HomeMy WebLinkAbout972008FSA 1927 -1 WY
(10-28-03)
THIS MORTGAGE "instrument is made on July 15 20 13 The mortgagor is Teichert Brothers
LLC, a Wyoming limited liability company; Timothy Monte Teichert, member; Matthew John Teichert,
member
Date of Instrument
07/15/2013
datP
7- (5
Position 5
UNITED STATES DEPARTMENT OF AGRICULTURE
Farm Service Agency
MORTGAGE FOR WYOMING
"Borrower whose mailing address is Po Box 164 Cokeville, WY 83114
Principal Amount
$500,000.00
See attached Exhibit A for legal description.
Annual Rate Due Date of Final
of Interest Installment
2.125% 07/15/2020
RECEIVED 7/15/2013 at 4:23 PM
RECEIVING 972008
BOOK: 815 PAGE: 659
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
0659
This instrument is given to the United States of America, acting
through the Farm Service Agency, United States Department of Agriculture "Government located at 508 N Broadway Avenue
Riverton, WY 82501
This instrument secures the following promissory notes, assumption agreements, and/or shared appreciation agreements (collectively
called "note which have been executed or assumed by the Borrower unless otherwise noted, are payable to the Government, and
authorize acceleration of the entire debt upon any default:
(The interest rate for any limited resource farm ownership or limited resource operating loans secured by this instrument may be
increased as provided in Government regulations and the note.)
By execution of this instrument, Borrower acknowledges receipt of all of the proceeds of the loan or loans evidenced by the above
note.
This instrument secures to the Government: (1) payment of the note and all extensions, renewals, and modifications thereof;
(2) recapture of any amount due under any Shared Appreciation Agreement entered into pursuant to 7 U.S. C. 2001; (3) payment
of all advances and expenditures, with interest, made by the Government, and (4) the obligations and covenants of Borrower set forth
in this instrument, the note, and any other loan agreements.
In consideration of any loan made by the Government pursuant to the Consolidated Farm and Rural Development Act, 7 U.S.C.
1921 et seq. as evidenced by the note, Borrower irrevocably mortgages, grants and conveys to the Government the following
described property situated in the State of Wyoming, County or Counties of Lincoln
together with all rights (including the rights to mining products, gravel, oil, gas, coal or other minerals), interests, easements, fixtures,
hereditaments, appurtenances, and improvements now or later attached thereto, the rents, issues and profits thereof, revenues and
income therefrom, all water, water rights, and water stock pertaining thereto, and all payments at any time owing to Borrower by
virtue of any sale, lease, transfer, or condemnation of any part thereof or interest therein (collectively called "the property"). This
instrument constitutes a security agreement and financing statement under the Uniform Commercial Code and creates a security
interest in all items which may be deemed to be personal property, including but not limited to proceeds and accessions, that are now
or hereafter included in, affixed, or attached to "the property."
Borrower COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and
convey the property and that the property is unencumbered, except for encumbrances of record. Borrower warrants and will defend
the title to the property against all claims and demands, subject to any encumbrances of record.
This instrument combines uniform covenants for national use and non uniform covenants with limited variations by jurisdiction to
constitute a uniform mortgage covering real property.
FSA 1927 -1 WY (10- 28 -03) Page 1 of 6
UNIFORM COVENANTS. Borrower COVENANTS AND AGREES as follows:
1. Payment. Borrower shall pay promptly when due any indebtedness to the Government secured by this instrument.
2. Fees. Borrower shall pay to the Government such fees and other charges that may now or later be required by
Government regulations.
3. Application of payments. Unless applicable law or Government's regulations provide otherwise, all payments received
by Government shall be applied in the following order of priority: (a) to advances made under this instrument; (b) to accrued interest
due under the note; (c) to principal due under the note; (d) to late charges and other fees and charges.
4. Taxes, liens, etc. Borrower shall pay when due all taxes, liens, judgments, encumbrances, and assessments lawfully
attaching to or assessed against the property and promptly deliver to the Government without demand receipts evidencing such
payments.
5. Assignment. Borrower grants and assigns as additional security all the right, title and interest in: (a) the proceeds of any
award or claim for damages, direct or consequential, in connection with any condemnation or taking by eminent domain or otherwise
of any part of the property, or for conveyance in lieu of condemnation; (b) all bonuses, rentals, royalties, damages, delay rentals and
income that may be due or become due and payable to the Borrower or Borrower's assigns under any existing or future oil, gas,
mining or mineral lease covering any portion of the property; and (c) all rents, issues, profits, income and receipts from the property
and from all existing or future leases, subleases, licenses, guaranties and any other agreements for the use and occupancy of any
portion of the property, including any extensions, renewals, modifications or substitutions of such agreements. Borrower warrants the
validity and enforceability of this assignment.
Borrower authorizes and directs payment of such money to the Government until the debt secured by this instrument is paid in full.
Such money may, at the option of the Government, be applied on the debt whether due or not. The Government shall not be obligated
to collect such money, but shall be responsible only for amounts received by the Government. In the event any item so assigned is
determined to be personal property, this instrument will also be regarded as a security agreement.
Borrower will promptly provide the Government with copies of all existing and future leases. Borrower warrants that as of the date of
executing this instrument no default exists under existing leases. Borrower agrees to maintain, and to require the tenants to comply
with, the leases and any applicable law. Borrower will obtain the Government's written authorization before Borrower consents to
sublet, modify, cancel, or otherwise alter the leases, or to assign, compromise, or encumber the leases or any future rents. Borrower
will hold the Government harmless and indemnify the Government for any and all liability, loss or damage that the Government may
incur as a consequence of this assignment.
6. Insurance. Borrower shall keep the property insured as required by and under insurance policies approved by the
Government and, at its request, deliver such policies to the Government. If property is located in a designated flood hazard area,
Borrower also shall keep property insured as required by 42 U.S. C. 4001 et seq. and Government regulations. All insurance
policies and renewals shall include a standard mortgagee clause.
7. Advances by Government. The Government may at any time pay any other amounts required by this instrument to be
paid by Borrower and not paid by Borrower when due, as well as any cost for the preservation, protection, or enforcement of this lien,
as advances for the account of Borrower. Advances shall include, but not be limited to, advances for payments of real property taxes,
special assessments, prior liens, hazard insurance premiums, and costs of repair, maintenance, and improvements. All such advances
shall bear interest at the same rate as the note which has the highest interest rate. All such advances, with interest, shall be
immediately due and payable by Borrower to the Government without demand. No such advance by the Government shall relieve
Borrower from breach of Borrower's covenant to pay. Any payment made by Borrower may be applied on the note or any secured
debt to the Government, in any order the Government determines.
8. Protection of lien. Borrower shall pay or reimburse the Government for expenses reasonably necessary or incidental to
the protection of the lien and its priority and the enforcement or compliance with this instrument and the note. Such expenses include,
but are not limited to: costs of evidence of title to, and survey of, the property, costs of recording this and other instruments; attorneys'
fees; trustees' fees, court costs; and expenses of advertising, selling, and conveying the property.
9. Authorized purposes. Borrower shall use the loan evidenced by the note solely for purposes authorized by the
Government.
10. Repair and operation of property. Borrower shall: (a) maintain improvements in good repair; (b) make repairs
required by the Government; (c) comply with all farm conservation practices and farm management plans required by the
Government, and (d) operate the property in a good and husbandlike manner. Borrower shall not (e) abandon the property; (f) cause
or permit waste, lessening or impairment of the property; or (g) cut, remove, or lease any timber, gravel, oil, gas, coal, or other
minerals without the written consent of the Government, except as necessary for ordinary domestic purposes.
11. Legal compliance. Borrower shall comply with all laws, ordinances, and regulations affecting the property.
12. Transfer or encumbrance of property. Except as provided by Government regulations, the Borrower shall not lease,
assign, sell, transfer, or encumber, voluntarily or otherwise, any of the property without the written consent of the Government. The
Government may grant consents, partial releases, subordinations, and satisfactions in accordance with Government regulations.
Initial date
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0660
FSA 1927 -1 WY (10- 28 -03) Page 2 of 6
13. Inspection. At all reasonable times the Government may inspect the property to ascertain whether the covenants and
agreements contained in this instrument are being performed.
14. Hazardous substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
hazardous substances on or in the property. The preceding sentence shall not apply to the presence, use, or storage on the property of
small quantities of hazardous substances that are generally recognized to be appropriate to normal use and maintenance of the
property. Borrower covenants that Borrower has made full disclosure of any such known, existing hazardous conditions affecting the
property. Borrower shall not do, nor allow anyone else to do, anything affecting the property that is in violation of any federal, state,
or local environmental law or regulation. Borrower shall promptly give the Government written notice of any investigation, claim,
demand, lawsuit or other action by any governmental or regulatory agency or private party involving the property and any hazardous
substance or environmental law or regulation of which Borrower has actual knowledge. If Borrower learns, or is notified by any
governmental or regulatory authority, that any removal or other remediation of any hazardous substance affecting the property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with applicable environmental law and
regulations. As used in this paragraph, "hazardous substances" are those substances defined as toxic or hazardous substances by
environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph,
"environmental law" means Federal laws and regulations and laws and regulations of the jurisdiction where the property is located
that relate to health, safety or environmental protection.
15. Adjustment; release; waiver; forbearance. In accordance with Government regulations, the Government may
(a) adjust the interest rate, payment, terms or balance due on the loan, (b) increase the mortgage by an amount equal to deferred
interest on the outstanding principal balance, (c) extend or defer the maturity of, and renew and reschedule the payments on the note,
(d) release any party who is liable under the note from liability to the Government, (e) release portions of the property and
subordinate its lien, and (f) waive any other of its rights under this instrument. Any and all of this can and will be done without
affecting the lien or the priority of this instrument or Borrower's liability to the Government for payment of the note secured by this
instrument unless the Government provides otherwise in writing. HOWEVER, any forbearance by the Government whether once or
often in exercising any right or remedy under this instrument, or otherwise afforded by applicable law, shall not be a waiver of or
preclude the exercise of any such right or remedy.
16. Graduation. If the Government determines that Borrower may be able to obtain a loan from a responsible cooperative
or private credit source at reasonable rates and terms for loans for similar purposes and periods of time, Borrower will, upon the
Government's request, apply for and accept such a loan in sufficient amount to pay the note secured by this instrument and to pay for
stock necessary to be purchased in a cooperative lending agency in connection with such loan.
17. Forfeiture. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in
the Government's good faith judgment could result in forfeiture of the property or otherwise materially impair the lien created by this
instrument or the Government's security interest. Borrower may cure such default by causing the action or proceeding to be dismissed
with a ruling that precludes forfeiture of the Borrower's interest in the property or other material impairment of the lien created by this
security instrument or the Government's security interest.
18. False statement. Borrower also shall be in default if Borrower, during the loan application process, gave materially
false or inaccurate information or statements to the Government (or failed to provide the Government with any material information)
in connection with the loan evidenced by the note.
19. Cross Collateralization. Default under this instrument shall constitute default under any other security instrument held
by the Government and executed or assumed by Borrower. Default under any other such security instrument shall constitute default
under this instrument.
20. Highly erodible land; wetlands. Any loan secured by this instrument will be in default if Borrower uses any loan
proceeds for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an
agricultural commodity as provided in 7 C.F.R. part 1940, subpart G, or any successor Government regulation.
21. Non discrimination. If any part of the loan for which this instrument is given shall be used to finance the purchase,
construction or repair of property to be used as an owner occupied dwelling (herein called "the dwelling and if Borrower intends to
sell or rent the dwelling and has obtained the Government's consent to do so (a) neither Borrower nor anyone authorized to act for
Borrower will, after receipt of a bona fide offer, refuse to negotiate for the sale or rental of the dwelling or will otherwise make
unavailable or deny the dwelling to anyone because of race, color, religion, sex, national origin, disability, familial status or age, and
(b) Borrower recognizes as illegal and hereby disclaims, and will not comply with or attempt to enforce any restrictive covenants on
the dwelling relating to race, color, religion, sex, national origin, disability, familial status or age.
Initia
date
7 —(5e
0661
FSA 1927 -1 WY (10- 28 -03) Page 3 of 6
22. Notices. Notices given under this instrument shall be sent by certified mail unless otherwise required by law. Such
notices shall be addressed, unless and until some other address is designated in a notice, in the case of the Government to the State
Executive Director of the Farm Service Agency at the mailing address shown above, and in the case of Borrower at the address shown
in the Government's Finance Office records (which normally will be the same as the mailing address shown above).
23. Governing law; severability. This instrument shall be governed by Federal law. If any provision of this instrument or
the note or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of this instrument or the note which can be given effect without the invalid provision or application. The provisions of
this instrument are severable. This instrument shall be subject to the present regulations of the Government, and to its future
regulations not inconsistent with the express provisions hereof. All powers and agencies granted in this instrument are coupled with
an interest and are irrevocable by death or otherwise, and the rights and remedies provided in this instrument are cumulative to
remedies provided by law.
24. Successors and assigns; joint and several covenants. The covenants and agreements of this instrument shall bind and
benefit the successors and assigns of Government and Borrower. Borrower's covenants and agreements shall be joint and several.
Any Borrower who co -signs this instrument but does not execute the Note: (a) is co- signing this instrument only to mortgage, grant
and convey that Borrower's interest in the property under this instrument; (b) is not personally obligated to pay the sums secured by
this instrument; and (c) agrees that the Government and any other Borrower may agree to extend, modify, forbear or make any
accommodations with regard to the terms of this instrument or the note without that Borrower's consent.
25. No merger. If this instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the property, the leasehold and the fee title shall not merge unless the Government agrees to the merger in writing.
If the property is conveyed to the Government, title shall not merge (unless the Government elects otherwise) and the lien provided
under this instrument shall not be affected by such conveyance.
26. Time is of the essence. Time is of the essence in the Borrower's performance of all duties and obligations under this
instrument.
NON UNIFORM COVENANTS. Borrower further COVENANTS AND AGREES as follows:
27. Default; death; incompetence; bankruptcy. Should default occur in the performance or discharge of any obligation in
this instrument or secured by this instrument, or should the Borrower die or be declared incompetent, or should the Borrower be
discharged in bankruptcy or declared an insolvent or make an assignment for the benefit of creditors, the Government, at its option,
with or without notice, may: (a) declare the entire amount unpaid under the note and any debt to the Government hereby secured
immediately due and payable, (b) for the account of Borrower incur and pay reasonable expenses for repair or maintenance of, and
take possession of, operate or rent the property, (c) upon application by it and production of this instrument, without other evidence
and without notice of hearing of said application, have a receiver appointed for the property, with the usual powers of receivers in like
cases, (d) foreclose this instrument and sell the property as prescribed by law, and (e) enforce any and all other rights and remedies
provided herein or by present or future law.
28. State law. Borrower agrees that the Government will not be bound by any present or future State laws, (a) providing
for valuation, appraisal, homestead or exemption of the property, (b) prohibiting maintenance of any action for a deficiency judgment
or limiting the amount thereof or the time within which such action must be brought, (c) prescribing any other statute of limitations,
(d) allowing any right of redemption or possession following any foreclosure sale, or (e) limiting the conditions which the
Government may by regulation impose, including the interest it may charge, as a condition of approving a transfer of the property to a
new Borrower. Borrower expressly waives the benefit of any such State laws.
29. Assignment of leases and rents. Borrower agrees that the assignment of leases and rents in this instrument is
immediately effective on the recording of this instrument. Upon default, the Borrower will receive any rents in trust for the
Government, and Borrower will not commingle the rents with any other funds. Any amounts collected shall be applied at the
Government's discretion first to costs of managing, protecting and preserving the property, and to any other necessary related
expenses. Any remaining amounts shall be applied to reduce the debt evidenced by the note(s). Borrower agrees that the
Government may demand that Borrower and Borrower's tenants pay all rents due or to become due directly to the Government if the
Borrower defaults and the Government notifies Borrower of the default. Upon such notice, Borrower will endorse and deliver to the
Government any payments of rents. If the Borrower becomes subject to a bankruptcy, then Borrower agrees that the Government is
entitled to receive relief from the automatic stay in bankruptcy for the purpose of enforcing this assignment.
30. Application of foreclosure proceeds. The proceeds of foreclosure sale shall be applied in the following order to the
payment of: (a) costs and expenses incident to enforcing or complying with this instrument, (b) any prior liens required by law or a
competent court to be so paid, (c) the debt evidenced by the note and all other debt to the Government secured by this instrument, (d)
inferior liens of record required by law or a competent court to be so paid, (e) at the Government's option, any other debt of Borrower
to the Government, and (f) any balance to Borrower. If the Government is the successful bidder at foreclosure or other sale of all or
any part of the property, the Government may pay its share of the purchase price by crediting such amount on any debts of Borrower
owing to the Government in the order prescribed above.
0662
FSA 1927 -1 WY (10- 28 -03) Page 4 of 6
31. Power of Sale. At the option of the Government this mortgage may be foreclosed by action or advertisement under
Power of Sale as provided by law and statute, and Borrower here irrevocably vests in the Government the statutory Power of Sale.
32. Surplus Proceeds. Borrower hereby assigns to the Government all Borrower's rights under Wyoming law, or any other
legal authority, to surplus proceeds and/or surplus funds remaining after the sale of the security property under statutory Power of
Sale procedures or any foreclosure sale, or similar sale, exercised by any foreclosing or other party and hereby waives any claim
against any officer or any other person making such sale for paying said surplus to the Government.
33. Grazing Permits. Borrower hereby assigns or waives in favor of the Government all grazing privileges, permits,
licenses, or leases appurtenant to or used in connection with said land, and Borrower further covenants and agrees to execute any and
all forms and documents that may be necessary and/or required by Government to effect said assignment or waiver and further
covenants and agrees to procure renewals thereof prior to their expiration and to pay all fees and charges and to perform all acts and
do things necessary to keep and preserve all said grazing rights and renewals thereof, and in the event of the failure of Borrower to do
any of these things these the Government may do so on behalf of Borrower, including advancing such sums as may be necessary for
this purpose, and such funds advanced shall be secured by the instrument.
By signing below, Borrower accepts and agrees to the terms and covenants contained in this instrument and in any rider executed by
Borrower and recorded with this instrument.
eiche, /:rothe s LC, a
Wyomi g limited liability (SEAL)
company by:
Matthew John Teichert, member
Teichert(Individual)
STATE OF WYO
COUNTY OF
On this 1P day of
M fithevu T Ala i T
to the foregoing instrument, and acknowledged that (he or she) signed and delivered the instrument as (his or her) free and voluntary
acts, for the uses and purposes set forth.
My commission expires:
o? k.-1
Note: Page 6 of 6 applies to entities only and will not be recorded for individuals.
Initial
iJ 7— s' 13
date
i
It
jf G/ (..01
(SEAL)
ACKNOWLEDGMENTS
ss. (Individual)
Teich rothers LLC, a
Wyoming limited liability
company by: Timothy Monte
Teichert, member
Teichert(Individual)
in the year l 3 ,,be me, the undersigned, personally appeared
i o l�l,6. 4-t_ 1 e r known to me to be same whose name is subscribed
NOTARY PUBLIC
SNELLEY SANbALL NOTARY PUBIC
mot Sure of
'!r WyaninQ
0663
(SEAL)
(SEAL)
FSA 1927 -1 WY (10- 28 -03) Page 5 of 6
STATE OF WY MING
COUNTY OF LANco 1,v\ ss. (Corporation)
I
The foregoing instrument was acknowledge before me this day of
n
A 4,..4, ,.,F b Lam T:e. Lc -erf ,.i a n� 711 c, 1 \t S
of Tit,(-Le r 3 -e (f, La_
My commission expires:
STATE OF WYOMING
COUNTY OF
My commission expires:
Initia
date���5
th
The foregoing instrument was acknowledged before me this
partnership.
(Partnership)
Partners, on behalf of the
day of
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by y-�� c
tfea, e
at on behalf of the
NOTARY PUBLIC
,a
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by
NOTARY PUBLIC
0664
FSA 1927 -1 WY (10- 28 -03) Page 6 of 6
EXHIBIT "A"
Parcel 1
(West parcel)
A tract of land located in Tracts 57, 66, 67, 68, 69, 70, 71, and 72, T24N R119W, 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 S89 °55'06 "E, 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;
thence N27 °58'04 "E, 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 N29 °54'04 "E, 927.75 feet to a point tangent;
thence N31 °50'04 "E, 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 N23 °32'14 "E, 275.61 feet, to a point lying on the north line of said Tract 71;
thence S89 °47'40 "E, 78.67 feet along said north line of Tract 71 to Corner No. 3 of Tract 83, a 2 -W aluminum
pipe with a 3 aluminum cap inscribed "LS 2500" and appropriate details;
thence continuing along said north line of Tract 71, S89 °50'53 "E, 1323.01 feet to Corner No. 1 thereof (also
Corner No. 4 of said Tract 68) a 2-Y2" aluminum pipe with a 3 -W aluminum cap inscribed "LS 2500" and
appropriate details;
thence N89 °19'02 "E, 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 S18 °36'49 "E, 2897.34 feet, more or less, along said right -of -way line to the north line of Tract 67;
thence N88 °20'03 "E, 44.16 feet along said right -of -way line and the north line of said Tract 67 to an existing fence
line;
thence S18 °37'42 "E, 2076.95 feet along said right -of -way line as evidenced by the existing fence line;
thence S72 °43'16" W, 38.81 feet along said existing fence and right -of -way line;
thence S18 °33'49 "E, 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 S88 °51'36 "W, 192.88 feet from Corner No. 6 of said Tract 66;
thence S88 °51'36 "W, 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 aluminum cap inscribed "Stanton G. Taggart PLS 6386" and
appropriate details; said corner lying on the east line of said Tract 57;
thence N00 °05'17 "E, 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, S89 °32'51 "W, 1318.87 feet to Corner No. 4 of said Tract 57, a 3/4" steel
bar with a 3 -W aluminum cap inscribed "Stanton G. Taggart PLS 6386" and appropriate details;
thence continuing S89 °32'51 "W, 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 N89 °54'40 "W, 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, N89 °49'17 "W, 376.56 feet to Corner No. 5 thereof, the
original stone monument;
thence N00 °04'44 "E, 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 N00 °05'21 "E, 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 N89 °52'10 "W, 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 N00 °55'54 "E, 450.39 feet along said centerline and the east line of said Lavoy Taylor tract to the northeast
corner thereof:
thence N89 °52'34 "W, 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 N00 °55'54 "E, 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 N89 °52'30 "W, 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
thence S00 °53'58 "W, 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 N89 °52'35 "W, 675.73 feet along the north line of said Lavoy Taylor Tract to the west line of said Tract 69;
thence, continuing along the west line of said Tract 69, N00 °03'29 "E, 1042.93 feet to the northwest corner thereof
(Corner No. 8 Tract 69 and Corner No. 3 of Tract 70);
thence N00 °44'01 "W, 1397.94 feet along the west line of said Tract 70 to the point of beginning.
Excepting therefrom the land described in Quitclaim Deeds recorded January 27, 2012 in Book 780PR on page
188 and recorded February 3, 2012 in Book 780PR on page 738 of the records of the Lincoln County Clerk.
(Sliver Parcel)
That part of Tracts 54,58, 59 and 66, T24N R119W, 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, T24N R119W, 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 -W aluminum cap inscribed "LS
2500" and appropriate details, and running thence N89 °19'11 "E, 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 %Z' brass cap
inscribed "C.C. Wall LS 482 1977" and appropriate details;
thence S89 °44'45 "E, 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 S00 °26'23 "E, 2700.98 feet, along the east line of said Tract 73 to Corner No. 3 thereof;
0666
thence N00 °03'57 "E, 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 PLS 164"
and appropriate details;
066';
thence S00 °28'03 "W, 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;
thence S88 °29'24 "W, 1328.64 feet along the north line of said Tract 66 to Corner No. 3 of said Tract 67;
thence S00 °05'16 "W, 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 N18 °44'31 "W, 124.59 feet along said existing fence and right -of -way line;
thence N18 °31'39 "W, 1391.01 feet, more or less, along said existing fence and right -of -way line to the south line
of said Tract 72;
thence N88 °20'03 "E, 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 N18 °36'49 "W, 2893.57 feet along said right -of -way line to the north line of said Tract 68;
thence N89 °19'10 "E, 33.59 feet along said north line to the point of beginning.
T24N R119W, 6th P.M., Lincoln County, Wyoming
Tract 45: All that part of Tract 45 lying westerly of the westerly right -of -way line of the Oregon Short Line Railroad.
Tract 59: All of that part of Tract 59 lying westerly of the westerly right -of -way line of the Oregon Short Line
Railroad.
Tract 58: All of that part of Tract 58 lying westerly of the westerly right -of -way line of the Oregon Short Line
Railroad.
Tract 54: All of that part of Tract 54 lying westerly of the westerly right -of -way line of the Oregon Short Line
Railroad.
Tract 57: That part of Tract 57 described as follows:
Commencing at the northeast corner (Corner No. 1) of said Tract 57 running thence S0 °05'17 "W,
1306.71 feet, along the east line thereof to the point of beginning;
thence continuing S0 °05'17 "W, 1312.72, feet along said east line to Corner No. 6 of Tract 58;
thence S0 °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 S89 °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 N0 °14'02 "E, 1319.74 feet along the west line of said Tract 57 to Corner No. 2 of Tract 56;
thence N0 °04'29 "W, 1294.68 feet along the west line of said Tract 57 to Corner No. 4 thereof;
thence N89 °32'51 "E, 1318.87 feet to the point of beginning.
Section 20: All of Lots 4, 7, 14 and 15.
Tract 45: All that part of Tract 45 lying the easterly of the easterly right -of -way line of the Oregon Short Line
Railroad.
Tract 46: All of that part of Tract 46, excepting therefrom State Highway 30.
Tract 51: All of Tract 51, excepting therefrom the land described in Warranty Deed recorded December 15, 2006
in Book 643PR on page 688 of the records of the Lincoln County Clerk.
Also excepting therefrom the land described in Warranty Deeds recorded March 3, 2008 in Book 688PR
on pages 526 and 528 of the records of the Lincoln County Clerk.
Also less U.S. Highway 30 right -of -way.
Parcel 2
The E% of Section 4 and the E% of Section 9, T26N R118W of the 6th P.M., Lincoln County, Wyoming.
ALSO
That part of Tract 37 of Section 4, T26N R118W of the 6th P.M., Lincoln County, Wyoming being more particularly
described as follows:
Beginning at a point N52 °31.5' W, 394.63 feet from the S%4 corner of said Section where found a 1" iron pipe with
brass cap inscribed "AP4, TR37 1932" and a 1" iron pipe with brass cap inscribed %4 S4 /S9 1932
thence N56 °17.2'W, 491.57 feet to a point;
thence N01 °33.2'W, 724.97 feet to a point;
thence N89 °15.3'E, 289.19 feet to a point;
thence N04 °57.7'W, 645.71 feet to a point;
thence N89 °00.3'E, 518.80 feet to a point on the east line of said Tract No. 37;
thence S00 °17.3'W, 1500.83 feet along said east line, to a point;
thence N89 °46.7'W, 277.58 feet to a point;
thence S13 °53.5'W, 158.80 feet to the point of beginning.
Parcel 3
The right of access provided for in documents recorded May 23, 1973 in Book 105PR on page 38 and recorded
February 14, 1974 in Book 110PR on page 316 of the records of the Lincoln County Clerk.
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