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HomeMy WebLinkAbout958702TRUSTEE SUCCESSION AFFIDAVIT 000749 The undersigned, Martha D. Halverson and M. Kevin Voyles, being first duly sworn upon oath according to law, deposes and says as follows: 1. W. Stanton Halverson, Jr. established the W. Stanton Halverson, Jr. Living Trust under agreement dated August 23, 2004 "Trust 2. W. Stanton Halverson, Jr. died on September 17, 2010 in Lincoln County, Wyoming. An official copy of his Certificate of Death is attached hereto. 3. Martha D. Halverson and M. Kevin Voyles, whose address is P.O. Box 5009, Etna, WY 83118, are the successor trustees of the Trust. 4. Attached hereto are true and correct copies of pages of the Trust showing the due execution of said trust, showing the designation of Martha D. Halverson as successor trustee, and showing the powers held by the surviving trustee to include all powers conferred by the Wyoming Uniform Trust Code. 5. Attached hereto are true and correct copies that certain (i) Surviving Spouse's Exercise of power under W. Stanton Halverson Living Trust and (ii) Appointment of Co- Trustee showing the designation of Kevin M. Kevin Voyles as successor trustee of the Trust. 6. This affidavit is given pursuant to Wyo. Stat. 34 -2 -123 with respect to the following real estate: That property described in the Warranty Deed recorded in the land records of Lincoln County, Wyoming, on September 6, 1996, in Book 387 PR at Pages 802 through 807 as Instrument No. 826037, a copy of which is attached hereto. 7. By reason of the death of W. Stanton Halverson, Jr., the undersigned became the acting successor trustees of the Trust, having all power and authority afforded to the trustee pursuant to said trust agreement and the laws of the State of Wyoming, including the power to mortgage, convey or otherwise dispose of the real estate or any interest therein. RECEIVED 4/1/2011 at 9:32 AM RECEIVING 958702 BOOK: 764 PAGE: 749 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DATED: March 31, 2011 STATE OF WYOMING COUNTY OF LINCOLN SS 000750 CI O &-WIZG/ Martha D. alverson M. Kevi Voyles Subscribed and sworn to before me by Martha D. Halverson and M. Kevin Voyles, on this 31st day of March, 2011. Witness my hand and official seal. My commission expires: CHRISTINA K. ALLRED NOTARY PUBLI E A SOUnty of State of Lincoln Wyoming Y 9 MY COMMISSION EXPIRES: 4 30 2013 Notary Public TRUSTEE SUCCESSION AFFIDAVIT Page 2 CERTIFICATION OF VITAL RECORD' Gladys K. Breeden Deputy State Registrar kf' Decedent: Name: Walter Stanton Halverson Gender: Male Date of Birth: April 14, 1921 Date and Place of Death: Date of Death: September '17, 2010 STATE OF WYOMING DEPARTMENT OF HEALTH 3:CERTIFIcATE OF DEATH 111 State File Number: Social Security Number: Age atithe Time of Death: County of Death: City of Death: Afton Location: Star Valley Medical Center 110 Hospital Lane Additional Decedent Infor Place of Birth: Marital Status: Armed Forces: Name of Father: Name of Mother: Informant: Disposition: Method of Disposition: Place of DispositiOn: Funeral Home or Facillty: Facility: Cause of Death: The immediate cal-1e is listed on the first iine f011owed by anyunderikipg causes• (a) Congestive heart failure Other Significant Conditions: Manner of Death: Certifier: Type: Name: Address: Date Filed: N 487994 mation: Rapid City, South Dakota Etna Wyoming Married Martha Shepard Ves Walter Stanton Halvorsor1 Mary Grace Robinson Martha Halverson Relationship: Cremation Schwab, Mortuary Crematory Afton Wyoming Schwab Martuary, Wyoining Natural Death Time •6fP'6ati.-1;.:' Physician Alleh.•D. Carter, 110 Hospital Lane, p0 ..Box579, Afton, W/oming, 83110 September 30;2010 This is a true certification of the document on Se in the office of Vital Statistics Services, Cheyenp rgay October01 2010: 5 DATE ISSUED: 1 This copy is not valid unless prepared on paper with ap engrayed border, ■7711 177Z1 1 ,:77■ 71Z7.17i7i1.137.TiTillirtr."1:17Z:=;:671.17.1ti 000751 2010-002964 89 years Lincoln 22:05 (Actual) The W. Stanton Halverson, Jr. Living Trust Article One 000752 Establishing My Trust The date of this trust agreement is the 23rd day of August, 2004. The parties to this agreement are W. Stanton Halverson, Jr., also known as Stan Halverson, (the "Trustmaker and W. Stanton Halverson, Jr. (the "Trustee Section 1.01 Identifying My Trust My trust may be referred to as "W. Stanton Halverson, Jr., Trustee of the W. Stanton Halverson, Jr. Living Trust dated the 23rd day of August, 2004, and any amendments thereto." For the purpose of transferring property to my trust, or identifying my trust in any beneficiary or pay-on-death designation, any description referring to my trust shall be effective if it reasonably identifies my trust. Any description that contains the date of my trust, the name of at least one initial or successor Trustee and an indication that my Trustee is holding the trust property in a fiduciary capacity shall be sufficient to reasonably identify my trust. Section 1.02 Reliance by Third Parties on Affidavit or Certification of Trust From time to time, third parties may require documentation to verify the existence of this agreement, or particular provisions of it, such as the name or names of my Trustee or the powers held by my Trustee. To protect the confidentiality of this agreement, my Trustee may use an affidavit or a certification of trust that (1) identifies my Trustee; (2) sets forth the authority of my Trustee to transact business on behalf of the trust; and (3) may include pertinent pages from the trust, such as title or signature pages. A third party may rely upon an affidavit or certification of trust that signed by my Trustee with respect to the representations contained in the affidavit or certification of trust. A third party relying upon an affidavit or certification of trust shall be exonerated from any liability for actions the third party takes or fails to take in reliance upon the representations contained in the affidavit or certification of trust. A third party dealing with my Trustee shall not be required to inquire into the terms of this agreement or the authority of my Trustee, or to see to the application that my Trustee makes of funds or other property received by my Trustee. Section 1.03 Transferring Property to My Trust Any person or entity may transfer property of any kind, nature and description to my trust in any manner authorized by law. 1 -1 Copyright 2004 Gonnella Geittmann, PC Article Seventeen My Trustee's Powers 000 753 Section 17.01 Introduction to Trustee's Powers Except as otherwise specifically provided in this agreement, my Trustee may exercise, without prior approval from any court, all the powers conferred by this agreement and any other powers conferred by law, including, without limitation, those powers set forth under the common law or statutory law of Wyoming or any other jurisdiction whose law applies to this trust. The powers set forth in the Wyoming Uniform Trust Code, Wyoming Statutes, Sections 4-10 -101 et seq., are specifically incorporated into this trust agreement. The powers conferred upon my Trustee by law, including those powers conferred by the Wyoming Uniform Trust Code, Wyoming Statutes, Sections 4 -10 -101 et seq., shall be subject to any express limitations or contrary directions contained in this agreement. My Trustee shall exercise these powers in the manner my Trustee determines to be in the best interests of the beneficiaries. My Trustee shall not exercise any of its powers in a manner that is inconsistent with the right of the beneficiaries to the beneficial enjoyment of the trust property in accordance with the general principles of the law of trusts. The Trustee of a trust may have duties and responsibilities in addition to those described in this agreement. I encourage my Trustee to obtain appropriate legal advice if my Trustee has any questions concerning its duties and responsibilities as Trustee. Section 17.02 Execution of Documents by My Trustee My Trustee may execute and deliver any and all instruments in writing that my Trustee considers necessary to carry out any of the powers granted in this agreement. Section 17.03 Investment Powers in General My Trustee may invest in any type of investment that my Trustee determines is consistent with the investment goals of my trust, whether inside or outside the geographic borders of the United States of America and its possessions or territories, taking into account my trust's overall investment portfolio. I have provided that certain beneficiaries of this trust receive payments of periodic unitrust amounts. My intent in doing so is to allow my Trustee to invest trust assets for total return rather than solely for income. This will allow my Trustee to provide regular payments to current beneficiaries that will keep pace with inflation in future years while providing for the remainder beneficiaries, and preserving the value and purchasing power of their interest in this trust. Without limiting my Trustee's investment authority in any way, I request that my Trustee exercise reasonable care and skill in selecting and retaining trust investments. I also 17 -1 Copyright 2004 Gonnella Geittmann, PC certified mail. If notice is equired to be given to a minor or incapacitated individual, notice shall be given to the parent or legal representative of the minor or incapacitated individual. (f) Plans Not Reciprocal The fact that my if and I are executing our estate plans concurrently shal not be construed to create any contractual or reciprocal obligations between us. (g) Severability The invalidity or unenforeeability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement. If a court of competent jurisdiction determines that any provision is invalid, the remaining provisions of this agreement shall be interpreted and construed as if the invalid provision had never been included in this agreement. I. have executed this agreement on the day and year first above written. This agreement shall, be effective when signed by me whether or not now signed by a Trustee. I certify to the officer taking my acknowledgment that I have read this trust agreement, that I understand it, and that it correctly states the provisions under which my trust property is to be administered and distributed by my Trustee. STATE OF WYOMING County o Teton [Sea1] CAROL H. C(}NNEEINOTARY PU BLIC. County ot State et Teton y Wyoming Commission Expires May 23, 200'6 5s,. r 000754 Halverso2t<`jlr• T rutnnak.er and 'Trustee This instrument was acknowledged befo e me by W. Stanton Trrstmaker and as Trustee on this 23rd day of August 2004. Witness my hand and official seal. otary Pub h fo the State ofWyon ng commission expires; Copyrig} ti 2004 ;mines (et nann, PC First Amendment To The W. Stanton Halverson, Jr. Living Trust, Dated the 23rd day of August, 2004, and any Amendments Thereto W. Stanton Halverson, Jr., Trustmaker, W. Stanton Halverson, Jr., Trustee Halverson, Jr. Living Trust, dated the 23" day of hereinafter referred to as the "Trust I W. Stanton cause to be executed the First Amendment to said Pursuant to Article One of the W. Stanton August, 2004, and any amendments thereto, Halverson, Jr., the Trustmaker and Trustee, Trust I hereby amend the trust pursuant to Article 1, Section 4, Paragraph b., wherein I have retained the right to amend or revoke this trust. Articles Three, Six, and Seven of the Trust, are hereby amended by deleting Articles Three, Six, and Seven in their entirety and replacing them with new Articles Three, Six, and Seven, which can be identified by my written signature of each amendment, which is the Trustmaker/Trustee r as r this First the date of signing on the first page o Amendment. In all other particulars, the Trust as adopted the 23rd day of August, 2004, shall remain in full force and effect. IN WITNESS WHEREOF, the Trustmaker /Trustee has hereunto set her hand this 30 day of July 2007. W. Stanton Halverson, Jr., Trustmaker/Trustee STATE OF WYOMING COUNTY OF TETON SHARI A. BYERLY NOTARY PUBLIC County of '.n; State of Teton. Wyoming My Comm Issiot.SEAM Nov. 17, 2008 ss. On the 30 day of July 2007 personally appeared the a ove nameed W. Stanton Halverson, Jr., and acknowledged the foregoing instrument to be their voluntary act Witness my hand and official Seal. First Amendment Page 1 of 1 Notary Public for the Cpl; t. f Wyoming My Commission Expires: 11 moo 000755 Section 3.03 Trustee Succession After My Death After my death, this Section shall govern the removal and replacement of my Trustees. (a) Administrative Trustee I appoint Martha D. Halverson and Merrill Lynch Trust Company, jointly to serve as successor Trustee during the administration of my Trust. If Martha D. Halverson is unable or unwilling to serve, Merrill Lynch Trust Company may serve alone. My wife shall have the right to remove Merrill Lynch Trust Company or any other co-trustee serving with her so long as she replaces such co- trustee with an attorney, a certified public accountant, or a corporate fiduciary that is not related or subordinate to my wife within the meaning of Section 672(c) of the Internal Revenue Code. (b) Trustee of Exempt Marital Trust and Nonexempt Marital Trust I appoint Martha D. Halverson and Merrill Lynch Trust Company to serve as Trustee of the Exempt Marital Trust and Nonexempt Marital Trust upon creation of the Exempt Marital Trust and Nonexempt Marital Trust. If Martha D. Halverson is unable or unwilling to serve, Merrill Lynch Trust Company may serve alone. My wife shall have the right to remove Merrill Lynch Trust Company tee or any other co- Trustee serving with her untan� or a replaces such rY that is with an attorney, a certified public of the related or subordinate to my wife within the meaning of Section 672(c) Internal Revenue Code. (c) Trustee of theiNIMMIli Exempt Trust and Nonexempt Trust Exempt I appoint 1111111/M. to 'serve as Trustee of the Exempt Trust Trust and Nonexempt Trust upon creation of the I app and Nonexempt Trust. is unable to serve, pp so long as he was married to her at the t me of her disability or death as Trustee of the Exempt Trust an d (d) Trustee of the Exempt Trust and Nonexempt Trust I appoint .11.1111 1111111.110 to serve as Trustee of the Exempt Trust and Nonexempt Trust upon creation of the Exempt Trust and Nonexempt Trust. e) Trustee of the Exempt Trust and Nonexempt Trust Exempt Trust and I appoint to serve as Trustee of the Exempt Trust and Nonexempt Trust upon creation of the 1.1110111111 Nonexempt Trust. (f) Trustees of the Separate Trusts The beneficiary of a separate trust created undas T u his or her separate obtaining the age of 30, appoint himself or herself trust and may serve as the sole Trustee of the trust. 3 -2 000756 Section 3.08 Appointment of Independent Special Trustee If for any reason the Trustee of any trust created under this agreement is unwilling or unable to act with respect to any trust property or any provision of this agreement, the Trust Protector shall appoint, in writing, a corporate fiduciary or an individual to serve as an Independent Special Trustee as to such property or with respect to such provision. The Independent Special Trustee appointed shall not be related or subordinate to any beneficiary of the trust within the meaning of Section 672(c) of the Internal Revenue Code. The Trust Protector may revoke any such appointment at will. An Independent Special Trustee shall exercise all fiduciary powers granted by this agreement unless expressly limited elsewhere in this agreement or by the Trust Protector in the instrument appointing the Independent Special Trustee. An Independent Special Trustee may resign at any time by delivering written notice of resignation to the Trust Protector. Notice of resignation shall be effective in accordance with the terms of the notice. Section 3.09 Rights and Obligations of Successor Trustees Each successor Trustee serving under this agreement, whether corporate or individual, shall have all of the title, rights, powers and privileges granted to the initial Trustee named under this agreement. In addition, each successor Trustee shall be subject to all of the restrictions imposed upon and obligations and duties, discretionary and ministerial, given to the initial Trustee named under this agreement. Section 3.10 Provisions for Trust Protector The function of the Trust Protector is to assist, if needed, in protecting the interests of my beneficiaries and in achieving my objectives as manifested by the other provisions of this agreement. Any successor Trust Protector named or appointed under this Section, shall be a corporate fiduciary or an individual who is not related or subordinate to any beneficiary within the meaning of Section 672(c) of the Internal Revenue Code. (a) Designation of Trust Protector I appoint an attorney with the law firm of Gonnella Associates, PC, or its successors in interest, to serve as Trust Protector of each trust created under this agreement. (b) Resignation of Trust Protector A Trust Protector may resign by giving notice to me. If I am deceased, a resigning Trust Protector shall give notice to the income beneficiaries of the trust and to the Trustee then serving. Such resignation shall take effect on the date set forth in the notice, which date shall not be earlier than thirty (30) days after the date of delivery of the notice of resignation, unless an earlier effective date shall be agreed to by me or by a 3 -5 000757 SURVIVING SPOUSE'S EXERCISE OF POWER UNDER W. STANTON HALVERSON LIVING TRUST U/A 8/23/04 WHEREAS, W. Stanton Halverson was the settlor (the "Settlor of the W. Stanton Halverson Living Trust under agreement dated August 23, 2004, as amended and restated July 30, 2007 (the "Trust and, WHEREAS, Martha D. Halverson is the surviving spouse (the "Surviving Spouse of the Settlor; and WHEREAS, Merrill Lynch Trust Company is named as co- trustee of the Trust; 000758 WHEREAS, Section 3.03(c) of the Trust provides that the Surviving Spouse, "shall have the right to remove Merrill Lynch Trust Company so long as she replaces such co- trustee with an attorney that is not related or subordinate to the Surviving Spouse within the meaning of Section 672(c) of the Internal Revenue Code and WHEREAS, prior to the execution hereof, and in accordance with Section 3.03(c) of the Trust, the Surviving Spouse has appointed as Co- Trustee M. Kevin Voyles, Esq., an attorney who is not related or subordinate to the Surviving Spouse within the meaning of 672(c) of the Internal Revenue Code; and WHEREAS, Section 3.04 of the Trust provides, "Notice of removal shall be in writing and shall be delivered to the Trustee being removed [and] shall be effective in accordance with its provisions and NOW, THEREFORE, pursuant to Sections 3.03(c) and 3.04 of the Trust, the Surviving Spouse hereby removes Merrill Lynch Trust Company as Trustee of the Trust as of this December 10, 2010. IN WITNESS WHEREOF, the undersigned has executed this Surviving Spouse's Exercise of Power Under W. Stanton Halverson Living Trust U/A 8/23/04 this December 10, 2010. STATE OF WYOMING ss. COUNTY OF TETON Mart a D. Ha verson, Surviving Spouse This instrument was acknowledged before me by Martha D. Halverson, Surviving Spouse, on December 10, 2010. Witness my hand and official seal. My commission expires: O9 -to Zo(Y SEAL NOTARY P BLI Martha D. Halverson, Co- Trustee M. Ke in Voyles, STATE OF WYOMING COUNTY OF TETON SEAL KATIE S. PATRICK NOTARY PUBIJC County of Teton State of Wyoming My Commission Expires September 10, 2014 APPOINTMENT OF CO- TRUSTEE W. STANTON HALVERSON LIVING TRUST U/A 8/23/04 Martha D. Halverson, Trustee of the W. Stanton Halverson Living Trust under agreement dated August 23, 2004, as amended and restated July 30, 2007 (the "Trust (hereinafter referred to as the "Trust hereby appoints M. Kevin Voyles, Esq., as Co- Trustee of the Trust pursuant to Sections 3.03(c) and 3.04 therein. By signing below, M. Kevin Voyles, Esq., acknowledges his acceptance to act as Co- Trustee of the Trust. Said appointment shall become effective immediately upon mutual execution hereof. ACKNOWLEDGMENT OF APPOINTING TRUSTEE s Date AC I NO LEDG ENT OF APPOINTED TRUSTEE /2- /0- 20/0 Date This instrument was acknowledged before me by Martha D. Halverson, Co- Trustee, and M. Kevin Voyles, Esq. on December 10, 2010. Witness my hand and official seal. My commission expires: v /0- 201 K 000759 ob2 f, WARRANTY DEED Jack E. 'Coral and Jack 0. Coral, Trustees of the Henry's Mountain tend Truat dated November 1, 1084, grantors, of P,0, Box 8201, Etna, WY eatle, for and In consideration of Ten and No/100 Dollars (S10.00), and other valuable consideraUone, In hand paid, receipt whereof le hereby acknowledged, CONVEY and WARRANT to W. Stanton Hsiveraon, Jr„ a married man, as his sole end separate properly, grant.., of P.0. Sox 200, Wycombe, PA 18P80, the following described real artiste, situate In Unooin County, and State of Wyoming, hereby retea g And waiving all rights under and by virtue of the homestead exemption laws of the State, to-wit: E1/23E1/4 of Section 18, Township 38 North, Range 118 West, uth. P.M., tinooin County, Wyoming. Conveyance of Easement TOGETHER WITH the following deaofibed perpetual nght•ot way easement for the following purposes and under the following conditions; 1. Purooen of The Thle easement Is for the purpoee of providing a perpetual 00-foot Wide right- of-way easement for Ingram and egress to the property described above from the Chokecherry County Road No, 12.118, Including the right to construct and maintain a roadway to provide that Ingress and egress and also any and all utilities to serve the property benefiting from this easement 2 Candalona et R ghta�t'�ay semen The oondttlone of this easement are; (a) grantees; that It le a common easement ror the benefit of the grantor. and (b) that no fences, gates or other obstructions shall be oonetnroted on or across the easement unfurl a insane of access through auch fence, gate or other obstruction Is provided to ell of the persons having the right to use the easement 3. Prooergrreneflted pv Easement. This easement Is for the benefit of the real property of the grantees described above. :.Kemmerer, WY. Made Moe. Clerk •00381 000382 000,co W.1.1 r. G1017J 1 :44F 1 LINCOLN CO CLERK 0S28117 o.751._._.P•3•__ 4, pitudat uLa lumwn� rolrowe The easement le deeonbed as That part of 8eotlon 13, TOM, R119W, Uncoln County, more PartloWelty i a IMP of described on the land teohed 'Deeoripno from Henry's Mountain Land Trust to William Stanton Halverson., Henry's Mountain Road end Crooked Canyon Spur. 5. iNnag.EHeo1, The terns and conditions of this easement shall be binding upon and Inure to the benefit of the hake, successors In Interest and assigns of the grantors and grantees named irh ihla Inatnlment• e. Welder er itr ndi e,.ti The 9nntors hereby waive and release all rights to the described easement under end by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights may Interfere with the purposes Of thie easement Reservation of Utility Easement EXCEPTING and RESERVING unto the Grantor* and their helve, suooesaore and eaelgne, a 40 -foot wide perpetual right ohwey easement for the purpoae of constructing and maintaining any and all utlllges over, aoroas and slot no a skip of land forty (40) bet In width within the E1/2SE1 /4 of Sootlon 13, TSSN, R119W Lincoln County, WyontIng, twenty (20) feet on eaoh aide of the centerline more particularly described on the attached 'Description for Henry's Mountain Land Trust of s Utllty Easement within E1/2SE1/4 Section 13, T36N, R119W, ReatrlotIve Covenants. SUUJECT the following restrictive covenant, which are perpetual covenants running with the lend and binding yyn grantees and their euaoeasore in Interest in the described real properly no conveyed herein, and these covenants are expressly tweeted by g teen as a condition of the conveyance of the described real property: 1. The real property being conveyed herein may be used only for single family residential purposes and may not be divided. or subdivded Into more then eight (8) tracts, each of any ouch divided or subdivided tracts not to have more than one single family residence and associated outbuildings boated thereon, No mobile homes or trailer houses shall be placed on the property. 000383 00382 000761 4• OS28117 000354 2. No animals of any kind may be kepi on the property except horses and domestic pets. 3. My fences constructed shall be wooden construction of the bunk and pole method using anti/ native materlaia. No wire fences shall be •allowed. Any %note built shell be constructed In such a manner with Openings at certain places along the perimeter of the property to allow the tree and unimpeded movement of wildlife through the property. 8tJ JECr TO ell other easements, ekoepllonet restricllohe, reaanmtione and rights Of way of sight or record, WITNESS our hands as of this OM day of September, 1995, STATE OF WYOMING COUNTY OF LINCOLN The foregoing Warranty Deed was acknowledged before me by Jaok E Coral and Jaok 0. Coral, Trustees of the Henry's Mountain Land Trust, this !nom day of September, 1998. Witness my hand and official seal. My commission expiate; a Jack E. Coral. Trustee 9 444/4—‘241-11: Je t ok O. Coat, Trustee if Net Y US 10 00383 0007C2 C2 92 W OCT.17,20(5 1:45FM LINCOLN CO CLERV 09281,1'7 aaaaRW33oN FROM mama Nomimaza .000 MUM sn MSL4%4ol MOUTON MOMI M 10IMA1 Bata' a3N *OtD 13m =wan mama Sava 7o- wit. 751 __P.5_ 88 ni8NIN0 •E a apika op t spot 110. of nd NN, 800•.33 •r, 3x.43 ∎set t1.j1 the Opyth•.io deo+.0 ee the B .otl thence (L3) 437 40 1711.44 foot, to -the PC of a 01r0alar ouwys to ch. right, th000e (a3) aarthuataly, 44.16 toot, along the arc e! mild radius ex 54.56 a foot r and a ohooO hooting p7o 00 .40 *0, 77.43 fat, to th. 71 Cheroot, I' MadokaW M.•r *.y of dm Wad" d..ese.,. Nn.4... aa•Ct" *has .7..pP 000385 That pore of 4 a0eioa 13, 730N, R119N Llg•o3. County, W8,00 duorlbed a follow., *trap at land Minty (041 tut in *idth wirhtn oh. aaaaillPM11 fol owin duorib 13. thirty (30) toot •doh ride of the 3 hd' 3. irt 1 BCammo at R aylhe on the *oath line of "Le 8aMa8NaMN, within the hound. of it.*Ssoharry C.a *ty ROa4 No. 43.413, 8 N47•. 314N 144.37 het, trollM the ■oatbaga4 .,Omar Of maid 38 NaaN3NN toon4 Re 4ossribed in the Cornet RegOrd flied in the 000 at tb* Clerk of Lincoln Ce tactual/211..230.2p% x7.39 hat, tO a aY3kal thaw* 3 14•. 34 •44'8, 170.31 feet, to a spiked atom( wtt••34: -30.3, 99.31 Sage, to MoSkol: and thistle 000∎33:.4..8, 734451 feet, a10•p a Sin• parallel with Y (30) toot soot 070 the out 11.. of said ationnowN, to .pike of tn. north lino thereof/ ago the naps minty (40) 4.40 of u. 3mNfatp(ad of i•id (Monica 33 13/ .,sat aiwtY anal teed of the $INRlWNN et oo3d section that pert of aha NON of maid emotion 13, idonSL,.l with that Ooattyn record in Rook 17210f tPhoto•tat Reoerd. on peg. n 3�l, of described a 8a13oaa, 48 OSNN3Np at tn. Mwthaaoa °moor of raid Nw7,; thane. NO 44.01 foot, along t matt lino of Maid 0440, 10 8 pdi*11 th•aga 447.. 42,33.0, th w 139,D7 lief, to w point on .Oath %fro of acid t� a A OF aaoY a 04.08 Cage, along raid mouth 11ma, 60 3(71 ram 0 atrl 08 aad rlthin e *014 the 8 (ia f o ma4 3. 0 1; t rat d *L th a agh 4 e a.4 ..o3, eli of 4 3 8* fol la teee *14h ai 83ing radch b eia8 thirty 1361 lade (605 000384 0007C3 4O52 OS2 17 btaotSrrlap yang T col At M b �Oh p y *�1ra:h >a•a A D o•g.nu canon am 000,386 thong* 1171 040•41•.84.8, 114.9• Leaf, to spike( thong. (14) 8/0•.tl,a0 d•00 feet, to the PC of a to t Jolt or north re tido: a 8e width to 37, •i feet ah•C• ft71 aor)M•s0anisit ire o t, along the ere at 'aid curvVe, through ee t radius of 133,11 feat sod chord ling b04 .ti,.o1aaa 33644 feat, to the ar thereof( and thangte width to thirty (301 feet on the /aft or nerbhhly aids( thence (14) M00•.33, -37•8, 183.3ff feet, to the 4C of a a /reeler agree to the right( thence (C3)) narhi terly, 37.1, feet, e4oag the .ro et *aid trve, through toms.( thole of 1194. radium fret, Clad ett and a hod g +•0ea�, w4 hemming hi, •.06(•43 Macias (18) 033••0i..soah, 30371 fat, to .plhe, hone. (1q rq••10;.i0•33r atrcul.r wrw to 1111. 144(11 378.1A foot, to the 8C of thence Ica) *euthgdterlyy, 11373 toot, aloft th. era of .aid curve, ehrangh a 4eotral angle Of 48•.27,,010 with a radius of 87.44 foot and o chard basal,* 080• .p4 •0/v7, 107.t, foot to Oh. •7 tha4.af, and obtpge width to 40.10 teat to the'f.ft or northerly vide, thence (171 01.14- 17(.OA4, 47.74 feat, to 1111 ►C of a drawler 0404 to the left( therms (611 •outhai•tarly, •9.40 foot, eltag tha are of said curve, through a cantata angle of l with e of r',11 fault, GO Chfeet and chard bearing 77••.38'•37.8, (3.1 foot try the left thereof; and change width t0 thirty or northerly tidal( t circu3 r tO kb* 1 ftj, 330.44 test, to tho PC of thong. (14) noithwe.ter /y, 149.,1 feet, •ion the aro of maid ogl curve, through a control *e at f3•v07..43• with a radium foot theeP7 thereofoh°rp bearing M08 •.g4(.0a•N. 107.14 thong, (131 MS -•B•M, 34.40 foot to the .pike of feet from he routheaet a4 of m Mei•.i1•,3a •p /R00.30 m of ;aid NOW then. (1441C hf- 4 8 -17 188.47 feet, along eh* centerline p o4 �ek� Y glows, to he re of a aivau ar suave to the rtW* •`So"rt"ie"" 'Agnew (0141 norlha•ter /y, 170.44 foot, Rion the arc of e rnwiis' .gain e1 a s t Ang34 of 344•.43 -g3• with m W�w•h•,i r 1 00.34 soot, to tha Pt threo4j herd bonging MfP.p 'Meditation In my 083 et N. ;eMWn/ 41408.0 131114.Mhy of aM MVO,' JJ 000385 0007C4 OCT.17,2005 1:46PM LINCOLN CO CLERK 310,751— P,7 02813L7 tbount rrior room Merin IglpnylO/ lalm Mar *Yaw MOUNr Ail! ROAD MD pN PUS ISMS CROOIgm UMW fppA ww011kw101 M rry w.r a(a• kindly 4eepWn methane Madly et1 ww}d' 000387 tsirenla(LODUrve to• 76',11 feet, to tb. PC et a ebano. (till •outA.uterl ite.io face, .ion the said C l through i, l mimeo o Lela of ali.41�pa•, with y 161 os he chord betrieg,pio•.1t,.1f•N by spike an the teeth 1,144 ol Creel x C Anna., Monad t1P.Pt !oat, iron the southeast honer of d nab/ With the tide 1 and enx, ■bortenief, t ttrtr atsi tout d.oa 1114 eti lengthening reee o with a mining Width of sixty tisutue and eo.Cidpoua .anMnt, that fond within the WW Ifs) dept Within thin decor! ttan, i x Et said iao Si, which la3Lr A a IP•olf3aa31Y ehaludadl the then AMMO for thin carer le the hart liar of the USX 02 fentlon 17, t'3fx, R11ANi WA, LI00•.yp�.pp.Y� tnd *soh 'Vila., t and *P two 1'lr pike P a y o marked by raiinrein. redo u11b a Air 11301. with a»PCCPIiat d apxsbDAL LTD A34 'tar NY each •aOrner. found so deposibyd lb the Corns *Lord filed in the Office of the Clerk of Lincoln c oun t east ',mint. marked by a 11 1• i 24 steal rafnfotoinp rod with 1 Aluminum Nr Pir Alta., with inscribed, &atil., fdlplaAL urn Did PINNY pprapriaCa deCall., all in eoeor4.noe with the pled prepared to be :filed in the off3o• of phCl f L{ne.y. �Mutt y t i t led, 11 T.$ MOOWThld tarn Tanta AiitW iw pp f x ff N1Tnlq dk�riO rs a it Costar bar 11ffy Lr!' a_ dated f April 310 y NW reYOu.d iaad 1O' ,0;86 000765