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HomeMy WebLinkAbout973479J b l t5 t5 RECEIVED 9/27/2013 at 3:44 PM RECEIVING 973479 BOOK: 821 PAGE: 391 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0391 MORTGAGE THIS MORTGAGE is made on the c S day of September, 2013, by AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, a Delaware limited liability company, 2500 East Kearney, Springfield, Missouri 65898, hereinafter referred to as "Mortgagor Mortgagor does hereby mortgage, grant and convey to ARTURO H. PERALTA- RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST UNDER THE ARTURO H. PERALTA RAMOS, III FAMILY TRUST DATED MAY 7, 1999 AND ANY AMENDMENTS THERETO, hereinafter referred to as "Mortgagee with power of sale, certain real property located in Lincoln County, Wyoming, more specifically described below, upon the terms and conditions set forth below. Mortgagor, for and in consideration of the sum of One Million One Hundred Fifty -Five Thousand Dollars ($1,155,000.00) lawful money of the United States and other valuable consideration, loaned to Mortgagor by Mortgagee, evidenced by a Secured Promissory Note of even date herewith, the receipt of which is hereby confessed and acknowledged, does hereby mortgage to Mortgagee forever, the following described real property situate in the County of Lincoln, State of Wyoming: See legal description attached hereto as Exhibit A. Together with all buildings and improvements thereon, or which may hereafter be placed thereon; all fixtures now or hereafter attached to said premises; all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, and irrigation and drainage rights; and all easements, appurtenances and incidents now or hereafter belonging or appertaining there to; subject, however, to all covenants, conditions, easements, and right -of -way, and to mineral, mining and other exceptions, reservations and conditions of sight and /or of record. Hereinafter referenced as the "Property Mortgagor covenants that at the signing and delivery of the Mortgage, said Mortgagor is lawfully seized in fee simple of the Property, or has such other estate as is stated herein; has MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 1 OF 15 good and lawful right to mortgage, sell and convey all of the Property; and that the same is free from all encumbrances (other than these of record). However, this Mortgage is subject to the express condition that if Mortgagor pays, or causes to be paid, to Mortgagee the sum of One Million One Hundred Fifty -Five Thousand Dollars ($1,155,000.00), together with interest at the rate of three percent (3 per annum, until paid, according to the conditions of the Secured Promissory Note of even date, which Secured Promissory Note was executed and delivered by Mortgagor to Mortgagee, which sum or sums of money Mortgagor hereby covenants to pay, and until such payment, performs all of the covenants and agreements herein to be performed by Mortgagor, then this Mortgage and said note shall cease and be null and void. Mortgagor further covenants and agrees as follows: MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 2 OF 15 0392 1. Payment Late Payments. Mortgagor shall pay the indebtedness as herein provided, in U.S. currency, and the lien of this instrument shall remain in full force and effect during any postponement or extension of time of payment of any part of the indebtedness secured hereby. Payments are deemed received by Mortgagee when received at the location designated in the Secured Promissory Note or at such other location as may be designated by Mortgagee in accordance with the notice provisions in Section 18. Mortgagee may return any payment or partial payment if the payment or partial payments are insufficient to bring the Secured Promissory Note current. Mortgagee may accept any payment or partial payment insufficient to bring the Secured Promissory Note current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Mortgagee is not obligated to apply such payments at the time such payments are accepted. If each payment is applied as of its scheduled due date, then Mortgagee need not pay interest on unapplied funds. Mortgagee may hold such unapplied funds until Mortgagor makes payment to bring the Secured Promissory Note current. If Mortgagor does not do so within a reasonable period of time, Mortgagee shall either apply such funds or return them to Mortgagor. If not applied earlier, such funds will be applied to the outstanding principal balance under the Secured Promissory Note immediately prior to foreclosure. No offset or claim which Mortgagor might have now or in the future against Mortgagee shall relieve Mortgagor from making payments due under the Secured Promissory Note and this Mortgage or performing the covenants and agreements secured by this Mortgage. Except as otherwise described in this Section 2, all payments accepted and applied by Mortgagee shall be applied in the following order of priority: a) interest due under the Secured Promissory Note; (b) principal due under the Secured Promissory Note; (c) amounts due under Section 7. Such payments shall be applied to each payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Mortgage, and then to reduce the principal balance of the Secured Promissory Note. 0393 If Mortgagee receives a payment from Mortgagor for a delinquent payment that includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one payment is outstanding, Mortgagee may apply any payment received from Mortgagor to the repayment of the payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more payments, such excess may be applied to any late charges due. Any application of payments or insurance proceeds to principal due under the Secured Promissory Note shall not extend or postpone the due date, or change the amount, of a payment. 2. Prepayments. Mortgagor shall have the privilege of paying any principal sum or sums plus accrued interest, in addition to the payments herein required, at any time without premium or penalty of any kind, and it is understood and agreed that any such prepayment shall be credited first to interest and the balance to principal in the inverse order of when due. 3. Transfer of the Property Due on Sale. If all or any part of the Property or any interest herein is sold or transferred by any means by Mortgagor without Mortgagee's prior written consent, which consent may be a partial release of this Mortgage as provided herein, excluding the creation of a lien or encumbrance subordinate to this Mortgage or a transfer by devise, descent or by operation of law upon the death of a joint tenant, Mortgagee may, at Mortgagee's option, declare all the sums secured by this Mortgage to be immediately due and payable. Any delay or failure on the part of Mortgagee to demand such payment shall not prejudice Mortgagee's right there to. Mortgagee shall have waived such option to accelerate if, prior to the sale or transfer, Mortgagee at Mortgagee's sole discretion, enters into a written agreement with the person whom the Property is to be sold or transferred expressly consenting to such assumption and setting forth any new terms or conditions of this Mortgage as may be requested by Mortgagee in exchange for Mortgagee agreeing to an assumption of this Mortgage. 4. Taxes and Assessments. Mortgagor shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Mortgage, leasehold payments or ground rents on the Property, if any, and community association dues, fees, and assessments, if any. Mortgagor shall promptly discharge any lien which has priority over this Mortgage unless Mortgagor: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Mortgagee, but only so long as Mortgagor is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Mortgagee's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Mortgagee subordinating the lien to this Mortgage. If Mortgagee determines that any part of the Property is subject to a lien which can MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 3 OF 15 0394 attain priority over this Mortgage, Mortgagee may give Mortgagor a notice identifying the lien. Within ten (10) days of the date on which that notice is given, Mortgagor shall satisfy the lien or take one or more of the actions set forth above in this section. 5. Preservation, Maintenance and Protection of the Property; Inspections. Mortgagor shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Mortgagor is residing in the Property, Mortgagor shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 6 that repair or restoration is not economically feasible, Mortgagor shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Mortgagor shall be responsible for repairing or restoring the Property only if Mortgagee has released proceeds for such purposes. Mortgagee may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Mortgagor is not relieved of Mortgagor's obligation for the completion of such repair or restoration. Mortgagee or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Mortgagee may inspect the interior of the improvements on the Property. Mortgagee shall give Mortgagor notice at the time of or prior to such an interior inspection specifying such reasonable cause. 6. Insurance. As collateral and further security for the payment of the indebtedness hereby secured, Mortgagor shall keep the improvements now existing or hereinafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Mortgagee requires insurance, to the full insurable value thereof for the term of this Mortgage, and will pay when due all premiums on such insurance. This insurance shall be maintained in the amounts and for the periods that Mortgagee reasonably requires. If Mortgagor fails to maintain any of the coverages described above, Mortgagee may obtain insurance coverage, at Mortgagee's option and Mortgagor's expense. Mortgagee is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Mortgagee, but might or might not protect Mortgagor, Mortgagor's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Mortgagor acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Mortgagor could have obtained. Any amounts disbursed by Mortgagee under this section shall become additional debt of Mortgagor secured by this Mortgage. These amounts shall bear interest at the Secured Promissory Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Mortgagee to Mortgagor requesting payment. MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 4 OF 15 All insurance policies required by Mortgagee and renewals of such policies shall be carried in responsible insurance companies licensed in Wyoming, shall include a standard mortgage clause, and shall name Mortgagee as mortgagee and /or as an additional loss payee. If Mortgagee requires, Mortgagor shall promptly give to Mortgagee all receipts of paid premiums and renewal notices. If Mortgagor obtains any form of insurance coverage, not otherwise required by Mortgagee, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Mortgagee as mortgagee and/or as an additional loss payee. In the event of loss, Mortgagor shall give prompt notice to the insurance carrier and Mortgagee. Mortgagee may make proof of loss if not made promptly by Mortgagor. Unless Mortgagee and Mortgagor otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Mortgagee, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Mortgagee's security is not lessened. During such repair and restoration period, Mortgagee shall have the right to hold such insurance proceeds until Mortgagee has had an opportunity to inspect such Property to ensure the work has been completed to Mortgagee's satisfaction, provided that such inspection shall be undertaken promptly. Mortgagee may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Wyoming law requires interest to be paid on such insurance proceeds, Mortgagee shall not be required to pay Mortgagor any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Mortgagor shall not be paid out of the insurance proceeds and shall be the sole obligation of Mortgagor. If the restoration or repair is not economically feasible or Mortgagee's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with the excess, if any, paid to Mortgagor. Such insurance proceeds shall be applied in the order provided for in Section 1. If Mortgagor abandons the Property, Mortgagee may file, negotiate and settle any available insurance claim and related matters. If Mortgagor does not respond within thirty (30) days to a notice from Mortgagee that the insurance carrier has offered to settle a claim, then Mortgagee may negotiate and settle the claim. The thirty (30) day period will begin when the notice is given. In either event, or if Mortgagee acquires the Property under foreclosure or otherwise, Mortgagor hereby assigns to Mortgagee (a) Mortgagor's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Secured Promissory Note or this Mortgage; and (b) any other of Mortgagor's rights (other than the right to any refund of unearned premiums paid by Mortgagor) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Mortgagee may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Secured Promissory Note or this Mortgage, whether or not then due. 7. Protection of Mortgagee's Interest in the Property and Rights Under this Mortgage. If: (a) Mortgagor fails to perform the covenants and agreements contained in this MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS HI, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 5 OF 15 0395 0396 Mortgage, (b) there is a legal proceeding that might significantly affect Mortgagee's interest in the Property and /or rights under this Mortgage (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Mortgage or to enforce laws or regulations), or (c) Mortgagor has abandoned the Property (and if any of (a) (c) are not cured by Mortgagor within 30 (thirty) days of written notice from Mortgagee), then Mortgagee may do and pay for whatever is reasonable or appropriate to protect Mortgagee's interest in the Property and rights under this Mortgage, including protecting and /or assessing the value of the Property, and securing and /or repairing the Property. Mortgagee's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Mortgage; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this Mortgage, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Mortgagee may take action under this section, Mortgagee does not have to do so and is not under any duty or obligation to do so. It is agreed that Mortgagee incurs no liability for not taking any or all actions authorized under this section. Any amounts disbursed by Mortgagee under this section shall become additional debt of Mortgagor secured by this Mortgage. These amounts shall bear interest at the Secured Promissory Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Mortgagee to Mortgagor requesting payment. 8. Assignment of Miscellaneous Proceeds; Forfeiture. Any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 6) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and /or condition of the Property, hereinafter referred to as "Miscellaneous Proceeds are hereby assigned to and shall be paid to Mortgagee. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Mortgagee's security is not lessened. During such repair and restoration period, Mortgagee shall have the right to hold such Miscellaneous Proceeds until Mortgagee has had an opportunity to inspect such Property to ensure the work has been completed to Mortgagee's satisfaction, provided that such inspection shall be undertaken promptly. Mortgagee may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Wyoming law requires interest to be paid on such Miscellaneous Proceeds, Mortgagee shall not be required to pay Mortgagor any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Mortgagee's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with the excess, if any, paid to Mortgagor. Such MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 6 OF 15 Miscellaneous Proceeds shall be applied in the order provided for in Section 1. 0397 In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Mortgage, whether or not then due, with the excess, if any, paid to Mortgagor. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Mortgage immediately before the partial taking, destruction, or loss in value, unless Mortgagor and Mortgagee otherwise agree in writing, the sums secured by this Mortgage shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Mortgagor. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Mortgagor and Mortgagee otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Mortgage whether or not the sums are then due. If the Property is abandoned by Mortgagor, or if, after notice by Mortgagee to Mortgagor that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Mortgagor fails to respond to Mortgagee within thirty (30) days after the date the notice is given, Mortgagee is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Mortgage, whether or not then due. "Opposing Party" means the third party that owes Mortgagor Miscellaneous Proceeds or the party against whom Mortgagor has a right of action in regard to Miscellaneous Proceeds. Mortgagor shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Mortgagee's judgment, could result in forfeiture of the Property or other material impairment of Mortgagee's interest in the Property or rights under this Mortgage. Mortgagor can cure such a default and, if acceleration has occurred, reinstate as provided herein, by causing the action or proceeding to be dismissed with a ruling that, in Mortgagee's reasonable judgment, precludes forfeiture of the Property or other material impairment of Mortgagee's interest in the Property or rights under this Mortgage. The proceeds of any award or claim for damages that are attributable to the impairment of Mortgagee's interest in the Property are hereby assigned and shall be paid to Mortgagee. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 7 OF 15 shall be applied in the order provided for in Section 1. 0398 9. Default. If Mortgagor defaults in the payment of the indebtedness hereby secured, for a period of 30 (thirty) days after written notice, or if Mortgagor removes or attempts to remove any of said improvements contrary to the provisions of this Mortgage, or in case of breach of any covenant or agreement herein contained, the whole of the then indebtedness secured hereby, both principal and interest, together with all other sums payable pursuant to the provisions hereof, shall, at the option of Mortgagee, become immediately due and payable, anything herein or in said note to the contrary notwithstanding, and failure to exercise the same in a default shall not preclude such exercise in the event of any subsequent default. The written notice of default shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than thirty (30) days from the date the notice is given to Mortgagor, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage and sale of the Property. The notice shall further inform Mortgagor of the right to reinstate after acceleration and the right to bring a court action to assert the non existence of a default or any other defense of Mortgagor to acceleration and sale. If the default is not cured on or before the date specified in the notice, Mortgagee at its option may require immediate payment in full of all sums secured by this Mortgage without further demand and may invoke the power of sale and any other remedies at law or in equity permitted by Wyoming law. Mortgagor hereby grants Mortgagee the power to foreclose by advertisement and sale as provided by statute. Mortgagee shall be entitled to collect all reasonable expenses incurred in pursuing the remedies provided in this section, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Mortgagee invokes the power of sale, Mortgagee shall give notice of intent to foreclose to Mortgagor and to the person in possession of the Property, if different, in accordance with Wyoming law. Mortgagee shall give notice of the sale to Mortgagor in the manner provided herein. Mortgagee shall publish the notice of sale, and the Property shall be sold in the manner prescribed by Wyoming law. Mortgagee or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in accordance with Wyoming law. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity and may be exercised concurrently, independently or successively. The failure of Mortgagee to foreclose promptly upon a default shall not prejudice any right of said Mortgagee to foreclose thereafter during the continuance of such default or right to foreclose in case of further default or defaults. MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 8 OF 15 0399 10. Insufficiency of Foreclosure Proceeds. If the Property is sold under foreclosure and the proceeds are insufficient to pay the total indebtedness hereby secured, Mortgagor executing the Secured Promissory Note for which this Mortgage is security shall be personally bound to pay the unpaid balance, and Mortgagee shall be entitled to a deficiency judgment. 11. Assignment of Rents. If the right of foreclosure accrues as a result of any default hereunder, Mortgagee shall at once become entitled to exclusive possession, use and enjoyment of the Property, and to all rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, and such possession, rents, issues and profits shall be delivered immediately to Mortgagee on request. On refusal, Mortgagee may enforce the delivery of such possession, rents, issues and profits by any appropriate suit, action or proceeding. Mortgagee shall be entitled to a Receiver for said property and all rents, issues and profit thereof, after any such default, including the time covered by foreclosure proceedings and the period of redemption, and without regard to the solvency or insolvency of Mortgagor, or the then owner of the Property, and without regard to the value of the Property, or the sufficiency thereof to discharge the Mortgage debt and foreclosure costs, fees and expenses. Such Receiver may be appointed by any court of competent jurisdiction upon ex parte application, notice being hereby expressly waived, and the appointment of any such Receiver on any such application without notice is hereby consented to by Mortgagor. All rents, issues and profits, income and revenue of the Property shall be applied by such Receiver according to law and the orders and directions of the court. 12. Transfer of the Property or a Beneficial Interest in Mortgagor. As used in this section, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Mortgagor at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Mortgagor is not a natural person and a beneficial interest in Mortgagor is sold or transferred) without Mortgagee's prior written consent, Mortgagee may require immediate payment in full of all sums secured by this Mortgage. If Mortgagee exercises this option, Mortgagee shall give Mortgagor notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is given as provided herein within which Mortgagor must pay all sums secured by this Mortgage. If Mortgagor fails to pay these sums prior to the expiration of this period, Mortgagee may invoke any remedies permitted by this Mortgage without further notice or demand on Mortgagor. 13. Mortgagor's Right to Reinstate After Acceleration. If Mortgagor meets certain conditions, Mortgagor shall have the right to have enforcement of this Mortgage discontinued at any time prior to the earliest of: (a) five (5) days before sale of the Property pursuant to any MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS HI, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 9 OF 15 0400 power of sale contained in this Mortgage; (b) such other period as Wyoming law might specify for the termination of Mortgagor's right to reinstate; or (c) entry of a judgment enforcing this Mortgage. Those conditions are that Mortgagor: (a) pays Mortgagee all sums which then would be due under this Mortgage and the Secured Promissory Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all reasonable expenses incurred in enforcing this Mortgage, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Mortgagee's interest in the Property and rights under this Mortgage; and (d) takes such action as Mortgagee may reasonably require to assure that Mortgagee's interest in the Property and rights under this Mortgage, and Mortgagor's obligation to pay the sums secured by this Mortgage, shall continue unchanged. Mortgagee may require that Mortgagor pay such reinstatement sums and expenses in one or more of the following forms, as selected by Mortgagee: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) electronic funds transfer. Upon reinstatement by Mortgagor, this Mortgage and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 9. 14. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Secured Promissory Note or a partial interest in the Secured Promissory Note, together with this Mortgage, can be sold one or more times without prior notice to Mortgagor. A sale might result in a change in the person or entity that collects payments due under the Secured Promissory Note and this Mortgage and performs other obligations under the Secured Promissory Note, this Mortgage, and Wyoming law. If there is a change of the Mortgagee, Mortgagor will be given written notice of the change which will state the name and address of the new Mortgagee and the address to which payments should be made. Neither Mortgagor nor Mortgagee may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Mortgage or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Mortgage, until such Mortgagor or Mortgagee has notified the other party (with such notice given in compliance with the notice requirements provided herein) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. The notice of acceleration and opportunity to cure given to Mortgagor pursuant to Section 9 and the notice of acceleration given to Mortgagor pursuant to Section 13 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this section. 15. Hazardous Substances. As used in this section: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 10 OF 15 asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) `Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Mortgagor shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Mortgagor shall not do, nor allow anyone else to do, anything affecting the Property: (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences 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 residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Mortgagor shall promptly give Mortgagee written notice of: (a) 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 of which Mortgagor has actual knowledge; (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance; and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Mortgagor learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Mortgagor shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Mortgagee for an Environmental Cleanup. 16. Inspection. Mortgagee may make or cause to be made reasonable entries upon and inspections of the Property, provided that Mortgagee shall give Mortgagor notice prior to any such inspection specifying reasonable cause therefore related to Mortgagee's interest in the Property. 17. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part hereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Mortgagor. In the event of a partial taking of the Property, unless Mortgagor and Mortgagee otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportions of the proceeds as is equal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Mortgagor. If the Property is abandoned by Mortgagor, or if, after notice by Mortgagee to MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 11 OF 15 0401 Mortgagor that the condemner offers to make an award or settle a claim for damages, Mortgagor fails to respond to Mortgagee within 30 (thirty) days after the date such notice is mailed, Mortgagee is authorized to collect and apply the proceeds, at Mortgagee's option, either to restoration or repair of the Property or to reduce the sums secured by the Mortgage. Unless Mortgagee and Mortgagor otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to above or change the amount of such installments. 18. Statement. Mortgagee shall, within ten (10) days upon a request made in person, or within thirty (30) days upon request by mail, furnish a written and duly acknowledged statement of the amount due on this Mortgage and whether any offsets or defenses exist against the mortgage debt. 19. Notices. All notices given by Mortgagor or Mortgagee in connection with this Mortgage must be in writing. Any notice to Mortgagor in connection with this Mortgage shall be deemed to have been given to Mortgagor when mailed by first class mail or when actually delivered to Mortgagor's notice address if sent by other means. Notice to any one Mortgagor shall constitute notice to all Mortgagors. The notice address shall be the address set forth below unless Mortgagor has designated a substitute notice address by notice to Mortgagee. Mortgagor shall promptly notify Mortgagee of Mortgagor's change of address. If Mortgagee specifies a procedure for reporting Mortgagor's change of address, then Mortgagor shall only report a change of address through that specified procedure. There may be only one designated notice address under this Mortgage at any one time. Any notice to Mortgagee shall be given by delivering it or by mailing it by first class mail to Mortgagee's address stated herein unless Mortgagee has designated another address by notice to Mortgagor. Any notice in connection with this Mortgage shall not be deemed to have been given to Mortgagee until actually received by Mortgagee. If any notice required by this Mortgage is also required under Wyoming law, the Wyoming law requirement will satisfy the corresponding requirement under this Mortgage. Mortgagor' Notice Address: American Sportsman Realty Holdings, LLC 2500 East Kearney Springfield, Missouri 65898 Attention: Annette Moore with a copy to: Charles R. Greene Husch Blackwell, LLP 901 East St. Louis, Suite 1800 Springfield, Missouri 65806 MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 12 OF 15 0402 Mortgagee's Notice Address: Arturo H. Peralta -Ramos III, Trustee or his Successor in Trust 0403 20. Waivers. Mortgagor releases and waives all rights under and by virtue of the homestead exemption laws of Wyoming. 21. Mortgagor Not Released; Forbearance By Mortgagee Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Mortgagee to Mortgagor or any successor in interest of Mortgagor shall not operate to release the liability of Mortgagor or any successors in interest of Mortgagor. Mortgagee shall not be required to commence proceedings against any successor in interest of Mortgagor or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Mortgagor or any successors in interest of Mortgagor. Any forbearance by Mortgagee in exercising any right or remedy including, without limitation, Mortgagee's acceptance of payments from third persons, entities or successors in interest of Mortgagor or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 22. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Mortgagor covenants and agrees that Mortgagor's obligations and liability shall be joint and several. However, any Mortgagor who co -signs this Mortgage but does not execute the Secured Promissory Note (a "co- signer (a) is co- signing this Mortgage only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Mortgage; (b) is not personally obligated to pay the sums secured by this Mortgage; and (c) agrees that Mortgagee and any other Mortgagor can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Mortgage or the Note without the co- signer's consent. Subject to the provisions of Section 12, any successor in interest of Mortgagor who assumes Mortgagor's obligations under this Mortgage in writing, and is approved by Mortgagee, shall obtain all of Mortgagor's rights and benefits under this Mortgage. Mortgagor shall not be released from Mortgagor's obligations and liability under this Mortgage unless Mortgagee agrees to such release in writing. The covenants and agreements of this Mortgage shall bind and benefit the successors and assigns of Mortgagee. 23. Headings. The headings used in this Mortgage are for convenience only and are not to be used in its construction. 24. Binding Effect and Construction. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, devisees, legatees, executors, MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H. PERALTA -RAMOS III, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 13 OF 15 0404 administrators, successors and assigns of the parties hereto. Whenever used the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. The term "note" includes all notes herein described if more than one. The term "foreclosure" and "foreclose" as used herein shall include the right of foreclosure by any suit, action or proceeding at law of in equity, or by advertisement and sale of said premises, or in any other manner now or hereafter provided by Wyoming statutes, including the power to sell. 25. Release. The acceptance by Mortgagee of this Mortgage and the note or notes it secures, shall be an acceptance of the terms and conditions contained therein. Upon payment of all sums secured by this Mortgage, Mortgagee shall release this Mortgage without charge to Mortgagor. Mortgagor shall pay all costs of recordation, if any. 26 Incorporation of Secured Promissory Note. This Mortgage is made to secure a debt evidenced by a Secured Promissory Note signed concurrently herewith, and the terms of said Secured Promissory Note are hereby incorporated herein by reference as if stated herein in full. 27. Mortgagor's Copies. Mortgagor shall be given one copy of the Secured Promissory Note and one copy of this Mortgage. 28. Legal Description. Notwithstanding anything to the contrary contained herein, Mortgagee acknowledges and agrees that without being in default of any provision of this Mortgage, Mortgagor shall have the right to convey those certain portions of the Property legally described on Exhibits B and C attached hereto (the "Conveyances In exchange for the Conveyances, Mortgagor will be acquiring title to the property legally described on Exhibit D attached hereto (the "Acquired Property Upon the recording of the deeds of the Conveyances and of the Acquired Property, the legal description of the Acquired Property as set forth on Exhibit D attached hereto, shall become the legal description of the Property for the purposes of this Mortgage in substitution of the legal description of the Property being attached hereto as Exhibit A as of the date of this Mortgage. [Text Ends Signature Page Follows] MORTGAGE AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, ARTURO H, PERALTA -RAMOS 111, TRUSTEE OR HIS SUCCESSOR IN TRUST PAGE 14 OF 15 5 IN WITNESS WHEREOF, this instrument has been executed by the undersigned this day of September, 2013. STATE OF MISSOURI COUNTY OF GREENE My commission expires: ELLEN BROOKS Notary Public Notary Seal STATE OF MISSOURI Webster County My Commission Expires Dec. 18, 2015 Commission #11383858 SPH- 2101127 -1 ss. AMERICAN SPORTSMAN REALTY HOLDINGS, LLC By: On this olS day of September, 2013, before me personally appeared John L. Morris, to me personally known, who being duly sworn, did say that he is the Manager of American Sportsman Realty Holdings, LLC, a Delaware limited liability company, that said instrument was executed on behalf of said entity, and that said John L. Morris acknowledged said instrument to be the free act and deed of said entity. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Springfield, Missouri, the day and ar first above written. Notary Public L. Morris, Manager 1-/-0 0405 0406 sPH- 2130238 -2 EXHIBIT A Parcel 1: Lots 12, 13, 14, 15, 16, 17, and 18, West xhayne, a subdivision situated in the City ofTheyne, Lincoln County, Wyoming, according to the official plat thereof on file and of record in said county. Parcel II: Beginning on the West Right of Way U.S. 89 North Highway 16 feet West of the center Section 23, Township 34 North, Range 119 West, and running thence 3528 feet West across Salt River to existing fence corner point (e), thence Northerly along existing fence Iine c- d- e- f -g -h -i j- k- l- m -u -c -p to the centerline oldie East West County road and West bank Salt River, thence East 1396 feat along County. Road centerline point (5) thence South 7 °50' Bast, 112 feet to point (4), thence South 11°45 feet to point (3) thence North 87°30' East, 220 feet to point (2), thence South 946 feet to point (q), thence East 2033 feet more or less to point (r) on the West bank East Side Canal, thence Southerly along said West bank canal 363 feet to point (s), thence West 77 feet, thence South 2 °0' Bast, 196 feet, along West property line Dana Cold Storage Tract to point (7), thence South 0 0 0' East, 600 feet to pohnt (8), thence East 217 feet more or less to West Right of Way U. S. 89 Highway thence Southerly along said West Right of Way 195 feet more or less to point (a) the place of beginning. EXCEPTING THEREFROM all Lots situated in the West Thayne, a subdivision situated in the City ofTbayne, Lincoln County, Wyoming, according to the official plat thereof on file and of record in said County. Also Excepting therefrom any portion of the described lands lying within the West Ralf Northeast Quarter of Section 22, Township 34 North, Range 119 West of the 6th P.M., Lincoln County, Wyoming P,olesslnnat land SUW )O a PAUL N. SCHERBa Wyo. RefsOa.Odn No. I04 Utah Raglstuio, No. 1870 Idaho Ragishal'onNo. 3090 Nevada Re0*9a60% Na 6805 SCOTIA scAseEL Wp. R ogiseaUM Ns. 3009 Utah ReglstraIIdn No. 372111 Idaho Reg4Va}lon No. 0026 a1ARLOWEA. SCHEME Wyo. Roglslradon Ho, 6360 KARL F. S12IERSEL Wyo. NegIslraInn No. 11810 Idaho Re016Va8oa No. 13493 CFEDS No. 1223 suomydr S8Aethol, LTD. Alan, Wynm8o 0 J oy a Ho Wyot0 L Lava 1101 SON.. Idaho Abnlpe0dr, Idaho DESCRIPTION FOR JOHN W, CLARK, ET AL. CLARK TRACT To-wit That part of the NEI of Section 22, T34N RI 19W, Lincoln County, Wyoming, lying and being situate westerly of the thread of Salt River and westerly of the thread of the West Channel of Salt River, as depicted on the below referenced plat, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 23 of Deeds on page 213, Book 357 of Photostatic Records on page 508 and in Book 590 of Photostatic Records on page 468; it is understood that the property line is the actual thread of the Salt River and West Channel of the Salt River as it moves over time due to accretion or avulsion; EXCEPTING THEREFROM that tract of record in said. Office in Book 800 of Photostatic Records on page 765; ENCOMPASSING an area of 76.81 acres, more or less; the BASE BEARING for this survey is the east line of the NEVI of Section 22, T34N RI 19W, being NO0 32'- 14"E; SUBJECT to a right -of -way easement for Thayne= Freedoin.. County Road No, 12 -125; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 1181.0 with appropriate details; each "spike" marked by a 3/8" x 12" steel spike [referenced by a 5/8" x 24" steel reinforcing rod With 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; all in aecordanoe with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR ARTURO H, PERALTA- RAMOS III FAMILY TRUST, DATED 7 MAY 1999 AND JOHN W. CLARK ET AL. AND DARWIN JEFFREY HEAP, ET AL, PARTLY WITHIN THE INCORPORATED LIMITS OF THE TOWN OF THAYNE AND WITHIN THE NEVI SECTION 22 W'hNW' SECTION 23 T34N Ri 19W LINCOLN COUNTY, WYOMING dated 3 September 2013, as revised. 18 September 2013. "Modification in any way of the foregoing description terminates liability of the surveyor" 0407 6 f f 5 1 Putassional Land Suvayots PAUL N. 5CNER861. NA- Regis*agnn No. 184 UOh KKghheson No. 5670 Id815, Ro6555talion No. 3990 Nevada Raphaltbn No. 6805 SCOTIA 0CHERLIEl. Wyo. Rie9W allon No. 3860 Utah Reataha8on No.972111 Idaho Rogiahatioo No. 8026 LMARLOWEA SCNERBEL Wy6. Re011Valbn No. 5388 KARL F. SCNERBEL Wyo. Rapist/Moo No. 11010 Idaho RegWrahonNo. 63403 CFEDS No. 1223 Surveyor etbe1.LTD: Mory Wyomh9 %Pima. WyoadM Jodi*. W50 Ida Not Sp 01ON. 10800 Alootpoder. Idaho DESCRIPTION FOR DON AULLMAN FAMILY TRUST, DATED 1 JANUARY 2007 FROM ARTURO H. PERALTA -RAMOS III FAMILY TRUST, DATED 7 MAY 1999 To -wit: 0408 That part of the S %:NW'/, or Section 23, T34N RI 19W, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 23 of Deeds on page 213- and in Book 590 of Photostatic Records on page 468 lying and being situate northerly of the north lino of West Thayne Subdivision, of record in said Office with Accession No. 501343; AND That part of said tracts lying' and being situate northerly of the following described line; BEGINNING at the northwest point of Lot 15 of said West Thayne Subdivision; thence N88 57-15 "W, 566.07 feet, along an existing fence line, to a point at a fence corner; EXCEPTING THEREFROM all of the American Sportsman Tract as described on the attached Exhibit A; 18 September 2013 "Modification in any way of the foregoing description terminates liability of the surveyor" i Prot,,, onpl Land Sumps PAUL N. SCNERBEL W,O. RegNOapon No. 104 UtahNeghoedon No. 100 Idaho Roghuel on No. 3966 !Audi RgpstraIon No. 6605 $OOTTA.SCHER6EL W,O. Regls4a0on No.3609 104hRe945 No. 1T lI Who aegisla ion No. 6026 MARLOWEA.sCNERREI Wyo. Re¢t9a0on No.5366 KARL F,SCNERBEL Wyo. Re01sualloo No. 11610 M oho Ropistradon No. 13493 0E09146, 1223 SUMP Sd'o.hsl, LTD. Mon, IWN00 6(g Piney, W polI g Jackson, *map lava Hot WOO, Idaho MoMpeIei,, Idaho DESCRIPTION FOR EXHIB ARTURO H. PERALTA -RAMOS III FAMILY TRUST, DATED 7 MAY 1999 AMERICAN SPORTSMAN TRACT To-wit:. 0409 That part of the NE1 /4 of Section 22 and that part of the W 1/2NW 1/4 of Seetion 23, T34N RI 19W, Lincoln County; Wyoming; being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 23 of Deeds on page 213, Book 357 of Photostatic Records on page 508, Book 393 of Photostatic Records on page 495, Book 590 of Photostatic Records on page 468 and Book 647 of Photostatic Records on page 353, partly within the Incorporated Limits of the Town of Thayne, more particularly described as follows: BEGINNING at the southeast corner of said NE' thence N89 19' -41 "W, 1020.38 feet, along the south line of said NE %a, to the thread of the West Channel of Salt River; thence northerly, 932 feet, more or less, along said thread, to the thread of Sa1t.River; thence northerly, 2,609 feet, more or less, along said thread, to the centerline of Thayne- Freedom County Road No, 12 -125; thence S89 11' -07 "E, [295.87 feet, along said centerline, to the east line of said WA; thence S89°-10'-51"8, 35.54 feet, along the centerline of Roberts Street, to a spike; thence S12 33' -45 "E, 402.20 feet, along an existing fence line, in part, to a point at a fence corner; thence N84 58' -55 "E, 224.33 feet, along an existing fence line, to a point at a fence comer; thence S00 00' -24 "W, 925.95 feet, along an existing fence line, to a point at a fence corner; thence S88 57' -I5 "E 566.07 feet, along an existing fence line, to the northwest point of Lot 15 of West Thayne Subdivision, of record in said Office with Accession No. 501343; thence S49 I0' -08 "E, 502.31 feet, along the southwest line of said Lot 15, to a point on the westerly right -of -way line of Heap Drive, the beginning of a non tangent circular curve to the left, whose radius bears S49 10' -08 "E; thence southwesterly, 394.20 feet, .along the are of said curve, through a central angle of 39 16' -47 with a radius of 575.00 feet, and a chord bearing S21 °•11 -29 "W, 386.52 feet, to a point; thence S01 33' -Q5 "W, 52.00 feet, to a point at the beginning of a circular curve to the left; thence southeasterly, 229.80 feet, along the arc of said curve,, through a central angle of 52 40' -00 with a radius of 250.00 feet, and a chord bearing S24 46' -55 "E, 22.1.80 feet, to the northwest point of Lot 18 of said West Thayne Subdivision; thence S38 53' -05 "W, 443.25 feet, along the northwest line of said Lot 18, to a point on the south line of said W %2NW'/; "Modification in any way of the foregoing description terminates liability of the surveyor" TA P,o essional land 50"vayo PAUL N. SCI$ER8E1. Wyo. RegisbaTon N0. 164 Ulan Redsestion 0. 1670 Idaho RegisUd0OA N0.3980 Nevada Regisba0on N0.6805 SCOTTASCNERBEL Wjn R,gistrabon No. Men Ulan Registration No. 372111 Naha Reglatra8on No. 6078 MARLCYIE A SCHERBEL Wyo. Regia0allon No. PM KARL F. $CHENSEL Wyo. Registration No. 11810 Idaho Reg"s1a60n No 13492 CFEDS No. 1223 Sune)'of Slhedul, LTO. Mon, Wyoadng Sig Pney, Wyam"g Jethro. Wyoming lava lki Spins. Idaho Nogalebldah0 0410 DESCRIPTION FOR ARTURO' It PERALTA- RAMOS.III FAMILY TRIIST, DATED 7 MAY 1999 AMERICAN SPORTSMAN TRACT PAGE TWO. thence N88 24' -43 "W, 990.47 feet, along said south line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 119.45 acres, more or less; the BASE BEARING for this survey is the east line of the NE' /4 of Section 22, T34N RI I 9W, being N00 32' -14 "E; it is the intent of this description that the called -for monuments, and not. the existing fence lines, control the location of the property lines; it is understood that for that portion of the above described AMERICAN SPORTSMAN TRACT along the thread of the West Channel of Salt River and thread of Salt River that the property line is the actual thread of said West Channel and said Salt River as it moves over time due to accretion or avulsion; SUBJECT to easements for Thayne- Freedom County Road No. 12-125 and Roberts Street; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "spike" marked by a 3/8" x 12" steel spike, referenced by a. 5/8 x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; each "point" marked by a 5 /8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; all in accordance With the plat prepared to be filed in the Office of the Clerk of Lincoln County titled,. "PLAT OF BOUNDARY ADJUSTMENT FOR ARTURO H. PERALTA- RAMOS III. FAMILY TRUST, DATED 7 MAY 1999 AND JOHN W. CLARK ET AL. AND DARWIN JEFFREY HEAP ET AL. PARTLY WITHIN THE INCORPORATED LIMITS OF THE TOWN OF THAYNE AND WITHIN THE NE' /4 SECTION 22 W'y2NW` /4 SECTION 23 T34N R119W LINCOLN COUNTY, WYOMING dated 3 September 2013, as revised. 25 September 2013- revised 18 September 2013 "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Lad Surveyors PAIL N. SCHERSEL Wyo, Re91stra9,n No. 164 Ulah Ro0:s9a0oo No. 1670 Idaho Reo0kagon No.3990 Honda Ra0'seoden No.0005 SCOTTS. SCHERSEL Wyo. ReOLsUa0on No. 3069 Utah Soolsuadon No. s72111 tdah0.Re9614lUOn No. 9026 IWit°WEA SCHERSEL Wy Reglslradoh No.5368 6010. F. SCHERSEL Wyo. Rti91she9on No: 11010 IdahoROgislla0ott No.13493 CFE°S No. 122S Suyveyo Sdwtbel, Litt Alien, Wyoming. Piny. *wing Jodnon, 0&800109 lava Hot 50898. Idaho ebnlys8a, Idaho 0411 DESCRIPTION TOR ARTURO H. PERALTA -BAMOS III FAMILY TRUST, DATED 7 MAY 1999 AMERICAN SPORTSMAN TRACT To-wit: That part of the NE1 /4 of Section 22 and that part of the W1 /2NW I/4 of Section 23, T34N RI 19W, Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 23 of Deeds on page 213, Book 357 of Photostatic Records on .page 508, Book 393 of Photostatic Records on page 495, Book 590 of Photostatic Records on page 468 and Book 647 of Photostatic Records on page 353, partly within the Incorporated Limits of the Town of Thayne, more particularly described as fol lows: BEGINNING at the southeast corner of said NBA; thence N89 19' -41 "W, 1020.38 feet, along the south line of said NE%a, to the thread of the West Channel of Salt River; thence northerly, 932 feet, more or less, along said thread, to the thread of Salt River; thence northerly, 2,609 feet, more or less, along said thread, to the centerline of Thayne- Freedom County Road No. 12 -125; thence S89 11' -07 "E, 1295.87 feet, along said centerline, to the east line of said NEVI; thence S$9 35.54 feet, along the centerline of Roberts Street, to a spike; thence S12 33' -45 "E, 402.20 feet, along an existing fence line, in part, to a point at a fence corner; thence N84 58' -55 "E, 224.33 feet, along an existing fence line, to a point at a fence corner; thence S00 00 -24 "W, 925.95 feet, along an existing fence line, to a point at a fence corner; thence S88 57' -15 "E, 566.07 feet, along an existing fence line, to the northwest point of Lot 15 of West Thayne. Subdivision, of record in said Office with Accession No. 501343; thence S49 10' -08 "E, 502.31 feet, along the southwest fine of said Lot 15, to a point on the westerly right -of -way line of Heap Drive, the beginning of a non tangent circular curve to the left, whose radius bears S49 10' -08 "E; thence southwesterly, 394.20 feet, along the aro of said curve, through a central angle of 39 16' -47 with a radius of 575.00 feet, and a chord bearing S21 -I 1' -29 "W, 386.52 feet, to a point; thence 801°-33'-05"W, 52.00 feet, to a point at the beginning of a circular curve to the left; thence southeasterly, 229.80 feet, along the arc of Said curve, through a central angle of 52 40' =00 with a radius of 250.00 feet, and a chord bearing S24 46' -55 "E, 221.80 feet, to the northwest point of Lot 18 of said West Thaync Subdivision; thence S38 53' -05 "W, 443.25 feet, along the northwest line of said Lot 18, to a point on the south line of said W %2NW "Modification In any way of the foregoing description terminates liability of the surveyor" I D Professional Lard &omegas PAUL N. SCHERBEL Wyo. Regim92oa Ho. 161 Utah RaghoaBOn No. 1070 Idaho Reghhagon No. 190 Nevada Reghhiden No.6805 SCOTTA.SCHERBEL Wya Regsingon No. 1689 UtahReg36aaan Ho.372111 Idaho ReghlmOoa No. 2026 MARLOWEi. SCHERBEL Wyo. Reghtrdlon Ho. 2388 KARL F. SCHERBEL Wyo. ReplsIiaOooNo. 11810 idahORegILUiOon Na 13483 CFEOS No. 1223 Sowya 5Ga1,heL L1O. Allan. *Wing Big Piney. Wyomup Jackson. Wyoming Levi Hot %Flags. Idaho Mogid.14atio 0412 DESCRIPTION FOR ARTURO li1!, PERALTA -1 AMOS III FAMILY TRUST, DATED 7 MAY 1999 AMERICAN SPORTSMAN TRACT PAGE TWO thence N88 24' 43 "W, 990.47 .feet, along said south litre, to the CORNER OF BEGINNING; ENCOMPASSING an area of 119.45 acres, more or less; the BASE BEARING for this survey is the east line of the NEVI of Section 22, T34N RI19W, being N00 32' -14 "E; it is the intent of this description that the called -for monuments, and not the existing fence lines, control the location of the property lints; it is understood that for that portion of the above described AMERICAN SPORTSMAN TRACT along the thread of the West Channel of Salt River and thread of Salt River that the property line is the actual thread of said West Channel and said Salt River as it moves over time due to accretion or avulsion; SUBJECT to easements for Thayne- Freedom County Road No. 12 -125 and Roberts Street; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "spike" marked by a 3/8" x 12 steel spike, referenced by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR ARTURO H. PERALTA- RAMOS III FAMILY TRUST, DATED 7 MAY 1999 AND JOHN W. CLARK ET AL AND DARWIN JEFFREY HEAP ET AL. PARTLY WITHIN THE INCORPORATED LIMITS OF THE TOWN OF THAYNE AND WITHIN THE NEt4 SECTION 22 W%2NW' SECTION 23 T34N RI19W LINCOLN COUNTY, WYOMING dated 3 September 2013, as revised. 25 September 2013 revised 18 September 2013 "Modification in any way of the foregoing description terminates liability of the surveyor"