HomeMy WebLinkAbout970295WHEN RECORDED RETURN TO:
Dan W. Egan
Ballard Spahr LLP
201 South Main Street, Suite 800
Salt Lake City, Utah 84111
RECITALS:
See Exhibit "A" attached to and incorporated in this document by reference.
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00275
RECEIVED 4/2/2013 at 3:54 PM
RECEIVING 970295
BOOK: 808 PAGE: 275
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
PARTIAL RELEASE OF MORTGAGE,
ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT
AND FIXTURE FILING
KNOW ALL MEN BY THESE PRESENTS, that ZIONS FIRST NATIONAL BANK
"Mortgagee enters into this Partial Release of Mortgage, Assignment of Rents and Leases, Security
Agreement and Fixture Filing, effective as of the 1¢1 day of 4 LH 2013.
A. CIRCLE B LAND COMPANY FISH CREEK, LLC, an Idaho limited liability company,
CIRCLE B LAND COMPANY HUFFORD, LLC, an Idaho limited liability company, CIRCLE B LAND
COMPANY MAYFIELD, LLC, an Idaho limited liability company, CIRCLE B LAND COMPANY
STARVATION PASTURE, LLC, an Idaho limited liability company, CIRCLE B LAND COMPANY
TOM GOURE, LLC, an Idaho limited liability company, and CIRCLE B LAND COMPANY WEST
HILLS, LLC, an Idaho limited liability company, as their interests may appear (individually, a
"Mortgagor," and collectively, "Mortgagors obtained a credit facility from Mortgagee (the "Loan")
secured by certain real property owned by Mortgagor located in Lincoln County, Wyoming. The Loan
was secured, among other things, by a Mortgage, Assignment of Rents and Leases, Security Agreement
and Fixture Filing dated December 4, 2012, by and between Mortgagor and Mortgagee encumbering the
property (the "Mortgage
B. The Mortgage was recorded on December 6, 2012, as Receiving Number 968369, in
Book 800, beginning at page 112 of the official records of Lincoln County, Wyoming.
C. Two of the Mortgagors entered into an agreement to sell a portion of the property
encumbered by the Mortgage, and Mortgagors have applied to Mortgagee for the release of that portion of
the collateral property for the Loan being sold.
NOW, THEREFORE, Mortgagee does hereby release and discharge from the lien and
encumbrance of the Mortgage the following described real property located in Lincoln County,
Wyoming:
Mortgagee maintains the lien and encumbrance of the Mortgage against the remainder of the property
encumbered by the Mortgage and reserves all rights with respect thereto as contained in the Mortgage.
ZIONS FIRST NATIONAL BANK
IN WITNESS WHEREOF, this Partial Release of Mortgage, Assignment of Rents and Leases,
Security Agreement and Fixture Filing has been executed effective as of the date first above written.
STATE OF (10,11 3
ss.
COUNTY OF A
My Commission Expires:
5 f
DMWEST #9708074 v2 2
00276
B L.
Title: V, CO Pv'LC41
The foregoing instrument was acknowledged before me this )Z day of
MO ITC Jz 2013, by Nt2.) kti 305+ who is a Vie':. J ff of
ZIONS FIRST NATIONAL BANK.
(11421t.tif ttti
NOTARY PUBLIC
Residing at Geis
County,
I C Fo
WEST HILLS
EXHIBIT "A"
LEGAL DESCRIPTION OF RELEASED PROPERTY
The following described real property is located in Lincoln County, Wyoming.
STARVATION PASTURE
Parcel 1:
TOWNSHIP 24 NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING:
SECTION 22 All that part of the N' /2SEI /4 lying westerly of the East fence line of the Sheep Trail.
Parcel 2:
TOWNSHIP 24 NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING:
SECTION 27 LOTS 12, 15, N' /2SW' /4
TOWNSHIP 24 NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING:
TRACT 57 (ORIGINALLY N'/2SW' /4, SE'/4SW1/4 OF SECTION 17 AND NE1/4NW1/4 OF SECTION 20)
Less and Except that part of tract 57 described as follows:
Commencing at the Northeast corner (Corner No. 1) of Said tract 57 running thence S 0°05'17" W,
1306.71 feet along the East Line thereof to the Point of beginning.
Thence Continuing S 0 °05' 17" W, 1312.72; Feet along said East Line to Corner No. 6 of Tract 58;
Thence S 0 °41'54" E, 1308.19 feet along the East line of said tract 57 to the Southeast Corner Thereof
(Corner No. 2 of Tract 57);
Thence S 89 °49'40" W, 1336.46 feet along the south line of said tract 57 to the southwest corner thereof
(Corner No. 3 of Tract 57);
Thence N 0°14'02" E, 1319.74 feet along the west line of said tract 57 to corner No 2 of Tract 56;
Thence N 0 °04'29" W, 1294.68 feet along the west line of said Tract 57 to Corner No. 4 thereof;
Thence N 89 °32'51" E, 1318.87 feet to the point of beginning
TRACT 59 (ORIGINALLY SE1/4NE1/4 OF SECTION 20)
Less and Except all of the Part of Tract 59 lying Westerly of the Westerly Right -of -way line of the
Oregon Short Line Railroad
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TRACT 54 (ORIGINALLY SE1/4 OF SECTION 20)
Less and Except all of that Part of Tract 54 lying westerly of the westerly right -of -way line of the Oregon
Short Line Railroad.
TRACT 58 (ORIGINALLY SE' /4SE' /4 OF SECTION 17 AND N' /2NE'/4, SW' /4NE' /4, SW'/4NE' /4 OF
SECTION 20)
Less and Except all of that Part of Tract 58 lying westerly of the westerly right -of -way line of the Oregon
Short Line Railroad.
TRACT 66 (ORIGINALLY SW'/4NE1/4, W'2SE'/4, NE1/4SE1/4 OF SECTION 17)
PART OF TRACT 67 (ORIGINALLY N'4NE1/4, E' /2NW' /4 OF SECTION 17) AS DESCRIBED IN
DEED RECORDED AT BOOK 198PR, PAGE 688
TRACT 68 (ORIGINALLY W''SW1/4 OF SECTION 8 AND W %2SW' /4 OF SECTION 8 AND W' /2NW' /4
OF SECTION 17)
TRACT 69 (ORIGINALLY W' /2NE' /4, SE1/4NE1/4, NE' /4SE1/4 OF SECTION 18 LESS PARCEL DEEDED
TO LAVOY O. TAYLOR AT BOOK 207PR, PAGE489 AND LESS PARCEL DEEDED TO TERRI A.
SCHULTZ AT BOOK 495PR, PAGE 426)
TRACT 70 (ORIGINALLY SW' /4SE1/4 OF SECTION 7)
TRACT 71 (ORIGINALLY N'/2SE1/4, SE'/4SE' /4 OF SECTION 7 AND NE'/4NE' /4 OF SECTION 18
LESS PARCEL DEEDED TO ROBERTS AT BOOK 24 DEEDS, PAGE 416)
TRACT 72 (ORIGINALLY E'V2SW1/4 OF SECTION 8)
TRACT 73 (ORIGINALLY W' /2SE' /4 OF SECTION 8)
SECTION 18 E %2SW' /4, LOTS 9, 10, 17, 18
SECTION 19 E %2NW'/4, LOTS 5, 6
SECTION 30 LOTS 5, 6, 7, 8, NE' /4NW' /4
TOWNSHIP 24 NORTH, RANGE 120 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING:
TRACT 39 (ORIGINALLY Si/21\1W% OF SECTION 13)
SECTION 13 LOTS 1, 12, E' /2NE1/4, SE' /4
SECTION 24 LOTS 1, 14, SE1/4NE1/4, E %2SE' /4, N''NE1/4, E' /2NW' /4, SW'/4NE' /4
SECTION 25 NE' /4NW' /4, N'Y2NE' /4, SE' /4NE' /4, NYSE' /4, N' /2SW W' /2NW' /4, SW'/4NE'/4, SE'/4NW'/4
SECTION 26 N' /SE' /4, S' /2NE' /4, N' /2SW'/4, NW' /4 (LESS PARCEL DEEDED TO ETCHEVERRY
SHEEP COMPANY AT BOOK 28PR, PAGE 429)
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCELS:
(WEST PARCEL)
A TRACT OF LAND LOCATED IN TRACTS 57, 66, 67, 68, 69, 70, 71, AND 72, TOWNSHIP 24
NORTH, RANGE 119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING, SAID TRACT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 4 OF SAID TRACT 70, THE ORIGINAL STONE MONUMENT,
AND RUNNING THENCE SOUTH 89 °55'06" EAST, 466.71 FEET ALONG THE NORTH LINE
THEREOF TO THE CENTERLINE OF THE UTAH LINE COKEVILLE COUNTY ROAD NO. 12-
207, AS SAID ROAD IS DESCRIBED IN THAT GRANT OF EASEMENT FILED IN BOOK 120PR
ON PAGE 509 OF THE LINCOLN COUNTY RECORDS;
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THENCE NORTH 27 °58'04" EAST, 258.62 FEET ALONG SAID CENTERLINE TO THE POINT OF
CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 13,749.95 FEET;
THENCE 927.93 FEET ALONG THE ARC OF SAID CURVE AND SAID CENTERLINE THROUGH
A CENTRAL ANGLE OF 03 °52'00 THE LONG CHORD OF WHICH BEARS NORTH 29 °54'04"
EAST, 927.75 FEET TO A POINT TANGENT;
THENCE NORTH 31 °50'04" EAST, 123.82 FEET ALONG SAID CENTERLINE TO THE POINT OF
CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 954.94 FEET;
THENCE 276.58 FEET ALONG THE ARC OF SAID CURVE AND SAID CENTERLINE THROUGH
A CENTRAL ANGLE OF 16 °35'40 THE LONG CHORD OF WHICH BEARS NORTH 23 °32'14"
EAST, 275.61 FEET, TO A POINT LYING ON THE NORTH LINE OF SAID TRACT 71;
THENCE SOUTH 89 °47'40" EAST, 78.67 FEET ALONG SAID NORTH LINE OF TRACT 71 TO
CORNER NO. 3 OF TRACT 83, A 2 -'/2" ALUMINUM PIPE WITH A 3 -1/4" ALUMINUM CAP
INSCRIBED "LS 2500" AND APPROPRIATE DETAILS;
THENCE CONTINUING ALONG SAID NORTH LINE OF TRACT 71, SOUTH 89 °50'53" EAST,
1323.01 FEET TO CORNER NO. 1 THEREOF (ALSO CORNER NO. 4 OF SAID TRACT 68) A 2 -'/2"
ALUMINUM PIPE WITH A 3 -1/4" ALUMINUM CAP INSCRIBED "LS 2500" AND APPROPRIATE
DETAILS;
THENCE NORTH 89 °19'02" EAST, 1096.19 FEET ALONG THE NORTH LINE OF SAID TRACT 68
TO THE WESTERLY RIGHT -OF -WAY LINE OF THE OREGON SHORT LINE RAILROAD AS
SAID RIGHT -OF -WAY WAS ESTABLISHED FROM RAILROAD ALIGNMENT PLANS AT 100'
WESTERLY OF THE CENTERLINE OF THE MAIN TRACK;
THENCE SOUTH 18 °36'49" EAST, 2897.34 FEET, MORE OR LESS, ALONG SAID RIGHT -OF-
WAY LINE TO THE NORTH LINE OF TRACT 67;
THENCE NORTH 88 °20'03" EAST, 44.16 FEET ALONG SAID RIGHT -OF -WAY LINE AND THE
NORTH LINE OF SAID TRACT 67 TO AN EXISTING FENCE LINE;
THENCE SOUTH 18°3T42" EAST, 2076.95 FEET ALONG SAID RIGHT -OF -WAY LINE AS
EVIDENCED BY THE EXISTING FENCE LINE;
THENCE SOUTH 72 °43'16" WEST, 38.81 FEET ALONG SAID EXISTING FENCE AND RIGHT -OF-
WAY LINE;
THENCE SOUTH 18 °33'49" EAST, 3384.79 FEET ALONG SAID EXISTING FENCE LINE AND
RIGHT -OF -WAY LINE TO A POINT ON THE SOUTH LINE OF TRACT 66, SAID POINT LYING
SOUTH 88 °51'36" WEST, 192.88 FEET FROM CORNER NO. 6 OF SAID TRACT 66;
THENCE SOUTH 88 °51'36" WEST, 1102.66 FEET ALONG THE SOUTH LINE OF SAID TRACT 66
TO THE SOUTHWEST CORNER THEREOF (CORNER NO. 7 OF TRACT 66), A 3/4" STEEL BAR
WITH A 3 -1/4" ALUMINUM CAP INSCRIBED "STANTON G. TAGGART PLS 6386" AND
APPROPRIATE DETAILS; SAID CORNER LYING ON THE EAST LINE OF SAID TRACT 57;
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THENCE NORTH 00 °05'17" EAST, 1312.72 FEET ALONG THE EAST LINE OF SAID TRACT 57
TO A 5/8" STEEL BAR WITH A 1 ALUMINUM CAP INSCRIBED "STAN TAGGART PLS
6386";
THENCE, LEAVING SAID EAST LINE OF TRACT 57, SOUTH 89 °32'51" WEST, 13 18.87 FEET TO
CORNER NO. 4 OF SAID TRACT 57, A 3/4" STEEL BAR WITH A 3 ALUMINUM CAP
INSCRIBED "STANTON G. TAGGART PLS 6386" AND APPROPRIATE DETAILS;
THENCE CONTINUING SOUTH 89 °32'51" WEST, 1319.65 FEET ALONG THE SOUTH LINE OF
SAID TRACT 57 TO CORNER NO. 5 OF SAID TRACT 57 ALSO CORNER NO. 4 OF TRACT 69),
THE ORIGINAL STONE MONUMENT;
THENCE NORTH 89 °54'40" WEST, 949.59 FEET ALONG THE SOUTH LINE OF SAID TRACT 69
TO THE POINT OF INTERSECTION WITH THE EAST LINE OF SECTION 18, SAID POINT
MARKED WITH THE ORIGINAL STONE MONUMENT;
THENCE, CONTINUING ALONG THE SOUTH LINE OF SAID TRACT 69, NORTH 89 °49'17"
WEST, 376.56 FEET TO CORNER NO. 5 THEREOF, THE ORIGINAL STONE MONUMENT;
THENCE NORTH 00 °04'44" EAST 181.15 FEET ALONG THE WEST LINE OF SAID TRACT 69 TO
THE SOUTHEAST CORNER OF THE TAYLOR SUBDIVISION, AS SAID SUBDIVISION IS
PLATTED AND OF RECORD IN THE OFFICE OF THE LINCOLN COUNTY CLERK;
THENCE NORTH 00 °05'21" EAST, 1105.45 FEET ALONG THE WEST LINE OF SAID TRACT 69
AND THE EAST LINE OF SAID SUBDIVISION TO CORNER NO. 6 OF SAID TRACT 69 AND THE
NORTHEAST CORNER OF SAID SUBDIVISION, A STEEL PIPE WITH A BRASS CAP
INSCRIBED "PAUL N. SCHERBEL LS 164" AND APPROPRIATE DETAILS;
THENCE NORTH 89 °52'10" WEST, 254.46 FEET ALONG THE NORTH LINE OF SAID
SUBDIVISION TO THE CENTERLINE OF SAID COUNTY ROAD NO. 12 -207 AND THE
SOUTHEAST CORNER OF THE LAVOY TAYLOR TRACT AS DESCRIBED IN BOOK 207PR ON
PAGE 489 OF SAID RECORDS;
THENCE NORTH 00 °55'54" EAST, 450.39 FEET ALONG SAID CENTERLINE AND THE EAST
LINE OF SAID LAVOY TAYLOR TRACT TO THE NORTHEAST CORNER THEREOF:
THENCE NORTH 89 °52'34" WEST, 100.01 FEET ALONG THE NORTH LINE OF SAID LAVOY
TAYLOR TRACT TO THE SOUTHEAST CORNER OF THE JRT SUBDIVISION, AS SAID
SUBDIVISION IS PLATTED AND OF RECORD IN THE OFFICE OF THE LINCOLN COUNTY
CLERK, SAID CORNER BEING MARKED BY A STEEL BAR WITH A 2: ALUMINUM CAP
INSCRIBED "SURVEYOR SCHERBEL BIG PINEY WY PLS 164 2002
THENCE NORTH 00 °55'54" EAST, 285.21 FEET ALONG THE EAST LINE OF SAID JRT
SUBDIVISION TO THE NORTHEAST CORNER THEREOF, A STEEL BAR WITH A 2"
ALUMINUM CAP INSCRIBED "SURVEYOR SCHERBEL BIG PINEY WY PLS 164 2002
THENCE NORTH 89 °52'30" WEST, 295.19 FEET ALONG THE NORTH LINE OF SAID JRT
SUBDIVISION TO THE NORTHWEST CORNER THEREOF, A STEEL BAR WITH A 2"
ALUMINUM CAP INSCRIBED "SURVEYOR SCHERBEL BIG PINEY WY PLS 164 2002
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THENCE SOUTH 00 °53'58" WEST, 295.21 FEET ALONG THE WEST LINE OF SAID JRT
SUBDIVISION TO THE SOUTHWEST CORNER THEREOF AND THE NORTH LINE OF SAID
LAVOY TAYLOR TRACT, A STEEL BAR WITH A 2" ALUMINUM CAP INSCRIBED
"SURVEYOR SCHERBEL BIG PINEY WY PLS 164 2002
THENCE NORTH 89 °52'35" WEST, 675.73 FEET ALONG THE NORTH LINE OF SAID LAVOY
TAYLOR TRACT TO THE WEST LINE OF SAID TRACT 69;
THENCE NORTH 00 °03'57" EAST, 1080.54 FEET ALONG THE WEST LINE OF SAID TRACT 69
TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 18, SAID
POINT BEING MARKED BY A STEEL PIPE WITH A BRASS CAP INSCRIBED "PAUL N.
SCHERBEL LS 164" AND APPROPRIATE DETAILS;
THENCE, CONTINUING ALONG THE WEST LINE OF SAID TRACT 69, NORTH 00 °03'29" EAST,
1042.93 FEET TO THE NORTHWEST CORNER THEREOF (CORNER NO. 8 TRACT 69 AND
CORNER NO. 3 OF TRACT 70);
THENCE NORTH 00 °44'01" WEST, 1397.94 FEET ALONG THE WEST LINE OF SAID TRACT 70
TO THE POINT OF BEGINNING.
(SILVER PARCEL)
THAT PART OF TRACTS 54,58, 59, AND 66, TOWNSHIP 24 NORTH, RANGE 119 WEST, 6TH
P.M., LINCOLN COUNTY, WYOMING, LYING EAST OF THE EASTERLY RIGHT -OF -WAY LINE
OF THE OREGON SHORT LINE RAILROAD.
(EAST PARCEL)
A TRACT OF LAND LOCATED IN TRACTS 67, 68, 72, AND 73, TOWNSHIP 24 NORTH, RANGE
119 WEST, 6TH P.M., LINCOLN COUNTY, WYOMING, SAID TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT CORNER NO. 4 OF SAID TRACT 72, MONUMENTED BY A STEEL PIPE WITH
A 3 ALUMINUM CAP INSCRIBED "LS 2500" AND APPROPRIATE DETAILS, AND RUNNING
THENCE NORTH 89 °19'11" EAST, 1340.21 FEET ALONG THE NORTH LINE THEREOF TO
CORNER NO. 1 OF SAID TRACT 72 (IDENTICAL WITH CORNER NO. 4 OF SAID TRACT 73), A
STEEL PIPE WITH A 2 /2" BRASS CAP INSCRIBED "C.C. WALL LS 482 1977" AND
APPROPRIATE DETAILS;
THENCE SOUTH 89 °44'45" EAST, 1310.86 FEET ALONG THE NORTH LINE OF SAID TRACT 73
TO CORNER NO. 1 THEREOF, A STEEL BAR WITH A 1 /2" ALUMINUM CAP INSCRIBED
"1/73
THENCE SOUTH 00 °26'23" EAST, 2700.98 FEET ALONG THE EAST LINE OF SAID TRACT 73
TO CORNER NO. 3 THEREOF;
THENCE SOUTH 00 °28'03" WEST, 1335.86 FEET TO CORNER NO. 1 OF TRACT 66, A STEEL
PIPE WITH A BRASS CAP INSCRIBED "PAUL N. SCHERBEL LS 164" AND APPROPRIATE
DETAILS;
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THENCE SOUTH 88 °29'24" WEST, 1328.64 FEET ALONG THE NORTH LINE OF SAID TRACT 66
TO CORNER NO. 3 OF SAID TRACT 67;
THENCE SOUTH 00 °05'16" WEST, 119.04 FEET ALONG THE EAST LINE OF SAID TRACT 67 TO
THE EASTERLY RIGHT -OF -WAY LINE OF THE OREGON SHORT LINE RAILROAD AS
EVIDENCED BY AN EXISTING FENCE LINE;
THENCE NORTH 18 °44'31" WEST, 124.59 FEET ALONG SAID EXISTING FENCE AND RIGHT
OF -WAY LINE;
THENCE NORTH 18 °31'39" WEST, 1391.01 FEET, MORE OR LESS, ALONG SAID EXISTING
FENCE AND RIGHT -OF -WAY LINE TO THE SOUTH LINE OF SAID TRACT 72;
THENCE NORTH 88 °20'03" EAST, 39.61 FEET ALONG SAID SOUTH LINE OF SAID RIGHT -OF-
WAY LINE TO A POINT ON SAID EASTERLY RAILROAD RIGHT -OF -WAY LINE AS
ESTABLISHED FROM RAILROAD ALIGNMENT PLANS AT 100' EASTERLY OF THE
CENTERLINE OF THE MAIN TRACK;
THENCE NORTH 18 °36'49" WEST, 2893.57 FEET ALONG SAID RIGHT -OF -WAY LINE TO THE
NORTH LINE OF SAID TRACT 68;
THENCE NORTH 89 °19'10" EAST, 33.59 FEET ALONG SAID NORTH LINE TO THE POINT OF
BEGINNING.
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