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HECEIVED
JNCOL.N COUNTY CLERK
874092
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JEANNr:: WAGNER
KEMMERER WYOMING
BOOK 467 PRPAOE 184
State of Wyoming Space Above This Line For Recording Data
GT.1 5 -51-090 (11/96)
MORTGAGE
(With Future Advance Clause)
1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ...~.1.f.r:.:...?~.~..~~~~.................... and
the parties, their addresses and tax identification numbers, if required, are as follows:
MORTGAGOR: COREY F. DANA
ANDREA DANA
1111 MUDDY STRING RD #117
THAYNE, WY 83127
_If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their
signatures and acknowledgments.
LENDER:
CONSECO FINANCE SERVICING CORP.
P.O. BOX 4326
MISSOULA, HI 59806
2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged,
and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security
Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with power of sale,
the following described property:
All of the property located at 1111 MUDDY STRING ED #117 , in the
City/Town/Village of THAYNE , County of LINCOLN , State of -liY__' in
which the Borrower has an ownership, leasehold or other legal interest. This property is more
particularly described on the schedule titled "Additional Property Description" which is attached
hereto as Exhibit A, together with a security interest in that certain 2001 , 80 X 28
4764X mobile home, serial number IDFLI04A23820 CM13
The Borrower does hereby authorize the Lender or its assigns to obtain a more detailed property
description after the Borrower has signed the Mortgage, and to attach Exhibit A after the Borrower
has signed the Mortgage.
The property is located in ..h:n~~R:y'! ............., ....................... ......... .............. at .......... .......... ........... .... .........,...
(County)
U,lJ. ,~m'. .?m~N9..~R. 10) 7. .............,.... ........., .t.~YNJ;......... '" ...... ............ ....... ........, Wyoming ., ......... ....... .........
(Address) (City) (ZIP Code)
WYOMING. MORTGAGE (NOT FOR FNMA, FHLMC, FHA OR VA U5E)
@ 1994 Bankers Systems, Inc., St. Cloud, MN Form GTH-MTGLAZWY 12/18/96
LPR<043
C
CFO
GT-1 5'51-090 (11/96) (page 1 of 6)
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Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water
and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures,
and replacements that may now, or at any time in the future, be part of the real estate described above (all
referred to as "Property").
3. MAXIMUM OBLIGATION LIMIT. Th~3~~~~rincipal amount secured by this Security Instrument at anyone
time shall not exceed $ .................................................... . This limitation of amount does not include
interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation
does not apply to advances made under the terms of this Security Instrument to protect Lender's security
and to perform any of the covenants contained in this Security Instrument.
4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows:
A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of
debt described below and all their extensions, renewals, modifications or substitutions. (When
referencing the debts below it is suggested that you include items sueh as borrowers' names, note
amounts, interest rates, maturity dates, ete.) .
A Universal Note or Manufactured Home Retail Installment Contract and Security Agreement
executed by Buyers/Borrowers.
The above obligation is due and payable on the date 360 months after final disbursement if not paid earlier.
B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender
under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in
favor of Lender executed after this Security Instrument whether or not this Security Instrument is
specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees
that this Security Instrument will ~ecure all future advances and future obligations that are given to or
incurred by anyone or more Mortgagor, or anyone or more Mortgagor and others. All future
advances and other future obligations are secured by this Security Instrument even though all or part
may not yet be advanced. All future advances and other future obligations are secured as if made on
the date of this Security Instrument. Nothing in this Security Instrument shall constitute a
commitment to make additional or future loans or advances in any amount. Any such commitment
must be agreed to in a separate writing.
C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law,
including, but not limited to, liabilities for overdrafts relating to any deposit account agreement
between Mortgagor and Lender.
D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise
protecting the Property and its value and any other sums advanced and expenses incurred by Lender
under the terms pf this Security Instrument.
This Security Instrument will not secure any other debt if Lender fails to give any required notice of the
right of rescission.
5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in
accordance with the terms of the Secured Debt and this Security Instrument.
6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or
other lien document that created a prior security interest or encumbrance on the Property, Mortgagor
agrees:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Mortgagor receives from the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any note or
agreement secured by the lien document without Lender's prior written consent.
7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, 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 the receipts evidencing
Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the
lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights,
claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or
improve the Property.
@ 1994 Bankers Systems, Inc" St. Cloud, MN Form CTH.MTCLAlWY 12/18/96
lPR1043
cr-:D
CT-1 5-51-090 (11/96) (page 2 of 6)
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14. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor
with notice of the right to cure or other notices and may establish time schedules for foreclosure actions.
Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security
Instrument in a manner provided by law if Mortgagor is in default.
At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall
become immediately due and payable, after giving notice if required by law, upon the occurrence of a
default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the
terms of the Secured Debt, this Security Instrument and any related documents including, without
limitation, the power to sell the Property. All remedies are distinct, cumulative and not exclusive, and the
Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The
acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is
due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's
right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's
default, Lender does not waive Lender's right to later consider the event a default if it continues or
happens again.
15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when
prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in
this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring,
inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses
will bear interest from the date of the payment until paid in full at the highest interest rate in effect as
provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by
Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument.
This amount may include, but is not limited to, reasonable attorneys' fees, court costs, and other /egal
expenses. This amount does not include attorneys' fees for a salaried employee of the Lender. This
Security Instrument shall remain in effect until released, Mortgagor agrees to pay for any recordation costs
of such release.
16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA, 42 U.S.c. 9601 et seq.), and all other federal, state and loca/laws, regulations, ordinances, court
orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare,
environment or at hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or
hazardous material, waste, pollutant or contaminant which has characteristics which render the substance
dangerous or potentially dangerous to the public health, safety, welfare or environment. The term
includes, without limitation, any substances defined as "hazardous material," "toxic substances,"
"hazardous waste" or "hazardous substance" under any Environmental Law.
Mortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or
will be located, stored or released on or in the Property. This restriction does not apply to small
quantities of Hazardous Substances that are generally recognized to be appropriate for the normal
use and maintenance of the Property.
B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant
have been, are, and shall remain in full compliance with any applicable Environmental Law.
C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous
Substance occurs on, under or about the Property or there is a violation of any Environmental Law
concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in
accordance with any Environmental Law.
D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe
there is any pending or threatened investigation, claim, or proceeding relating to the release or
threatened release of any Hazardous Substance or the violation of any Environmental Law.
17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by
private or public entities to purchase or take any or all of the Property through condemnation, eminent
domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the
above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for
damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds
shall be considered payments and will be applied as provided in this Security Instrument. This assignment
of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
document.
@ 1994 Bankers Systems, Inc., St. Cloud, MN Form GTH-MTGLAZWY 12/1 B/96
Cf{)
GT" 15-51-090 (1 1/96) (page 4 of 6)
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8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured
Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien,
encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal
law (12 C.F.R. 591), as applic;able. This covenant shall run with the Property and shall remain in effect until
the Secured Debt is paid in full and this Security Instrument is released.
9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good
condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any
waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious
weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially
change without Lender's prior written consent. Mortgagor will not permit any change in any license,
restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all
demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the
purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an
inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be
entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection.
10. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in
this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor
appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for
performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and
Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the
law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a
reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the
Property, including completion of the construction.
11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys, mortgages and
warrants to Lender as additional security all the right, title and interest in and to any and all existing or
future leases, subleases, and any other written or verbal agreements for the use and occupancy of any
portion of the Property, including any extensions, -renewals, modifications or substitutions of such
agreements (all referred to as "Leases") and rents, issues and profits (all referred to as, "Rents"). Mortgagor
will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may
collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this
Security Instrument.
Mortgagor agrees that this assignment is immediately effective between the parties to this Security
Instrument. Mortgagor agrees that this assignment is effective as to third parties when Lender takes
affirmative action prescribed by law, and that this assignment will remain in effect during any redemption
period until the Secured Debt is satisfied. Mortgagor agrees that Lender may take actual possession of the
property without the necessity of commencing legal action and that actual possession is deemed to occur
when Lender, or its agent, notifies Mortgagor of default and demands that any tenant pay all future Rents
directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any
payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not
commingle the Rents with any other funds. Any amounts collected will be applied as provided in this
Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable
landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of
the Leases and applicable law. .
12. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the
provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a
condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the
covenants, by-laws, or regulations of the condominium or planned unit development.
13. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment
when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or
any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A
good faith belief by Lender that Lender at any time is insecure with respect to any person or entity
obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired
shall also constitute an event of default.
@ 1994 Bankers Systems, Inc., St. Cloud, MN Form GTH-MTGLAZWY 12/18/96
.....
CFO
t1~T~ 1 5-51-090 01/96) (page 3 of 6)
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18. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and
risks reasonably associated with the Property due to its type and location. This insurance shall be
maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the
insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably
withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option,
obtain coverage to protect Lender's rights in the Property according to the terms of this Security
Instrument.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage
clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of
cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals.
If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal
notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may
make proof of loss if not made immediately by Mortgagor.
Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of
the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of
proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the
amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender,
Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the
acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition.
19. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor
will not be required to pay to Lender funds for taxes and insurance in escrow.
20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request,
any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign,
deliver, and file any additional documents or certifications that Lender may consider necessary to perfect,
continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on
the Property.
21. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under
this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not
sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to
secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured
Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to
waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party
indebted under the obligation. These rights may include. but are not limited to, any anti-deficiency or
one-action laws. Mortgagor agrees that Lender and any party to this Security Instrument may extend,
modify or make any change in the terms of this Security Instrument or any evidence of debt without
Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument.
The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of
Mortgagor and Lender.
22. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of
the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the
jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This
Security Instrument may not be amended or modified by oral agreement. Any section in this Security
Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law
will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If
any section of this Security Instrument cannot be enforced according to its terms, that section will be
severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used,
the singular shall include the plural and the plural the singular. The captions and headings of the sections
of this Security Instrument are for convenience only and are not to be used to interpret or define the terms
of this Security Instrument. Time is of the essence in this Security Instrument.
23. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first
class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address
designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors.
@ 1994 Bankers Systems, Inc., St. Cloud. MN Form GTH-MTCLAZWV 12/18/96
~/:O
GT-1 5-51-090 (11 /96) (page S of 6)
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24. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right regarding the marshalling of
liens and assets and all homestead exemption rights relating to the Property.
25. OTHER TERMS. If checked, the following are applicable to this Security Instrument:
- Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured
Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released.
- Construction Loan. This Security Instrument secures an obligation incurred for the construction of
an improvement on the Property.
- Fixture Filing. MQrtgagor grants to Lender a security interest in all goods that Mortgagor owns now
or in the future and that are or will become fixtures related to the Property. This Security Instrument
suffices as a financing statement and any carbon, photographic or other reproduction may be filed
of record for purposes of Article 9 of the Uniform Commercial Code.
- Riders. The covenants and agreements of each of the riders checked below are incorporated into
and supplement and amend the terms of this Security Instrument. [Check all applicable items]
_Condominium Rider _Planned Unit Development Rider _Other ..............................................
Additional Terms.
SIGNATURES: By signing below, Mortgagor agrees to the terms and covenants contained in this Security
Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument
on the date stated on page 1.
.00... ooth. .. f... .o.~::::... ... 00 00 h... 00 00.... 00 00 oo. .. .6:::.2..1 ~.D I
(Signature) COREY F. DANA (Date)
.......... 0 t.@.a.......O.a-:Ylf1............1€..-:{J.J:~:O )
(<;lgn'ltUr~ ANDREA DANA (Date)
.....................................................................................
(Signature) (Date)
....................................................".......--........................
(Signature)
(Date)
ACKNOWLEDGMENT: (). ...- ... ., /.. nfJO!//
STATE OF ......~. Id;"9/!.!.I.~..,.( .;................., COUNTY OF ......:~(.::,.J.......:...........................} S5.
(Individual) Th'. (J I d d b f . h'~"';"- d f ---r:- r, p __':'Y"V"\1.
IS rnstru ent was i!C we ge erpr me t IS .... .. .......... ay 0 ....-...Iw.-..b....M-r.,~ ..................
.r. . a. a.. ,nY .-(> ,
~~;~~;;;;;; i~!~.ttp~~;'; 00/ ~ if ~:;;~ ~Z' .And r. ."~oo ,. o. Q. 00 00...... 00 00.. .00 00 oo. 00 00 00 00 h.... 00.00.... oo. .
. (Seal) ..... ... ..'JJ.J~7!0N~t-;. pub.li~i.................................
LAURIE McKEE - NOTARY PUBLIC
COLtlTYOF
UNCOLN
.
STATE OF
WYOMING
@ 1994 Banker< Systems, Inc., St. Cloud, MN Form GTH-MTGLAZWY 12/1 B/96
LPR2043
.....
GT-l S-51.090 (11/96) (page 6 of 6)
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190
EXHIBIT "A"
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That part of the SE:xNE;.{ of Section 13 f T34N Rl19W of the 6th P.M.,
Lincoln County, Wyoming J being part of that tract of record in the
Office of the Clerk of Lincoln County in Book 135PR on page 170,
described as follows:
Beginning at the northeast spike of said tract on the east line of said
SE%NE~f South 544.50 feet from the northeast corner of said SE~E~i
thence West 258.00 feet to a point;
thence South 338.25 feet to a point;
thence East 258.00 feet to a spike on the east line of said SEUNE~;
thence No~th 338.25 feet, along said east line, to the spike of
beginning.
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