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HomeMy WebLinkAbout934609 "I~ 1änd 'Utle _C9mpany SINCE 1904 RECEIVED 11/5/2007 at 2:40 PM RECEIVING # 934609 BOOK: 677 PAGE: 708 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000708 FIRST MORTGAGE TI IlS MORTGAGE is duly executed and dclivercd effcctive as of tht: 2nd dny of November, 20t)7 from TRIANGLE M RANCH I.I.C. a Wyoming limitedliabilily company, of P,O, Box 1764, lUton, Wyoming 83 110, hereinafter rc('crred to us the "Mortgagor", 10 LorUN ,\. JOHNSON, AS TRUSTEE O~' TilE JOHNSON jVIAlUT,\L TIUJST AS I':STAßLlSHEI> IN TIlE ,JOHNSON FAMILY TlUiST I>ATW J)ECEMUI':R 4, 1995, AN ) 8IUJCE CIfAIUÆS JOHNSON, URA))FOR1> SCOTT JOHNSON, AI.ETA )}AVIS, SUSAN I'I{ICI~ AN)) UArn [., JOHNSON, AS TIWSTU;S OF THE A1'1IA L. JOUNSON Ft\MILY TRUST AS ESTAULISHEI> IN TI-IE ,IOHNSON FAMI,LY TRUST I>ATf:J) )ECEMHER 4,1995, of 2871 Highway 241, Afton, Wyoming 83110, Iltm:inufter collectivcly rt:fclTed to as thl: "Mortgagl:e", The Mortgagor, for and in consideration of Ihe receipt of TI-HŒE MII.LlON TWO HUN))REI> FIFTY THOUSAND AND NO/IOO (53,250,000,(1110). lawtiJllI10ncy of the Unilcd States. and to secure the ¡"dcbtedncss hcrein;¡ftcr referred 10, does herehy mOl1gage 10 ¡hc Mortgagee the following descrihed real property siluuled in Lincoln County, Wyoming: The real properly known as the L.A. Johnson Ranch in Lincoln COllnty, Wyoming as described in Exhibit A attuched hereto and made a part hereof, ~ ,t? , I ¡ including and togethcr with all and singular the tenements, hcreditaments, appurtenances and improvcmcnts thercon or thereunto belonging, and any rights to minerals thercunder, but subject to taxes, asscssments, restrictions, covenants, conditions, righls-of-wuy, easements and other similar cncumbrances of sight or rceord ul this time, .' Any of such property which is subject to the licn oflhis mortgage from time to timc is rcfcrred to ;\s thc "property", The Mortgugor hereby relinquishes and waives all rights under und by virtue of the homestead exemption laws of the Stale of Wyoming for purposes of this mortgage. t, '~, . " The Mortgagor COVClHlI1ls ¡lI1d warrants thai ut the signing nnd delivery of Ihis mortgage, the "i. J Ivh\l1gagor is ¡uwfully seizcd in fee simple of the property und has good and lawful right to mortgage, sell and convey such propel1y; t!lat the Mortgngor wurrants and will defend the title to such property against ull lawful claims and demands; and that the property is free from all encumbrances not permil1ed hcreundel', This Mortgage is subject 10 the express cOl1dilion Ihat if the Mortgilgor pays, or causes to be paid. to the Mortgagee thc sum of THREE MILLION TWO HUNDRED FIFTY THOUSt\Nl> AND NO/IOO (5J,250,OOO.000), logcther with Ìlaeresl thereon <1ccording to Ihe provisions of a certain promissory nole dated as of the date hereof, executed and delivcred by the MOl1gagor to the Mortgugee, and any eXlensiol1s and renewuls thereof and all other amounts due hereunder, then this morigage and such note or notes shall cease and be null and void. The Mortgagor hereby covenants to I'll)' all such amounts, and all amonnts when due under the mortgage and this Mortgage. I. The Mortgagor further covenants and agrees us follows: a, The licn of this mortguge shall remain in full force and effect during any postponement or extension of the time of payment of an)' part of the indebledness secured hereby. b, The Mortg¡lgor shall puy or cuuse to be paid alllaxes and assessments levied or ussesscd againsl the property, subject III the righl to contest in good failh by appropriate proceedings, and shall cOll1ply with all recordation and other laws affecting the security of Ihis Morlgage, at Ihe e1\pense of the Mortgagor. e. The Mortgngor shall not permit the inlerest of the ¡Vlortgagor ill the propel1)' or an)' part (hcreof to be levied upon or ullached in allY legal or equitable procceding, except to Ihe e1\tent such levy or altachment is being eonlesled ill good faith by appropriate proceedings, d, Mortgagor will lIot commit or permit illegal was Ie on the premises and \ViII kcep and maintain the premises in reasollably good repair. e, Mortgagor will comply promptly, at liIe expense of the Mortgagor, wilh all laws, slalliles, ordinallces and regulations affccting Ihe prcll1ises, subject to the right 10 contest any purported violation in good faith, .ldln:i1..111 Tnl~I..,,-Mnrllshi1ck ]I.·fNI;:ilgdrc07 f, The Mortgagor specilÏealIy warrants that Mortgagor is fully authorized to cntcr into this Mortgage, and that the ncquie$cence or npproval of no other person is required for Mortgagor to enter into sllmc on the terms found herein, g. All warranties, covenants, pr(ll1lises, undertakings, agreements, rights, powers, privileges, bcnetits, obligations and remedics imposed upon or granted or rcservcd unto [he said parties by this instrument shall survive the execution and delivery hereof and shall respectively extend to and be binding upon the respective hcirs, executors. administmtors, successors and assigns of said parties, 2, If the Mortgagor defaults in the paYl11cnt of such taxes, assessments or other lawful charges, the Mortgagee lI1ay, without notice or demand, pny the surne. The Mortg.agor covenams and agrees that all such slims of money so expended, together with all costs of enforcement or foreclosure, and rensonable uttomeys fees, shall be ¡¡dded to the debt hercby sccllred, and agrees to rcpu)' the sume and all expenscs so incurred by Ihe Mortgagee, with intercst thercon fmlll the date of payment at the default intercst rate provided in (hc notc secured hcreby until repaid, and the sallie shall be a lien on the propert)' and be secured by this mortgage, J, If th.: Mortgagor def:lults in the pllyment of any principal or interest on the indebtedncss sccured hcreby aner the same shall become due and payable, or if the Mortgagor breaches any COVenant or agreemc11l contained herein, which default or breach is not remedied wilhin a period of Ihirty (JO) days nner notice thereof is delivered 01' mailed to the Mortgagor by or on behalf of the Mortgagee, the whole of the then outstanding indebtedncss secured hereby, both principal and interest, together with all other sums payable pnrsuanllo the provisions hereof, shall, at the option of Ihe Mortgagee, become immediately due and payable, anything hercin or in said note or notcs to thc contrary notwithstanding, und failure to e:\ercise said option shall not constitute a waivcr of the right to exercise the samc in thc event of any subsequent default. The Mortgagee may enforce Ihe provisions of, or foreclose, this mortgage by any appropriate suit, action 01' proceeding at law of in equity or by advertiscmcnt and salc as provided by Wyuming statules, The Mortgage hereby grants unto the Mortgagee a power of sale upon detåult with full authority to sell the property pursuant to Wyo, Stat, §34-4-102 £!. ~, At any foreclosure sale, the ,Mortgagee may cause to he exccuted and delivered to the purchaser or purchasers a proper deed of conveyance of the property so sold, The Mortgagor agrees to pay all costs of enforcement and of foreclosure, including reasonable attorneys fees, The failure of the Mortg:¡gec to promptly foreclose following a default shall aot prejudice any right of Ihe Mortgagee to foreclose thereafter during the continuance of such default or any right to foreclose in case of further default or defaults, The proceeds from such sale shall be applied to Ihe payment of (I st) the costs and' expenses of forcclosurc and salc, including reasonable attorneys fees, and ullmoney expended or advanced by the Mortgagee pursuant to the provisions of this mortgage: (2nd) all unpnid taxes, assessments, claims and liens on the propel1y which nre superior to the lien hereof; (Jrd) the balance due to the MOt1gagee on aceounl of principal and interest and charges on the indebtedness hercby secured; and (4th) the surplus. if any. shall be paid 10 the Mortgagor (subject to the rights of any junior lienholders), 4, If the right of foreclosure accrues as a result of any defaull hcreundcr. the Mortgagee shall at once become entitled to exclusive p<.)sstssion, use and el~oyment of the property and to all rents, income and pwtìts thereof, from the accruing of such right and during the pendency of foreclosure procet:dings and the period of redemption, and such possession, rents, income and profits shall be delivered inllncdiatcl)' to the Mortgagee on request. On refusal, the delivery of such possession, rents, income and profits may be enforced by the Mortgagee by ¡¡ny appropriate suit, action or proceeding. The J'vlol1gagee shall be elllitled to a receiver for the property and all rents, income and pronts thereof, ¡¡ftCI' such default, including the time covered by foreclosure procecdings alld the period of redcmption and without regnrd to the solvency or insolvcncy of the tvlortgagor, or the then owner of the property, and without regard to the value of the property, or the sufficiency thereof to discharge the indebtedness secured hereby and foreclosure costs. fees and expenses, Such receiver may be appointed by any court of compelcnt jurisdiction upon application, and the appointment of any such receivcr on any sueh application is herehy consented to by Mortgagor, All rents, income and profits of the properly shall be applied by such rtceiver according to Jaw and the orders and directions of the court, Thc terms "foreclosure" and "forcclosc", as us cd hercin, shall include the right of foreclosure by allY suit, ¡Ietion or proceeding at I¡¡w 01' in equity, or by advertisement and sale of the property or in any other manner now or hereal1er provided by Wyoming law, including the power to scll. 5, If the property described hcrein is sold under foreclosure or otherwise and the proceeds arc insu fficicnt to pay the total indebtedntss hereby secured. thc Mortgagor shall be personally bound (0 pay the unpaid balance of thc note or notes sccurcd hcrcby and any other indcbtedness secured hercby, and the ì'vlortgagce shall be entilled to a deficiency judgment. Juhusnn TrlISls-MafllslulI;k ~h)rtgag~lrl:07 2 000709 000710 6, The acceptance of this mortgage, and the nole or notes it secures. by the Mortgagec shall be ,111 acceptance of the terms alllJ conditions contained herein, 7, The covcnants and agrccmcnts hcrcin cont¡lincd shall bind, and inure to the benefit of; the respective heirs, devisees, legatees. executors, administrators. successors and assigns of the Mortgagor allll the Mortgagee. Whenever uscd the singular number shall include the plural. the plural the singular, and thc use of any gcndcr shall include all genders, g, The Mortgagor shall not create. incur or suffer to exist any other mortgage or other ~iJl}ilnr licn on the property, which is notjUllior to the lien of this mortgage. 9. The Mortgagor shall not be entitled to set-off or nny similar rights against any amounts owed hereundcr llr ulldcr the note or notes secured hereby, 10, If all or any part of the mortgaged property is sold, the repayment of thc emire debt secured hcrcby at closing will be n condition to such sale, convcynnec or transfer. I], Any notice required to be given to any person hereunder or under the note or noles secured hercby shaH be, givcn by delivery or by mailing tIlt' same by cerliticd mail 10 such person at the address nOled above (or to su.:h othcr IIddrcss us shall hllVc beel! specitkd in writing), and notice so mailed shall for all purposes hercof be as effectunl as though served upon sllch party il! pet"son at the timc (If depositing such notice in the mail. IN WITNESS WI-IE ŒOF, Ihis mortgage has been executed by the Mortgago ' us ofthe dnte tirst nbove wrincn, TRIANGLE M RANCH LLC, a Wyoming limiled liability company By: , IJ1 GVI4~~.._.,..,.__._ hack, Sole Mllnnger Ó.!-'KNOJ:Y.LEQGMENT STATE OF /Æ,JL(6fU(N__0.,___,.-.J 6 ~ 7 ) ss. COUNTY OF .,_,·/1C-f),t( ,....,---) f. gJÞ- /'I()Jk.j /( tJ'f/µ Ol!the _ (;:Z day of.s~2007, before 1m, personally came Andrew .J. Mnrllshnck to me known, who, being by me duly sworn, did deposc and say that hc is the sole Mnnager of Triungle M Rilllch LLC, a Wyoming limited liability company, the company described in the loregoing Mortgage nnd who cxccuted the foregoing instrument. and thut he signed his name thercto by order of the Members \lfsaid Comp¡1I1Y. nnd they acknowlcdge that this instrument is the frce act and deed of suid CompallY. WITNESS my hand and ofllcial seal. PENNY DYKES - NOTARY PUBLIC COUNTY OF A& STATE OF TETON WU WYOMING MY COMMISSION EXPIRES 7/512010 (Seàl) My commission expircs: r-.J-¡¡{o/O 11 ~' I '~ ~ï;,t:~Y-I)~ . ,., Prolesslonal Land Surveyor. Paul N, Scherbel Wyo, Regt.fraUon No. 164 Uleh Reglslrallon No. 1610 Idaho Reglstrellon No, 3990 Nevada Registration No, 6805 Scolt A. Scherba! .wyo. RegllfraUon No. 3889 Idaho Reglatl1lllon No, 8026 UlBh ReglllreUon ND. 372111 MARlOWE A. SCHERBEL Wyo, Reg~fratlon No. 5368 Surveyor Scheibel, ~TO. Alton, Wyoming Big Piney. Wyoming Jackson. Wyoming ~aV8 Hot Springs, Idaho Montpelier, Idøho DESCRIPTION FOR JOHNSON MARITAL TRUST, DATED 4 DECEMBER 1995 ATHA L. JOHNSON FAMILY TRUST, DATED 4 DECEMBER 1995 JOHNSON RANCH TRACT 0007:11. To~wit: - - That part of the WYz of Section 1, that part of the EYz of Section 2, the NBY4NBY4 of Section 11 and the NWY4NWY4 of Section 12, T30N RlI9W, and that part of the SEY4NEY4 of Section 35, that part of the SW~NW~, and that part of the SE~ of Section 36, T31N R119W, Lincoln COWlty, Wyoming, it being the intent to more correctly describe those tracts of record in the Office of the Clerk of Lincoln County in Book 656 of Photostatic Records on page 182 and in Book 656 of Photostatic Records on page 184, described as follows: T30N Rl19W All ofGLO Lot 4 of Section 1, T30N R1l9W, Lincoln County, Wyoming, EXCEPTING THEREFROM the north four (4) rods [66.00 feet] of said GLO Lot 4; Encompassing an area of29,68 acres, more or less; All of the SWY-.NWY4 and all of the WYíSWY4 of Section 1, T30N R119W, Lincoln County, Wyoming; Encompassing an area of 121.55 acres, more or less; All of that tract within Section 1, T30N R119W, Lincoln County, Wyoming, described on the attached exhibit titled, "DESCRIPTION FOR JOHNSON MARITAL TRUST, DATED 4 DECEMBER 1995 ATHA L. JOHNSON FAMILY TRUST, DATED 4 DECEMBER 1995 JOHNSON HOUSE TRACT", dated 15 October 2007; Encompassing an area of 1 0,62 acres, more or less; All of the SE~NEY4 and all of the SEY4SEy.. of Section 2, T30N R119W, Lincoln County, Wyoming; Encompassing as area of 80.74 acres, more or less; All ofthe NBY4NEY4 of Section 11, T30N R119W, Lincoln County, Wyoming; Encompassing an area of 40.62 acres, more or less; All of the NWY-.NWY-. of Section 12, T30N R119W, Lincoln County, Wyoming; Encompassing an area of 40.55 acres, more or less; T31N R119W All of that Parcel D as depicted on that Plat No. 91E with Instrument No. 841167 titled, "PLAT TO ACCOMPANY PARCEL DNISION APPLICATION FOR LORIN A. JOHNSON AND ATHA L. JOHNSON WITHIN THE EY:zNEY-. SECTION 35 WYzNWy.. SECTION 36 T31N R119W LINCOLN COUNTY, WYOMING", Encompassing an area of23.47 acres, more or less; "Modification in any way of the foregoing description terminates liability of the surveyor" __..._..fl..__.....__~_._..___.__..............__~_______ Pro'esllonal Land SuMlyore Paul N. Sc:helbaI Wyo. Reglsl1aUon No, 164 UI8I1 Reglslnlllon No, 1610 Idaho Reglslnlllon No. 39110 Nevada Reglslnlllon No, 6ð05 Sc:ott A. Scherbal Wyo. ReglstraUon No, 3389 Idaho Reglstrallon No, 8028 UI8I1 Reglalnl~on No. 372111 MARLOwe A. SCHERBEL Wyo, Ragtelnl~on No, 5368 S~eyor Scherbal. LTD, Anon. Wyoming Big Piney, Wyoming Jackson, Wyoming Laya Hot Springs, Idaho Monlpellar, Idaho DESCRIPTION FOR ' JOHNSON MARITAL TRUST, DATED 4 DECEMBER 1995 ATHA L. JOHNSON FAMILY TRUST, DATED 4 DECEMBER 1995 JOHNSON RANCH TRACT ,PAGE TWO 000712 All of that Parcel B as depicted on that Plat No. 91~C with fustrument No. 810034 titled "PLAT TO ACCOMPANY PARCEL DNISION APPLICATION FOR LORIN A. JOHNSON AND ATHA L. JOHNSON IDENTICAL WITH THE NW~SWY4 SECTION 36 T31N Rl19W LINCOLN COUNTY, WYOMING". Encompassing an area of 18.81 acres, more or less; All of the EYzSW~ of said Section 36, EXCEPTING THEREFROM those tracts described on the attached exhibits titled, "DESCRIPTION FOR REYNOLD R. JOHNSON AND JOY J, JOHNSON REVOCABLE TRUST, DATED 2 FEBRUARY 1993 REYNOLD JOHNSON EAST HOUSE TRACT", dated 30 October 2007; and "DESCRIPTION FOR REYNOLD R. JOHNSON AND JOY J. JOHNSON REVOCABLE TRUST, DATED 2 FEBRUARY 1993 REYNOLD JOHNSON WEST HOUSE TRACT", dated 30 October 2007. Encompassing an area of76.89 acres, more or less; ENCOMPASSING a total area of 442.93 acres, more or less; all in accordance with the plat prepared to be fùed in the Office of the Clerk of Lincoln County titled, "JOHNSON MARITAL TRUST, DATED 4 DECEMBER 1995 ATHA L. JOHNSON FAMILY TRUST, DATED 4 DECEMBER 1995 PLAT OF BOUNDARY WYz SECTION 1 EYz SECTION 2 NEY~~ SECTION 11 NW~NW~ SECTION 12 T30N R119W SEY4NE~ SEC 0 35 WYz SECTION 36 T31N R119W LINCOLN I ' CO Y WY02date ~ Wy2007, ..revised. "Modification in any way of the foregoing description terminates liability of the surveyor" .---.--- Professional lAnd Surveyors Paul N, Scherbel Wyo, Reglltallon No. 184 UIah Reglatralion No, 1670 Idaho ReglslraUon No. 3990 Nøvada RoglstraUon No, 8805 Scoll A. Scherbtl Wyo, Reglslraflon No. 3689 Idaho RoglstraUon No, 8026 Utah Reglstrallon No. 372111 MARlOWe A. SCHERBEL Wyo, Reglatrallon No, 6368 Surveyor Scherl>e~ lTD. Alton, Wyoming BI9 PIney, Wyoming Jackson, Wyoming lava HoI Springs, Idaho Monlp<lUer, Idaho DESCRIPTION FOR JOHNSON MARITAL TRUST, DATED 4 DECEMBER 1995 ATHA L. JOHNSON FAMILY TRUST, DATED 4 DECEMBER 1995 JOHNSON HOUSE TRACT To-wit: - - 000713 That part of GLO Lot 3 of Section 1, T30N R1l9W, Lincoln COMty, Wyoming, it being the intent to more correctly describe part of that tract of record in the Office of the Clerk of Lincoln County in Book 656 of Photostatic Records on page 184, described as follows: BEGINNING at the northwest comer of said GLO Lot 3; thence N89°-15'-55"E, 820.42 feet, along the north line of said GLO Lot 3, to a spike on the centerline of the Bitter Creek County Road No. 12-140, being the beginning of a non- tangent circular curve to the left with a radius point bearing S16°-51 '-19"E; thence southwesterly, 25.58 feet, along the arc of said curve, through a central angle of 11°-44'-25", with a radius of 124.84 feet, and a chord bearing S67°-16'-28''W, 25.54 feet, to a spike; thence S61°-24'-16"W, 393.09 feet, along the center line of said County Road No 12-140, to a spike, and leave said centerline; thence SII °-01 '-12"E, 31.47 feet, to a point on the south right-of-way line of said County Road No. 12-140; thence COUISing an existing fence line, as follows: S 11 0~01' -12"E, 248.29 feet, to a point; S05°-12'-14"E, 157.44 feet, to a point; S14°-27'-29"W, 129.22 feet, to a point; S200-29' -35"W, 135.15 feet, to a point; S89°-36' -05"W, 211.01 feet, to a point; S82°-12'-01"W, 89.80 feet, to a point; S79°-00' -07"W, 51.32 feet, to a point; S72°-52'-06"W, 62.85 feet, to a point; S13°-26'-02"W, 137,63 feet, to the southwest comer of said GLO Lot 3, and leave said fence line; thence NOOo-08' -20"E, 1046.43 feet, along the west line of said GLO Lot 3, to the CORNER OF BEGINNING; ENCOMPASSING an area of 10.62 acres, more or less; the BASE BEARING for this survey is the west line of the SWŸ4 of Section 6, T30N R118W, being NORTH; it is the intent of this description that the called-for monuments, and not the existing fence lines, control the location of the property lines; "Modification in any way of the foregoing description terminates liability of the surveyor" __O___._H_____O__H__ DESCRIPTION FOR JOHNSON MARITAL TRUST, DATED 4 DECEMBER 1995 ATHA L. JOHNSON FAMILY TRUST, DATED 4 DECEMBER 1995 JOHNSON HOUSE TRACT 000714 PAGE TWO SUBJECT to an easement to Lincoln County for Bitter Creek County Road No. 12-140; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LID AFTON WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TD AFTON WY PLS 5368", with appropriate details; - Professional Land Surveyors Paul N. Scherbel Wyo, RegfslraUon No, 164 UIah Regls!raUon No, 1670 Idaho ReglstraUon No. 3990 Nevada Registration No, 8805 Scotl A. SchBlbeI Wyo. Reglølratlon No. 3889 Idaho Reglatration No, 8026 Utah Røgla~aUoo No. 312111 MARLOWE A. SCHERBEL Wyo, Reglslrallon No. 53ð8 Surveyor Scherbel, LTD. Alton, Wyoming 81g Piney, Wyoming , Jockson, Wyoming Lava Hot Springs, Idaho MonlpeUer. Idaho DESCRIPTION FOR REYNOLD R. JOHNSON AND JOY J. JOHNSON REVOCABLE TRUST DATED 2 FEBn,UARY 1993 ' REYNOLD JOHNSON EAST HOUSE TRACT 00071.5 EXCEPTING THEREFOM THE FOLLOWING TRACT OF LAND To-wit: - - That part of the SEY4SWY.. of Section 36, T31N Rl19W, Lincoln County, Wyoming, it being the intent to more correctly describe part of those tracts of record in the Office of the Clerk of Lincoln County in Book 376 of Photostatic Records on page 188, and in Book 489 of Photostatic Record on page 689 as follows: BEGINNING at the southeast comer of said SE~SWY..; thence S89°-1S'-S5"W, 157.30 feet, along the south line of said SEY..SWY4, to a point; thence NOoo-ll'16"E, 416,03 feet, along a line parallel with the east line of said SEY4SWY.., to a point on an existing fence line; thence N87°-46' -23"E, 157.42 feet, along said fence line, to a point on the east line of said SEY4SWY..; thence SOoo-1l'-16"W, 420.14 feet, along said east line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 1.51 acres, more or less; the BASE BEARING for this survey is the west line of the SWY-. of Section 6, T30N R118W, being NORTH; it is the intent of this description that the called-for monuments, and not the existing fence lines, control the location of the property lines; SUBJECT to an easement to Lincoln County for Bitter Creek County Road No. 12-140; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TD AFTON WY PLS 5368", with appropriate details; "Modification in any way of the foregoing description terminates liability of the surveyor" -..---..-..-- Pro/eOllanal Lend SUlVeyors Pøul N, Scherbel Wyo. RegtllreUon No, 164 Utah RegIstration No. 1870 Idaho Registration No. 3990 Nevada Reglllrallon No, eeœ Scott A. Scherbel Wyo. ReglllraUon No. 3889 Icleho Regltlratlon No. 8028 Uløh ReglalrøUon No, 372111 MARLOwe A. SCHERBEL Wyo. ReglltraUon No. 5368 Surveyor Scherbel, LTD, Afton, Wyomhg Big Piney, Wyoming Jeckson, Wyoning Lava Hol spri1gs, Idaho MonlpeHet', Idaho 000716 DESCRIPTION FOR REYNOLD R. JOHNSON AND JOY J. JOHNSON REVOCABLE TRUST DATED 2 FEBRUARY 1993 . REYNOLD JOHNSON WEST HOUSE TRACT EXCEPTING THE FOLLOWING TRACT OF LAND To-wit: - - T~at part .of the SEY4SWv.. of Section, 36, T31N R119W, Lincoln County, Wyoming, it bemg the mtent to more correctly descnbe part of those tracts of record in the Office of the Clerk of Lincoln County in Book 376 of Photostatic Records on page 188, and in Book 489 of Photostatic Record on page 689 as follows; BEGINNING at a spike on the south line of said SEY4SWv.., S89°-15'-55"W, 157.30 feet from the southeast comer of said SEY4SWY4j thence S89°-15'-55"W, 157.30 feet, along said south line, to a spike; thence NOoo-25'-45"W, 411.77 feet, along an existing fence line, to a point at a fence comer; thence N87°-46'-23"E, 161.86 feet, along an existing fence line, to a point; thence SOoo-1l'-16"W, 416,03 feet, along' a line parallel with the east line of said SEv..SWv.., to the SPIKE OF BEGINNING; ENCOMPASSING an area of 1.52 acres, more or less; the BASE BEARING for this survey is the west line of the SWv.. of Section 6, T30N R118W, being NORTH; it is the intent of this description that the called-for momunents, and not the existing fence lines, control the location of the property lines; SUBJECT to an easement to Lincoln County for Bitter Creek County Road No. 12-140; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" alwninum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" alW11Ìnum cap inscribed, "SURVEYOR SCHERBEL LTD AFI'ON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "JOHNSON MARITAL TRUST, DATED 4 DECEMBER 1995 ATHA L. JOHNSON FAMILY TRUST, DATED 4 DECEMBER 1995 PLAT OF BOUNDARY WŸ2 SECTION 1 EŸ2 SECTION 2 NEv..NEv.. SECTION 11 NWY4NWY4 SECTION 12 T30N R119W SEY4NEY4 S TION 35 WŸ2 SECTION 36 T31N R119W LINCOLN CO y :2' at4 July 2007. as revised. etober 2007, "Modification in any way of the foregoing description terminates liability of the surveyor" . ....... _._u"_"_.__._...____..._......