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Home My WebLink About943356 6010817983 RECEIVED 10/31/2008 at 4:25 PM RECEIVING # 943356 BOOK: 708 PAGE: 346 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY (;00346 This form is available electronically. FSA-2455 (12-31-07) U.S. DEPARTMENT OF AGRICULTURE Farm Service Agency Position 1 (Chattel Security) Position 5 (Real Estate Security) SUBORDINATION BY THE GOVERNMENT 1. The United States of America acting through the United States Department of Agriculture (called the "Government") is the owner and holder of the following-described instruments executed by (a) Dennis 0. Nate and Gregory Scott Nate and Gregory Scott and Chynell Nate and Dennis 0, and Terry J. Nate of (b) Lincoln County, State of (c) Wyoming (d) Title of Instrument (e) Date of (f) Date Filed (g) Office Filed (h) Document (i) Page No. Instrument File or Book No. Mortgage 07/03/2007 07/24/2007 Lincoln County Doc. 931546 650 Clerk Book 666 Mortgage 07/03/2007 07/24/2007 Lincoln County Doc. 931547 657 Clerk Book 666 AND, (f) Western AgCre it, FLCA has agreed to loan (k) $ 38,000.00 (called the "Lender") Dennis 0. Nate and Gregory Scott Nate (called the "Borrower") for the following purposes: (m) Refinance of first lienlMortgage executed to Nate Family Trust for $300,000 and allow development of pivot ir~igation system (less NRCS cost share & rebate) $42,886, well $25,000, pump and insta]lation $12,000 and purchase of Western AgCredit stock $1,000 and closing costs in thJ cumulative amount of $5,114 (est) for a total not to exceed $85,000. to (I) --.-...-------- .....~._""'-- ....---."""""'-- (;OV347 FSA-2455 (12-31-07) Page 2 of 3 2. THEREFORE, in consideration of the Lender's agreement to make such loan to Borrower and meet other conditions ofthis subordination, the Government (1) consents to the Borrower obtaining the loan from the Lender for such purposes, and (2) agrees to and does subordinate in favor of the Lender and its successors and assigns its liens of security interests created or evidenced by the above described instruments insofar as they cover the following described property and provided the Lender perfects a lien on this property: See attached legal 3. This subordination is limited to (1) the amount actually loaned by the Lender to the Borrower (principal and accrued interest) for the foregoing purposes, (2) future advances for taxes, insurance, and payments on liens prior to the Lender's lien, and (3) the amount actually advanced for foreclosure costs made by the Lender. Any amount in excess of such amount will not be covered by this subordination unless prior written consent was obtained from the Government for incurring the expenditure in question. 4, The Lender must: a. Incorporate into the Borrower's promissory note a statement that the loan will be in default should any proceeds of the loan funds obtained as a result of this subordination be used (1) for a purpose that will. contribute to the excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as provided by 7 C.F .R. part 1940, subpart G or any successor regulation, or (2) for any purpose not provided for above. b. Obtain a perfected security interest on the above property. c. Give notice offoreclosure as required by the Government 5. FSA offsets under the Debt Collection Act (31 D.S.C. 3711 et seq.) or 7 C.F,R. part 3 have priority over this subordination. 6. When the indebtedness has been satisfied, lender must mark this form "PAID IN FULL" and return it to the Department of Agriculture at the following address: USDA Farm Service Agency Attn: Farm Loan Manager 508 N, Broadway Avenue Riverton, WY 82501 ûOû348 FSA-2455 (12-31-07) Page 3 of 3 7. IN WITNESS WHEREOF, the Government has executed this subordination by signing on on (a) 8th day of (b) October , (c) 20 08 UNITED STATES OF AMERICA U.S. DEPARTMENT OF AGRICULTURE ~O~fre. Û. ~J¿~ REBECCA A. GERLACH BY (d) Farm Loan Specialist TITLE (e) FARM SERVICE AGENCY 8, ACKNOWLEDGMENT STATE OF WYOMING SS: COUNTY OF NATRONA On this 8th day of October, 2008, before me, the subscriber a Notary Public, in and for the above County and State, appeared Rebecca A. Gerlach, Farm Loan Specialist, United States Department of Agriculture, and the person who executed the foregoing instrument, and he/she acknowledged to me that he/she executed the same as the free act and deed of the United States of America, for the uses the purpose therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal at Casper, WY the day and year aforesaid. c:2~~~~. C5u~b NO ARY PUBLIC rt~·e-_- NOTARY PUBLIC JULIE L. CAVES STATE OF 1NYOMING . COUNTY OF CONVERSE _ C2-~~~=.Mar19,2012 My commission expires: 3 - \ c¡ - dO \ d. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its program and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information ( Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at(202) 720-2600 (voice and TOO). To file a complaint of discrimination, write to USDA. Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TOO). USDA is an equal opportunity provider and employer. ~ e . 000655 EXIDBIT 'A' 00ü349 Parcell North End/DA YTON RANCH That part of Tract 119 embracing Lots 24,27,41, and 42 and that part of Tract 123 embracing Lots 22 and 23, Township 25 North, Range 119 West, Lincoln County, Wyoming, lying and being situate southwesterly of the center-line of State Highway 30 as relocated subsequent to 1979; Encompassing an area of 71.79 acres, more or less. Also together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights. Subject to all reservations, easements, and right-of-ways of vision or record. Parcel 2 DAYTON RANCH That part of Tract No. 121, Tract No. 120, and Tract No. 110 of Township 25 North, Range 119 West, Lincoln County, Wyoming bounded and described as follows: On the East by the East line of said Tract No.121; on the North by the North line of said Tract No, 121 and Tract No. 122; on the Northeast by the Southwesterly right-of-way line of State Highway 30; on the Southwest by the Northeasterly right-of-way line of abandoned State Highway 30 N; Excepting therefrom the following described tract: That part of Tract 120 and Tract 121 of Township 25 North, Range 119 West, Lincoln County, Wyoming described as follows: Beginning at the Northwest comer of said Tract No, 121 found as described in the Comer Record filed in the Office of the Clerk of Lincoln County; thence N 89° 10'W, the Base bearing for this survey, 498.80 feet along the North line of said Tract No. 120 to a point of intersection with the North right-of-way line of abandoned State Highway 30 N.; thence Southeasterly, 155.67 feet along the arc of a circular curve to the left through a central angle of 03° 06'49" with radius of2864.58 feet; thence S 50050'E, 527.17 feet along the said line to a point; thence N 39° 1 0.3 'E, 404.63 feet to a point on the South right-of -way line of State Highway 30; thence Northwesterly, 169.27 feet along the arc of a circular curve to the right through a central angle of 01° 15 '11" with radius of 7739.44 feet along said line to a point of intersection with the North line of said Tract No. 121; thence N 89°27.3' W, 156.66 feet along the said North line to the Corner of Beginning; encompassing an area of 4.02 acres, more or less; each point "SURVEYOR SCHERBEL L TO BIG PINEY WY PLS 164" encompassing an area of 34.48 acres, more or less; all in accordance with the plat prepared titled "PLAT TO ACCOMPANY PARCEL DIVISION APPLICATION HARTT WIXOM DAYTON RANCHES, INe. PLAT OF TRACT IN TRACT 120 AND TRACT 121 T 25 N, R 119 W, LINCOLN COUNTY, WYOl\1ING", to be filed in the said Office. ALSO: An irrigation ditch easement for the Groo Canyon water which runs through the excepted parcel in this Deed, as said ilTigation ditch now exists. ",. ../' .,/"." "r " . LESS AND EXCEPT all lands described in deed recorded July 23, 1900 in Book K Deed Record, page 97, records of Lincoln County, Wyoming. ÜOü350 Subject to all reservation, restriction, and easements ofrecord. Together with all improvements and appurtenances thereon situate or in anywise appertaining thereunto. Also together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights. Parcel 3 DAYTON RANCH Those parts of Tract No. 103, Tract No. 110, Tract No. 120, and Tract No, 121 of resurvey Township 25 North, Range 119 West, Lincoln County, Wyoming lying and being situate between the Southwesterly right-of-way line of abandoned and vacated State Highway 30N to its junction with the extant State Highway 30 in Tract No. 103; and the Westerly right-of-way line of said extant Highway 30 in said Tract No, 103; and the Northeasterly right-of-way line of the A Oregon Short Line Railroad Company (Union Pacific Railroad Company) right-of-way; together with a easement for ingress and egress along said abandoned and vacated State Highway 30N as the same is ofrecord in the Office of the Department of Transportation of the State of Wyoming in Cheyenne, Wyoming; Also the two (2) irrigation wheel lines of approximately one quarter (114) mile in length each on said property; and two (2) pumps and electric panels appertaining thereto. Encompassing an area of 555 acres, more or less. Together with all improvements and appurtenances thereon situate of in anywise appertaining thereon. Also together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights.