwest point of said tract; thence N89°-02'-II"E, 165.20 feet, parallel with said south line, to a point on said westerly right-of-way line; thence SOoo-19'-12"E, 26.08 feet, along said westerly right-of-way line, to station 567+10 50' RT. JOG; thence S87°-14' -42"E, 10.01 feet, along a jog in said westerly right-of-way line, to station 567+10 40' RT. JOG; thence SOoo-19' -27"E, 220.27 feet, along said westerly right-of-way line, to the POINT OF BEGINNING; ENCOMPASSING an area of 0.99 acre, more or less; the BASE BEARING for this survey is the north line of the NE Y.. of Section 1, T3 1 N R119W, being N89°-14'-54"E; SUBJECT to an easement along the south one (1) rod of the above described Reed Gardner Tract, of record in said Office in Book 293 of Photostatic Records on page 442; each "comer" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "intersection" and "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "station" marked by a 6" x 6" concrete post with brass cap inscribed: "STATE HIGI-IW A Y DEPT. REFERENCE 'MARKER", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ROLLIN GARDNER AND TAM! GARDNER PLAT OF FAMILY EXEMPT TRACTS AND BOUNDAR ADJUSTMENT WITHIN THE E'l2NEY. EY,SEY.. SECTION 1 T3IN RII9W LINC N UNTY, WYOMING", dated 18 July 2006, as rev~ /// / ~/ /j «/ / prolessional Land SurveyOfS Paul N. Schetbll Wyo. Aegisl/ilÍOtl No. 164 Utah Registration No. 1670 Idaho Regislrahon No. 3990 Nevada Regislf81ion No. 6805 Scan A. Scheibel Wyo. Aegislralion No. 3869 Idaho RegjslfaliOl1 No. 8026 Utah Aegisllalion No. 372 MARlOWe A. SCHERBEl Wyo. Regislralion No. 5368 Surveyor Scherbel. l TO Ahan, Wyoming Big Piney, Wyoming Jackson. Wyoming Lava Hot Springs. Idaho Monlpelier,lClaho oregoing description terminates liability of the surveyor" il~lii] ":. .. . DESCRIPTION FOR RUSSELL BURTON GARDNER AND TRISHA GARDNER FROM ROLLIN GARDNER AND T AMI GARDNER RUSSELL GARDNER TRACT To-wit: - - . . 111at part of the Lot I (NEY<NEY<) of Section I, T3IN RII9W, Lincoln County, Wyoming, being all of that tract of record in the Office of the Clerk of Lincoln County in Book 422 of Photostatic Records on page 882 and part of that tract of record in said Office in Book 293 of Photostatic Records on page 442, described as follows: BEGINNING at the northwest comer of said Lot I; thence SOoo-II'-2I "E, 410.80 feet, along the west line of said Lot 1, to the southwest point of said tract of record in Book 422; thence continuing SOoo-II' -21 "E, 205.40 feet, to a point; thence N89°-I4' -54"E, 2 I 2.08 feet, parallel with the north line of said Lot I, to a point; thence NOoo-II '-21 "W, 205.40 feet, to the southeast point of said tract in Book 422; thence continuing NOoo-II ' -2I"W, 4 10.80 feet, along the east line of said tract, to a spike at the northeast comer thereof, on the north line of said Lot 1; thence S89°-I4'-54"W, 212.08 feet, along the north line of said Lot I, to the CORNER OF BEGINNING; ENCOMPASSING an area of 3.00 acres, more or less; the BASE BEARING for this survey is the north line of the NE'l. of Section I, T31 N RII9W, being N89°-I4'-54"E; SUBJECT to that easement of record in said Office in Book I 60 of Photostatic Records on page 112 for Papworth County Road No. 12-145; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCI-IERBEL LTD AFTON WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TD AFTON WY PLS 5368", with approptiate details; PautN. Sch,ro" Wyo, Regist,alion No. 16" Ulah Regialralion No. 1670 Idaho AeQislfllion No. 3990 NevOId, Regilt/alion No. 5805 Scan A. Scheibel Wyo. Registr.tion No. 3880 Idaho Ai4¡Îstration No. 8026 Utah Re9isllalion No.. 372111 MARLOWE A. SCHERBEl Wyo. RegJSltal10n No. 5368 SUN8yOl Schamel. LTD. A!loo, Wyoming Big Piney. Wyoming Jackson, Wyoming lava Hol Spring$., Idaho MOI\lpe~.r. Idaho all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ROLLIN GARDNER AND TAMI GARDNER PLAT OF FAMILY EXEMPT TRACTS AND BOUND Y ADJUSTMENT WITHIN THE EY2NE'I.. EY2SE'I.. SECTION I 3IN RII9W~UN. 0 COUNTY, WYOMING", dated 18 July 2006, as revis //~'0- al _f:! ' . , / ~J>. ~ I,~ c"~!) .. ~ 1.)..Y .. 9 /, . . .. - .."'; \ ~¿, \ [;1." <1» () j 2 úgust 2006 ) J .r .- .., j ~f1\ /' ,I : D»I ¡¿), I \ ~ - -Qf,a./ / ~OivIlNG _/ Pfoltssional Land Surveyors "Modification in any way of the foregoing description terminates liability of the surveyor" ~mili~i~-, DESCRIPTION FOR 0652 REYNOLD GARDNER AND JENNIFER GARDNER FROM ROLLIN GARDNER AND TAMI GARDNER REYNOLD GARDNER TRACT ,T'¡¡'C), " V ~J >if' >'1 'íi I~..... :JV~;J~¡i~: l$~ .1( To-wit: - - . . That part of the Lot I (NE'/4NEY.) of Section 1, T3IN RI] 9W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 293 of Photostatic Records on page 442, described as follows: BEGINNING at the northeast spike of that tract of record in said Office in Book 422 of Photostatic Records on page 882, on the north line of said Lot I, N89°-14'-54"E, 212.08 feet, from the northwest corner of said Lot 1; thence N89°-14' -54"E, 212.08 feet, along said north line, to a spike; thence SOoo-II' -2I"E, 410.80 feet, parallel with the west line of said Lot I, to a point; thence S89°-14'-54"W, 212.08 feet, parallel with the north line of said Lot I, to the southeast point of said tract in Book 422; thence NOoo-II'-21"W, 410.80 feet, along the east line of said tract, to the SPIKE OF BEGINNING; . ENCOMPASSfNG an area of2.00 acres, more or less; the BASE BEARING for this survey is the north line of the NE'/4 of Section I, T3IN RII9W, beingN89°-14'-54"E; SUBJECT to that easement of record in said Office in Book 160 of Photostatic Records on page 112 for Papworth County Road No. 12-145; each "comer" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TD AFTON WY PLS 5368", with appropriate details; Proleuíonall.nd Surveyor. all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ROLLIN GARDNER AND T AMI GARDNER PLAT OF F AMIL Y EXEMPT TRACTS AND BOUNDARY JUSTMENT WITHIN THE EY2NE'/4 EY:zSE'/4 ~ RI19W LINC Y, WYOMING", dol'" 18 '"Iy 2006, " 2 ugust 2006 P.ulN. Sct\Irbll Wyo. Regiltlalion No. 164 UllhRøgJsltitlion No. 1670 Idaho RegislfsOon No. ::1990 N,"'.da Rtgislralion No. 6805 Scan A. Scherbel Wro. A.gill/alion No. 3889 Idaho Regillrllion No. 8028 Utah Regislfalion No. 372111 MARLOWE A. SCHERBEL Wyo. Ragi.ltalion No. 5368 Surv.yor ScheIbel, LTD. Ahon. Wyoming Big Pinoy. WyomirujI Jackson. Wyoming Lava Hol Sørinos. Idaho Monlpelier, Idaho "Modification in any way of the foregoing description terminates liability of the surveyor" i Prol'"ÌONlland SUN.yor, PAUlN. Scl'lectMol Wyo. RegiWation Nø. 154 IOaho R~¡¡t('líon No. 39iQ Utah fWogiltfilÌOn No. 1670 ~ad& Registralion No. 6i05 Scot! A, Sc:n.rbIIJ WyO. Regi¡lfilliol'l No. 3889 Idaho Registration No. 8026 Ulah Reglall¡ulon No. 374111 &.I.Irto....A.Sch.~1 Wyg. R~Ia;Ir.IJo., No. 53&1 SUf\llyor Sch¡¡rbel, LTD ÁIIon.W~oming Big PinlY. Wyoming J¡dtson, Wyoming Lavl Hot Springs. Iclano Idonlpllier, Idaho DESCRIPTION FOR d;~'Q'>'¡",~ ., '.. '\..JI~.:¡~.;~.., H~.r: ¡'t '"'1~.N...t t:..~~ RULON GARDNER FROM ROLLIN GARDNER AND T AMI GARDNER RULON GARDNER TRACT To-wit: - - , , That part of the SEY.SEY. of Section I, T3IN RII9W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 293 of Photostatic Records on page 442, described as follows: BEGINNING at the southwest comer of said SEY4SEY.; thence NOOO-13' -36"W 410.80 feet, along the west line of said SEY.SEY., to a point; thence N89°-04'-28"E, 212.08 feet, parallel with the south line of said SEY.SEY4, to a point; thence SOoo-13'-36"E, 410.80 feet, parallel with the west line of said SEY4SEY., to a point on said south line; thence S89°-04'-28"W, 212.08 feet, along the south line of said SEY.SEY., to the CORNER OF BEGINNING; ENCOMPASSING an area of2.00 acres, more or less; the BASE BEARING for this survey is the north line of the NEY. of Section I, T3IN R119W. being N89°-14'-54"E; SUBJECT to an easement for State Highway 236; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be tiled in the Office of the Clerk of Lincoln County titled, "ROLLIN GARDNER AND TAMI GARDNER PLAT OF FAMILY EXEMPT TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE EY:lNEY. EY2SEY. SECTION I T31 N RI19W L L COUNTY, WYOMING", dated 18 July 2006, as I "Modification in any way of the foregoing description terminates liability of the surveyor'" Gi~i'j