HomeMy WebLinkAbout934177
RECORDATION REQUESTED BY:
1st Bank
Alpine
79 Highway 89
P.O. Box 3110
Alpine. WY 83128
WHEN RECORDED MAIL TO:
1 st Bank
Alpine
79 Highway 89
P.O. Box 3110
Alpine. WY 83128
SEND TAX NOTICES TO:
1 st Bank
Alpine
79 Highway 89
P.O, Box 3110
Alpine, WY 83128
RECEIVED 10/19/2007 at 10:22 AM
RECEIVING # 934177
BOOK: 676 PAGE: 65
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000065
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
,1,
MORTGAGE
THIS MORTGAGE dated October 12, 2007, is made and executed between BRIAN D. TALLERICO and KAREN
TALLERICO, whose address is PO BOX 5279, ETNA, WY 83118 (referred to below as "Grantor") and 1st Bank,
whose address is 79 Highway 89, P.O. Box 3110, Alpine, WY 83128 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration. Grantor mortgages and conveys to lender all of Grantor's right. tit/e, and interest in and to
/: the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
5) easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or
I CI irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil. gas,
I geothermal and similar matters. (the "Real Property") located in LINCOLN County, State of Wyoming:
fÎ/ See EXHIBIT "A", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth
herein.
The Real Property or its address is commonly known as 501 E ETNA CIRCLE, ETNA, WY 83118.
Grantor presently assigns to lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents
from the Property. In addition, Grantor grants to lender a Uniform Commercial Code security Interest in the Personal Property and Rents.
THIS MORTGAGE. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS
GIVEN T~ SECURE (AI PAYMENT OF THE INDEBTEqNESS AND (BI PERFORMANCE OF ANY AND All OBLIGATIONS UNDER THE NOTE.
THE RELATED DOCUMENTS. AND THIS MORTGAGE. tHIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOllOWING TERMS:
¡
PA YMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage. Grantor shall pay to lender all amounts secured by this
Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY, Grantor agrees that Grantor's possession and use of the Property shall be governed by
the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2)
use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Compliance With Environmental laws. Grantor represents and warrants to lender that: (1) During the period of Grantor's ownership of
the Property. there has been no use. generation, manufacture, storage, treatment. disposal, release or threatened release of any Hazardous
Substance by any person on. under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has
been, except as previously disclosed to and acknowledged by lender in writing, (a) any breach or violation of any Environmental laws,
(b) any use. generation. manufacture. storage, treatment, disposal, release or threatened release of any Hazardous Substance on. under.
about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any
kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by lender in writing, (a) neither
Grantor nor any tenant. contractor, agent or other authorized user of the Property shall use, generate, manufacture, store. treat, dispose of
or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance
with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor
authorizes lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as lender may deem
appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by lender shall be
for lender's purposes only and shall not be construed to create any responsibility or liability on the part of lender to Grantor or to any other
person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for
Hazardous Substances. Grantor hereby (1) releases and waives any future claims against lender for indemnity or contribution in the
event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless
lender against any and all claims, losses, liabilities, damages, penalties, and expenses which lender may directly or indirectly sustain or
suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal.
release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should
have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend. shall survive
the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by lender's
acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance. Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to
the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other
party the right to remove. any timber. minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without lender's prior
written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without lender's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to lender to
replace such Improvements with Improvements of at least equal value.
lender's Right to Enter. lender and lender's agents and representatives may enter upon the Real Property at all reasonable times to attend
to lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter
in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such
law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified
lender in writing prior to doing so and so long as. in lender's sole opinion., lender's interests in the Property are not jeopardized. lender
may require Grantor to post adequate security or a surety bond, reasonably satisfactory to lender. to protect lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those
acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the
Property.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water
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charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for
services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to
the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically
agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest
paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
Grantor shall within fifteen (15) days after the lien arises or. if a lien is filed, within fifteen (15) days after Grantor has notice of the filing,
secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security
satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees. or other charges that
could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any
adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond
furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against
the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced. any services are furnished, or
any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the
work. services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor
can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on
a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application
of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies
and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer
containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice to
Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an
endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any
other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as
a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance
of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance
Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or
replacement exceeds $1.000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether
or not Lender's security is impaired. Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the
proceeds to the reduction of the Indebtedness. payment of any lien affecting the Property, or the restoration and repair of the Property. If
Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a
manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, payor reimburse Grantor from the proceeds for
the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay
any amount owing to Lender under this Mortgage. then to pay accrued interest, and the remainder, if any, shall be applied to the principal
balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor
as Grantor's interests may appear.
Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with
the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance
provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of insurance
requirement. If any proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall
apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness,
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims,
(B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing
Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially
affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be
appropriate to protect Lender's interests, All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged
under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the
Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and
be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining
term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity, The Mortgage also will secure
payment of these amounts, The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender
may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any
remedy that it otherwise would have had.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens
and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title
insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b)
Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against
the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender
under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such
participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances. and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery
of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in
full.
EXISTING INDEBTEONESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage:
Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly
covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any
default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness.
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement
which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written
consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior
written consent of Lender.
CONDEMNATION, The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take
such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding. but
Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor
will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to
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permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or
purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses. and attorneys' fees incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,
fees and charges are a part of this Mortgage:
Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for
all taxes. as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage. including without
limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any
part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from
payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the
holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by
Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the
same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below
unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens
section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of
this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and
Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's
security interest in the Personal Property, In addition to recording this Mortgage in the real property records, Lender may, at any time and
without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement.
Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not
remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed
to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3)
days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest
granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this
Mortgage.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-In-fact are a part of this
Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender. Grantor will make, execute and deliver, or will cause to
be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender. cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements. instruments of further assurance,
certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect,
continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and
security interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by
law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the
matters referred to in this paragraph.
Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of
Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the
purpose of making, executing, delivering. filing, recording, and doing all other things as may be necessary or desirable. in Lender's sole
opinion. to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under
this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any
financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by
applicable law. any reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT.. At Lender's option. Grantor will be in default under this Mortgage if any of the following happen:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or
any other payment necessary to prevent filing of or to effect discharge of any lien.
Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner
provided in this Mortgage or in any agreement related to this Mortgage.
False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or
the Related Documents is false or misleading in any material respect, either now or at the time made or furnished.
Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any
collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property. any
assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or
insolvency laws by or against Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which
Lender has a lien. This includes taking of, garnishing of or levying on Grantor's accounts with Lender. However, if Grantor disputes in
good faith whether the claim on which the taking of the Property is based is valid or reasonable. and if Grantor gives Lender written notice
of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will
not apply.
Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time
required by the promissory note evidencing such indebtedness. or a default occurs under the instrument securing such indebtedness and is
not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on
the Property.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not
remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other
obligation of Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser. surety, or accommodation party
of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender. at its option. may. but shall
not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner
satisfactory to Lender. and. in doing so, cure any Event of Default.
Insecurity. Lender in good faith believes itself insecure.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter but subject to any limitation in
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the Note or any limitation in this Mortgage, Lender, at Lender's option, may exercise anyone or more of the following rights and remedies, in
addition to any other rights or remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately
due and payable, including any prepayment penalty that Grantor would be required to pay.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property, including during the pendency of
foreclosure, whether judicial or non-judicial, and collect the Rents, including amounts past due and unpaid. and apply the net proceeds, over
and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the
Property to make payments of rant or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates
Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same
and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for
which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this
subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the
power to protect and preserve the Property. to operate the Property preceding foreclosure or sale, and to collect the Rents from the
Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without
bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property
exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property.
Nonjudicial Sale. Lender may foreclose Grantor's interest in all or in any part of the Property by non-judicial sale, and specifically by "power
of sale" or "advertisement and sale" foreclosure as provided by statute.
Deficiency Judgment. If permitted by applicable law. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due
to Lender after application of all amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor. Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the
Property immediately upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled.
In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by
separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time
after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice
given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by
Lender to choose anyone remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of
Grantor's obligations under this Mortgage. after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare
Grantor in default and to exercise Lender's remedies.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to
recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is
a lawsuit, including reasonable attorneys' fees after default and referral to an attorney not Lender's salaried employee and expenses for
bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services. the cost of searching records, obtaining title reports (including foreclosure reports). surveyors' reports, and appraisal
fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs. in addition to all other sums
provided by law.
NOTICES. Any notice required to be given under this Mortgage, including without limitation any notice of default and any notice of sale shall be
given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law). when
deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
registered mail postage prepaid. directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from
the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage.
Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons.
specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all
times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender
to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the
matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by
whoever will be bound or obligated by the change or amendment.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the
provisions of this Mortgage.
Governing Law. This Mortgage will be governed by federal law applicable to Lender and. to the extent not preempted by federal law. the
laws of the State of Wyoming without regard to its conflicts of law provisions, This Mortgage has been accopted by Lender In the State of
Wyoming.
Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean
each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in
writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree
in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage.
Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent
again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests,
that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for
payment, protest, and notice of dishonor. Grantor waives all rights of exemption from execution or similar law in the Property, and Grantor
agrees that the rights of Lender in the Property under this Mortgage are prior to Grantor's rights while this Mortgage remains in effect.
Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that
the rest of this Mortgage will not be valid or enforced. Therefore. a court will enforce the rest of the provisions of this Mortgage even if a
provision of this Mortgage may be found to be invalid or unenforceable.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any
time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Successors and Assigns. Subject to any limitations stated in this Mortgage on transfer of Grantor's interest, this Mortgage shall be binding
upon and inure to the benefit of the parties, their successors and assigns. if ownership of the Property becomes vested in a person other
than Grantor. Lender. without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and the Indebtednessh
Initials ;1vr)íí~
Inltials~
Loan No: 76-400484-8
MORTGAGE
(Continued)
000069 Page 5
by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Mortgage,
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State
of Wyoming as to all Indebtedness secured by this Mortgage.
DEFINITIONS. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word "Borrower" means BRIAN D. TALLERICO and KAREN TALLERICO and includes all co-signers and co-makers signing
the Note and all their successors and assigns.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response,
Compensation. and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the H-?..ardous Materials Transportation Act, 49 U.S,C. Section 1801, et seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.. or other applicable state or federal laws, rules, or
regulations adopted pursuant thereto. -
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default
section of this Mortgage.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
Mortgage.
Grantor. The word "Grantor" means BRIAN D. TALLERICO and KAREN TALLERICO.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,
chemical or infectious characteristics. may cause or pose a present or potential hazard to human health or the environment when
improperly used, treated, stored. disposed of. generated, manufactured, transported or otherwise handled. The words "Hazardous
Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or
waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes. without limitation. petroleum
and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the
Real Property, facilities, additions. replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or
Related Documents. together with all renewals of. extensions of, modifications of, consolidations of and substitutions for the Note or
Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to
enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means 1st Bank, its successors and assigns. The words "successors or assigns" mean any person or
company that acquires any interest in the Note.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated October 12, 2007, in the original principal amount of $72,000.00
from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of. and substitutions
for the promissory note or agreement.
Personal· Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all
replacements of. and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
proceeds and refunds of premiums) from any sale or other disposition of the Property,
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements. guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents. whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from
the Property.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS
TERMS.
GRANTOR:
~...
X ,/
BRIA~' D. ~ L RICO
INDIVIDUAL ACKNOWlEDG
PENNY JONES NOTARY PUBLiC
COUNTY OF . STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES SEPlEMBER 18. 2011
STATE OF
VYOMTNG
)
) SS
)
COUNTY OF
LINCOLN
On this day before me, the undersigned Notary Public. personally appeared BRIAN D. TALLERICO and KAREN TALLERICO. to me known to be
the individuals described in and who executed the Mortgage, and acknowledged that they signed the Mortgage as their free and voluntary act
and deed, for the uses and purposes therein mentioned.
nde my hand and offi' seal this 12th
day of
Ort-nhør
B
Residing at
.20 07
Lincoln County
Wyoming
My commission expires
9/18/2011
LASER PRO lending. V." 5.38.10.001 Copr. H.....d Flnlnoial Solution., Ino, 1997,2007. AJ Right. R.ør....d. . WY D:\LASERPRO\FNB'lCFI\LPL\GOJ.FC TR-6684
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j
DESCR,1P'l'LON FOR~
EXHIBIT A
PARCEL A ~ REY.¡SED (3)
To-wit: . -
That part of the SW/..SE% of~ClctÌon 12, TISN R1 t9W, Lincoln CO\U1ly; WyominJ:;. baing
P<IIi; of thosr; tracts of record m tha O:fB.ce of the Clerk of Lincoln ComIty ìn Book 453 or
:Photo:rt~tic RCCOId~ on pl\.ge 319 and in Book 488 of rhotoßta.t1c Records on page 521
dcscribed as follows; ,
BEG£NNING at Ii point, on the north lin~ ofsaid SWlhSE\I.¡, 889".12'·12"E, 81.84 feet
trOIJ\ the 1'Iorthwos~ comer of said SW~SEY.;
~hencf3 S89Q-12'-12"E, 516.04 íc~t, alOI\g 5IÚd north linS toa point:
th~nca SOOQ-10!·S3"W¡ 1290.81 feel, wong a line pùra.Il~} with the CfJ.3( line of said
SW~SE\I.¡, tQ a point on the south 1ino of sa!p SWYoSB'/.; ,
~hcncc N89°-25'-24ltW, S1~~"9".fèet,.ts1Ðng~dwuth Hue, to R pDÌnt;
thunc(; NOo-"-06 -:;3~'B, 12:9.3.03 fè~ along a Une parallel with lho west line: of s",iò
$W'4SEY~ to th~ POINT OF BEGINNiNG;
ENCOMPASSIN.G all area on 7.07 acrca, more or less;
S UB.TECT to ¡¡ right" of mgre/ 8 an!!. egrc&1i Qver) under and across a strip or land forty (40)
feet in width, beì~ twenty (20) Ïce:t cad¡ side of the following dc-01jcribcd centerline:
BEGINNING at a position OI1 the 60ufu 1in~ of Baid SWv..SEY.., 889°-25 '-24""8,
101'.84 ft:d:, from the so"Uthwc::st com~ of said SWY.SEY-.¡
thence NQO<'·06'-33"E, 53,92. f~et. to a spi!c~j
thence N34D-46'-26"E) 90.16 feet, to a spike;
tlll.TI1cc; N57"-46'·S5''E¡ 78.42 !eet, to a 6pika¡
iliønce N34°-21 '-41 "E, 98.34 f(;¢~ to 1\ ~jke;
tl1cnco N71°-09'-32"E, 92.22 feet. 10 II spikç;
thence N47°-42).41"E, 161.59 fe(:~ to a spil~~;
thence N75D-08'-19"E. 181.63 feet, to a Spik6 on the <:ast lino of Parcel A - Revised
(3) described above;
with the side line6 of thD above described $"trip h:ngthening or shortening, ifnecess3ry,
to cr~te a continuous and cOllttguOUS ea:lc:.ment with a minimum width of foli)' (40)
f~cti
TOGETHER with a right of ingre$s and egreG5 and underground utilities I.)"ver) under and
across tho wesl forty (40) feet of the SWY.¡ ~fSeçtion 12, T35N RlI9W; AND
TOGETHER WìÙl a rigbt of ingr1!S3 and egress IUJd pu.blic utilities over, under anti across
thol1orth sixty (60) feet of the NWV. of Section 13, T35N RJ19W; AND
ilk 11.m 11/1"'0111'00....
PAGE
000070
initial. /ÎA /c;'ì~
InltlalS~
I)CtIQRIIIL.øt'D{JlJrv~V~11
;N. tçf1)",",
,.n"Ol"f.I.....N.. 104
'I\<\,~~ foIo 1870
.. ~~IO~;1~ 1'1.. :ma
,," "10'.>11>1'001> 1'1.. WI
b ,~_
, r.oq"o<tr.'~n 1'1..:)300
'" R<oI""'1A'I 1'1.. ~¡~
þlt~l.nl:ø.:J/2111
.\.:JIVE \. Bt:HI:RI\::J.,
"'~;laIr.jt1l H4.~
"'¡aI$J; ·I1/\»I.~W.
>n.W,'OKÖIIQ
"I"r,\\'J'I'1'Ino
!.m W...rlnll
.,
PARCEL A - REVlSED (3)
PAGltTWO
TOGETI:Œ;R willi a right of ingress a:nd -egress and pUblic utilities ovc:r, under aDd across
the ~OIÙ1 S1Xty (60) feet of the W~t One hUTldred (l00) t'¢ct of the NY1N1-1NEV. of said
Sc:ctiol113¡ A'ND ¿ .
TOGET~R with a. right of ingress a:Q.d egress IUtd public utilities over, \.!nd~ Dnd across
th~ ,\:outb sIXty (60) felrt oftne 'West 81.84 feet of the SW*SEY-I oÎsllÍd S~ct.ion lZ;'AND
TOGETHER with a. right of ingress and egresa fur a ¡¡on-motorized pedestrian md
cquCls"trian easomtnt and \rdUtit8 over, undtr) IInd across a ¡¡trip of 1md within said
SWy..SE~, bei1]g fivè (5) feE:t eMh side of tbo foUcnving de:sc:ribeu centerline;
BEGINNING at a sp'ike at th~ tem1Ïnll$ ( fHçnry's Mountain RORd on the. SOU.U1 llM
ef said SWv.oS1W4, N89°-2S'.Z4"W, 93.54 feet from the southeast comer of I1;Üd
SW~SE~;
~henc~ N31 ~-25'-45"W, 237,02 feet, to a. positionì
1.hcnce N70°·10'-13"W, 486.29 fçel, to a position 011 the east lin~ of Parcel A-Revised
{3) def>cribcd above; AND
TOGETHER. with !1 right of ingrcs5 and cgre;¡;s for 11 l'lon-mowiÍz;ed pedest\ian and
c:quc¡;trian o&sc::ment and utiUtles over. \¡nder, and across 8 strip Qr \and "ten (10) fcet in
width, with the sout\¡ lin/; d.oscribed as fonews;
BEGINNI:NG I\t said terminus;
thence S89D.2,'-24"E, 93.54 feet, lo the sOUlheMt comer of s/!.id SW~SEV4; AND
TOGETE:BR with a right of Ingress I\J¡d egroaa over and across the uorth ten {l0) feet ot'
the eaat 1392.00 reet of Baid N%NI-S-NEv... fur a. non-motorized pl1:dcstrhll:~ and equestrian
casoment
each "comer" found 113 described in tho COrD.ßr Record filed or to be filed in the Office of
the C]trk arLine-01n County;
eaoh "interseotion" and "point" marked by a 5/8" x 24" steel rc::inforcing rod with a 2"
aluminum cap i.nscribed, "SURVEYOR SCfIERBEL LID AFTQN WY PLS 5368" or
"SURVEYOR SCHERBEL LTD BJG PtNEY WY PLS 5368'7 with appropri¡¡.te ðçtalls;
eaoh "~ikc", tniU"Äc::d by n 3/8" X 12" steel spike referenced by two (2) 5/817 x 24" steal
~e nforcing rodp with 2" aluminUDl cap insc:ribed, "SURVEYOR SCHERBEL L TD
AfTON.W'( PLS 5368", with ¡¡,ppropriate dctaUs¡
each "po$ition" is a c~lC1Jlated po$!tion wi.th no mon\1IDo¡:It found or set referenced by on
(1) or two (2) 5/8"x24" steel reìnforcing rodes) with 11. 2" aluminum ca.p inscribed,
"SURVEYOR SCRERBEL L TD mON WY FLS 536811;
1/1\ ' .III'IIII'...;,,~ 0·0......
Page L
000071.
InW'-ls ~...
InltlalS~
PI'Q¡"""DfUlI LA"a SulVOJOR
Paul H. Sd'lortJ"
Wyo. p_Obk"von No. , ~
UlOn RDQI,lrDYon No. tG70
kJ0h9 Rnv"I",\lon Na. :J~OO
.._ Rop"""'" No. ;80~
300U ^'" ;'I"IIiI".al
Wff , P"O!IUAllon No. 3881
,""ho AogI,."UOn No. o0i6
U~ PooglI;\l'ullon Na. ,~II
IMRlOwt:: ^- tioÇ,1~AO~
wyo. R"VU1nlbØf1 fiO. 5'39'
8ufVD'~Or SçtløftlaL to TD.
MDf\,'Wrocn\rlV
8~ PInot. I'/YO<11'I'II
J_CbOn, WyOmIng
LAva hOI SP'IJ'ÞOD. lr'llna
IwtOnIp..r.ldlha
.p ARCEL ß - REV~SF.:D (3)
To-wit: . -
000072
Thatpa:rt oftlle SWY.SEY. (,fSection 12, T35N Rl19W, Lincoln Counry, Wyoming, being
part of th?SC lIacts of n:cor,j in the Office of the Clerk of Lincoln County in Book 453 of
PhotO$tatlC Records on pag.e 319 and in Book 488 of PhotO!>Ultic Records on page 521
describcd as followB; ,
ßEQXNNING at the northeast comer of sa.id. SWy..SE\!..;
thence sooo~ I O'-5.3"W, 1288.22 feet, along the east li11e of said SWv..SEv.. to the southeast
comer ofsaid SWV.SB~; ,
thence N89°.25'-24"W, 67;'.76 feet, along the southlin<; of said SWv..SEv.., to a. point~
thence NOO°.I0'-53"E, 1290,81 feet, along a line paI"allel with sa.ideast Une, to a point on
the north line of said SW \r4SE~'.;
ù1ence S89°-12'-12"E, 675.79 feet, along said north linc, to the COI~ER OF
BEGINNING;
ENCOMPASSING an area oDO.OO acres, more or less;
SU'SJECT to a right of ingress and egress for So non-motorized pedestrian and equestrian
easement IInd utilities over, under, and across a strip of land. being five (5) feet each side
of the following d<;scribed centerline:
BEGINNING at thc Icnninus of Henry's Mountain Road on the south line of said
SWY.SEV., N89a.25'-24"W, 93.54 feet, from the southeast comer of said
SWV.SEV.;
ù1cncc N31 o_2S'_4S"W, 237.0], feel, ~o a position;
thencc N70o-1 0'-l3"W, 486,29 fee\, to a position on \he west line ofP¡1rcel B -
Revised (3) dcscribed abc,ve; AND
SUBJECT to a right of h¡grcss and ogress for a non-motoriz.ed pedestriw and equestrian
easement and utilities over. under, and across a strip of land ten (10) feet in width, with the
south line described as fol1,)ws;
BEGINNING at sajd tem1ÌnuBj
thence S39°-2S'-24"E, 93.54 fcct, to the souù1east corner of said SWv..SEY4;
with th¢ side lines of me above described strips lengtbe.u.ing or shortemng, if necessary, to
create a conlinuo\ls and conti.guous casement WiÙ1 a minimum widm often (l0) feet;
TOGETHER with a right of iDgress and egress and p1,lblic utilities over, under and açro~s
the west fony (40) f¡;<;¡ oflhe SWY. of Sçc~jon 12, T35N Rl19W; AND
TOGETHER with a right of iI\gress aJ1d egress and public utilities over, undcr and across
the north sixty (60) feet of the N\VY4 of Seen on 13, DSN R1l9W¡ AND
TiR, ~.'';,119·rVrlUnl:lr.u·lhMV''
"MQdificallon in any way of the foregoing oe$criptlon terminates liability of the surveyor'
,/}-¡
Initiais.l1iJ(
Inltla's~
Pl'Vlolo",,,,1 ""'nd !u"'Gy(K~
Paw N. SrolJl11el
\V'f~. ~ \ol,lmUøn No. ,6.4
U~n Rl19~uDtlan No. 1Ci10
Idoho Rog~\ruUon N~ ;Jg~
r~oVlØ;1 H.¡¡I¡Þ'fIIÌOC1 No. øØD!i
~"þ.. Schowot
V'fyo. Aogl'\t1IlIon tta. ~oo
kI"'" 1\-¡1:lLf.uon No. BOOt
U\Dh ~Dg~1ruS1On No, ;I~ni
MARLOwE A SCHmoe.
w,a. RoQl,nncn "'" QCllII
~~r ÇcltOfWI, LTD.
Al1o". Wt'Gmlng
DID .""Y. wyomlll.
møMon. W,omIn9
lòhll-toc .sønno.. Id,,11a
Mon~."f. Id"ho
II
"'!.IIlrUII q
PARCEL :B - REV1::il'-JJ t·,)
PAGE n'Vo
TOGETHE~ with a righ\ Qring;r~ss and egress and public utilities 0~P!9Z~cross
the north Slxt)' (60) feet of the west one hundred (100) Ü;ct of Ù1C NY2NV:iNEV. of said
Section 13; AND
TOGETIIER ....villi a right of ingress and egress and public utilities over under and across
Ùlc south si.xty (60) fce~orthe west 81.84 feet oftbe SWY.SEY. of said S~etion 12; AND
TOG~ wiÙl 8 right of ingíess and egress over, w1der, and across a strip of land forty
(40) fee\ 1ú width, be¡ng tw~l1ty (20) feet each side of the followitlg described centerline:
BEGINNING at a position on the south line of said SW%SE\I., S89°-25'-24"E,
101.84 feet, froln the southwest comer of said SW\4SBI(.¡;
thence NOoo~06' -33''E, 53.92 feet, to a spike;
thence N34°·46'·26"E, 90, l6 feet, to a spike;
thence N57°-46'-55"E, 78..+2 feet, to a spike;
~h~nce N34"-21'-41"E, 98.:34 fce~ to a spike;
thence N71 o-09'·32"E. 92.22 feet, to a spike;
thence N47°-42'.41"E, 161.59 feet, to a spike;
iliencç N7.5"-08'-19"E, 181.63 feel, to a spike on the west line oiparcel B - Reviöed
(3) described aboye;
with the side lines of the sbovl: described strip lengthening 01' shortcIÙng, if 1'Iecessary, to
cn:ate a continuous and contiguous casr;;ment with a minimum width of forty (40) feet;
AND
TOGETHER wilh à right ofin¡.,'œss tUld egres(and public 1.ItilÜies over, under and ¡¡çrOSS a
strip of land sixty (60) [tel in width as ck:scribed 011 the i'lt"tachcd exhibit titled,
"DESCRIPTION fOR HENRY'S M.OVNTAIN" LI\ND TRUST, HENRY'S MOUNTAIN
ROAD PIERCE DESCIUPTION"¡ AND
TOGETHER with a right clf ingress and egress and public utilities over, under tUld ¡lcrOSS a
strip of latld sixty (60) fccl in width within the NV:lNBY4 of said Scction 13, being ú1irty
(30) ["et each side of tho following described c(;:merHrlC~:
BEGINNING at a pointma:rked by a spike on the north line of the: SV2N~NEy., of
sa:id Scction 13, N89"-28'.13"W, 1012.94 feet, from the northeast corner of said
SY:Ll"WlNEV.;
thence (1..20) N50D.49'·16"E, 71.28 feet to á spike;
tbe1\ce (L21) N08°-4S'-38"E, 229.18 fe"~ to a spike;
d1ence (L22) N03"-19'"15"E, 246,81 feet to a spike at the.E'C ofa circular curve to the
left;
thence (CD) 1l1)rthwesü:rIy, 169.06 feet, along thr;; arc of said curve, tbro\lgb a central
angle of 95"-39'-38", with a rwills of 101.26 feet and a chord bearing N44°·30'-
34"W, 150.10 recto to the PT thereof;
fIR J$.IIQ.I:JI·...ncJc o'a.","'1>
"Modification in any way of the foregoing t;JE1l>crlption terminates liability of the surveyor"
initial&~
InltlalS~
t
1",ulu:ÞIOOGI L4I1U&u""ClJ9fI
P..ull'I.~h.I\tC'¡
Vt700 Røv!5w11On No.1 G4
VII" R~1\Qn fG. ,67Q
~JI"'. A-<þ1c.ullon No. "SO
111....06 AoDllIl'1Uon "'9. tl)O.t
"!:dtU ~ knilfUol
W.,o. RfØlfWt,,,,n No. )(:11:11)
IdlM lIo'1J'IVllIoo No. øal'
UWI Aoglsulllon No, 712111
r.\ARlQW1: A, SCHEJ\DEi.
W G. Au,blJlIVOI\ No. G~('.q
BufVO'(OI SCIIO,,",\ ,TO.
^""" ,.,.,.....0
BIf Pin.,. \\')...1/10
Jo....... w,onMnO
\,.Avo HOI !ptIn9', 1000o
MCIfIIPDlløc, 1001\0
P.4..RCEL B - REV1SED (3)
PAGE THREE
000074
thence (L23) S87"-39'-:JT'W, 293.29 feet, to a spike at thc PC of !I circular curve \0
the right;
thence (C14) northwesterly, 136.47 fe:¢t, along "the arc of said curve, tlu:ough a ccutral
angle of 590-57'-32", with a radius of 130.4J feet and a chord bcaring N62°-2l'-
37''W, 130.33 feet to the TERMIUS of Hf¡jnry's Mountain Road marked by a spike
on the notth line of the NE~ofsaid Section 13;
witl1 the side lines of the above de;scribed strip lengthening or shortening to crçate; Q
continuous and oontiguous easement with a minimum width of sL"'<.ty (60) feet; AND
TOGETHER with a righ~ of iugresç and egress over and across th¢ norl.h ten (10) feet of
thr; east 1392,00 feet of said NY,NY2NE\~ for a non-motorized pedesuian and cqtit$lrÌao.
easement;
each "comer" f01ll1d as desorib~(\ in the Corner Record filed or to be [¡leò in the Office of
thl: Clerk of Lincoln COI.I:o.ry;
each "Ì.11tersection" aDd "point" marked by a 5/8" x 24" steo::l reinforcing rod with a 2"
ahmrin\lm cap inscrihed, "SURVEYOR SCHERBBL ¡:"TD AITON WY PLS 5368" or
"S'(fRVEYOR SCHERBEL LID "BIG PINEY WY PLS 5368", with Ilpproprìute details;
each "spike", "PC" and "PT" mal'ked by a 3/8" x 12" steel spike referenced by two (2)
5/8" X 24" steel reinforcing rod$ with 2" ahu11imuu C¡¡P in~cribed, "SURVEYOR
SCHERBEL LTD AFTON WY PLS 5368", with appropriate details;
each "position" is a calculated position with no monument found or set rcfercIlced by on
(1) or two (2) 5/8";(24" steel reinforcing rod(s) with a 2" alwninum cap inscribed,
"SURVEYOR SCHERBEL LTD AFTON WY PLs,,5368";
a1l in accordance with the plat prepared to be tiled in the Office of the CJerk of Lincoln
Co\m\')' titled., "PLAT OF BOUNDARY ADJUSTMENT FOR THE TRUST OF JA1vŒS
PATRICK O'BANNON, DATED 28 SEPTEMBER 2000 OF PARCEL A-REVISED (2)
AND PARC L B-REVISED (2) THE SWV4SEy., SECTION 12 TJSN Rl19W
LIN L ourmz >t"" 11 P,",""" 2005, " ,.vi,""
TIR g.. I 1'· ':IT'2IN:k Crb,"",,,,
"Modification in any way of the fQregoing description terminates lIabitity of the surveyor" .'
LI(¡
InltialS~
anltlalS~
PIO C'ul1)I\~ILJl\d S\l"'t'(Ot5
'....1 N. t:rt'""""
K'I,h""Uon H9. 1M
Seaq ^- ScI,erWl
Rp.I'lf~dDf'l ND. UU';I
MôJ,lowc A. Sc:hertxl
k"ItI"r3llnn "'0, ~)t,a
SURVI.'rOR SChUBEL, (TU.
GII PJne,_ Wt'Olftlnl on 13
¡.aci=,q", \Vy9m....' n'OQT
AliGn. Wromlnl OJ 110
II ---.... -
--- ...~ -...........~
_·..r~ 0
aENRYIS MOUNTA~ ~uAD PIERCE DES,
.'TION
'l'o-w:i.t:--
000075
That part of Section 13, T35N, R1.l9W Lincoln County, Wyoming-
described as folloWG: '
a strip of lanp sixty (60J feet in wid~h within the SEY.SEY.SWY.
of said Section 13, thirty (30 feet each side of the following
described centerline:
BEGINNING at a spike on the sout~ line of said SE~SE~SW~
within the bo~nd6 of Chokecherry County Road No, 12-113:
NS.9°-l51-21"W, 142.27 feet, from the southeast corner of
said SEUSt~S~Á. found as described in the Corner Record
filed in the Offlce of the clerk of L1~coln Co~nty;
thence N35°-23'-25"E, 97.29 feet, to a spike;
thence N14°'241~44IE, 155,23 feet, to a spike;
thence N11°-35'-18"E, 96.25 feet. to a spike;
~hence NOoo-211-44"E, 338.51 feet, along a line parallel wi~h
and ~hi~ty (30) feet west o~ the east line of 9aid
S~~s~~sw~. to a spike on the north line thereof; AND
the east sixty (60) feet of the NEXSE~SWA of said Section 13
and the. east sixty (GO) feet of the E%NE'XSWÁ of said Section
13 i AND
that par~ of the ~/. of said Section 13, identical with chat
eaeemen~ of record in the Office of the Clerk of Lincoln
County in Book 172 of Photostatic Records QO p$ge 313,
d~5crib~d as follows:
aEG:J:NNING at: the southeast corner' of said N1'Ì)<;
thence NOoc~21'·44"E. 84.85 feet, along the east line of said
NW¡{, to a point;
thence 845°-22'-32"10], J.l!J.9ì feet:. to a point on the south
line of s~id ~A;
thence 589°-361-,n"8, 84.85 fee.t, along s;nid south line, to
the CORNER OF BEG¡~ING; AND
~ strip of land within the NE~ ~nct the NEY.SEy' of said Section
13, with the width$ as noted on each side of the following
dèsc~ibed centerline, beginning width baing thirty (30) feet
eaçh $ide:
BEGINNING at a spike on the west line of said NE~,
NOoo-211-44"B, 38.42 feet from the southwest corner thereof;
thence (1..),) N270-451-13"E, 178,40 feet, to the pç of a
circ~lar c~:t'vE!. t:o the right;
thence (Cl) northea$terly, 88_85 feet. along the arc of 6aid
curve. 1,;hrl;:l~9h a ca:ntral angle of 102°-42 I -~2", with a
radius of 49.56 feet and a chord bearing N79°-06'-40"E,
77.42 feet, to the PT thereof;
thence (L2) S,~~-31'_S4"E, 184.95 feet, co a spike;
thence (L3) S6C1°-U.'~20"E, 10a.80 feet, to the PC of a
circular curve to the left¡ and chang~ width to 37.86 fee~
to the lef\:. or northerly side;
"Mlìd¡fic:ation In any w~y or the foregoing description lerminal€s 1I;¡IJility or the surveyor"
!nIU'I.¡~ ~
ßnltlalS:
\
I
I
I
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i
I
I
\
000076
'",'.:"h...,.1 Lind s""C'yon
Plwl"'. SChtrotl
Itetlnr.ulgn t-IO. 1 G~
J.call ^" Sche:.br:I
~e,lnr.Jllon No. 3009
Marlo.... A. ~lõÞrrb.1
R..hlt.llan No. S,)"
SURVEYOR SCHEJ!.all. LTO.
all PII\<'i, W¡<N1\lnR OJ 111
I"~I"" WT."""I BJ001
^fton. W}'omln( O'11D
thence (C2) northeasterly, 259.93 feet, along the arc of said
cur~e, through ~ c~ntral angle of 111°-1$'-18". with a
rad~us of 133.8h f~et and a chord bearing N64o-11'-Ol"E.
220.98 feet, to ~he PT thereof: and change width to thirty
(30) feet on the left or northerly side;
chance (L4) N080·33'·22"E, 152.34 feet, to I;:.he PC of a
circular cU"J.-ve to the right;
t;hence (C3) nort;hea¡¡lt.erJ.y, 97,39 feet, along t.he arc of 8aid
cur;re, through a central angle of 119°-04'-44", with a
rad~us of 46.86 feet and a çhord bearing N68°-0S'-43"E,
60.79 feet, to th~ PT thereof;
~h~nce (L5) S52°-21'-54"~, 305.71 feet, to a spike;
thence (LQ) $83"-:,9'-10"1?':, 325,11 feet, to the: PC of a
circular curve tl;> the right;
ehencs (C4) eouthaascerly, 113,23 feet, along the arc of 8aid
curve, through a central a.ngle of Q5°~22'-0~", with a radius
of 99.25 feet ~nd a chord bearing SSQo·58'·06"E, 107.19
feet, to the PT th~reof; and change wideh co 49.10 feet to
the left or nor~herLy s~de;
thence (L7) Slao~171-01"E, 52.76 feet, to the PC of a
circular curve tQ the left;
thence (C5) . southeasterly, 89.80 feet, along the arc of said
curve, through ;a .:eotra.l angle of 120°-37'-11", with a
radius of 42.65 fœet and a chord bearing S78°-35'-37"E,
74.l¡ feet, to the PT thereof; and change w~dth to thirty
(3.0) feet on the left or no;("therly side;
thence (La) N410M05'-47"E, 110.44 feet. t.o t.he PC of a
circular çUt~e to the left;
thence (eG) uorthwesterly, lÅ9.~1 feet, along the arc of said
curve, through a çeot~al angl~ of 93°-07'-43", with a radius
of 73.77 fE!et and a chord bearing NOSQ-2B'-04"W. 107.11',
fee~, to the PT thereof;
thence (L9) N52°-01'-SQ"W, 24.00 feet t.o che spike of:
beginning for Crooked canyon Spur, N81°-21'-:\.2"W, 1208.39
feet from the southeaet corne];' of said NE'/.¡
thence (L10) continuing N52°-01'-56"w, 42.93 feet, to i)I
spike;
thence (J.,ll) N21O-09'-25"W, 69.89 f~et, to· the PC of a
circular çurve to the left;
thence (C7) northwest.erly, 117.12 feet, along the arc of said
curve, th:t"o'~gh çl c~ntral angle of 32D-40'-36", wil:.h a radius
of 205.37 feet and a chord bearing N37°-29'-43"W, 115.54
feet, to the PT thereof;
thence (L12) N'53°-50'-01"W. 264.49 feet, to the PC of a
circular curve to ehe right;
thence (C8) northwesterly, 156.40 feet, along the arc of said
Cl.l~Vé, through a c~n1;ral a.ngle of 87°-33'-01", w;i.th a radius
of 102.35 feet and a chord bearing N100-03'-31"W. 141.62
feet, to the PT thereof. identical with the pç of a reverse
circular curve 1;0 1;he l~ft;
the.nca lC9) northea.'3t.erly, 118.09 feet, along the a.rc of said
reverst; curve, through a. ce.ntral anglé of 24°-3;1'-25'1, \-lith
a radius of 274.42 feet and a chord bearing N210-23'-02"E,
117.16 feet. to the PT thereof;
"Modinc~tion in an" way of the foregoing de$criptton terminates liability ot thl: surveyor'
.. 't. .
/~ U('.'
initials
Inldals '¥- \~
00007
Pral....' 1)h.a1 und Svl"tC"fon
Pwl H. Schr!ÞcI
Rq nr~dl;Jn ":0, 1 fl"
.5nr4l f\.Sc:h.!,))cJ
AI!:IIt1A119n "'0. '''1?
tMrl.",. ^- Smctbcl
1\clIJlmton N9. " c.n
Vkvl~OA SCIiEIIIIE~ 'TO.
BI, PInCT. \YI'Clmin" 0""
~cJ.son. Wromln8 03001
""n",' \'/yoml"1C d:) \ 10
II HENRY'S MOUNIA:--·· ---D PIERCE DESCRJ;PTJ:ON
PAGE THREE
W"1.ge ö
thence (L13) NOso..03'-35"E, 174.12 feet., to a spike;
thence (L14) N1so-38'<38"E, 246.40 feet, to t:he PC ot a
circular curve to the rig-ht;
thence (C¡O) nor~heasterly, 161.29 feet, along- the arc at
said curve, through a central angle of 70°-34'-56", with a
radius of 147.17 feet and a chord bearing Nsoa-56'-06"E,
170.04 feet, to the PT thereof;
t.hence (LlS) N6fjo-1.31-34"E, 77.67 feet, to the: PC of a
circular curve to the left;
thence (Cll) northeasterly, 175.74 feet, along the arc of
said C1.1rVI¡!, c.hrough a central angle of 600-49'-04", with ,;¡
radius of 165.56 feet and a chord bearing N55°-'~' -02"E,
167.6l feet, to the PT ~hereof; .
th~nce (L16) N2!jO~24'-30"Er 223.3:L feet, to the PC of a
circular c~rvè to the left;
thence (C12) northwesterly, 1~a,73 feet, along the arc of
said curve, through a. central angle of 55°-13'-11", with ÇL
radius of 143,95 feet and a chord bearing N02°-12'-06"W,
l~3.42 feat, to the PT thereof;
thence (Ll7) N29°-48'-41"W, llSI.Ol feet, to a spike;
thenC:Q (Ll!!) N03°-141 -07I1E, 161.85 feet, to a spike;
thence (L19) N50o-49'-16"E, 43.81 fee.t, to the TERMINUS of
1ienry's Mountain R~}a.d Þiarce Description. marke.d by a gpike
on the north lin,;: of the S~~*NE,~ of said Secr:.iòn 13,
N890-28'-13"W, 1012.:;14 feet. from the northeast corner of
said S~NMNE~{;
with the side lines of the above described strip lengthening or
shortening, to crea~e a cont.inuous and contiguous easement.
with a minim~m width of sixty (60) fee~;
that land within the NW~SE~ of said Section 13 wh~ch falls
within this description is specifically excluded;
the BASE BEARING fç~r l;h15 survey 16 the east line of t;.he NE~" of
section 13, T35N, R119W, being NOoo-181-DO"E;
e.ach "spike", "pc", and "PT" rna:r,-ked by a 3/8" x ;1.2" steel spike
and refe¡-encl!:d by t.wo 5/8" X 24" steel re.inforcing rods wit.h a
2" a.luminum C6.p ;i.pscribed, "SURVJ¡:;fOR SCHE:RBEL LTD BIG PINEY NY
:f'LS 5368" with approp·dal::e details.
each "corner" found as described in the Corner Recorcl filed in
the Office. of the cle.rk of Lincoln coupty;
each "point" marked by a 5/8" x ~4'1 steel reinfo:r:cing rod with
a 2'1 aluminum cap in9cribed, "SURVEYOR SCHERBEL LTD BIG PINEY
WY PLS 5369", .with appropriate details;
all in accordance with the plat. prepared t;.o be filed in t;.ha
Office of the. Clerk of Lincoln County titled, "HENRY'S !"IOUNTA.IN
LAND TRUST PL~! OF PARCELS &~ EASEMENTS WITHIN SECTION 13 T3SN
R119W LINCOLN COUNTY, OMINGI1, dated 1 April 1996 and revi$~d
4 S. . or ~
4 ';Ærxrl::eiJ'
hm{;~d. des
ption termin~te~ liability of the surveyor"
)I~
initi2iii ~
InlU,ls 01