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HomeMy WebLinkAbout975261DATE AND PARTIES The date of This Mortgage (Security Instrumeflt) is February 11, 2014. The .parties and their addresses are: MORTGAGOR: ARON RAY KENDALL Spouse:of Heidi Kendall PO Box 3692 Alpine, WY 83128 HEIDI KENDALL Spouse of Aron Ray Kendall 'PO Box 3692 Alpine, WY• 83128 joint tenants with full rights of survivorship See Exhibit. A attached hereto and made a part hereof 975261 2/14/2014 8:34 AM PAGE LINCOLN COUNTY FEES: $33.00 BOOK: 828 PAGE: 124 MORTGAGE JEANNE WAGNER, LINCOLN IIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII 11111III�U1l1\1111111111 �1151ii�l111 Space Above This Line'For Recording Data MORTGAGE 1OF 8 Husband and Wife, as LENDER: THE BANK OF STAR VALLEY Organized and existing under the laws of. Wyoming 384 Washington P.O. Box 8007 Afton,.WY: 83110 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor does hereby, grant, bargain, convey, mortgage and warrant to Lender, with the of sale, the, following described property. io ETNA- The property is located in Lincoln. County at County Road-1-60TAIPinerkaiVorailok Aron Ray Kendall Wyoming Mortgage WY/ 4XP Wolters Kluwer Financial Services 0 1996, 2014 Bankers Systems*". TOLMANbtl0000000006743 II[<I aIIIIIB( 111111111111111111911111111111 IIIIIIIII�Il�1l1IIIQIIIII�llalllll�, Z,��ez,., 20 Page 1 Together with all rights; easements, appurtenances, royalties, mineral rights, oil and gas 'rights, all water and riparian rights, wells, ditches and "water. stock and all. existing and future :improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the reel estate described (all referred to as Property) This Security Instrument; will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing Lender. 2. SECURED DEBTS The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following` debts and all extensions, renewals,: refinancings,, modifications and replacements. A promissory note or other agreement, No. 01704323, 'dated February .11, '2014, from Aron Ray 1 (Borrower) to Lender, with a loan amount of $76,023;00 B. Sums Advanced. All sums advanced and expenses incurred•by Lender under the terms of this Security 3. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paidvvhen' due and in accordance` with the:terms of, the Secured Debts and this Security Instrument: 4. NON OBLIGATED MORTGAGOR: Any ;Mortgagor, who is not also identified as a Borrower in the. Secured Debts section of this Security Instrument and who signs this Security Instrument is defined as a cosigner for purposes Credit. Protection Act and the Consumer Financial Protection Bureau's Regulation B, -12 C.F.R. 1002.7(d)(4), and is referred' to' herein' as a; Non Obligated Mortgagor..' By signing this Security Instrument,. the Non-Obligated Mortgagor does mortgage and :assign their rights and interests in the Property to secure payment of the Secured Debts, to create a valid .lien, to pass clear title, to waive inchoate rights and to assign earnings or rights to payment under any lease or rent of the Property, However, the Non-Obligated Mortgagor is not personally liable for the Secured Debts by virtue of signing this Security instrument. Nothing in this section shall be construed to modify or otherwise affect the Non-Obligated Mortgagor's obligations, if any, that were separately: made with Lender in a separate, agreement and duly signed by the Non Obligated Mortgagor context of that separate agreement. 5. PRIOR SECURITY INTERESTS. With regard to any other Mortgage,• deed of trust, security agreement or other the Property, Mortgagor agrees.. lien To make all that t payments prior ity. ments when clue and to perfor r m or omencumbrance l nwith a p y p y all covenants. promptly y Mortgagor receives from the holder. B. To deliver Lender any notices M C Not to allow any. modification or extension' of, nor to request any future .advances ;under any note Or agreement secured by the lien document without Lender's prior written consent.. 6. CLAIMS AGAINST TITLE. Mortgagor will 'pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, Utilities, 'and other charges relating to the Property when due::. Lender may require. Mortgagor to provide to Lender copies. of all ,notices .,that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument:.' Mortgagor. agrees to assign to Lender, as requested by Lender, any rights, claims or, defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property 7. ENCUMBRANCE: Lender may,:at_ its option, declare the entire balanceofthe Secured Debt to be immediately due _and payable upon:the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed` by federal law, as applicable 8. WARRANTIES AND REPRESENTATIONS Mortgagor has the right and authority to enter into this. Security The execution and delivery'. of this Security Instrument will not violate any agreement governing Mortgagor or to which Mortgagor is' a party. 9: PROPERTY CONDITION, ALTERATIONS, :INSPECTION, VALUATION AND APPRAISAL. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary.' Mortgagor will not commit Or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property,free of noxious weeds and grasses. `Mortgagor agrees that the nature of the occupancy and use will not substantially change,: without Lender's prior written consent Mortgagor. will not permit any change in any license, restrictive covenant. or Aron Ray Kendall Wyoming Mortgage WY/ 4XPT0LMAN00000000000674039021114N Wolters Kluwer Financial Services 0 1996, 2014 Bankers Systri�TM 1111111111191�1 [IIIII IIIIIIIHIIl 0. easement without• Lender's prior, written, cons ent. Mortgagor 'will. notify. Lender of.. all .demands, proceedings, claims, and actions egainst and of any loss or. damage; to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time and: frequency. for the purpose of inspecting, valuating, or appraising, the Property. Lender wilt give' Mortgagor notice at the time of or before an .on -site inspection, .valuation, or; appraisal for 'on -going due diligence, or otherwise specifying a reasonable purpose., Any' inspection, valuation or appraisal of the Property willbe entirely. for Lender's benefit and Mortgagor;•will in no way i rely, on Lender's• ;inspection, valuation or appraisal for its own' 'purpose except as otherwise provided by law: 10. AUTHORITY TO; PERFORM.-If;_Mortgagor fails,to perform any duty or any of the covenahts,.Contained in this Security Instrument; ;Lender,m ;ay,..,without- notice, perform ..or cause them,.to be `performed. Mortgagor.: appoints" Lender as attorney. in fact:to'sign Mortgagor's, name or pay any' amount. necessary' for. performance Lender's right to Perform for,Mortgagor will :not create, an. obligation to perform, and Lender's failure to:perform; will not•preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument.' If any' construction on the. Property is discontinued, or not carried.on in a reasonable manner, Lender may take alt steps necessary to protect Lender's security interest in the Property;' including of the 11. ASSIGNMENT OF LEASES; AND RENTS ..Mortgagor assigns grants,.: bargains, conveys, m .ortgages and warrantS to Lender as 'additional 'security all the right, title and interest in the ;following (Property) existing or future leasesi.:subleases, licenses, guaranties arid any other fwritten or verbal agreements ,for the use .and' occupancy. of the Property, including any extensions, renewals, ;modifications or replacements (Leases);•and rents; issues and profits' (Rents) In the event any item listed as Leases or Rents is determined to be personal. property, this, Assignment will also' b e:. regarded as a security: agreement. Mortgagor will promptly provide Lender with copies id on of the' e on'ofthe Assignment, and all future'Leases and any Correct.. ther information w th s ect to these P provided ex c 9 Leases will, be provided immediately: afterthey: are executed.• Mortgagor may collect, receive enjoy and' use the Rents so Jong'. as Mortgagor; is not in" default Upon default,'. Mortgagor will receive any Rents intrust for Lender and Mortgagor will not commingle •the :Rents' with any ether funds. Mortgagor agrees .that this Security '.Instrumentis'immediately effective between Mortgagor: and Lender. Security Instrument will remain effective` during any: statutory ,redemption period until the Secured Debts are satisfied. As longi as this; Assignment Liejin 'effect, Mortgagor. warrants and represents that'no'. default exists under the Leases, and the parties subject to the Leases have not violated enyapplicable law on leases, licenses and landlords and tenants. 12.'DEFAULT. ;Mortgegor.will be in default if any of the following events (known separately and collectively as an Event of Default) occur A. Payments Mortgagor,or Borrower fail to Make a; payment in full when due B. .Insolvency or Bankruptcy The death, dissolution or insolvency, of, appointment of a receiver by or on behalf of, application.: of :any,. debtor relief law, the assignment for the benefit of creditors. by •or on behalf of, the voluntary =or: involuntary termination ;of existence.., by, or.. the` commencement of any:. proceeding under any present or future federal*or state insolvency,; bankruptcy, reorganization, composition or debtor:relief law by or against Mortgagor,. Borrower, or any co signer, endorser,. surety; orguarantor of .this Security' Instrument or:any other obligations Borrower has;with Lender C. Death or y• lncompetene Mortgagor`dies or: is declared legally incompetent. D. Failure. to .Perform. Mortgagor, fails .to„ perform any condition•; or to :keep any, p romise or covenant of this Securit E:' Other'Dom r: t. cuents..A' default occurs' under the terms of any othe documen relati to the Secured Debts:'. F' Other Agreements Mortgagor Is'indefault on any other debt agreement Mortgagor has with Lender G.. Misrepresentation Mortgagor makes any verbal or written statement; Or .provides any financial information that is untrue, inaccurate, or conceals a•materialfactat the time it is made orprovided. H. Judgment Mortgagor. to satisfy or appeal any judgment .against•Mortgagor. I. Forfeiture. The Property is used in 'a or for a purpose that threatens confiscation by legal •autFiority. J. Name'Change. Mortgagor changes Mortgagor's name;,or assumes. an: additional name without notifying Lender before making; such 'a change.. Aron Ray Kendall Wyoming Mortgage WY/ 4XPTOLMAN000000000008740390211 .14N i, Wolters Kluwer Flnancial °.1998 2014 Bankers Systeme' IIIL pplopiolgui I II il[ IIIIIII9 [LlnlllnlllQlllllll�lllll iso ,,Page 3 K Property? Transfer Mortgagor transfers all or a substantial 'part of Mortgagor's money 'or'property. This condition of defatjlt,'asit relates 't� .the transfer:ofahe Property, is subject to the'rest'rictionecontained in the DUE:ON`•SALE'section. L 'Property Value.: Lender determines in good faith that the value of the Property has declined or is impaired.'!;`' M .Insecurity Lender determines in :good ,faith a materia! adverse change has occurred', in Borrower's financial condition from the conditions °set forth. in Borrower's most recent financial statement before the date of this Security Instrument or that the ros ect for payment y p pe p y nt or performance of .the Secured Debts is impaired for any: reason: .13 REMEDIES: On or after :the occurrence' of an Event: of Default, Lender 'may use any and all. remedies Lender has under state or federal law or inrany doCurnenf relating to the Secured Debts, including, without limitation, the power.•to sell, the•.Property ;Any amounts- `advanced on Mortgagor's behalf will be immediately due and, may be .added to the balance owing. under the, Secured Debts Lender may make a claim for any and all insurance benefits or refundsthat may be. available on Mortgagor's default Subject: to any right to cure, required time or -any. other notice rights Mortgagor may have under federal and state law; Lender may make' all or any part„of the',:amount owing 'by the terms of the Secured Debts immediately due and foreclose this; Security lnstrumentin a manner provided by law: upon the occurrence of an'` Event`of Default or anytime thereafter Upon any sale of the Property, Lender will make and deliver a' special or limited warranty.deed that conveys =the property sold to the purchaser or purchasers: Under this special or limited' warranty deed, Lender will covenant that. Lender. has not °caused or:allowed a lien' or an encumbrance to{' burden the Property and that Lender' wilt- specially' warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims and demand of ali persons claiming by, through or under Lender The` recitals in any deedof'conveyance Will prima facie evidence of the facts set forth therein: All remedies are ,distinct, cumulative and not. exclusive,; and Lender is entitled to all'remedies ,provided at law; or equity, whether or not expressly forth..The acceptance" by Lender of any sum in payment or partial payment on.the 'Secured Debts after the :balance is due or, is accelerated, or after. foreclosure proceedings, are fiied: not constitute ,a: waiver `of; Lender's•;right.to require full and complete cure` of any existing default:: ;By not,. exercising any: remedy,'. Lender.•doesznot waive: Lender's: right to later consider. the event :a'.default If it continues; or, happens again. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after :the occurrence of an. Event of Default, to the extent•permitted.by Iaw,'Mortgagor. agrees to.pay all expenses of,collection,:enforcement, valuation, appraisal or protection of Lender's rights and remedies; under: this Security, Instrument;. or. any other document relating: to the Secured Debts. Mortgagor. agrees to pay expenses -.for Lender to inspect,': valuate, appraise `and' preserve the Property and for any; recordation costs Of releasing the Property: from this Security Instrument. :Expenses include, •but are not limited to; reasonable: attorneys' fees" after default and referral, to an attorneynot salaried` employee of Lender These' expenses are due-and payable= immediately.'.,If not paid.••immediately, these expenses will bear interestfromthe date of. payment until paid'in full•at the highest; interest rate in effect as provided for in the terms of the Secured Debts: In ;addition, to the extent'permitted.by the. United •,States'',Bankruptcy Code, Mortgagor connection withtan reasonable proceedings initiated b ora against Mortgagor.,-.)ghts and interests in g pay fees incurred by Lender.•to protect Lenders r Y bankruptcy Proceedin Y 9� Aron Ray Kendall Wyoming Mortgage WY/ 4XPTOLMAN00000000000674039021114N Wolters Kluwer Financial IIIIIIIIIIu�1��IIIIIIIII�IIIIl�I 2II3�� IIInIII III VIIIIIIII�lIIIIIII� III;III;IIII�I�VIII1tol Services ©1996,'20141Bankers Systemsu 15. ENVIRONMENTAL LAWS HAZARDOUS SUBSTANCES. As used in'this':section (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), ;all: other federal,- state and .local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) ;Hazardous Substance; means any toxic, radioactive or hazardous material, waste, pollutant -or;: contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public;, health,' safety;: welfare or environment. The term includes, without limitation, any substances defined as "hazardous material, "toxic substance "hazardous'. waste," "hazardous substance," or "regulated substance" under any Environmental Law. Mortgagor represents, warrants and: agrees` that: A. Except as previously, disclosed and acknowledged in writing to Lender, no Hazardous. Substance is or will be located, ;stored or -releasedon or in the Property.. This,, restriction does not apply ,to small; quantities :,Of Hazardous Substances; that are. generally, recognized to be. appropriate for.: the; normal. use andimatntenance of the Property B. Except as previously disclosed and acknowledged in writing to. Lender,. Mortgagor. and every•tenant have been, are, and will remain in full compliance with any: applicable Environmental Law. C. r:will'immediat i ely notifyLender -if a� release or threatened release of a Hazardous Substance occurs, on, under or about the Property or.there is a violation of any Environmental Law concerntng`;the Property. In such an event, Mortgagor will take,all necessary remedial action in accordance: with any Environmental Law. D. Mortgagor will notify Lender inwriting•as. soon as Mortgagor has reason, to believe there is any pending or threatened investigation, claim,. or :proceeding= relating. to. the release or threatened, release of any Hazardous Substance or the violation of any Environmental Law.. 16. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain,. or any other,: means. Mortgagor authorizes Lender.to' intervene in Mortgagor's name. in any of the •above:described. actions •er claims.. Mortgagor assigns -to- Lender the proceeds of any 'award or :claim •for. damages ..connected With a condemnation. or other taking of all or any part of thaProperty:uch proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust,: security agreement or other lien document.* 17. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the Property: Mortgagor will maintain this insurance in the amounts Lender requires.: This insurancawill last.until the is released from this Security What Lender requires pursuant.to the-preceding two •sentences can change:, during the term of the Secured' Debts... Mortgagor may choose the insurance company; subject to Lender's approval, which will not unreasonably withheld.:: All insurance policies; and renewals shall include' a standard "mortgage clause" (or. "lender loss payable, clause") endorsement that names Lender as "mortgagee" and "loss payee If required by! Lender,' all insurance policies and renewals will also include an "additional insured" endorsement that names Lender as an "additional insured ,If required' by Lender, Mortgagor. agrees to maintaul comprehensive general liability insurance and rental loss or business interruption. insurance. In amounts and under policies acceptable to Lender. The comprehensive general liability insurance. must" name •Lende•;as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least' coverage of. one year's debt service, and required escrow account 'deposits (if agreed to separately in writing). Mortgagor will give Lender and the insurance company immediate notice of any. loss. All Insurance. proceeds will be applied to restoration or. repair of the Property or to the Secured Debts, at Lender's option.'` If Lender. acquires' the Property In damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass to Lender 'to the extent of ,the Secured Debts. Mortgagor will immediately :notify Lender;,of- cancellation or termination of. insurance: If Mortgagor fails to keep the Property insured, Lender may obtain insurance to protect`Lender's interest in the Property and Mortgagor will pay for the insurance on Lender's demand. Lender may demand that Mortgagor pay for the insurance. all *at once,,, or Lender, may add the, insurance premiums to the balance of :the Secured Debts and''charge interest on it at the may t originally required of Mortgagor, rate that applies to,the Secured Debts. This insurance ma include coverages no may be written_ by, a company'.other than one`Mortgagor would .choose, and may written at a" higher rate than Mortgagor could obtain if. Mortgagor, purchased the insurance,' Mortgagor acknowledges' and agrees that Lender or one of Lender's affiliates may receive commissions:on the purchase of this insurance. 18. ESCROW. FOR TAXES AND INSURANCE. Mortgagor Will not be required to pay to Lender funds for taxes and insurance in escrow. 19. WAIVERS'. Except to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating to the Property. 20. APPLICABLE LAW. This Security ,Instrument is governed by the laws of Wyoming, the. United States of America,-: and to the extent required, by the laws s of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. Aron Ray Kendall Wyoming Mortgage WY/ 4XPTOLMAN00000000000874039021114N `Wolters Kluwer Financial Services 0 1996, 2014 Bankers Systems": 11111�1�11��111111111�11111�11�1111111�III�III�II�IIDIIII� llglnlllnlll�l��lllllll�llllllllll Page 5 21 JOINT AND INDIVIDUAL' LIABILITY. AND SUCCESSORS. Each` Mortgagor's obligations under this Security Instrument 'of the:'obligations of any other Mortgagor Lender may sue each Mortgagor individually or together with'any, other Mortgagor9' may release any part of. the Property "and Mortgagor will still be :obligated under this,Security instrument for the'remaining Property Mortgagor agrees that Lender and` any, party :to this Security Instrument may. extend, modify or Make change.in the terms of .this Security,Instrument or any evidence of debt without, Mortgagor's consent ;'Such• a' change .will release Mortgagor from the'.terms of ;this Security 'Instrument The'duties.''and benefits of :this Security Instrument will bind and benefit the successors and assigns of Lender 'and Mortgagor... 22 AMENDMENT, INTEGRATION =AND SEVERABILITY This; Security "instrument, may not be amended or modified by oral 'agreement :':No amendment or modification of :this Security Instrument is effective unless made in writing'and executed by Mortgagor and,Lender :This'Security Instrument and any other documents relating to the Secured Debts are the complete. and final expression` of the:agreement:r,Ifany`, provision, of. this Security Instrument is unenforceable, then the,': unenforceable provision will be severed' and the remaining ;.provisions will still; be' 23. 'INTERPRETATION. Whenever used, the singular includes' the plural and the Plural includes the singular The section .headings :for :convenience only and are not to be'usedkto; interpret ',or:: define the terms of. this Security 1, 24.. NOTICE,' ADDITIONAL DOCUMENTS .AND RECORDING FEES Unless otherwise required by law, any notice will•be given nbydelivering. it,or mailing it by :first class mail to the appropriate .party's address listed in the DATE AND'PARTIES'section, or to any other address designated in: writing. Notice to one Mortgagor will be deemed to be notice to all Mortgagors.'; Mortgagor. will Inform Lender in writing of any change; in.Mortgagor.'s: name, address or' other': application. information. Mortgagor ',Will .provide. Lender any. other,:: correct and, cornpiete information Lender; requestsito,effectivety: mortgage or:.convey :the Property. Mortgagor agrees to'pay all expenses,. charges and:taxesi connection with the preparation and' recording. of this Security;lnstru n ment,• Mortgagor agrees :to sign; 'deliver,: arid ;file aMoti n adocuments or= certifications that Lender may consider "necessary to perfect, de .p ese g g ors getions under this •Securitylnstrument; and to confirm:. Lender's; lien status on any' Property;: and Mortgagor agrees: to: pay all expenses, charges; and taxes in connection with. the preparation and recording. thereof: ,Time is` of the essence, SIGNATURES:-,, By signing, Mortgagor agrees to the terms and: covenants contained in this Security :Instrument: Mortgagor also acknowledges receipt of a copy of this Security Instrument.. MORTGAGOR: Aron Ray Kendall Wyoming Mortgage' WY/ 4XPT0LMAN00000000000674039021114Nt Wolters Kluwer Financial Services °1996, 2014 Bankers SystemsTM IIIIIIIIIIIIIII 1�III11111111��111�111111111 !llllll�lllglllllllllllllllill LENDER:; The Bank Of Star alley By Mar us W e ber, Vice res dent ACKNOWLEDGMENT. This instrument was acknowledged before me this Aron Ray Kendall spouse Heidi Kendall, and Hei di My commission expires: 3.4. 7 Date OF L1 N COI N ss. I I day of re.brU Kendall ,.spouse of Aron Ray.' Ken all. (Notary Public) (Len er Acknowledgment) v e OF k Ni b'.'`\' OF; LILO-Li"- This instrument was, ackn ledged before me t 's• I 8 day of Marcus Weber as Vice President of The Bank Of Star_• My commission expires: 3 15- RI TO„ (Notary Public) LISA HATCHER' NOTARY PUBL!C Ccurvty. GI Lin cVin Sate of Irlyorrl ;no "y C i mi!.::an xpfr;r,: i•: s: h 2017 PAM NEBEKER NOTARY PUBLIC COUNTY OF i STATE OF LINCOLN y� WYOMING MY COMMISSION EXPIRESMARCN 13,201 Aron Ray Kendall Wyoming Mortgage WY/ 4XPTOLMAN00000000000874039021114N Wolters Kluwer Financial Services 0 1996, •2014 Bankers Systems IIIIIIIIIII�II1IIIII �111�116111��IIIe111111�111111111��1111119111�Illalll�lQl�ll�llll�llill 2C II. by by Page 7 EXITIBIT "A" That part of the VA of Section 23, T36N, R119W,. Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 468 of Photostatic Records onPage'418, described as follows: Beginning at the Southwest corner of said tract which is identical with the center one quarter _corner of said Section 23 set by Nelson Engineering in 1974; thence N00 °34'33 "W, 439.01 feet, along the West line of said E'h, to the Northwest Sury -Kap of said tract; thence N51016'03 "E, 554.58 feet, along the Northwesterly line of said tract, to a Surv-Kap; thence S29 °12'37" E, 897.50: feet to a point on the South line of said tract; thence S89 °49'37 "W, 86620; feet, along said. South line, to the corner of beginning; the base bearing for this survey is the West line of the SE of Section 23, T36N, R119W being N00 °34'33 "W; Together with a right of ingress, egress and utilities over, under and across an access easement of record in said Office in Book 468 of Photostatic Records on Page 418. Together with a right of ingress and egress and utilities over, under and across the following described sixty (60) feet access and utility easement. Beginning at the most Northerly Surv-Kap of the above: described Parcel A; thence N46 °43'09 "E, 213.02 feet, along the Northwesterly line of said Parcel A, to a Surv-Kap; thence N45 °18' 16 "E, 356.55 feet, along said Northwesterly line, to a point; thence S44 °25'58 "E, 60.00 feet to a point; thence`S45 °18'16 "W, 357.02 feet to a point, thence 846 °43'09 "W, 216.14 feet to a point; thence S51 °16'03 "W, 12.45 feet to a point on the Easterly line of the above described Parcel A; thence N29 °12'37 "W, 60.84 feet, along said Easterly line, to the Surv-Kap of beginning. LandTitic Company Underwriter Stctivait Titic Guaranty Company Commitmcnt Schedule A