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Home My WebLink About925392 St.te of Wyoming Space Above ThI. line For Record"" 0111. REAL ESTATE MORTGAGE (With Future Adv.nc. Cle...) 1. DATE AND PARTIES. The dat. of tllla Mortgage is .r. es follows: December 14, 2006 8nd the P8rt1e. 8nd their 8dd....... MORTGAGOR: BEAR RIVER LAND AND CATTLB, LLC 2345 NORTH WOODRUFF IDAHO FALLS ID 83401 o Refer to the Add.ndum which I. 8tt8Ched 8nd incorpor8t.d herein for additional Mortg8gor.. LENDER: ANB Financial N.A. 1315 South Hwy 89 - Suite 103 Jackson, WY 83001-0000 Z. MORTGAGE. For good end v8lu8bl. con.id.rstlon, the rec.lpt 8nd sufficl8ncy of which II scknowledged. 8nd to .scur. the Secured D.bt (her.after d.flned). Mortgegor gr8nts. bergalns, conv.ys, mortg888 and werr8nts to lender. with the pow.r of .81., the following d.scrlbed proparty: SBB BXHIBIT . A' ATTACHBD HERETO AND INCORPORATED BY REFERENCES 00 1 1 ,;.' ,,i't. ":1 j &:;,,;Þ ;i;-' iI nd '''';' Th. property Is loceted in LINCOLN 8t (Countyl TBD . COKBVILLB , Wyoming 83114 (Add....' (Clty (Zip Codel Together wIth ell rights, 88sem.nts. 8ppurt.nønc8s, royalties. mlnerel rights. oil 8nd g811 rights. crops, timber. ell diversion paym.nts or third perty paym.nts med8 to crop produc.rs, end 811 .xisting and future improv.m.nts. structures. fixture., and replac.ments thet m8Y now. or lit 8ny tlm. In the futu'., be part of the r881 estet. de.cribed ebov. (ell ,eferred to .. "Property"'. The t.rm Property also Includes. but I. not limited to, eny end all w81er w.II., w8ter, dltc:he8. ....ervolr.. re.ervoir .l1es end d.msloc81ed on the real estete and all riparian end weter rights 81110clated with the Property, however establi.hed. ~ 0' 183, 200t ...... .,...... Inc., II. CtGud. MN Form AGCo-REst-WY ""12003 _ f/U(¡e 1 of 8) _. A_TUMIJCOI...ClU,1IIAL ØTAft SEc:URITY III~ IIIITfIII_ 1,726 RECEIVED 12/15/2006 at 3:59 PM RECEIVING # 925392 BOOK: 643 PAGE: 700 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY 000700 0925392 3. MAXIMUM OBUGATION UMIT. The totel principal emount of the Secured Debt (hereefter defined) secured by this Mortgage at anyone tlma shall not axceed . 8,125,000.00 . This limitation of amount does not Include interest, loan charges, commltmem fees, brokerage commlaalona, attorneys' feea and other charges validly mede pursusm to this Mortgage and does not apply to advancea (or Intereat accrued on such advancea) made under the terms of this Mortgege to protect Lender's security end to perform any of the covenams contained In this Mortgage. Future advances are contemplated and. along with other future obligetions, ere secured by this Mortgage even though all or part mey not yat be advanced. Nothing in this Mortgage, however, shall constitute a commltmem to make additional or future Ioens or advances In any amoum. Any such commltmem would need to be agreed to In a separate writing. 4. SECURED DEBT DEFINED. The term ·Secured Debt- Includes, but Is not limited to, the following: A. The promissory note(sl. comract(sl. guarantyllea) or other evidence of debt deacrlbed below and all extenslona, renewals, modifications or substitutions. (lNh1lll referencing the debts below it Is suggestrJd that you Include itamssuch l1li borrowlNII' names end eddfØIIses, note principal amounts. commercial revolving loan 8greemllllt's maximum amount, intere8t rates, varieble rate terms. meturity dates. etc.) Note Dated December 14, 2006 In The Amount Of $8,125,000.00 With A Maturity Date Of December 14, 2007 . Said Loan In The Name{e) Of Bear River Land and Cattle, LLC B. All future advances from Lender to Mortgagor or other future obligatlona of Mortgagor to lender under any promissory note, contract, guaranty, or other evidence of debt existing now or executed after this Mortgage whether or not this Mortgage Is specifically referred to In the evidence of debt. C. All obligations Mortgagor owes to Lender, which now exist or may later arise, to the extem not prohibited by law, Including, but not limited to, liabilities for overdrafts relating to any deposit accoum agreement between Mortgagor and lender. D. All eddltlonal eums advanced and exp_es Incurred by Lender for Insuring, preserving or otherwise protecting the Property and Its value and any other surns edvaneed and expens.. incurred by Lender under the terms of this Mortgege. plus Interest at the highest rete in effect. from time to time, as provided In the Evidence of Debt. E. Mortgagor's performence under the terms of any Instrument evidencing a debt by Mongagor to lender and any Mongage securing, guarantying, or otherwise relating to the debt. If more than one person signs this Mortgage a8 Mortgagor, each Mortgagor agress that this Mortgage will secure all future advances and future obligations described ebove thet ere given to or Incurred by any one or more Mortgagor, or anyone or more Mortgagor and others. This Mortgage will not secure any other debt if lender fails, with reapect to such other debt, to make any requlrad dlsclosura ebout this Mortgage or If Lender falls to give any required notice of the right of resciaalon. 6. PAYMENTS. Mortgagor agress to meke all payments on the Secured Debt when due and In accordance with the tarms of the Evidence of Debt or this Mortgage. 8. CLAIMS AGAINST TITLE. Mongagor will pay all tax.., aaaessments. In. encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and tha receipts evidencing Mortgagor's payment. Mortgagor will defend tltla to the Property against any claims that would Impair the lien of this Mortgaga. Mortgagor agrees to assign to lender, .. requested by Lender, any rights. claims or defenses which Mortgagor may have againat parties who supply labor or materials to Improve or maintain the Property. 7, PRIOR SECURITY INTERESTS. With regard to any other mortgage, daed of trust, security agreement or other lien document thllt creatad a prior security Interest or ancumbranca on the Property and that may have priority over this Mortgage. Mortgagor egre88: A. To make all paymems when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notlcas that Mortgagor receives from the holder. C. Not to make or permit any modification or extension of, and not to requast or accept eny future advances under any note or agreement secured by, the other mortgage, deed of trust or security agraemant unless lender consents in writing. 8. DUE ON SAlE OR ENCUMBRANCE. Lender may, at Its opt/on. declare the entire belance of thll Secured Debt to be immedlataly due and payable upon the creation of any lien, encumbrance, transfer, or sale, or comract for any of theae on the Property. Howaver. If the Property Includes Mortgagor's residenea, this section shall be subject to the reatrlctions Impoaed by federal law 112 C.F.R. 691 I, as applicable. For the purposes of section, thll term -Property' also Includes any Imerest to all or any part of the Property. This covenant shall h the Property and shell remain In effect until the Secured Dabt Is paid In full and this Mongage Is released. I5t/5iiiìtJ: 01113.2001 8illlUnlly_Ino.,8I.CIcucI.MN FarmAGCCHlESO,WV 1/1812003 000701 0925392 000702 9. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortglgor Ie .n .ntity other than I nltur.. per.on {such .. · corporation Dr other organizltlonl, lander may dlmand Immedllte payment If {11 a beneflciallntlrest In Mortgegor is sold or transf.rred; {21 ther.ls a chenge In either the identity or number of memban of. partnerahlp or .Imlllr entity; Dr {31 there Is . cheng. In ownership of mora than 25 percent of the voting .tock of I corporation or .Imllar Intlty. How.ver, l.nder may not dem.nd plyment in the .bove .Itultlons If it I. prohibited by law es of the date of this Mortgage. 10.ENTITY WARRANTIES AND REPRESENTATIONS. If Mortgagor I. an entity other than a netural parson {such la a corporation or other organiuttonl. Mortgagor makes to lender the following warrantl.. and r.pr.sentatlons which ahlll be continuing eslong a. the Secured Debt rem8lns outstanding: A. Mortg.gor Is .n .ntlty which Is duly organized and velldly .xl.tIng In the Mortg.gor's .t.t. of Incorporation {Dr orglll'1lzatlonl. Mortgagor is In good .tandlng In 811 states In which Mortgagor transacta buslne88. Mortgagor has the power and IIUthorlty to own the Property and to carry on It. buslnes. as now being conducted Ind, I' Ipplk:abl., I. 1U8/1f111d to do .0 In ..ch state in which Mortgagor operat... B. The execution. dellv.ry and performanca of this Mortga8 by Mortgagor and the obllgltlon evld.nced by the Evidence of Debt ar. within the pow.r of Mortgagor. have been duly IlUthorlzlld. heve recelvlld ell nece..ary gov.rrvnental .pproval. Ind will not violate Iny provl.lon ot law. or order of court or goverrvnental agency. C. Other than disclo8l1dln writing Mortgagor he. not chenged Its I1IIme within the I..t ten y.ars and Ilea not u.1Id any other tred. or fictitious I1IIme. Without lender'. prior written consent. Mortgagor does not and will not UBe any other name and will pr...rve Ita .xl.tlng nlm., trlde nem.. and frlnchlses until the Secured Debt Is satisfied. 11. PROPERTY CONDITION. AlTERATIONS AND INSPECTION. Mortgagor will ke.p the Property In good condition Ind makl all rep.1ra thlt are raasonab/v neees.ary. Mortglgor will glvI L.nder prompt notice of any 1088 or damaga to the Property. Mortg.gor will keep the Property fr.. of noxious weeds .nd gr...... Mortgegor will not inltlat.. join In or consent to any chang. In any private r88trletlve cov.nant. zoning ordlnanca or other public or private re.trlctlon limiting or defining the us.. which may be meda of the Property or any part of tha Property. without lender'. prior written consent. Mortgagor will notify lender of all d.mlnd8, proçeedlng.. cllims. and actions against Mortgagor or any other owner made under law or regulation regarding use. ownership end occupenc:y of the Property. Mortgagor will comply with all legal requirements and restrictions. whether public or private. with respect to the UBa of the Property. Mortgagor also agrees that the nature of the occupancy .nd un will not changl without lender's prior wrltt.n consent. No portion of the Proparty will be removed. demoll.hed or materially altered without lender'. prior written cons.nt exc.pt that Mortgagor has the right to ramoveltems of personal property comprising a part of the Property that become worn Dr obsolete, provided thet .uch personal property Is replaced with other personal property at ....t equal In value to the r.placed peraonal property. fr.e from any tltl. retention devlc., security agreement or other encumbranc.. Such replac.ment of per.onal property will be deemed .ubject to the s8ClJl'lty Interest crlated by this Mortgag.. Mortgagor shall not partftlon or .ubdlvlde the Property without lender'. prior written COI1I.nt. lender or lender'. agents may, at lender'. option. .nter the Property at any r88sonabll tlm. for the purpose of Inspecting the Property_ Any Inspection of the Property .hall be .ntlrely for lender's ben.fit and Mortgagor will In no way rely on lendlr·. Inspection. 12.AUTHORITY TO PERFORM. If Mortgagor fall. to perfonn any of Mortgagor's dutle. und.r this Mortgage. or Iny other mortgage, deed of trust. .acurlty agreement or other lI.n docum.nt that Ilea priority over this Mortgage. lendlr may. without notIc., perform the duties Dr cIUBe them to be performed. Mortgagor appolnta Lender.. attorney In flet to sign Mortgagor's nam. or Ply .ny Imount necessary for performance. If Iny construction on the Property I. discontinued or not carrllld on In a reasonabl. manner. lender may do whatever Is nee.s'lry to prot.ct lender'. ..curity Interest In the Property. Thi. mlY Includ. completing the construction. lender's right to perform for Mortgagor shell not create an obligation to perform. end lender'. failure to perform will not preclude lend.r from exercising eny of lender's other right. under the law or thl. Mortgaga. Any Imount. paid by land.r for Insuring. pres.rvlng or otherwls. protecting the Property and l.nder'. .ecurlty Inter..t will be due on demand and will beer Interest from the det. of the payment until paid In full at the Interest rlt. In Iffect from tlm. to time according to the t.rms of the Evidence of D.bt. 13.ASSlGNMENT OF LEASES AND RENTS. Mortgagor Is.lgns. grant.. bargains. conveys, mortglg88 Ind warranta to lender es eddltlonøl.ecurlty all the right, title and Int.r..t in the following (Proparty). A. Existing or future I...... subl.ases, Ilc.ns... guarøntl88 Ind any other wrltt.n or verbal agreements for the us. end occupancy of the Property. Including but not limited to. Iny extensions. renewal.. modifications or replacem.nta (le..es). B. Rlnta. I..uee and proflta. Including but not limited to, security dlposlts. minimum rant.. percentage rlnt.. additional rente, common ar.a melntenanc. charge., parking chlr,,", r881 ..tlta t.x... other appllc.ble tu... Insurlnce premium contributions. IlquId.ted dem.ge. following default, c.nc.llatlon premium.. "1088 of rlnta- Insurance, U88t recelpte, revenues, royalt.... proceeds. bonus88. eccou contract rights. general intanglbl... .nd all right. and claim. which Mortgagor may hev. thet In any wa to or ar. on Iccount of the use or occupancy of the whol. or eny Plrt of the Property (Rent.). In the event any Item 'lated .. le.... or Rents Is determined to be Y. this As.lgrment will ø/so be regarded a. a ..curlty agr.em.nt. ~ 0 '"3,2001 .....,..........Inc. 51. CkIud, MN FoIm AOCO·".-WY 111 81200 092539~ Mortgagor will promptly provide Lender with copies of the lea... and will c.rtlfy the.. l.es.. 8Ie true and correct copies. The exlatlng Lea.es will be provided on axecution of the As.lgrvnent. and all of the futura Leeses and any other Information with respect to tllesa Lea.es will be provided Immediately aftar they ar. exacuted. Mortgagor may collect. recelv.. enjoy .nd u.. the Rents so long es Mortgegor Is not In def.ult. Mortgagor will not collect In .dvance any Rents due In future I.a.e period.. unle.. Mortgagor first obtalna lend.r'. written cona.nt. Upon default. Mortgagor will receive any Rents in tru.t for l.nder and Mortgegor will not commingl. the R.nts with any other fund.. When L.nd.r .0 dlr.ct.. Mortgagor will endor.. end deliver any paym.nts of Rant. from the Property to Lender. Amounts collected will be .pplled at Lender'. dl.cration to the Secured Debts. the cost. of managing. protecting and pres.rvlng the Property, and other nec....ry .xpense.. MortgeQOr agrees that thl. Security Instrument Is Immediately effective between Mortgagor and Lender. Thl. Security Instrument will remain effectlv. during any .tatutory redemption period until the Secured Debt. are .atl.fied. Unle.. otherwl.e prohibited or pre.cribed by .tat. I.w. Mortg.gor agre.. that Lender may t.ke actual IOII.es.lon of the Property without the nece..ity of commencing any legal .ctlon or proceeding. Mortgegor agree. that actual pOl.a..lon of the Property I. deemed to occur when Lendar notifies Mortgagor of Mortgegor·. default and demend. that Mortg.gor and Mortgagor'. tenant. pay all Rent. due or to become due directly to lender. Immediately after Lender giv.. Mortgegor the notice of d.fault, Mortgagor agrees thet either lender Of' Mortgagor may Immediately notify the t_nt. and demand that 1111 futura Rents be paid directly to Lender. A. long as thl. AaslgMlent I. In effect. Mortgegor warrants and represent. th.t no default exl.t. under the l...e.. .nd the partie. .ubject to the leases have not violated any applicable law on leuas. licenses and landlords and tenant., Mortgagor. at It. .ole coat end expens.. wßl ke.p, observe and perform. and require all other partie, to the Lea... to comply with the leases and any applicable law. If Mortgegor or any party to the Leese default. or falls to obs.rve any applicabl. law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the term. of the leases, then Lender may. .t lender', option. .nforce complianc.. Mortgagor will not .ubl.t. modify, ext.nd. canc.I, or otherwl.. alter the lea.... or acc.pt the surrender of the Property covered by the lea... (unles. the leas.. .0 require) without lender', consent. Mortgagor will not a../gn. compromis., .ubordinate Dr encumber the Lee... and R.nt. without Lender'. prior written consent. Lender do.. not _ume or become lI.ble for the Property'. maintenance, depreciation. or other 100.es or demages when Lender acts to manage, protect or pre,erve the Property. exc.pt for 10.... and damage8 due to Lender'. gross negllg.nce or intentional torts. Otherwl.e, Mortgagor will indemnify l.nder and hold Lender harm Ie.. for aJlliablllty, 101. or damage that Lender may incur wh.n Lender opt. to exercl.e any of its remedias ag.lnst .ny party obligated under the Les.... 14.CONDOMINIUMS: PLANNED UNIT DEVELOPMENTS. If the Froperty includes a unit in a condominium or a plenned unit development. Mortg.gor will perform .11 of Mortg.gor'. dutl.. under the covenants, by-law., or regulations of the condominium or planned unIt development. 1 5. DEFAULT. Mortgagor will be In d.fault If any of the following occur: A. Any party obligated on the Secured Debt fall. to make paym.nt when du.; B. A br.ach of any term or cov_nt In this Mortgage. any prior mortgege or any construction lo.n agreement, ..curlty agreem.nt or .ny othar document .vldenclng, guar.ntylng, .eewlng or otherwise relating to the Secured D.bt; C. The m.king or furnl.hlng of .ny verbel or written representation, .tatem.nt or warr.nty to Lender that I. f.lse or Incorrect In any material re.pect by Mortgagor or .ny person or entity obllgeted on the Secured D.bt; D. The death, di..oIutlon. or Insolvency of, appointment of a recelvar for, or application of any d.btor relief law to, Mortgagor or any person or .ntity obllgeted on the Secured Debt; E. A good faith bell.f by lendar at any time that lender I. lna.cur. with respect to any person or .ntity obligated on the Secured Debt or that the pro.pect of any paym.nt Is impaired or the value of the Property I. impaired; F. A material adverse change In Mortgagor'. business including ownership, managem.nt, and financial conditions, which Lendar In It' opinion believes Impairs the v.lu. of the Property or repaym.nt of the S.cured Debt; or G. Any lOIn proceed. are u.ed fOf' a purpo.e thet will contribute to .xc...ive .rOllon of highly .rodlble I.nd or to the conversion of wetland. to produc. an agricultural commodity, aa further .xplalned In 7 C.F.R. Part 1940, Subpart G. exhibit M. 18. REMEDIES ON DEFAULT. In .om. Iostanc.., f.deral and .tat. law will require Lend.r to provide Mortgagor with notlc. of the right to cura, mediation notlca, or other notices and may establl.h time .chedule. for for.clOlure actions. Subject to thea.limltatlons, If .ny. Lender may .cc.lerate the Secured Debt and foreclose thl. Mortgaga In. maMer provided by I.w If thl. Mortgagor Is in default. At the option of Lend.r, .11 or any part of the agreed f... and charg... accrued intere.t and principal shall become Immedi.tely due .nd payabl., after giving notlc. If required by law, upon the occurrence of a default or anytime ther.after. In edditlon, Lender ,hall be .ntitled to.1I the remedies provided by law, the Evldenc. of Debt, other .vid.nce. of d.bt. thl. Mortgage and .ny r.lated documents Including without 11m Itatlon, the power to .ell the Property. All remedl.. .r. dl.tlnct, cumul.tiv. and not .xclusiv., and the Lend.r i. entitled to all r.medlae provided at law or equity, whether .xpres.ly .et forth or not. The acceptance by Lender of .ny Bum In PI! or partl.1 paym.nt on the Secured D.bt .fter the balanc. Is due Of' i. .ccelarated or after foreclOlure proceedl ar iled .hall not constitut. a waiver of Lend.r'. right to require full and complete cure of any existing default. no ng any rem.dy on Mortgagor', d.fault, Lendar do.. not waive Lender', right to later consld.r the event a e If it co tlnu.. or happens .galn. ~ O...3.2001_S.--.......,.CIoud.MN F.....AGCD-ftfl/l-WY 111eJ2003 000703 ·0925392 17.EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COUECTlON COSTS. Except when prohibited by law, Mortgagor IIfH8 to pay ell of Lender'l expenlel If Mortgagor breeches any covenant In this MortgIIge. Mortgegot will allo pay on demand all of Lend.....1 expenses incUlTed In collaetlng, Insuring, prllMl'Ylng or protecting the Property or In any Inventories, audltl, Il1Ipectlons or other examination by Lender In relpect to the Property. Mortgagor agrees to pey all COltl and expel1lel incurred by Lender In enforcing or protecting Lender'l rlghtl and remedlel under thle Mortgaga. Including, but not limited to, attomeyl' f_. court cOlts. end other lagel exl8t1lel. Once the Saeured Debt II fully and fInally paid. Lender .ør- to relalle this Mortgege .nd Mortgagor agr_ to JIIIY for any record.tlon COlts. Allluch .mounts ere due on demn and will bear Interest from the time of the .dv.nce at the highest r.te In effect, from time to time, al provided In the Evidence of Debt and al permitted by law. 18. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. AI Uled in thlllectlon, 111 "environmental Lew" mllns, without limitation. the Comprehellllve environmental Respol1le, Compelllatlon and Uebillty Act ICERCLA. 42 U.S.C. 9601 at 18q.I. all other feder.l. Itete end 1oc.II.WI, regulations, ordlnancea. court ordarl, ettorney general opinions or Interpretive letterl concerning the public health, lafety, welfare. envlrorvnent or a hezardoul lubetlnc8: and 121 "Hazardoul Substance" means any toxic, racliOlctlve or hazardOUl meterl.l. welte. pollutant or contaminant which has characterlltlcl which render the lubetance cIIIngafou$ or potentially dangerous to the public he.Ith, latety, welfere or environment. The term Includll, without limitation, any lubetancel defined al "ha¡erdoul material.' "toxic lubstancll,- "hazardOUl welte" or -haZardOUllubetance" under.ny environmental Law. Mortgagor raprelents, warrants end agre.. that, except eI prevloualy dllCloled and acknowledged In writing: A. No HazardoUl Substance has been, ii, or will be located, tral1lported. manufactured. treated, refined. or handled by any person on. under or about the Property, except In the ordinary course of bull...... and In atrlct comp/lance with all applicable Envlronmenta' Law. B. Mortgagor has not end will not caUle, contribute to, or permit the releele of any Ha¡an/oUI Substance on the Property. C. Mortgagor will Immediately notify Lendar If 111 a release or threltened relaese of Hazardous Substance OCCutll on, under or about the Property or migrates or threatens to migrate from neerby property: or 121 there la a violation of any Environmental Law conçemlng tha Property. In luch an avant. Mortgagor will take all necellary remedial action In accordance with Environmental Law. D. Mortgagor has no knowledga of or ra..on to believe there Is any pending or threetened Inveltlgatlon. claim, or proceeding of any kind relltlng to 11 I any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any environmental Law. Mortgagor will immediately notify Lender In writing al aoon eI Mortgagor has rlllon to believe there II any luch pending or threatened Investigation, claim, or proceeding. In auch an avent, Lender hal the right, but not the obligation, to participate In any luch proceeding Including the right to receive copiea of any docum.nta relating to luch proceedlnge. E. Mortgagor and every tenant heve been, are and lhall remain In full comp/lance with any applicable EnvlroMlental Law. F. Thera are no underground Itorage tanks, prIvete dumps or open wells located on or under the Property and no auch tank, dwnp or well will be added unless Lender first consents In writing. G. Mortgagor wUI regularly Inspact the Property, monitor the activities and operations on the Property, and confirm thet all permltl, lleel1les or approvals required by any appllcabla Envlronmenta' Law are obtained and comp/lad with. H. Mortgagor will permit, or cause any tensnt to permit, Lender or Lander'l agent to enter and il1lpect the Property and review all raeordl at any realonable time to determine 111 the existence, location and nature of any HazardOUl Substance on, under or ebout the Property; 121 the existence. location, nature, and magnitude of any Hazardoua Substence that has been rel.ased on, under or about the Property; or 131 whether or not Mortgagor and any tenant era In comp/lance with applicable environmental Law. I. Upon Lender's requllt and et any time, Mortgagor agreel, at Mortgagor'l expel1le. to engage a qualified environmental engineer to prepare en environmental audit of the Property and to lubmlt the r8lulg of luch audit to Lender. The choice of the anvironmental engineer who will perform such audit Is lubJect to Lender's approval. J. Lender hal the right, but not the obligation, to perform any of Mortgagor'1 obllgatlona under thla section at Mortgagor's expel1le. K. AI a consequence of eny breach of any representltlon, warranty or prom lie made In thllsectlon, 11 Mortgagor will indemnify and hold Lender and Lender's IUCC8l8orS or alligns harml818 from and against all 101181, claims, demlndl, liabilities. damag8l, cleanup, response and remediation COlts, penaltlel and expenses, Including without limitation all COStl of litigation and attorneY" fees, which Lendar and Lender's sucClIsors or alllgns may sUltaln: and 121 at Lender'l dllcratlon, Lander may ralease thil Mortgage and In return Mortgagor will provide Lender with collateral of at lellt equal value to the Property lecured by this Mortgage without prejudice to any of Lender'1 rlghtl under this Mortgege. L. Notwithatandlng any of the language contelned In thll Mortgage to the contrary, the terms of this section shall lurvlve any foraelosure or satisfaction of this Mortgage regardle.. of any Jlllllage of title to Lender or any dlllOlitlon by Lander of eny or ell of the Property. Any claims and datenses to the contrary are hereby waived. 19.CONDEMNATION. Mortgagor will give Lander prompt notlca of any action, real or threataned, by private or public entities to purchale or take any or all of the Property, Including any easements, through condemnation. eminent domain, or any other means. Mortgagor further agrees to notify Lender of any proceedings Instituted for the eltablllhment of any lewer, wlter, conservation, ditch, drelnage, or other district relating to or blndl the Property or any JIIIrt of it. Mortgagor authorlzel Lander to Intervene in Mortgagor's name In any of the Icrlbed actions or claims and to collaet and raeelve allsuml relulting from the ectlon or claim. Mortgagor as er the proceecla of any awerd or claim for damages connected with e condemnation or other taking of all of t Property. Such proceeds ahall be considered JIIIymentl and will be applied as provided In this Mortga his IlgM! nt of proceecla Is subJaet to the terml of any prior mortgage, deed of trult, security agreement or other ~ O'H3.200'.......__.......St.CIaud,MN 'onnAGCCl-MSI-WY '"1/2003 000704 0925392 20. INSURANCE. Mortgagor agrees to maintain insurance as follows: A. Mortgagor ahall keep the Property Insured against loss by fire, theft and other hazards and risks reesonably associated with the Property due to Its typa and location. Other hazards and rlaks may include, for example, coverage agelnst loss due to floods or flooding. This Insurance shall be maintained in tha amounta and for the perloda that Lender requlrea. What Lender requires pursuant to the preceding two sent.nces can chenga during the t.rm of the Secwed D.bt. The Inswanc. carrier providing the Insuranc. ahall be chosen by Mortgagor aubject to L.nd.r'a epproval, which shell not b. wveesonably withheld. If Mortgagor falla to maintain the cov.rage d.acrlbed above, L.nd.r may, at Lender'a option, obtain coverage to protect Lender's rights In tha Property according to the terms of this Mortgag.. Alllnsuranc. pollcl.s and renewals shell be acc.ptabl. to Lender and shall Include a standard -mortgage claus.- and, where appllcabl., - r.nder loss pay.. claus.. - Mortgagor shall immediately notify Lender of cancellation or termination of the insuranc.. Lender ahell hev. the right to hold the policies .nd r.newals. If L.nder requires, Mortgagor shell Immedlat.ly give to Lender .11 r.c.ipts of paid premiums and renewal notices. Upon lOIS, Mortgagor shall give Immediate notlc. to the Insurance carri.r and Lend.r. L.nder may make proof of losa If not mad. Immediately by Mortgagor. 000705 Un/ess Lend.r and Mortgagor otherwlsa agree In writing, Insurance proceeds shell be applied to restoration or repair of the Property damaged If the restoration or r.palr is economically feasible and Lend.r's security Is not I....ned. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the Insurance proceeds ahaH be applied to the Secwed Debt, whether or not then due, with any excess paid to Mortgagor. If Mortgagor abandons the Property, or doea not answer within 30 days a notice from Lender thet the Insurance carrier hea offered to a.ttle a claim, then L.nder may collect the insurance proceeda. Lender may use the proceeds to repair or rØlture the Property or to pay the Secured Debt whether or not then du.. The 30-day period will begin when the notice is given. Unleas Lender and Mortgagor otherwlae agree In writing, any application of proceeds to principal ahell not extend or postpone the due date of acheduled paymenta or change the amount of the paymenta. If the Proparty Is acquired by Lend.r, Mortgagor'a right to any Insurance policlØl and proceeds r.sultlng from damage to the Property before the acquisition shall paIS to Lendar to the extent of the Secured Debt Immediat.ly bafore the acquisition. B. Mortgagor agrees to maintain comprehenslva general liability Insurance naming Lender as an additional insured In an amount accaptabl. to Lender, lnauring against claims arising from any accident or occurrence In or on the Property. C. Mortgagor agrees to maintain rentalloas or buslnesa Interruption Insurance, as required by Lender, In an amount aqual to at le..t coverage of one y..r's debt service, and required escrow account deposita (if agr.ed to aeparately In writing), under a form of policy acceptable to Lender. 21.NO ESCROW FOR TAXES AND INSURANCE. Unless otherwlae provided In a separate agr.em.nt, Mortgagor will not be required to pay to Lender funds for taxes .nd Insurance In eacrow. 22. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statam.nt or Information Lender may d..m necessary. Mortgagor w.rranta that all financial stat.m.nta and information Mortgagor provides to Lend.r are, or will be, accwat., correct, and complete. Mortgagor agr.es to sign, deliver, and fll. aa Lender may reesonably requøat any additional documents or certifications that Lender may consider necessary to parfect, continue, and preserve Mortgagor'a obligations under this Mortgag. and Lender's Ii.n status on the Property. If Mortgagor fails to do so. Lend.r may sign. deliver, and file auch docum.nts or certiflcat.s In Mortgagor's name and Mortgagor hereby irrevocably appointa Lender or L.nd.r's ag.nt as attorney In fact to do the things nec.ssary to comply with this .ectlon. 23. JOINT AND IIIDIVIOUAL UABIUTV: CO-810NERS: SUCCESSORS AND ASSIGNS BOUND. All duties und.r this Mortgage are lolnt and Individual. If Mortgagor signs this Mortgage but does not sign the Evidenc. of Debt, Mortg.gor does 10 only to mortgage Mortgagor'a Inter.st In the Property to secure payment of the Secured D.bt and Mortgagor do.. not agr.e to be pansonelly liable on the Sec\nd Debt. Mortgagor agrees that Lender and any party to this Mortgag. may ext.nd. modify or make any chang. In the terms of this Mortgage or the Evldenc. of Debt without Mortgagor's cons.nt. Such a cheng. will not r.I.... Mortgagor from the terms of this Mortgag.. The duties and benefits of this Mortgag. .hall bind and benefit the SUCC.lsors and aSllgns of Mortgagor and Lender. If this Mortgage s.cur.s a guaranty betw.en Lend.r and Mortgagor and does no guarantied, Mortgagor agreØl to waIve any rights thet may prevent Lend om Mortgagor or any party Ind.bted under the obligation Including. but not II ÍId to, tly secure the obligation which is nglng any action or claim against l-deflcl.ncyor one-action laws. ~ 0 "13. 200\ ....... '_.Inc. St. Cloud. IAN Fonn AGCO-lU!S-WV 1/11/2003 (plltJtI 6 of BJ 0925392 24.APPUCABLE LAW; SEVERABILITY; INTERPRETATION. This Mortgage Is governed by the laws of the Jurisdiction In which Lender Is located, except to the axtant otherwise required by the laws of the jurisdiction where the Property Is located. Thla Mortgage Is complete and fully Integrated. This Mortgage may not be amended or modlfled by oral agraement. Any .ectlon Dr clausa In this Mortgaga, anaclment., or any egraement related to the Secured D.bt that conflict. with applicable law will not be effective, unI... that lew expr...ly or Impliedly permlw the vsrletlons by wrlnen agreement. If any section or clause of this Mortgage caMOt be enforced according to its tarm., that section or clsuse will be .evered and will not affect the enforceability of the remainder of tItI. Mortgage. Whenever used. the .Ingular .hall Include the plural and the plural the .Ingular. The captions and heading. of tha .ections of thl. Mangage ar. for convenience only and are not to be used to Interpret or deflne the term. of thI. Mangage. Time is of the ...ence in thl. Mortgage. 25. NOTICE. Unl... otherwise required by law, any notice .hall be given by delivering it Dr by m.lllng It by first claaa mall to the epproprlst. party'. addr... on page , of thl. Mortg.ge. or to any other addr... de.lgnated In writing. Notlca to one mortgsgor will be deemed to be notice to all mortgsgors. 28. WAIVERS. Except to the extent prohibited by law. Mortgagor waive. any right regsrdlng the msrshalllng of liens and ....w and all hom..tead exemption rights relating to the Property. 27. U.C.C, PROVISIONS. If checked, the following ar. applicable to, but do not limit. thl. Mortgage: o ConatNotIon Loan. Thi. Mortgage .ecure. an obllg.tlon Incurred for the construction of sn Improvemant on the Property . o FIxture FIling. Mortgagor grants to Lender a .ecurity Intereat In all good. that Mortgsgor owns now or In the future and that ere Dr will become fixtures releted to the Property. o ero.-; 11mb«; Mine,...; Ranta, Iea...a and Proftta. Mortgagor grsnt. to Lander s .eourlty Inter..t In all ero.-. timber and miners" located on the Property a. wall a. sll rents, i..II8\I. and proflw of them Including, but not limited to, sll Coneervatlon Reaerve Progrsm ICRP snd Payment In Kind IPlK peymant. and .lmllsr governmental program. lall of which .hall also be Included In the term "Proparty". o panonøl Property. Mortgagor grant. to lender s .ecurity Intere.t in 811 personal property located on or connected with the Property. This .ecurity Intar..t Includea sll f.rm product., Inventory. aqulpment. eccount., documents. Instruments, chanel peper, genersl intangible.. and all other item. of personal property Mortgagor owns now or In the future and that sre u.ed or useful In the construction. ownership, operation. management, or maintenance of the Property. The term "pereon.1 property· .peclflcally exclude. thet property d..crlbed .. "household goods" .ecured In connection with a "consumer" loan.. tho.e term. ara defined In applicable fedarsl reguletlona governing untslr snd deceptive credit practicea. o FiUng A. ","-Ing Statement. Mortgagor sgree. sod so knowledge. that thl. Mortgage al.o .ufflce. .. a financing .tatement and I. .uch. mlY be filed of record s. a financing statement for purpos.. of Article 9 of the Uniform Commerclel Code. A clrbon, photographic. Imsge or other reproduction of this Mortgage Is .ufflclent a. a financing atatement. 28. OTHER TERMS. If checked, the following ara Ipp/icable to thl. Mortgsge: o Una of Credit. The Secured Dabt Includ.. a revolving line of credit provl.lon. Although the Secured Dabt mlY be reduced to a zero balance, this Mortgage will remain In effect until released. o Separate Aøølgnment. The Mangagor has executed or will axacute I .8IIIrate a..lgrwnent of I..... and rents. If the .8IIIrate a..lgrwnent of I..... and rants I. properly executed snd recorded. then the ..parlt. a..lgnmant will supersede thl. S.cuity Instrument'. "A..lgnm.nt of La.... snd Rents" ,eçtion. o AdIItIonel Tenn.. ~ OIl83,200l_.._I.....St.CIoud,MN 'ormAOCO<Œ8I-WV 111- (p-f/- 7 of 81 000706 0925392 SIGNATURES: By .ignlng below. Mongegor .grees to the term. and covanentl eonteined In this Mortgage end In eny attachments. Mortgagor also aCknowledges receipt of e copy of this Mortgage on the date atated above on Page 1. o Actual authority waa granted to the perti.. signing below by resolution algned and dated AlII) CATTLB LLC Endty N....: ~ ';/ I§lQnllUN) - DARJ:BL A S D, JIARNiIJŒ. fot'··"y·~ O.tol (O.to, 1$/_' (Ootol ISlgnotural IDatol o Refer to the Addendum which Is attached end Incorporated herein for additionel Mortgagors, algnetures and acknowledgments. ACKNOWLEDGMENT: r", STATE OF V ........... Thia Instrument waa aek c -.......SP-" ,.~01\N.;.{9~ ~:n uplrea: I*~~ : . '. ~! : -. ~ ¡ - : ø' ~û .: '; ~.. lJLICI *' : ~.. ." ':. '1";. '. ....: ...... :¡;. ......... 0 ",,,,,,, ~.I'" OF ID ~ ~ ~"""", '............."" ~ STATE OF -:J;) A IJt; . COUNTY OfJJ.. This lnetrument wea aeknowledgad before me this 1"1/7) ~t1~~~ by DLLY JAYClI IIO'IIBLL. DANrBL A SCIIWAB - a ..- _.of a My commiasion expires: } sa. r/t Zdf/ ' lI""··n,,,, ."". \OHN ... ',..,~ .., ~t;~ ~ " I./NO 0\ : 1'.ft ~ : I -fop,.... : : : " ~..: .. ..,ò ".,... .. :~.. û I: \7~'" lil.IC l.. ¡ ~ ......~ e. ._.:- ~ V' 0 .......... ....' '....,., po ID Å ~ 0,,,,,""" '.",......." ~ 0'.13. 200' ....... _ 'ne.. ". e'..... UN F.... AGCO-Rl!8/·wv ''''12003 (page 8 of 8/ 000707 ---------~ 000708 0925392 Township 23 North. RanQe 117 West. 6th P.M.. Lincoln County. WyominQ: Exhibit "A" Section 5 - NW1/4SW1/4, SE1/4SW1/4 Section 6 - Lots 10,11,12,13,14,16,18,19, S1/2NE1/4 (Less parcel deeded to Zebre at Book 119PR, Page 461) Section 7 - Lots 7,8,9,13,14,15, SE1/4NE1/4, N1/2NE1/4 Section 8 -NE1/4NE1/4, SW1/4NE1/4, W1/2SE1/4 Section 9 - SW1/4NW1/4 Section 17 - NE1/4NW1/4, N1/2SW1/4 Section 18 - Lots 5, 7, 8, 9, 10, 11, 12, 13, SW1/4NE1/4, NE1/4SE1/4 Section 19 - Lots 13, 15 Section 20 - NW1/4SW1/4 Section 22 - SW1/4SW1/4 Section 23 - SW114SW114 Section 26 - NW1/4NW1/4, SW1/4NW1/4 Section 27 - SE1/4SW1/4 Section 28 - NW1/4NE1/4, NW1/4NW1/4 Section 29 - S1/2NW1/4 Section 30 - Lot 10, S1/2NE1/4 Section 32 - NE1/4SW1/4, SE1/4NE1/4 Section 33 - NW1/4NE1/4 Section 34 - NW1/4SE1/4, NW1/4SW1/4 Section 35 - SW1/4NW1/4 Township 23 North. RanQe 118 West. 6th P.M.. Lincoln County. WyominQ: Section 1 - Lots 5, 6, 7, S1/2NE1/4, N1/2SE1/4, SW1/4SW1/4, SE1/4SE1/4, SW1/4SE1/4 (Less parcel deeded to Zebre at Book 119PR, Page 461) Section 2 - Lots 5, 6, SW1/4SE1/4, SW1/4NE1/4, NW1/4SE1/4 Section 4 - Lots 5, 6, 7, 8, SW1 14NW1 14, S1/2SW1/4, NW1/4SW1/4 Section 5 - Lot 5 Section 8 - SE1/4NE1/4, E1/2SE1/4 Section 9 - NW1/4NW1/4, N1/2SW1/4, SW1/4SW1/4 Section 11 - SW1/4NE1/4, NE1/4SE1/4, SW1/4SE1/4, NW1/4NE1/4, SW114SW114 Section 12 - NE1/4NW1/4, W1/2W1/2, E1/2SE1/4, SE1/4NE1/4 Section 13 - N1/2SE1/4, W1/2NW1/4, SE1/4NW1/4, E1/2NE1/4 Section 14 - SE1/4SW1/4, NE1/4SE1/4, SW1/4SE1/4, NE1/4NW1/4 Section 17 - E1/2, SW1/4, E1/2NW1/4, SW1/4NW1/4 Section 20 - NE1/4, E1/2NW1/4 Section 21 - SW1/4NW1/4 Section 24 - SW1/4SE1/4, NE1/4SW1/4 Section 25 - NE1/4NW1/4 Section 27 - NE1/4NW1/4 1 O~25J92 000709 Township 23 North. Ranae 119 West. 6th P.M.. Lincoln County. Wvomina: Lot 69 - (Originally N1/2SW1/4 Section 1 and N1/2SE1/4 Section 2) All that Part of Tract 67 lying West of the Bear River (Originally SE1/4. S1/2NE1/4 of Section 5 and NE1/4 of Section 8) All that Part of Tract 77 lying West of the Bear River (Originally SW1/4, S1/2NW1/4, Lots 3, 4 of Section 5 and E1/2SE1/4, SE1/4NE1/4, Lot 1 of Section 6 and NE1/4NE1/4 of Section 7 and N1/2NW1/4 of Section 8) Section 6 - Lots 9,10,11, SE1/4NW1/4 Township 24 North. Ranae 118 West of the 6th P.M.. Lincoln County. Wvomina: Part of Tract 79 (Originally Lots 3, 4 of Section 7) Part of Tract 80 (Originally Lots 1, 2 of Section 7) Tracts 97F, 97G (Less parcel deeded to John Russell Thornock, Sr. and Emma Lucy Thornock at Book 509PR, Page 572) Section 6 - Lots 20, 21, 22, 26, W1/2SE1/4 and all of Lot 17 and Lot 25; and that part of Lot 14 and Lot 24 of said Section 6 lying and being situated southerly of the following described existing fence line: Beginning at a point on the West line of said Lot 24, NOo028'15"E, 578.54 feet of Corner No.2 of said Tract 97, found as described in the Corner Record filed in the Office of the Clerk of Lincoln County; thence S89°01'12"E, 583.41 feet along said fence to a point; thence S88°45'49"E, 457.47 feet along said fence to a point; thence S88°50'51 "E, 421.64 feet along said fence and an easterly protraction of said fence to the east line of said Lot 14 Section 7 - Lots 5, 10, 11, W1/2NE1/4, NW1/4SE1/4 Section 21 - E1/2SE1/4, NE1/4SW1/4, SE1/4NE1/4, W1/2E1/2, SE1/4SW1/4, NW1/4, NE1/4NE1/4 Section 22 - SW1/4SW1/4 Section 27 - NE1/4, N1/2NW1/4, NW1/4SE1/4, E1/2SE1/4 (Less parcel deeded to Zebre at Book 119PR, Page 461) Section 28 - N1/2NE1/4, E1/2W1/2, SW1/4NE1/4, W1/2SE1/4 Section 33 - SE1/4NW1/4, E1/2SW1/4, NE1/4, SE1/4 Section 34 - NE1/4NE1/4 (Less parcel deeded to Zebre at Book 119PR, Page 461) 2 000710 O~25392 Township 24 North. Ranqe 119 West. 6th P.M.. Lincoln County. Wvominq: Tract 42 (Originally E1/2W1/2 of Section 32) Tract 43 (Originally E1/2NE1/4, E1/2SE1/4 of Section 31 and W1/2NW1/4, W1/2SW1/4 of Section 32 Less parcel deeded to Etcheverry Sheep Company at Book28PR,Page42~ Tract 44 (Originally W1/2 of Section 29) Tract 45 (Originally NE1/4 of Section 29) Tract 46 (Originally NW1/4 of Section 28) Tract 50 (Originally N1/2N1/2 of Section 27) Tract 51 (Originally NE1/4 of Section 28 Less parcel containing 35.21 acres, more or less known as Grandma's Place - House Tract - attached as Exception 1) Tract 54 (Originally SE1/4 of Section 20) Tract 57 (Originally N1/2SW1/4, SE1/4SW1/4 of Section 17 and NE1/4NW1/4 of Section 20) Tract 58 (Originally SE1/4SE1/4 of Section 17 and N1/2NE1/4, SW1/4NE1/4 of Section 20) Tract 59 (Originally SE1/4NE1/4 of Section 20) Tract 66 (Originally SW1/4NE1/4, W1/2SE1/4, NE1/4SE1/4 of Section 17) Part of Tract 67 (Originally N1/2NE1/4, E1/2NW1/4 of Section 17) as described in deed recorded at Book 198PR, Page 688 Tract 68 (Originally W1/2SW1/4 of Section 8 and W1/2NW1/4 of Section 17) Tract 69 (Originally W1/2NE1/4, SE1/4NE1/4, NE1/4SE1/4 of Section 18 Less parcel deeded to LaVoy O. Taylor at Book 207PR, Page 489 and Less parcel deeded to Terri A. Schultz at Book 495PR, Page 426) Tract 70 (Originally SW1/4SE1/4 of Section 7) Tract 71 (Originally N1/2SE1/4, SE1/4SE1/4 of Section 7 and NE1/4NE1/4 of Section 18 Less parcel deeded to Roberts at Book 24 Deeds, Page 416) 3 0925392' Tract 72 (Originally E1/2SW1/4 of Section 8) Tract 73 (Originally W1/2SE1/4 of Section 8) Tract 78 (Originally W1/2NW1/4, SW1/4, W1/2SE1/4 of Section 12) Part of Tract 79 (Originally E1/2SE1/4 of Section 12) Part of Tract 80 (Originally E1/2NE1/4 of Section 12) Tract 81 (Originally W1/2NE1/4, E1/2NW1/4 of Section 12) Tract 95 (Originally NW1/4SW1/4 of Section 2 and NE1/4SE1/4 of Section 3 Less parcel deeded to Town of Cokeville at Book 388PR, Page 206) 00071.1. Tracts 97D, 97E, 97F and 97G (Less parcel deeded to John Russell Thornock, Sr. and Emma Lucy Thornock at Book 509PR, Page 572) That part of Tract 97-H, Tract 97-1, Tract 97-J, Tract 97-K, and Lot 46 in Section 1 and Lot 38 in Section 2, T24N, R119W, Lincoln County, Wyoming, lying and being situated southerly of the following described existing fence line: Beginning at a point on the east line of Section 1, NOoo14'38"E, 583.78 feet of the closing corner between said Section 1 and Section 6, T24N, R118W, on the south line of said Tract 97; thence N88°53'04"W, 881.38 feet along said fence to a point; thence N88°50'13'W, 1070.76 feet along said fence to a point; thence N88°47'59'W, 690.86 feet along said fence to a point; thence N88°47'13'W, 1011.30 feet along said fence to a point; thence N88°42'26'W, 934.30 feet along said fence to a point; thence N88°41'49'W, 457.76 feet along said fence to a point; thence N88°20'37'W, 560.07 feet, more or less, along said fence and a westerly protraction of said fence to the west line of said Lot 38 Tract 97C Section 1 - Lots 20,21,24,25,33,34,37,45 Section 2 - Lots 30, 33, 35, 37, SW1/4SW1/4, S1/2SE1/4, SE1/4SW1/4 Section 3 - Lot 43, SE1/4SE1/4 Section 10 - N1/2SE1/4, NE1/4 Section 11 N1/2NW1/4, SW1/4NW1/4, NW1/4SW1/4, W1/2SE1/4, NW1/4NE1/4, NE1/4NE1/4, S1/2NE1/4, SE1/4NW1/4, E1/2SW1/4, NE1/4SE1/4, SE1/4SE1/4 Section 12 - Lots 10,11,18,21,22,25 Section 13 - Lot 3 Section 14 - N1/2NE1/4, NE1/4NW1/4, Lots 1,4,6 Section 18 - E1/2SW1/4, Lots 9,10,17,18 4 0925392 000712 Section 19 - E1/2NW1/4, Lots 5, 6 Section 20 - Lots 4,7,10, 11, 14, 15,27 Section 22 - SE1/4NE1/4, N1/2SE1/4 Section 23 - Lots 10, 22, 23, N1/2SW1/4 except N 75' of E 220' Section 26 - NE1/4NE1/4 Section 27 - Lots 12, 15, N1/2SW1/4 Section 29 - Lots 7, 20 Section 30 - Lots 5, 6, 7, 8, 10, N1/2NE1/4, NE1/4NW1/4, NE1/4SE1/4 Section 31 - Lots 6, 7, 10, 11, 14, 15, 18, 19, W1/2SE1/4, NE1/4SW1/4, SE1/4SW1/4, NW1/4NE1/4, E1/2NW1/4, SW1/4NE1/4 Township 24 North. RanQe 120 West. 6th P.M.. Lincoln County. WyominQ: Tract 39 (Originally S1/2NW1/4 of Section 13) Section 13 - Lots 1,12, E1/2NE1/4, SE1/4 Section 24 - Lots 1, 14, SE1/4NE1/4, E1/2SE1/4, N1/2NE1/4, E1/2NW1/4, SW1/4NE1/4 Section 25 - NE1/4NW1/4, N1/2NE1/4, SE1/4NE1/4, N1/2SE1/4, N1/2SW1/4, W1/2NW1/4, SW1/4NE1/4, SE1/4NW1/4 Section 26 - N1/2SE1/4, S1/2NE1/4, N1/2SW1/4, NW1/4 (Less parcel deeded to Etcheverry Sheep Company at Book 28PR, Page 429) Township 25 North. RanQe 117 West. 6th P.M.. Lincoln County. WyominQ: Section 8 - S1/2SE1/4, N1/2SE1/4, SW1/4 Section 9 - S1/2SW1/4, N1/2SW1/4, SE1/4 Section 17 - E1/2, W1/2 Section 20 - NE1/4, S1/2, NW1/4 Section 21 - W1/2NW1/4, SW1/4, W1/2SE1/4, SE1/4SE1/4 Section 27 - SW1/4SW1/4, W1/2NW1/4, NW1/4SW1/4 Section 28 - NW1/4 Section 29 - SE1/4, N1/2 Section 32 - NW1/4 Section 33 - N1/2SE1/4, N1/2NW1/4, SE1/4NW1/4, SW1/4NW1/4 Section 34 - S1/2, SW1/4NE1/4, W1/2NW1/4 Section 35 - S1/2S1/2, N1/2SW1/4, SE1/4NW1/4, SW1/4NE1/4, N1/2SE1/4 5 092.5392. Exception 1 0007j.3 Grandma's Place - House Tract That part of GLO Tract No. 51 of T24N, R119W, Lincoln County, Wyoming described as follows: BEGINNING at a point on the south line of said Tract No. 51, N89°32'45"W, 350.56 feet from Corner NO.2 of said Tract; thence continuing N89°32'45'W, 2201.01 feet, along the south line of said Tract to an intersection with the east right-of-way line of State Highway 30; thence Northerly, 292.40 feet, along said right-of-way line along the arc of a circular curve to the right through a central angle of 04°27'58" with a radius of 3751.25 feet to a marker; thence N12°00'41"E, 354.88 feet, along said right-of-way line to a marker; thence Northerly 328.15 feet, along said right-of-way line along the arc of a circular curve to the left through a central angle of 03°13'48" with radius of 5821.21 feet to a point; thence S68°54'OO"E, 118.61 feet, along the north fence line of the house roadway to a point; thence S62°01 '58"E, 210.91 feet, along said fence to a point; thence N26°10'40"E, 31.99 feet, along said fence to a point; thence S80027'28"E, 1561.03 feet, to a point; thence S15°30'55"E, 626.49 feet, to the point of beginning containing 35.21 acres more or less 6