HomeMy WebLinkAbout944417
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RECEIVED 12/30/2008 at 1 :06 PM
RECEIVING # 944417
BOOK: 712 PAGE: 198
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
ûOû:198
FSA-460-2
(12-19-05)
U.S. DEPARTMENT OF AGRICULTURE
Farm Service Agency
Fonn Approved - OMB No. 0560-0158
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 (caJIed the
"Government") is the owner and holder of the following-described instruments executed by (a) Jason John Thornock
& Tracy Thornock
of (b) Lincoln County,
State of (c) Wyoming
Title of Instrument Date of Date Filed Office Filed Document File or Page No.
Instrument Book No.
j (d) (e) (f) (g) (h) (i)
RE Mortgage 1/18/2008 1/23/2008 Lincoln County Clerk #936450 Book Page 614
684 =
RE Mortgage 5/6/2008 5/12/2008 Lincoln County Clerk #938917 Book Page 291
694
AND, OJ State of Wyoming State Loan & Investment Board (called the "Lender")
has agreed to Joan (Ie) $ 750,000.00 to (I) Jason John Thornock & Tracy Thornock
(called the "Borrower") for the following purposes: (m)
Refinance Zions Ag Finance, loan fees, and payment to Farm Service Agency.
"The lender's loan must not be a revolving line of credit."
OO~~99
FSA-460-2 (12-19-05)
Page 2 of3
2. THEREFORE, in consideration of the Lender's agreement to make such loan to Borrower and meet other
conditions of this 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:
Se~~btached.Exhibit A.
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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 of foreclosure as required by the Government.
5. FSA offsets under the Debt Collection Act (31 U.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:
Farm Service Agency
508 N Broadway
Riverton, WY 82501
00'"
h .<,v200
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FSA-460-2 (12-19-05)
Page 3 of3
7. IN WITNESS WHEREOF, the Government has executed this subordination by signing on
the (a) 24th day of (b) December ,(c) 20 08
UNITED ST
BY
TITLE
(e)
Farm Loan Chief
D
8. ACKNOWLEDGMENT
STATE OF WYOMING
SS:
COUNTY OF NATRONA
On this 24th day of December 2008, before me, the subscriber a Notary Public, in and
for the above County and State, appeared David A. Gunderson, United States
Department of Agriculture, and the person who executed the foregoing instrument, and
he acknowledged to me that he 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.
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My commission expires: 3-19-2012
NOTE: The following statements are made in accordance with the Privacy Act of 1974 (5 USC 552a): the Farm Service Agency (FSA) is authorized
by the Consolidated Farm and Rural Development Act, as amended (7 USC 1921 et seq.) or other Acts, and the regulations promulgated
thereunder, to solicit the information requested on its application forms. The information requested is necessary for FSA to determine
eligibility for credit or other financial assistance, service your ioan, and conduct statistical analyses. Supplied information may be fumished
to other Department of Agriculture agencies, the Internal Revenue Service, the Department of Justice or other law enforcement agencies,
the Department of Defense, the Department of Housing and Urban Development, the Department of Labor, the United States Postal Service,
or other Federal. State. or local agencies as required or permitted by law. In addition, information may be referred to interested parties unde
the Freedom of Information Act (FOIA), to financial consultants, advisors, lending institutions, packagers, agents, and private or commercial
credit sources, to collection or servicing contractors, to credit reporting agencies, to private attorneys under contract with FSA or the
Department of Justice, to business firms in the trade area that buy chattel or crops or sell them for commission, to Members of Congress or
Congressional staff members, or to courts or adjudicative bodies. Disclosure of the information requested is voluntary. However, failure to
disclose certain items of information requested, including your Social Security Number or Federal Tax Identification Number, may result in a
delay in the processing of an application or its reject/on.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and e person is not required to respond to, a
collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is
0560-0158. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. RETURN THIS COMPLETED FORM TO YOUR COUNTY FSA OFFICE.
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 orienlation, 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 TDD). 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 (TOD). USDA is an
equal opportunity provider and employer.
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·oÓÒ201.
00ú202
Exhibit A
File 60] 0716067 Description
OOOS20
The land referred to in this document is situated in the State of Wyoming, County of Lincoln, and IS
described as f01l0ws:
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
Wcsterly or the ccnterline 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
ccnterline of the Beal- River;
Resurvey Township 24 North Range 119 West and Resurvey Township 24 North Range
120 West of the 6th P.M., Lincoln County, Wyoming.
Thosl' portions of Tracts 84, 85 and 86 lying Westerly of the centerline of Bear River described
as follows:
BEGINNING at Tract corner 6/85 and 3/84 in Township 24 North Range 119 West of the 6th
P.I\1,; and, running thcnce East 205 feet to the center of the Bear River;
thcnce North 39°30' West, 690 feet;
thcnce North 23°45' West, 496 feet;
theuce North 27°30' West, 460 feet;
thence North 21° West, 264 feet;
thcnce North 140 'Vest, 125 feet;
thence North 33°30' Wcst, 374 feet;
thence North 46° West, 320 feet;
thcuce North 36° 'Vest, 405 feet;
thence North 38°45' West, 169 feet;
thence North 4°30' West, 310 feet;
thence North 5°30' East, 723 feet;
thcnce North 43° East, 285 feet;
thence North 22°30' East, 484 feet;
thence North 8°30' East, 698 feet;
thence West 1653 feet;
thcnce South 44' East, 2674 feet;
thcnce I~as , 1320 feet;
thence South 44' East, 2799 feet;
thence East, 1320 feet to the PLACE OF BEGINNING.
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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 tlre'Map recorded 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,
LTD on the Map recorded in the Lincoln County Clerk's Oftice as Map 21C on January 5,
]994;
Section 12: Northeast Quarter;
Section 14: Northwest Quarter ofthe Northwest Quarter;
Resurvey Tnrcts 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
21C 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 of the Oregon Shortline Railroad right of way.
LESS AND EXCEPT the land described in Warranty Deed recorded September 28,2007 in
. ,
Book 673 on page 792 of the records of the Lincoln County Clerk. .
That pnrt of Resurvey Tract 53 lying East of the property line/fence line as described by
Surveyor Scherbel, L TO on the Map recorded in the Lincoln County Clerk's Office as Map
21C on Jalluary 5,1994.
Hesllrn'Y Tract 56; Resurvey Tract 57; Resurvey Tract 58; and Resurvey Tract 59
Resurvey Tract 60 and that portion of Resurvey Tract 76 lying Westerly of the centerline of the
Bear Rivl'r.
South HalfofTract 80 B and South Half of Tract 81, described as follows:
Beginning at the Southeast comer 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;
thence East 20 chains to the Southwest corner of Tract 80 B;
(hence North ~!H°38' East, 20 chains to the point of beginning.
All that part of' Resurvey Tract 129 lying Westerly of the centerline of Bear River,
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00&204
000622
Pa reel 2
That part of Tract No, 61 of Resurvey Township 25 North, Range 119 West, Lincoln County,
\Vyoming 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 \Vest right-of-'way line of the Oregon Short Line Railroad;
EXCEPT! NG THEREFROM that tract of record in the Office of the Clerk of Lincoln County
in Bool{ 25 of Deeds on page 460 as conveyed to the Union Pacific Railroad Company.
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