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HomeMy WebLinkAbout936450 6010716067 Position 5 000614 FSA 1927-1 WY (10-28-03) UNITED STATES DEPARTMENT OF AGRICULTURE Farm Service Agency I MORTGAGE FOR WYOMING THIS MORTGAGE ("instrument") is made on January 18 AND TRACY THORNOCK 20 08 . The mortgagor iSJASON JOHN THORNOCK '- ("Borrower") whose mailing address is P.O. BOX 161, COKEVILLE, WY 83114 . This instrument is given to the United States of America, acting through the Farm Service Agency, United States Department of Agriculture ("Government") located at 508 N. BROADWAY AVE. RIVERTON, WY 82501 This instrument secmes the following promissory notes, assumption agreements, and/or shared appreciation agreements (collectively called "note"), which have been executed or assumed by the Borrower unless otherwise noted, are payable to the Government, and authorize acceleration of the entire debt upon any default: Date of Instrument 1-18-08 Principal Amount 200,000.00 A1ll1ual Rate of Interest 5.0 Due Date of Final Installment 1-18-48 RECEIVED 1/23/2008 at 3:15 PM RECEIVING #. 936450 BOOK: 684 PAGE:(,IL . JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (The interest rate for any limited resource farm ownership or limited resource operating loans secmed by this instrument may be increased as provided in Government regulations and the note.) By execution of this instrument, Borrower acknowledges receipt of all of the proceeds of the loan or loans evidenced by the above note. This instrument secures to the Government: (1) payment of the note and all extensions, renewals, and modifications thereof; (2) recapture of any amount due under any Shared Appreciation Agreement entered into pursuant to 7 U.S. C. § 2001; (3) payment of all advances and expenditures, with interest, made by the Government, and (4) the obligations and covenants of Borrower set forth in this instrument, the note, and any other loan agreements. In consideration of any loan made by the Government pmsuant to the Consolidated Farm and Rmal Development Act, 7 U.S.C. § 1921 ~ seq. as evidenced by the note, Borrower irrevocably mortgages, grants and conveys to the Government the following described property situated in the State of Wyoming, County or Counties of LINCOLN See attached Exhibit A for legal description. together with all rights (including the rights to mining products, gravel, oil, gas, coal or other minerals), interests, easements, fixtures, hereditaments, appurtenances, and improvements now or later attached thereto, the rents, issues and profits thereof, revenues and income therefrom, all water, water rights, and water stock pertaining thereto, and all payments at any time owing to Borrower by virtue of any sale, lease, transfer, or condemnation of any part thereof or interest therein (collectively called "the property"). This instrument constitutes a security agreement and financing statement under the Uniform Commercial Code and creates a security interest in all items which may be deemed to be personal property, including but not limited to proceeds and accessions, that are now or hereafter included in, affixed, or attached to "the property." Borrower COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the property and that the property is unencumbered, except for encumbrances of record. Borrower warrants and will defend the title to the property against all claims and demands, subject to any encumbrances of record. This instrument combines uniform covenants for national use and non-ulÙform covenants with limited variations by jmisdiction to constitute a uniform mortgage covering real property. I . . I \ t - d 't-- (~ -QO mtia:=::!..-- ate a --0 FSA 1927-1 WY (10-28-03) Page 1 of6 UNIFORM COVENANTS. Borrower COVENANTS AND AGREES as follows: 000S15 1. Payment. Borrower shall pay promptly when due any indebtedness to the Government secw-ed by this instrument. 2. Fees. Borrower shall pay to the Govenunent such fees and other charges that may now or later be required by Government regulations. 3. Application of payments. Unless applicable law or Govenunent's regulations provide otherwise, all payments received by Government shall be applied in the following order of priority: (a) to advances made under this instrument; (b) to accrued interest due under the note; (c) to principal due under the note; (d) to late charges and other fees and charges. 4. Taxes, liens, etc. Borrower shall pay when due all taxes, liens, judgments, encumbrances, and assessments lawfully attaching to or assessed against the property and promptly deliver to the Govenunent without demand receipts evidencing such payments. 5. Assignment. Borrower grants and assigns as additional secw-ity all the right, title and interest in: (a) the proceeds of any award or claim for damages, direct or consequential, in connection with any condenmation or taking by eminent domain or otherwise of any part of the property, or for conveyance in lieu of condenmation; (b) all bonuses, rentals, royalties, damages, delay rentals and income that may be due or become due and payable to the Borrower or Borrower's assigns under any existing or future oil, gas, mining or mineral lease covering any portion of the property; and (c) all rents, issues, profits, income and receipts from the property and from all existing or future leases, subleases, licenses, guaranties and any other agreements for the use and occupancy of any portion of the property, including any extensions, renewals, modifications or substitutions of such agreements. Borrower warrants the validity and enforceability of this assignment. Borrower authorizes and directs payment of such money to the Govenunent until the debt secw-ed by this instrument is paid in full. Such money may, at the option of the Government, be applied on the debt whether due or not. The Govenunent shall not be obligated to collect such money, but shall be responsible only for amounts received by the Govenunent. In the event any item so assigned is detennined to be personal property, this instrument will also be regarded as a security agreement. Borrower will promptly provide the Govenunent with copies of all existing and future leases. Borrower warrants that as of the date of executing this instrument no default exists under existing leases. Borrower agrees to maintain, and to require the tenants to comply with, the leases and any applicable law. Borrower will obtain the Govenunent's written authorization before Borrower consents to sublet, modify, cancel, or otherwise alter the leases, or to assign, compromise, or encumber the leases or any future rents. Borrower wíll hold the Govenunent hannless and indenmify the Govenunent for any and all liability, loss or damage that the Govenunent may incur as a consequence of this assig~ent. 6. Insurance. Borrower shall keep the property insured as required by and under insw-ance policies approved by the Govenunent and, at its request, deliver such policies to the Govenunent. Ifproperty is located in a designated flood hazard area, Borrower also shall keep property insured as required by 42 U.S. C. § 400 I tl..~. and Govenunent regulations. All insw-ance policies and renewals shall include a standard mortgagee clause. 7. Advances by Government. The Government may at any time pay any other amounts required by this instrument to be paid by Borrower and not paid by Borrower when due, as well as any cost for the preservation, protection, or enforcement of this lien, as advances for the account of Borrower. Advances shall include, but not be limited to, advances for payments of real property taxes, special assessments, prior liens, hazard insurance premiums, and costs of repair, maintenance, and improvements. All such advances shall bear interest at the same rate as the note which has the highest interest rate. All such advances, with interest, shall be immediately due and payable by Borrower to the Government without demand. No such advance by the Government shall relieve Borrower from breach of Borrower 's covenant to pay. Any payment made by Borrower may be applied on the note or any secured debt to the Government, in any order the Government determines. 8. Protection of lien. Borrower shall payor reimbw-se the Govenunent for expenses reasonably necessary or incidental to the protection of the lien and its priority and the enforcement or compliance with this instrument and the note. Such expenses include, but are not limited to: costs of evidence of title to, and survey ot: the property, costs of recording this' and other instruments; attorneys' fees; trustees' fees, court costs; and expenses of advertising, selling, and conveying the property. 9. Authorized purposes. Borrower shall use the loan evidenced by the note solely for pwposes authorized by the Government. 10. Repair and operation of property. Borrower shall: (a) maintain improvements in good repair; (b) make repairs required by the Govenunent; (c) comply with all fann conservation practices and fann management plans required by the Govenunent, and (d) operate the property in a good and husbandlike maIUler. Borrower shall not (e) abandon the property; (1) cause or permit waste, lessening or impairment of the property; or (g) cut, remove, or lease any timber, gravel, oil, gas, coal, or other minerals without the written consent of the Government, except as necessary for ordinary domestic pwposes. 11. Legal compliance. Borrower shaH comply with all laws, ordinances, and regulations affecting the property. 12. Transfer or encumbrance of property. Except as provided by Government regulations, the Borrower shall not lease, assign, sell, transfer, or encumber, voluntarily or otherwise, any of the property without the written consent of the Government. The Govenunent may grant consents, partial releases, subordinations, and satisfactions in accordance with Government regulations. .J Æ~ (-(8- Initial date Ø8 ~ FSA 1927-1 WY (10-28-03) Page 2 of6 13. Inspection. At all reasonable times the Govermnent may inspect the property to ascertain whether the covenants and agreements contained in this instrument are being perfonned. 000616 14. Hazardous substances. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any hazardous substances on or in the property. The preceding sentence shall not apply to the presence, use, or storage on the property of small quantities of hazardous substances that are generaUy recognized to be appropriate to normal use and maintenance of the property. Borrower covenants that Borrower has made full disclosure of any such known, existing hazardous conditions affecting the property. Borrower shall not do, nor allow anyone else to do, anything affecting the property that is in violation of any federal, state, or local envirownentallaw or regulation. Borrower shall promptly give the Govermnent written notice of any investigation, claim, demand, lawsuit or other action by any govermnental or regulatory agency or private party involving the property and any hazardous substance or envirownentallaw or regulation of which Borrower has actual knowledge. If Borrower learns, or is notified by any govenunental or regulatory authority, that any removal or other remediation of any hazardous substance affecting the property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with applicable envirownentallaw and regulations. As used in this paragraph, "hazardous substances" are those substances defined as toxic or hazardous substances by envirownentallaw and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, t9xic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials. As used in this paragraph, "envirownentallaw" means Federal laws and regulations and laws and regulations of the jurisdiction where the property is located that relate to health, safety or envirownental protection. 15. Adjustment; release; waiver; forbearance. In accordance with Govermnent regulations, the Government may (a) adjust the interest rate, payment, terms or balance due on the loan, (b) increase the mortgage by an amount equal to deferred interest on the outstanding principal balance, (c) extend or defer the maturity of, and renew and reschedule the payments on the note, (d) release any party who is liable W1der the note from liability to the Government, (e) release portions of the property and subordínate its lien, and (0 waive any other of its rights under this instrument. Any and all of this can and will be done without affecting the lien or the priority of this instrument or Borrower's liability to the Government for payment of the note secured by this instrument UlÙess the Govermnent provides otherwise in writing. HOWEVER, any forbearance by the Government _ whether once or often - in exercising any right or remedy W1der this instrument, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 16. Graduation. If the Govenunent detennines that Borrower may be able to obtain a loan from a responsible cooperative or private credit source at reasonable rates and terms for loans for similar pwposes and periods of time, Borrower will, upon the Govermnent's request, apply for and accept such a loan in sufficient amoW1t to pay the note secured by this instnunent ånd to pay for stock necessary to be purchased in a cooperative lending agency in connection with such loan. 17. Forfeiture. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begW1 that in the Government's good faith judgment could result in forfeiture of the property or otherwise materially impair the lien created by this instrument or the Government's security interest. Borrower may cure such default by causing the action or proceeding to be dismissed with a ruling that precludes forfeiture of the Borrower's interest in the property or other material impairment of the lien created by this security instrument or the Government's security interest. 18. False statement. Borrower also shall be in default if Borrower, during the loan application process, gave materially false or inaccurate infonnation or statements to the Government (or failed to provide the Government with any material infonnation) in connection with the loan evidenced by the note. 19. Cross Collateralization. Default under this instnunent shall constitute default under any other security instrument held by the Government and executed or assumed by Borrower. Default under any other such security instrument shall constitute default W1der this instrument. 20. Highly erodible land; wetlands. Any loan secured by this instrument will be in default if Borrower uses any loan proceeds for a pwpose that will contribute to excessive erosion ofhighIy erodible land or to the conversion of wetlands to produce an agricultural commodity as provided in 7 C.F.R. part 1940, subpart G, or any successor Government regulation. 21. Non-discrißÙnation. If any part of the loan for which this instrument is given shall be used to finance the purchase, construction or repair of property to be used as an owner-occupied dwelling (herein called "the dwelling") and if Borrower intends to sell or rent the dwelling and has obtained the Govermnent's consent to do so (a) neither Borrower nor anyone authorized to act for Borrower will, after receipt of a bona fide offer, refuse to negotiate for the sale or rental of the dwelling or will otherwise make W1available or deny the dwelling to anyone because of race, color, religion, sex, national origin, disability, fauùlial status or age, and (b) Borrower recognizes as illegal and hereby disclaims, and will not comply with or attempt to enforce any restrictive covenants on the dwelling relating to race, color, religion, sex, national origin, disability, fauùlial status or age. ~ (-S .....ða.. Initial ~ date G' ~ FSA 1927-1 WY (10-28-03) Page 3 of6 22. Notices. Notices given under this instrument shall be sent by certified mail unless otherwise required by law. Such notices shall be addressed, unless and until some other address is designated in a notice, in the case of the Government to the State Executive Director of the Farm Service Agency at the mailing address shoWD above, and in the case of Borrower at the address shown in the Govenunent's Finance Office records (which normally will be the same as the mailing address shown above). 23. Governing law; severability. This instrument shall be governed by Federal law. Ifany provision of this instrument or the note or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this instrument or the note which can be given effect without the invalid provision or application. The provisions of this instrument are severable. This instrument shall be subject to the present regulations of the Government, and to its future regulations not inconsistent with the express provisions hereof. All powers and agencies granted in this instrument are coupled with an interest and are irrevocable by death or otherwise, and the rights and remedies provided in this instrument are cwnulative to remedies provided by law. 24. Successors and assigns; joint and several covenants. The covenants and agreements of this instrument shall bind and benefit the successors and assigns of Government and Borrower. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this instrument but does not execute the Note: (a) is co-signing this instrument only to mortgage, grant and convey that Borrower's interest in the property under this instrument; (b) is not personally obligated to pay the sums secured by this instrument; and (c) agrees that the Government and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the tenns of this instrument or the note without that Borrower's consent. 25. No merger. Ifthis instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the property, the leasehold and the fee title shall not merge unless the Govenunent agrees to the merger in writing. If the property is conveyed to the Govenunent, title shall not merge (unless the Govenunent elects otherwise) and the lien provided under this instrument shall not be affected by such conveyance. 26. Time is of the essence. Time is of the essence in the Borrower's performance of all duties and obligations under this instrument. NON-UNIFORM COVENANTS. Borrower further COVENANTS AND AGREES as follows: 0006:1·7 27. Default; death; incompetence; bankruptcy. Should default occur in the performance or discharge of any obligation in this instrument or secured by this instrument, or should the Borrower die or be declared incompetent, or should the Borrower be discharged in bankruptcy or declared an insolvent or make an assignment for the benefit of creditors, the Government, at its option, with or without notice, may: (a) declare the entire amount unpaid under the note and any debt to the Govemment hereby secured immediately due and payable, (b) for the account of Borrower incur and pay reasonable expenses for repair or maintenance of, and take possession of, operate or rent the property, (c) upon application by it and production of this instrument, without other evidence and without notice of hearing of said application, have a receiver appointed for the property, with the usual powers of receivers in like cases, (d) foreclose this instrument and sell the property as prescribed by law, and (e) enforce any and all other rights and remedies provided herein or by present or future law. 28. State law. Borrower agrees that the Govenunent will not be bound by any present or future State laws, (a) providing for valuation, appraisal, homestead or exemption of the property, (b) prohibiting maintenance of any action for a deficiency judgment or limiting the amount thereof or the time within which such action must be brought, (c) prescribing any other statute of limitations, (d) allowing any right of redemption or possession following any foreclosure sale, or (e) limiting the conditions which the Govenunent may by regulatio'n impose, including the interest it may charge, as a condition of approving a transfer of the 'property to a new Borrower. Borrower expressly waives the benefit of any such State laws. 29. Assignment of leases and rents. Borrower agrees that the assignment of leases and rents in this instrument is immediately effective on the recording of this instrument. Upon default, the Borrower will receive any rents in trust for the Govenunent, and Borrower will not corruningle the rents with any other funds. Any amounts collected shall be applied at the Government's discretion fIrst to costs of managing, protecting and preserving the property, and to any other necessary related expenses. Any remaining amounts shall be applied to reduce the debt evidenced by the note(s). Borrower agrees that the Govenunent may demand that Borrower and Borrower's tenants pay all rents due or to become due directly to the Government ifthe Borrower defaults and the Government notifies Borrower of the default. Upon such notice, Borrower will endorse and deliver to the Govenunent any payments of rents. If the Borrower becomes subject to a bankruptcy, then Borrower agrees that the Govenunent is entitled to receive relief from the automatic stay in bankruptcy for the purpose of enforcing this assignment. 30. Application of foreclosure proceeds. The proceeds of foreclosure sale shall be applied in the following order to the payment of: (a) costs and expenses incident to enforcing or complying with this instrument, (b) any prior liens required by law or a competent court to be so paid, (c) the debt evidenced by the note and all other debt to the Government secured by this instrument, (d) inferior liens of record required by law or a competent court to be so paid, (e) at the Government's option, any other debt of Borrower to the Govenunent, and (f) any balance to Borrower. If the Govenunent is the successful bidder at foreclosure or other sale of all or any part of the property, the Government may pay its share of the purchase price by crediting such amount on any debts of Borrower owing to the Government in the order prescribed above. Initial -4' date (- (8 -~ FSA 1927-1 WY (10-28-03) Page 40f6 ~\ 31. Power of Sale. At the option of the Government this mortgage may be foreclosed by action or advertisement Wlder Power of Sale as provided by law and statute, and Borrower here irrevocably vests in the Government the statutory Power of Sale. 32. Surplus Proceeds. Borrower hereby assigns to the Government all Borrower's rights Wlder Wyoming law, or any other legal authority, to surplus proceeds and/or surplus funds remaining after the sale of the security property Wlder statutory Power of Sale procedures or any foreclosure sale, or similar sale, exercised by any foreclosing or other party and hereby waives any claim against any officer or any other person making such sale for paying said surplus to the Government. úOO~:18 33. Grazing Permits. Borrower hereby assigns or waives in favor of the Government all grazing privileges, pennits, licenses, or leases appurtenant to or used in connection with said land, and Borrower further covenants and agrees to execute any and all fonns and documents that may be necessary and/or required by Government to effect said assigrunent or waiver and further covenants and agrees to procure renewals thereof prior to their expiration and to pay all fees and charges and to perform all acts and do things necessary to keep and preserve all said grazing rights and renewals thereof, and in the event of the failure of Borrower to do any of these things these the Government may do so on behalf of Borrower, including advancing such sums as may be necessary for this purpose, and such funds advanced shall be secured by the instrument. By signing below, Borrower accepts and agrees to the tenns and covenants contained in this instrument and in any rider executed by Borrower and recorded with this instrument. / ;¡::2 - ¿ ~L) JASON JOHN THORNOCK (SEAL) ~'~~~~L) TRACY THO OCK (SEAL) ACKNOWLEDGMENTS STATE OF WYOMING COUNTY OF ~ } SS. 18th (Individual) ~ .. .. :].00 g, before me, the undersigned, personally appeared to be known to me to be same whose name is subscribed i:hat (he or she) signed and delivered the instrument as (his or her) free and voluntary My conunission expires: q - 15 - IJ NOTARY PUBLIC ~~/~~ NOTARY PUBLIC County of . Lincoln State of Wyoming M Commission Expires' Soptember 15, ~011 Note: Page 6 of 6 applies (II entities only and /IIü/ /lot be recorded for i/ldividuals, InitiaI~ate (-e~ FSA 1927-1 WY (10-28-03) Page 5 of6 '\\ STATE OF WYOMING COUNTY OF ~} ss. (Corporation) The foregoing ínstnunent was acknowledge before me this , President and of , a corporation. My cOIDnÙssion expires: STATE OF WYOMING COUNTY OF } ss. (Partnership) The foregoing instrument was acknowledged before me this , Partners, on behalf of the partnership. My commission expires: lniti'¡~te H8-qq day of day of 00061.9 , by , Secretary corporation, on behalf of the NOTARY PUBLIC , by , a NOTARY PUBLIC FSA 1927-1 WY (1O-28-03) Page 60f6 Exhibit A File 6010716067 Description 000S20 The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and is described as follo\vs: Parcell Resurvey Township 24 North Range 119 West of the 6th P.M., Lincoln County Wyoming Section 6: That part of Lot 18 of Section 6; and that part of Resurvey Tract 109 lying 'Westerly of the centerline of the Bear River; and, Lots 49 and 50; Section 7: Lots 12,23 and 24, and that part of Tract 121 lying Westerly of the centerline of the Bear River; Resurvey Township 24 North Range 119 West and Resurvey Township 24 North Range 120 West of the 6th P.M., Lincoln County, Wyoming. Those portions of Tracts 84, 85 and 86 lying Westerly of the centerline of Bear River described as follows: BEGINNING at Tract corne¡' 6/85 and 3/84 in Township 24 North Range 119 West of the 6th P.M.; and, running thence East 205 feet to the center ofthe Bear River; thence North 39°30' West, 690 feet; thence North 23°45' West, 496 feet; thence North 27°30' West, 460 feet; thence North 21 ° West, 264 feet; thence North 14° West, 125 feet; thelll'e North 33°30' West, 374 feet; thence North 46° West, 320 feet; thence North 36° West, 405 feet; thence N(nth 38°45' West, 169 feet; thence North 4°30' West, 310 feet; thence North 5°30' East, 723 feet; thence North 43° I~ast, 285 feet; thence North 22°30' East, 484 feet; thence North 8°30' East, 698 feet; thence West 1653 feet; thl'nce Sonth 44' East, 2674 feet; thence East, 1320 feet; thence South 44' East, 2799 feet; thence I~ast, 1320 feet to the PLACE OF BEGINNING. ~(-- 0 , ~L 000621 Resurvey Township 24 North Range 120 West of the 6th P.M., Lincoln County, Wyoming Section I: South Half of the Southeast Quarter; Section 3: Lot 9" East of property line/fence line as describe by Suveyor Scherbel, L TD on thc Map ·ccorded in the Lincoln County Clerk's Office as Map 21C on January 5,1994; Section 9: Lot 7, South of the property line/fence line as describe by Surveyor Scherbel, L TD on the Map recorded in the Lincoln County Clerk's Office as Map 21C on January 5, 1994; Section 12: Northeast Quarter; Section 14: Northwest Quarter of the Northwest Quarter; Resurvey Tracts 41 A, 41 C and 41 D, and Resurvey Tract 45; That part of Resurvey Tract 130 lying westerly of the centerline of the Bear River ,',\ Resurvey Township 25 North Range 119 West of the 6th P.M., Lincoln County, Wyoming Section 21: Lots 30, 32 and 34; Section 28: Lots 2, 4, 5, 7,11,13,16,34 and 40; Section 29: Lots 34, 36 and 37; Section 31: That part of Lot 5, lying North of the property line/fence line as described by Surveyor Scherbel, L TD on the Map recorded in the Lincoln County Clerk's Office as Map 21 C on January 5, 1994 Section 32: Lot 7 Section 33: Lots 8, 9,14, 15,25,26,32 and 42; That part of Resurvey Tract 61, lying West ofthe Oregon Shortline Railroad right of way. LESS AND EXCEPT the land described in WalTanty Deed recorded September 28, 2007 in Bool.. 673 on page 792 of the records of the Lincoln County Clerk. " , That part of Rcsurvey Tract 53 lying East of the property line/fence line as described by Surveyor Scherbel, L TD on the Map recorded in the Lincoln County Clerk's Office as Map 21 (' on January 5, 1994. Rcsurvey Tract 56; Resurvey Tract 57; Resun'ey Tract 58; and Resurvey Tract 59 Resnrvey Tract 60 and that portion of Resurvey Tract 76 lying Westerly of the centerline of the Bear River. South Half of Tract 80 B and South Half of Tract 81, described as follows: Beginning at the Southeast corner of Tract 80 B and running thence North 16' West, 40.70 chains; thence South 89°19' West, 20 chains; thence West 20 chains; thence South 16" East, 40.80 chains to the Southwest corner of Tract 81; thcnce East 20 chains to the Southwest corner of Tract 80 B; (hence North 88°38' East, 20 chains to the point of beginning. All that part of Resurvey Tract 129 lying Westerly of the centerline of Bear River. :sr -(\ I ! ~ 000622 Parcel 2 That part of Tract No. 61 of Resurvey Township 25 North, Range 119 West, Lincoln County, Wyoming bounded and described as follows: on the North line by the North line of said Tract No. 61; on the South by the South line of said Tract; on the West by the thread of the channel of the Bear River and the West line of said Tract; and on the East by the West right-or.way line of the Oregon Short Line Railroad; EXCEPTING THEREFROM that tract of record in the Office ofthe Clerk of Lincoln County in ßook 25 of Deeds on page 460 as conveyed to the Union Pacific Railroad Company. t 4 ...,' ~