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000266
RECEIVED 9/8/2006 at 4:07 PM
RECEIVING # 922307
BOOK: 633 PAGE: 266
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
ASSIGNMENT OF PROMISSORY NOTE AND MORTGAGE FOR SECURITY
PURPOSES
I
i
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WHEREAS, the undersigned, Rollin gardner and Tami Gardner, husband and wife, hereinafter referred to as Assignors,
are the lawful owners and holders of a promissory note dated August 4, 2006 which is secured by a mortgage dated
August 4,2006 and recorded in Book 629, Page 642, receiving # 921124 of the Real Estate Records of Lincoln County,
Wyoming, which describes and secures the following real estate in said county and state:
See Exhibit A attached hereto and incorporated herein by reference.
WHEREAS, Assignors have borrowed certain sums of money from the Farm C~it Services of Americ,a FLCA and
PCA, hereinafter referred to as "Lender", and said transactions are represented by promissory notes, and
NOW, THEREFORE, in consideration of the foregoing, the undersigned Assignors hereby sell, assign, transfer and
convey to Lender, its successors and assigns, all of Assignors' right, title and interest in, to and under said promissory
note and mortgage described above and owned and held by Assignors, together with the proceeds therefrom, as additional
security for their notes to Lender.
./
Assignors hereby authorize and direct the mortgagor under said mortgage, MB Star Holdings LLC, its heirs, successors
or assigns to make all payments required pursuant to said promissory note and mortgage to Lender in lieu of payment to
the Assignors. All of said amounts, when received by Lender, shall be applied at the option of Lender, in such proportion
as Lender may in its sole discretion deem proper, regardless of whether the terms upon which said amounts are applied
represent principal or interest, or are due or not due. Lender may, at its option, deliver part or all of said amounts to the
Assignors without prejudice to take and retain any future amounts and without prejudice to any of its other rights under
this instrument or any other instrument in connection with said loan. Said assignment shall continue until terminated,
released or re-assigned by Lender.
This assignment shall further constitute a Security Agreement under the Uniform Commerical Code and grant a security
interest to Lender in the above described documents and proceeds as collateral which may be described as including
accounts, contract rights, general intangibles, chattel paper, documents, instruments, money, and other rights to payment,
from the above.
Date: September 7th, 2006
RtL~er'A~~~
(h~ ~hL-
T~i Gardner, Assi n r
STATE OF Wyoming )
) SS:
COUNTY OF Lincoln)
On this"2fi day ofS;Plål1~ ,2006, before me, a Notary Public, personally appeared Rollin Gardner and Tami
Gardner, husband and wife, to me known to be the persons named in and who executed the foregoing instrument and
acknowledged that they executed the same as their VO~Ã act and de,d.
æ3J.~
Notary Public
Assignment ofNGtl.t:and Mtge Gardner erne 8 28 06
S,., '''"';;:::O''''':'::.,;:;~.~;1:.....O>''~
J BRAD W. WlllFO~~ NOTARY PUBLIC
COUNTY OF ' " STATE Of
LINCOLN WYOMING
My Commission Expires Oct. ] 5, 2006
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All of the E~NE~ and all of the E1hSE~ of Section 1, T31 N R 11 9W, Lincoln County, Wyoming,
EXCEPTING the following described tracts: ¡
EXHIBIT "A"
000267
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 TAM I
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 TRAqT", dated 2 August 2006;
Rulon Gardner Tract
All of the land described in the attached exhibit titled, " DESCRIPTION FOR RULON
GARDNER FROM ROLLIN GARDNER AND TAM I GARDNER RULON GARDNER
TRACT", dated 2 August 2006;
Dahlgren/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 a9
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 follolNs:
BEGINNING at an intersection of the westerly right-of-way line of U.S. Highway 89 and the
north line of said Ež!!NEX, S89°-14'~54"W, 90.36 feet from the northeast corner of said
Section 1;
,
,:11' thence coursing said westerly right-of-way line as forlows:
S01°-02'-45"E, 1207.52 feet, to station 555+00 50' RT.;
S01°-06'-441IE, 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 0°-451-
06" with a radius of 11,409:16 feet, to station PT 563-t 75 50' RT.;
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 S89a-02'-11"W, 165.20 f\3et, along the north line ofsaíd tract and parallel with the south
line of said E1hNEX, to the northwest point thereof;
the~c~ 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~NEy.;;
i :
thJnce Na9a -02'-11 hE, 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-at-way line as follows:
SOO'-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 S02a-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.
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at the beginning of a circular curve to the left;
000268
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 angle
of 4°-15'-17", with a radius of1959.86 feet, to a brass cap at station 586+80.0050' RT
JOG;
S77°-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;
'I, thence SOOD-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 S89D-05'-4T'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 831 ~-32'-25"E 368.38 feet, along a southwesterly line of said tract, to a spi~e on the
south line of said E~SE%;
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 S89D_04'~28'W, 212.08 feet, along the north line of said trad, to a point on the west line
of said EY2SE~;
thence NOoo-13'-36"W, 911.39 feet, along said west line, to the northwest corner of the
SE1hSE~ of said Section 1;
'I,' thence continuing NOOO-13'-36"W, 1322.33 feét, to the northwest corner of said E~SE~;
thence NOOD~11'~21"W, 1322.02 feet, along the west line of said E%NE~ to the northwest
corner of the SEXNE% of said Section 1;
thence continuing NOoo-11'~21 "W, 711.58 feet to the southwest point of the above referenced
Russell Gardner Tract;
I _
thence' N89°-14'-54"E, 212.08 feet, along the south line of said tract, to the southeast point
thereof; , ,
the1n6e 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~NEX and along the
south line of the above referenced Reynold Gardner Tract, to the southeast point thereof;
thence NOOD-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 EY2NEX.;
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;
Page 2
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000269
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,- the BASE BEARING for this survey is the north line of the NEX of Section 1, T31N R119W,
being N89"-14'-S4"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 WYPLS '5368", with appropriate details;
each "intersection" and "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8")C 24"
steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TD AFTON
WY PLS 6368", with appropriate details;
1'1
111 , ,
each "pipe" marked by a ~" black iron pipe with a yellow plastic cap inscribed "PE/LS 698";
II'
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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 Offic~ of the Clerk of Lincoln County
titled, "ROLLIN GARDNER AND TAMI GARDNER PLAT OF FAMILY EXEMPT TRACTS AND
BOUNDARY ADJUSTMENT WITHIN THE E~NEX E~SEX SECTION 1 T31N R119W
LINCOLN COUNTY, WYOMING", dated 18 July 2006, as revised.
--- -"-~- ._-----~.~-
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00021'/0
DESCRIPTION FOR
REED H. GARDNER AND VIRGINIA E. GARDNER
REED GARDNER TR.ACT
To-wit: - -
Thàt part of rhc SEY.NEY. of Section I, BIN RI19W, Lincoln County, Wyoming. It
being the imem 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 111 the intersection of the westerly right-of-w~y line oEU.S. Highway 89 and
the south line of said SEY.NEY.. S89°-02' -11 "w. 5 1.55 feet from the southeast corner of
said SEY.NEY.;
thence S89°.02'-1l"W. 175.45 fect, along said south line, to the southwest point of said
"act;
thence NOoo-15'-48"W, 247.00 f~et, parallel with the east line of said SEY.NEY., to the
northwè5t point of said tnetj
thence NS9°-02'-11"E, t65.20 feet, parnJlel with said south line, to a point on said
westerly right-of-way line;
thence 8000-19'.12"E, 16.08 feet, along said westèrly right-of-way line, to station 567+10
50' RT. JOG;
thence S87°.14·~2"E, 10.01 feet, along a jog in said westerly right-oE-wIIY line, to stlltion
567~'IO 40' RT. JOG;
thence 800°·19' ·27"E, 220.27 feet, along said westerly right-of-way line, to the POINT
OF BEGINNING;
ENCOMP ASSING an a.rea of 0.99 I\cre. more or less;
the BASE BEARING for this survey is the north lioe of the NEY. of Section I, T31 N
R119W, being N89°-14'-54"E;
SUBJECT to an easem,enr along the south one (I) rod oftlle above described Reed Gardner
Tract, of record in said Office in Book 293 of Photostatic Records on pag~ 442;
each "comer" found as described in the Corner Record filed or to be fi1ed 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 AFT ON WY .PLS 5368", with
a.ppropriate details;
each "station" marked by 3. 6" x 6" concrete post with brass cap inscribed; "ST A IE
HJGHWAY DEPT. REFERENCE 'MARKER", with appropriate details;
all in accordance with the plat prepared to be filed ill the Office of the CIt::rk of Lincol!!
County titled, "ROLLIN GARDNER AND TAMI GARDNER PLAT OF FAMI'LY
EXEMPT TRACTS AND BOUNDAR ADJUSTMENf WIn-UN THE E~NEY. EY.,SE'.I..
SECTION] T31N,Rp'9W UNCUNTY, WYOMING", dated 18 Ju]y 2006. as
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DESCRIPTION FOR
RUSSELL BURTON GARDNER AND TRISHA GARDNER
FROM ROLLIN GARDNER AND T AMI GARDNER
RUSSELL GARDNER TRACT
To-wit: - -
,
Thatpalt of the Lot 1 (NEV.NEY<) of Section I, T31N Rl19W, Lincoln County, Wyoming',
being all of that tràct of record in the Office (If the Clerk of Lincoln County in Book 422 of
Photostatic Records on page 882 and pan oft118t tract ofre:cord In said Oftice in Book 293
of Photostatic Records on page 442. described as follows: '
BEGINNING at rhe nolthwest comer of said Lot 1;
the:nce SOOO- I I' -2 I "E. 410.80 feet, along the west line: of said Lot I, to the southwest point
of said tract of record in Book 422;
thence continuÎng SOoo-11 '-21 "E, 205.40 fCt:t, 10 a point;
thence: N89°-14' -54"E, 212.08 feet, parallel with the north lint: of SlIid Lot 1, to e. point;
thence NOaa -11' -21"W. 205.40 fect, 10 the southeast point of said tract ill Book 422;
thence continuing NOOO-] 1'-21 "W, 410.80 feet, along the cast line: of said tract, to a spike
at tbe northeast comer thc;reof, on the north line of said Lot 1;
thence S89°-14'-54"W, 212.08 feet, along the nOlth line of said Lot .I, to the CORNER
OF ßEGIN'NlNG;
ENCOMPASSING an area of3.00 acres, more or less;
the BASE BEARING for this survey is the north line of the NEY.. of Section I, DIN
Rl19W, bcing N89°-14'·54"E;
SUBJECT to thIn easernent of ~eord in said Office in Book 160 of Photostatic Records on
page 112 for Papwonh County Road No. [2-145;
each "corner" found as described in the Corner Record filed or to be filed in the Office of
the Clerk of tin coin County;
each "point" marked by ù 5/8" X 24" steel reinforcing rod with a 2" aluminum cap
¡oscribed, "SURVEYOR SCHERBEL LTD AfTON WY PLS 5368", with appropriate
details;
each "spike" marked by 8 3/8" " 12" steel spike refercl1ce:d by a 5/8" x 24" steel
reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TD AFTON
Wy PLS 5368", with appropriute detaÎls;
"Modification in MY way of aha foregoIng description terminates liability of the surveyor"
r66CS88LOC XV.::!
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00021',2
DESCRJPTlON FOR
REYNOLD GARDN,ER AND JENNIFER GARDNER
FROM ROLLIN GARDNER AND T AMI GARDNER
REYNOLD GARDNER TRACT
To·wit: --
,
That part of the LOI I (NEV.NE1.) of Section I, TJ 1 N R I] 9W, Lincoln County, Wyoming:
b~ing part of that tract of record in \hc Office of the Clerk of Lincoln County in Book 293
ofPhotostalic Records on page 442, described as follows:
BEGINNING lil the northeast spike of that tract of record in said Office in Book 422 of
Photostatic Records on page 8K2, on the north Jim; o[snid Lot I, N89G-]4'-54"E, 212.08
feet, from the northwest corner of said Lor I;
thence N89°-14'-54"E, 212.08 feet. olong said north line, to a spike;
thence SOoo-11 '-2 '''E, 410.80 fèct, parallel with the West line of said Lot I, 10 II point;
thence S89"-14'-54"W, 212.08 feet, p4rall~1 with the north line of said Lot 1, to the
southeast point of said trØGt in Book 422;
(hence NOoo-II'·21"W, 410.&0 fect, along the east line of 5tlid tract, to the SPIKE OF
BEGINNING; ,
ENCOMPASSrNG an Ilrea of2.00 acrc:!, more or less;
tbe BASE BEARING for this survey is the north line of the NEV. of Section I, T31N
RI19W, beingN89°-14'-S4"E;
SUBJECT to thaI easement of record in said Office in Book 160 of Photostatic Records on
page 112 tor Papworth Count)' Road No. 12·145;
each "comer" found as described in the Corner Record filed or to be filed in the Oftice of
the Clerk of Lincoln County;
each "point" Inarked by a 5/8" x 24" steel reinforcing rod wirh a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL .LTD AFTON WY PLS 5368", with a.pproprialc
details;
each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/&" x 24" slèel
reinforcing rod with 2" aluminum cap inscribed. "SURVEYOR SCHERBEL LTD AITON
WY PLS 5368", wirh appropriate dc;tails;
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 JUSTMENT WITHIN THE E~NEy.. EY.lSE'1.
~ N RI19W UN l N Y, WYOMING", ,,," " July 2006, "
ugust 2006
"ModJfication in any way at the loregolng description terminÓ\tas liability of Ihe surveyor"
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0002~73
DESCRIPTION FOR
RULON GARDNER
FROM ROLLIN GARDNER AND T AMI GARDNER
RULON GARDNER TRACT
To-wit: - .
.
.
That part of the SEY¡SEY.. of Section I, DIN R119W, Uncoln County, Wyorllins, beÍl1g
part of that trllct of record in the Officf: of the Clerk of Lin.;:oh\ County in Book 293 of
Photostatic Records on page 442, d~scrÎbed as tòl1ows:
BEGINNING at th~ southwest corner of said S'EY.SEY.;
thence NOO··13 '-36"W 410.80 feet, aJong the west line of slIid SEY.SEY..to a point;
thence N89··04' -28"E, 212.08 feet, pllrallel with the south line of said SEY.SEY.. to a
point;
thence SOO·-13'·36"E, 410.80 feet. paflll1el with the west line of said SEY.SEY¡, to 1l point
on sliid sOllth line;
thence SS94-04'-28"W. 212.08 fect, álong the south line of said 5£1.I.SEII., to the
CORNER OF BEGINNING;
ENCOMPASSING àn a.r~a of 2.00 acres, more or less;
the BASE BEARING for this survey is the north line of the NEY. of Section 1, T31N
R119W. beingN89·~14'-54"E;
SUBJECT to an easel'Ilent for Stare Highway 236;
each "eomer" found as described in the Comer Record filed or to be tiled in the Office of
the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod wirh a 2" aluminum C1lp
inscribed, "SURVEYOR SCHERBEL LTD Af'TON WY PLS 5368", with appropriate
detiLil:i;
each "spike" marked by a 3/S" 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 d~tail:ì;
all in accordance with the plat prepared to be filed in the: Office of the CierI< of Lincoln
County titled. "ROLLIN GARDNER AND T AMI GARDNER PLAT OF FAMILY
EXEMPT TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE BlANEY. EY2SEY.
SECTION 1 T31N R1l9W L L COUNTY, WYOMING", dated IS JUly 2006, as
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