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HomeMy WebLinkAbout943994 :]) <?" RECEIVED 12/4/2008 at 4:41 PM RECEIVING # 943994 BOOK: 710 PAGE: 547 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY û00547 6010817352 Slate of Wyoming Spa.e Above 'ibis Une For Recording Data MORTGAGE (With Future Advance Clause) 1. DATE AND PARTIES. 'fhè date of this Mortgage '(Sœurity Instrument) is .1·P.HQQL................................. and the parties. their addresses and laX identifICation numbers, if required, are as follows: MORTGAGOR: WILUAM f. VOGT ANO JEFFIE L VOGT, HUSBAND AND WIFE PO BOX 1175 AFTON. WY 8311 0 o If checked, 'refer to the IIttJIChed Addendum incorporated herein, for additional Mortgagors. theír signatures and aclænwledgments. LENDER: THE BANK OF 8T AR VALLEY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF WYÖMING 384 WASHINGTON STREET PO BOX 8007 AfTON; WY 83110 ( 2. CONVEYANCE. For good and valuable consideration, the receipt and rnfficíency of whiclL Is acknowledged. and to sœure the Sœured Debt (defined below) and Mortgagor's performance UDder this Security Instrument, Mortgagor grants, bargains, conveys. mortgages and warrant5 to LeDder, with power of sale, the following described property: SEE EXHIBIT 'A' ATTACHED HERETO AND MADE APART HEREOF The property is located in ...............................~.I!I.~QU................................. at fIIT!\AV,Ç~J.!~A~IH\'~~.ijlJ \lJ:Q~.~JJ1m........ (COWlty) , ,......'................ .................. ....................., .....,.,.........,.... .4IT.Q~........ ..............., Wyoming ... .....Q:lJ1J1........ (Addr...) (City) (ZIP Code) Together with all righIs. easements, appurtenaDCè5, royaltie.s, mineral rights, oil and gas rights, all water aDd riparian rights, dítches, and water stock and all existÎDg and future improvements, strnctures. fIXtures, and replacements that may now. or at any time In the future. be part of the real estate described above (all referred to as 'Property"). 3. MAXIMUM OBLIGATION LIMIT. The total prlw:ipal amount sœured by this Sœurity Instrument at anyone time sball not exceed $ ]j!.P.qQ..QCI.......................................... This limitation of amount does not include Interest and other fees and charges valldly made pursuant to this Sœurily Instrullltnt. Also, this limitation does not apply to adV8ÐI:eB made uuder the terms of this Sœurity Instrument to protect Leni1er's security and to perform any of the covenants contained in this Sœurity Insttument. 4. SECUJlED DEBT AND F'UTURE ADVANCES. The term 'Secured D.ebt" is defined as follows: A. Debt iDcnrrcd nuder the teD 1B' of all promlssol}' DOte(S), coDtral:t(s) , guaranty(s) or other evidence c¡f debt described below and all their extensions, renewala, modifications or, substitutions. (When reftrtmcing the debts belClW it Is suggested that you Include items such as borrower.r' nomes, note amounts, interest rates, maturity daús, etc.) ONE PROMISSORY NOTE DATED DECEMBER 02, 2008 IN THE AMOUNT OF t 72,000.00 WYOMING - MORTGAGE INOT fOR fNMA. FHLMC. FHA OR VA USE) Cl1894 Bank.,. SyIt1fnl, Inc.. St. Clwd, MN t, ·80o-397~23411 Farm fte~MTG.wy 11/111/94 ~ fp8~ OOû548 B. All future advaoces from Lender to Mortgagor or other future obligatioos of Mortgagor 10 Lender 1UIder any promissory note, contract, guaranty, or other evidençe of debt executed by Mortgagor ìn favor of Lender executed after this Security lnstrumt:nt whèther or not this Securl1¥ Iostrument is. spec:ifu:ally referenced. If more than one person signs this Security IDStrument, each Mortgagor agrees that this Security Imtrument will secure aU future advances and future obligatioos that are given to or iw;urred by any ODe or more Mortgagor, or any one or more Mortgagor and others. All future advaoces and other future obliga1Ù>ns are secured by this Security InstrumeDt evcn though aU or part may not yct be advam:ed. All future advances and other future obllgatioos are secured as If made on the date of this Securl1¥ Instrument. Nothing ìn this Security Instrument shall constitute a commitment 10 make additional or future 10WlS or advances in any amount. Any such commJtr.nent must be agreed to in a lèpaœte writing. C. All obligatioos Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, iocluding, but not limited to, liabilities for overdrafts relating 10 any deposit accouut agreement between Mortgagor and Lender. D. All additlonal SUIDB advam:ed and expeoses Incurred by Lender for Insnring, preserving or otherwise protecting the Property and its value and any other SUIDB advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security IostrumeDt will not secure any other debt if Lender fails to give any required notice of the right of rescission. S. PAYMENTS. Mortgagor. agrees that aU payments under the Secured Debt will be paid when due and ìn accordance with the tel1D8 of the Secured Debt and this Security Iostrument. ó. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreemeut or other lien docmnent that created a prior security interest or eocumbranee on the Property, Mortgagor agrees: A. To make aU payments when due and to perform or comply with all covenants. B, To promptly deliver 10 Lender any notices that Mortgagor receIVes from the holder. C. Not to allow any nwdifu:ation or extension of, nor to request any future advances under any note or agreemeut secured by the lien. document without Lender's prior written. cònsent. 7. CLAIMS AGAINST TITLE. Mortgagor will pay, all taJœa, assessments, liens, encumbrances, lease payments, ground rentl, utilities, and other charges relating 10 the Property when due. Lender may require Mortgagor 10 provide 10 Lender copies of all notJœs, that such amounts are due and the receipts evídencing Mortgagor's pa:ymcut. Mortgagor will defend title 10 the Propcrty agaìDBt any c\a.Îmllhat would impair the lien of this Security Instrument. Mortgagor agrees 10 assign. 10 Lender, as requested by Lender, any rights. claims or defenses Mortgagor may have agaiœt parties who supply labor or materials 10 maintain or improve the Property. 8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immedJate1y due and 'payable npon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right Is subject to the restrlctioos ,imposed by federal law (12 C.P.R. 591). as applicable. This covenant shall mn with the Property and shall remain ìn effect uDtil the Secured Debt Is paid in full and this Security Iostrument is released. 9. PROPERTY CONDrrION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all ~fII that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairmeDt, or deterioration of the Property. Mortgagor will .keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially cbange without Lender's prior written coœent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written coœeDt. Mortgagor will notify Lender of aU demands, proceedings, claims and actions against Mortgagor, and of any loss or damage to the Property. Lender or Lender's agentl may, at Lender's option, enter the Property at any reasonable time for the purpose of Inspecting the Property. LeDden shall give Mortgagor notice at the time of or before an inIIpection specifying a reasonable purpose for the Inspection. Any inspc:ction of the Property shall be entirely for Lender's benefit and Mortgagor will ìn no way rely on Lender's iospection.. 10. AUTHORITY TO PERFORM. If Mortgagor falls to perform any duty or any of the covenants contained In this Security Instrument, Lender may, without notice, perform or cause them 10 be perfooned. Mortgagor appoints Lender 88 attorney in fact 10 sign Mortgagor's IIIIIIIC or pay any amount necessary for perforttUUll:e. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's fallure to perform will not preclude Lender from exercising any of Lender's other rights nnder the law or this Security Instrument. If any construction on. the Property .is discontìnued or not carried on in a reasonable ml1llDer, Lender may take aU stepl necessary' to protect Lender's security interest ìn the Property, including completion of the construction. 11. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargaios. conveys, mortgages and warrants 10 Lender 88 additional security all the right, 'title and interest In and to aoy and all existing or future leases, subleases, and any other written or verbal agæem.ents for the nse and occupancy of ÌUty portion of the Property, Inclnding any e:\tensions, renewals. modlfu:ations or substitutloDS of such agreements (aU referred to as "Leases") and rents, issues and profits (all referred to as "Rents"), Mortgagor will prtUDptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor il not ìn default under the terms of this Security Iostrumeut. ' Mortgagor agrees that this asslgmnent II unmediately effective between the parties to this Security Instrument. Mortgagor agrees that thJs asslgnmeut Is effective as to third parties when Lender talœa affmnative action prescribed by law, and that this assignment. will remain in effect during any redemption pcriod until the Secured Debt is satisfied. Mortgagor agrees that Lender may take actual possession of the property Without the necessl1¥ of commencing legal action and that actual possession is deemed 10 occur when Lender, or Its agent, notifies Mortgagor of default and demands that any tenant pay all future Rents directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver 10 Lender any payment of Rents In Mortgagor's posaession and will receive any Rents In trust for Lender and will not commingle the Rents with any other funds. A11y amounts collected will be applied 8B provided in this Security Instrument. Mortgagor warrants that no default exists under the Leues or any applicable landlord/tenant law. Mortgagor also agrees 10 maintain and require any tenant 10 comply with the temta of the Leases and appJ.ù:able law. .,.84 -""-. ,...., It, Cloud, MN 11-800-3S7-23411 form RI!...TG-WY HI18184 ~.~ (pa(J8~lJ.t .111 úOû549 12. LEASEHOLDSj' CONDOMJNIUMSjPLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of auy leaiJe if this Sec:uri1y Instrument ill on a leaaehold. If the .Property includes a unit In a condomlniom or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planoed unit development. 13. DEFAULT. Mortgagor will be In default if any party oblig'ated on the Sec:ured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under the te[JJJS of Ibis seCurity Instrument or any other document êXecoted for the purpose of creating, securing or gnarantying the Secuœd Debt. A good faith belief by Lender Ibat Lender at any time ìs insecure with ~pèCt'to any person ·or entity obligated on the Secuœd Debt or·lbat the prospect of any payment or the value of the Property is impaired shall also coostÎtnte an event of default. 14. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or olber notices and may establillh time schedules for foreclosure actions. Subject to these, limitations, if any, Lender may accelerate the Secured Debt and foreclose Ibis Security Instrument in a mannt>r provided by law If Mortgagor is in default. At the option of Lende.r, all or auy part of the agreed fees and charges. accrued interest and principal shall become Immediately due, and payable, after giviug notice if required by law, upon the occurrence of a default or anytime thereafter. In addition. Lender shall be entitled to all the remedies provldtid by law, the te[JJJS of the Secured Debt, Ibis Secnrity Instrument and any related documents Includlng, without limitation, the power to sell the Property. All remedies are dlstinçt. comulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity. whether or not expressly set forth. The acceptance by Lender of any som in payment or partial Jll!yment on the Secuœd Debt after the balance IS due or is accelerated or after foreçlosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any extstlng default. By not exercising any remedy on Mortgagor's default, Lellder does not waive Lellder's right to later coosider the event a defaull if it co~nues or happeos again. 15. EXPENSESj ADVANCES ON COVENANTSj ATrORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all, of Lc¡nder's expelise& if Mortgagor breaches any covenant in this Security Instrument. Mortgagor wUl also pay on demand any amount incurred by Lc¡lIder for insuring, inspecting, preserving or otherwise prolecting the Property and Lender's security interest. These expenses will bear interest from the date of the, payment until paid In full at the highest interest rate in effect as provided in the teons of the Secured Debt. Mortgagor agrees to pay all costs and expeoaes Incnrred by Lender in collecting. euforciug Of protecting Lc¡nder's rights and tanedies under tlils Security InstrnmeDt. This amount may Include, but ia not limited to. mlSOnable attorneys' fees. court costs, and olber legal expeoses. This amount does not Im:ludc: attorneys' fees for a salaried employee of,the Lender. This Security Instrument shall remain in effect until released. Mortga~or agrees to pay for auy recordation coats of such release. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. AJ¡ used In ibis section, (1) Environmental Law means, wilbout limitation, the ComprehensIVe Environmental Respoose. Compensation and Liability Act (CERCLA. 42 U.S.C. 9601 et seq.), and all other federal. state and local laws, regulations. ordinances, court orders, attorney general oplDlOos or interpretive letters concerning the publîc heallb, safety, welfare, envirooment or a hazardous substance; and (2) Hazardous Substance means any toxk:, radioactive or hazardous material, waste, pollutant or contaminant which bas characteristics which render the substance dangerous or potentially dangerous to Ibe public heallb, safety, welfare or environment. The ferm includes, without limitation" auy substances· derIDed as "hazardous materìal, " "toxic substances." "hazardous waste" or "hazardous substaw:e" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged In writing to Lellder. no Hazardous Substance is or will be located. stored or released on or in the Property. This restriction docs not apply to small quantities of Hazardous Substances that are generally reçognized to be appropriate for the normal. use tnd malntellllDCC of the Property. B. Rœept as previously disclosed and acknowledged in writing to Lender, Mortgagor alld every tenant have been, are, alld shall rc:main In full compliance with any applicable Enviroomental Law'. C. Mortgagor shall Immediately notify Lender if a rclcase or threatened releaae of a Hazardous Substance occurs on, under or about the Property or there is a violaûon of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remcdìal action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Leader in writing as soon as Mortgagor bas reason to believe there Is any pending or tbreatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 17. CONDEMNATION. Mortgagor will give Lc¡nder prompt notice of any pending or threatened action, by private or public entities to purchase or take anY or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene In Mortgagor's name in any of the above described actIoos or claims. Mortgagor assigos to Lender the proceeds of any award or c1aim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Iostrument. This ass¡goment of proceeds is subject to the tenns of auy prior mortgage, deed of trust, security agreement or other tien document. 18. INSURANCE. Mortgagor shaU keep Property iosured against ,loss by fire, flood, theft and other hazards and risks reasonably associated wllb the Property dne to its type and location. This InsUrance shall be maintained In the amounts and for the periods tbat Lender requires. The insurance carrier providing the iosurance shall be chosen by Mortgagor subject to Lender's approval.. wbich shall not be unreasonably wilhheld. If Mortgagor fails to maintain the coverage descnbcd above. Lender may, at Lellder's option, obtain coverage to protect Lellder's rights in the" Property accordiug to the terms of this Security Ioslrument. All Insurance policies and renewals shall be acceptable to Lellder and shall Include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termlnstlou of the insurance. Lender shall have the right to hold the pollcœs and renewals. If Lender requires. Mortgagor shall immediately give to Lender all '=ip\S of paid preølnms and renewal notÛ:CS. Upon loss, Mortgagor shall give immediate notice to the iosurance carrier and Lender. Lender may make proof of loss if nol made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of Ibe Property or to the Secuœd Debt, whether or not then due, at Lemler's option. Any application of proceeds to principal shall not extend or ChS94·Ban....SY".m..I.."St,CIoud.MN (1""'0-'87-23411 Form."-MTI],WY "/1S184 ~ lpa~ I, ,'ILl COü5S0 postpone the due date of the sclieduJ.ed payment nor' change the amount of any payment, Any excess, will be paid to the Mortgagor. If ~ Property Ia acquired by Lender. Mortgagor's right to any insurance policIes and proceeds resQlting from damage to tlie Property before the acquisition sball pass to Lender to the extent of the Secured Debt immediately before the acquisition. 19. ESCROW FOR TAXES AND INSURANCE. Unless o!berwise provided in a separate agreemenl., Mortgagor will not be required to pay to Lender funds for taxes and insuraw:e în escrow. 20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any fiDalll:iol statement or- information Lender may deem reasonably necessary. Mortgagor agrees'to sign, deliver, and fLle any additiolJ8l documem or ccrtif'œatJons that Lender may ¡:Oßlider necessary to perfect, cootînue. and preserve Mortgagor's obligations under this Seeorlty Instrument and Lender's lien status on the Property. 21. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Seeurity Instrument are joint and individual. If Mortga¡¡or signs this Seeurity Instrument but does not sign an evidence of debt, Mortgagor does so ooly to mortgage Mortgagor's' mtereat in the Property to seeure payment of the Secured Debt and Mortgagor docs not agree to be personally liable on !be Seeured Debt. If this Security Instrument' secures a guaranty between Lender and Mortgagor. Mortgagor agrees to waíve any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. Tbese rights may include, but are not limited to, any antl-deficicw:y or Doe-action laws. Mortgagor agrees tIuIt LeDder and any party to this Security Instrument may extend. modify or make any change in !be terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a ch.anse will not release Mortgagor from the terms of this Security Instrument. The dut/e¡ and benefits of this Security Instrument sball bind and benefit the SUCCC8sors and assigllB of Mortgagor and Lender. 22. APPLICABLE LAW; SEVERABILITY; INTElU'R.ETATION. This'Seeurity Iostrument Is governed by the laws of the jurisdiction, în which Lender ÎB located. -except to the extent othcrwÌle requtred by the laws of the jurladictlon wbere the Property Ìllocatcd. This Seeurity Instrument is complete and fully integrated. Tbis Security Instrument may not be amended or modified by oral agreement. .AIry seetlon in this Security Instrument, attachments. or any agreement related to tbe Secured Debt that ¡:oDflieta with applicable law will not be effective. -unless that law expressly or impliedly permits !be variations by written agreement. If any ~ection of this Security Instrument cannot be enforced according to Ita terms, tIuIt seetlon will be severed and will not affect the enforceability of the remainder of tbia Security lriatrument. WhelU!Ver used. the singular sball include !be plural abd the plural the singular. The captions and headings of the sections of tbis Security Instrument are for convenience oDly, and are not to be nsed to interpret or defUle the terms of this Security Instrnmenl.. Time Is of the essellCC in this Security Iostrument. 23. NOTICE. UDless otherwise required by law; any notice sball be given by delivering it or by mailing It by firat class mall to the appropriate party's, address on page 1 of this Seeurity InstrúØlent, or to any other address designated In writing, Notice to DOC mortgagor will be deemed to be notice to all mortgagors. 24. WAIVERS. Except to the extent prohibited by law. Mortgagor waives any right regarding the mlU.'Sballiog of liens and assets and all homestead exemption rightuelating to the Property. 25. OTHER TERMS. If chcclrcd, !be following are applicable to this Security Instrument: o LIne of Credit. The Secured Debt ,includes a revolving lioe of credit provision. Although the Secured Debt may be redw:ed to a zero balance, this Security Instrumenl. will remain in effect until released. o Co.nstructI.OD Loan. Tbis Security Instrument secures an obligation incurred for the constroction of an improvement on !be Property. o FIxture FUlng. Mortgagor grants to Lender a secmty iÍlterest in all goods tIuIt Mortgagor owns 'now or In !be future aDd that are or will become fixtures related to the Property. This Security Instrument sufficca as a f1DallClog statement and any carbon. photographic or other repr:oductlon may be filed of record for purposes of Article 9 of !be Uniform Commercial Code. o Riders. The covenants and agreerJ1fJDt8 of eacb of the riders checked below are incorporated into and supplement and amend !be terms of this Security InstCU1tlent. [Check all appücable boxes) o Condominium Rider 0 Planned Unit Development Rider 0 Other ..................,..................................... o Additional Terms. SIGNATURES: By signing below. Mortgagor agrees to the terms and covenants contained in this Security Instrument and in any attachmeDt8. Mortgagor also acknowledges receipt of a copy of this Security IlIStrument on the date stated on page 1. "'-.. ' ". -~ "~o .J..- /..-Iv iš~;~) MWÂM'F:Ÿöåi·'·..······· \..\................\ 2,...;\ (Da\;'j·ff ..~~ .~..0................~~JQ:?Å.~ (SlœFlE L. Võtr' ............0·\' (Date) ACKNOWLEDGMENT: STATBOF WYØ!tIJtlJl................................... COUNTY OF . I P.QW....................................,....} ss. (.IadIvWuoI) This ÌIIstluIoent was acknowledged 'before me this .. . .. . JNQ........ day of l!~m"~~ß" ~P.QQ... .. ..... . .. .. .. . .. .... .. .. .. .. .. by w(IJ.IMlJ, VP.IìT;,IWlf.I,. Y.Qer,.ijVIUI&NQAtlJlWIJ:Ç,................,.,..........................,..,..........,...,.....,............,... My coinmIasion expires: I -uu;~~~[~() Ch994 BanÞrt 6.,...,.,... Ino., st. Cloud. MN 11-eOO-3D7·2M 1) Form RE-MTG-WV 11/18/94 (psg" 4 of 41 ¡I'll' OOû551. ACKNOWLEDGMENT State of californi~~M -:-..tT\~ County of t¿1'I \ V on~d-\~ Ò()l)1, - before me~ŒL\f\ ~\~B)A Å- N~liW-'{ PvßllC (insert name and title of the officer) personally appeared j EFF\ ( f1NO \ t" who proved to me on the basis of satisfactory evidence to be the perso s hose name~ re subscrib the within instrume"d acknowledged to ~hat hey, executed the same in . heir uthorized capacity~and that b~~ignatur s on the instrument the perso s' or the entity upon behalf of which the perso~acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . DELIA ARCINEDA , Commllllon # 1701677 JHoIO"¡ PU IIIc . CdI'fOmlo Sðc'amenfO CO\fnty J c:anm. . 2910 ~ ~ - - ~ - }~ ~ ~' - ~~.,~ Signature (Seal) OOû552 EXHIBIT A That part.of Parcel No.1 of record in the Office of the Clerk of Lincoln County in Book 181 of Photostatic Records on page 40, within Lot 2 of Block 29 of the Original Townsite of Atton, described as fo])ows: COMMENCING at an I.L.C. RLS274 Mueller wa.ter cap with hex bolt in the proxbn1ty of the intersection of the center-lines of Fifth' Avenue and Washington Street; thence South 0] °45'56" West, the base bearing fOT this survey, 524.47 feet to a hex bolt described above; thence North 20°39.2' East, 148.5 tèet to the POINT OF BEGINNING idenncaJ witb the southwest corner of said Lot 2 and the Northwest torner ofthat tract of record in the said Office In Book 86 of Photostatic Records on page 403; thence North 01 °54.0 East, 99.00 feet along the west line of said Lot:z to the southwest corner of that tract of record in the said Office In Book 166 of Photostatic Records on page 261; thence South 88°02.3' East, 165.00 feet along the south line of said tract afrecord in Baok 166 to the $outheast'corner of smd tract Qn the east tine of a 16.5 foot alley of record in said Office In 'Book 28 of Deeds on page 305; thence South 011>54.0 Wes4 99.00 feet along said east line to the northeast corner of said tnct of record in Book 86; thence North 88'°02.3' West, 165.00 feet along the north line ot' said tract of record in Book 86 to tbe POINT OF BEGINNING. ;. ~ EXCEPTING that part of the said aUey lying and being situate within the foregoing tract Itescribed In :Book 28 of Deeds on pilge 305 of the records of the Lincoln County Clerk. ., .. ;"1: [:111 JI.