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Home My WebLink About959542WHEN RECORDED MAIL TO: Western AgCredit, PCA P.O. Box 95850 South Jordan, UT 84095 -0850 Customer Number: 7000925 SEVERANCE AGREEMENT WHEREAS, JOHNSON BROTHERS FARM, LLC, a Utah Limited Liability Company and Western AgCredit, FLCA, formerly known as Federal Land Bank Association of Utah, FLCA, the undersigned has an interest either as owner, mortgage holder, trust deed holder or seller under a conditional contract of purchase and sale in the following described real property, hereinafter called "the Real Property That certain property in the County of LINCOLN, State of WYOMING described as: RECEIVED 6/6/2011 at 11:47 AM RECEIVING 959542 BOOK: 767 PAGE: 610 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Space Above This Line For Recorder's Use FOR DESCRIPTION OF REAL PROPERTY SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF and, WHEREAS, FLYING N HAY EQUIPMENT, LLC, a Utah Limited Liability Company and HEATH L. JOHNSON and CONNIE G. JOHNSON, hereinafter called the "Borrower has, or will execute, a Security Agreement as security for indebtedness to Western AgCredit, PCA, hereinafter referred to as "Lender in which the Lender is the Secured Party and the Borrower is the Debtor covering personal property, hereinafter referred to as the "Personal Property which is or will be located upon the Real Property and is described as follows: 2011 LINDSAY ZIMMATIC 1,622' 9 TOWER CENTER PIVOT IRRIGATION SYSTEM 2011 LINDSAY ZIMMATIC 1,275' 7 TOWER CENTER PIVOT IRRIGATION SYSTEM TOGETHER WITH ALL RELATED PUMPS, MOTORS, SYSTEMS, CONTROLS AND COMPONENTS 000610 and,WHEREAS, Lender, as condition to entering into the foregoing transaction, requires that the undersigned consent to the removal by Lender of the Personal Property from the Real Property, no matter how it is affixed thereto. NOW THEREFORE, for a good and sufficient consideration, receipt of which is hereby acknowledged, the undersigned agrees with Lender as follows: 1. The Personal Property shall be considered and is intended to be personal property and shall not be considered as a fixture or as a part of the Real Property regardless of whether or by what means it is or may become attached or affixed to the Real Property. 2. The undersigned has not and will not claim any interest in the Personal Property. 3. Lender may, at any time at its option, enter upon the Real Property and remove the Personal Property at its sole cost and expense, and Lender agrees to make such repairs caused by any such removal to the extent reasonably necessary to restore such property to its condition immediately prior to such removal. However, and without prejudice to other remedies it may have, if Lender's entry and removal of the Personal Property is necessitated by the undersigned's breach of the covenants contained herein, Lender shall not be liable either for cost of or damages to the Real Property sustained by the undersigned as a result of the removal of the Personal Property. WAC 1244 Severance Agreement (11/03) 4. This agreement shall be binding upon the heirs, successors and assigns of the undersigned. Dated: May 17 2011 Signature(s): Western AgCredit, FLCA By: David` G. Brown Vice President Credit Services JOHNSON BROTHERS FARM, LLC, a Utah Limited Liability Com y By: LARRY D By: RALPH B. 4 I t k JOHNSON, (mber Notary Acknowledgment: STATE OF UTAH ss. COUNTY OF SALT LAKE On this of day of 20 1 before me, the undersigned Notary Public in and for said County and State, personally appeared DAVID G. BROWN, personally known to me to be the person who executed the within instrument as VICE PRESIDENT CREDIT SERVICES, or on behalf of the corporation therein named, and acknowledged to me that the corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. NOTARY KATHIE CHAHANOVICN 10980 South Jordan Gateway South Jordan, UT 84095 COMMISSION ON EXPIRES. STATE OF UTAH STATE OF Lk Y\ ss. COUNTY OF WAC 1244 Severance Agreement (11/03) WITNESS hand an Notary Public in and for said County and State nd State WITNES ei official seal otary Public and for said County 000611. On this a.3- day of 20 i r before me, the undersigned Notary Public in and for said County and State, personally appeared LARRY D. JOHNSON rsonally known to me] proved to me on the basis of satisfactory evidence] to be the person(s) who executed the within instrument as MEMBER, or on behalf of the limited liability company therein named, and acknowledged to me that the limited liability company executed the within instrument pursuant to its articles of organization and operating agreement. —Amirmairiii1111111 AN STATE OF tkiet3PN. ss. COUNTY OF r Lam) On this 4 7_7 day of 7rt Q 20 1 before me, the undersigned Notary Public in and for said County and State, personally appeared RALPH B. JOHNSON rsonally known to me] proved to me on the basis of satisfactory evidence] to be the person(s) who executed the within instrument as MEMBER, or on behalf of the limited liability company therein named, and acknowledged to me that the limited liability company executed the within instrument pursuant to its articles of organization and operating agreement. WAC 1244 Severance Agreement (11/03) RUTH T. SMITH NOTARYPUOUC STATEOUTAH COMMISSION NO..04771 COMM. EXP. 02494015 WITNES d and official seal ublic in an for .'d Coun Notary and State 000612 Roloiabital Lord Gunman AN. Bwib tWo. Fiploallow No..164 Naha 71410116111 No ONO RiclokilloOTIo. 1Th Mind. liegliandon No.tam5 ScolUaldeibe 5.1001002110Nagsea kkhe Regishke /4/3.11020 Usisoi• achstel 114,2.11.platatlan eln Savipailobxbil, LTD. AlloaNyoning et nut wvernkv Jatiman..WYMIM Lava Not Sprivi.Idaho DESCRIPTION OF THE BIG SPRINKLERTARCEL To wit:— EXHIfiltA That part of IT, ract.„No.. a7_withiri_T21N..and 722N; R.12014-and part of Tract- No. 38 of T22N, R120W, Lincoln County; Wyoming, described as follows: BEGINNING at Corner No. 3 ofsaid Tract No 37; thence S00°06'25"E, 745.26 feet„ along -Line 3-4 of said Tract No. 37 to a point on a fence bearing northeast/sontRwe4t; thence S26°1057"VV, 861.01 feet, along said fence to a point; thence coursing. a fence around a rotating sprinkler follows: S81 °00'25"W, 1315.46 feet, to a Point; N78°35'26"VV, 546.86 kit, to a point; N60°48'31 "W, 581.1Veet, to a. point; N37°03 695.0# feit, to a pOint; N14°11'56VV, 751.99 feet,ftO a point; N14° 16 594k4egt, to a point; N25752 7111 .29eelt, to a: Point; N59°58'427E 291:264e4 ofless, to a qttsition on Line 84 of a.irl'Tract No 37-identiCal'in pait.with Line.3.4'iofsaid Tract No 38; :continuing1\159°58 more or leSS, to a point; N88°.2248"E, 948.B7Jeito a pint; S58°19'59"E, 577.0 teor or legs, to a pOsition4on said Line •-8-1; continuing S58 feet, more Or less, to a point aid leave said fence; thence S30°48'00"E, 1322.69feet, to a point On Line'2-3 of said Tract No.-37; thence S89°59'31 "W, 278.90 feet, along 'said Line 2:3 to the CORNER OF BEGINNING, ENCOMPASSING an area of 206;74 more or less; each "corner" marked as describdd 'in a Corner Record on file in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" *24" steel reinforcing rod with a 2" Altirriipum cap in- scribed: "SURVEYOR SCHER13EPLTO Bit PINEY WY!-PLS 164" and appropriate details; the BASIS of BEARING is the Ii qe 'between the soutfpWest corner of Section 28, T22N, R120W, Lincoln Cdunty, Wykrmpg, and the southeast corner of Section 4,112N, R8E, Rich County, Utah and equals a.II in accordance with the plat to be filed in said 'Office titled: "PLAT OF SURVEY FOR JOHNSON RANCHES OF LA)s•Itt WITHISITRACTS 317, 38, 39, 41, 42 AND SECTIONS 27, 28, 33, 34 T22N R1,20*TRACT -37ANID SECTIONS 3, 4, 9, 10, 15 T21Is4 R120W LINCOLN COUNTY, VVY001114G AN SECTION :33 T13N R8E RICH 'COUNTY, UTAH" dated 12:1\:11 Ich1999 as" l'eviSeW 12 March 1999/ reV.ised 1 3AiIiT9 4 ws/desljhnsnrch.des p.3 sti; 0006 Modem& Pole loaded Bony= W K. NS. No. 1114 MMJ° No."000 140:. No.1570 W ain N0.111105 11m11AikMo WY. Mee 1114 01110 Na.OYO No.80111 Na.a2111 Wya No.53611 Beep' 1311. AllonAyonioo PkVIY. *PIN Mom WyoinIno EDIT DESCRIPTION OF THE. P .ARRCZIL -W 'OAi G PAR' 0006 4 To wit:— Thatpart of Tract No. 37 and part of Sections 3, 4, 9 and 10, all in T21N, R120W, Lincoln County, Wyoming, described as follows: BEGINNING at the northeast corner of Section 33, T13N, R8E, Rich County, Utah; on a fence around a double rotating sprinkler system; thence coursing said fence as follows: S89 °34'1 733.97 feet, to apoint; S85 °24'27 "E, 419.64 feet, to a point; S62 °58'44'!E, 341.81 feet, to apoinl; 836 °02' "E, 1060.72 feet, to apoint; S07 °56'05 "E, 1879.19 feet, to a point; S07 18'40 "W, 1013.37 feet, to the a point; 821°46'39"W, 845.84 feet, to a point; S53 °52'26"W, 761.15 feet, to a,poiat S81 °35'58 "W, 775.85 feet; to apoint; N61 °59!43 "W,481.45 feet, to apoint; N42 °41'15 "W, 137.89 feet, more or less, to a point on the Wyoming/ Utah State Line, and leave said fence; thence N0D °02'25 "E, 4938.60 feet, to the CORNER OF BEGINNING; ENCOMPASSING an area of 241.50 acres, more or less; each "comer" marked as described in a Comer Record on file in the Office of the auk of Lincoln .County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum rap inscribed: "SURVEYOR SCHERBEL LTD $IG PINEY WY PLS 164" and appropriate details; the BASIS of BEARING is the line between the. southwest corner of Section 28, T22N, R120W, Lincoln County, Wyoming, and the southeast corner of Section 4, T12N, R8E, Rich County, Utah and equals N00 °02'25 "E; all in accordance with the plat to be filed in said Office titled: "PLAT OF SURVEY FOR J H SON RANCHES OF LAND WITHIN TRACTS 37, 38, 39; 41, 42 AND SECTIONS 27, 28, 33, 34 T22N R120W TRACT 37 AND SECTIONS 3, 4, 9, 10, 15 R1220W .LINCOLN COUNTY, WYOMING ANT) SECTION 33 T13N ROE RICH COUNTY, UTAH", dated 12 March 1999 as revised. ws/des isnrch.des p.4 •■And"in °firm in nn., wnv of fho fnrnnntnn rinnnrinfinn innnin „fee liehillh, of fhc e, ins uar”