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HomeMy WebLinkAbout976591fi ti 0 MORTGAGOR: 290, LLC, A Wyoming Limited Liability Company 2175 N.W. Highway Y Plattsburg, MO 64477 Space Above This Line For Recording Data MORTGAGE (With Future Advance Clause) DATE AND PARTIES. The date of this Mortgage (Security Instrument) is April 8, 2014. The parties and their addresses are: 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 power of sale, the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The property is located in Lincoln County at 291.01 ACRES OF BARELAND ON CANYON ROAD HWY 30, KEMMERER, Wyoming 83101. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security 290, LLC, Wyoming Mortgage WY /4XJNEW ELL00000000000674050040714N III0IIII 0ll IIIIIIIIII101,011111110 1,11 mil 1010III III III III Ill1l1l !NI lll 976591 5/12/2014 2:26 PM LINCOLN COUNTY FEES: $45.00 PAGE 1 OF 12 BOOK: 832 PAGE: 200 MORTGAGE JEANNE WAGNER, LINCOLN COUNTY CLERK 1111000 000001 Il11 11101110111 II 00 I 400111 II Wolters Kluwer Financial Services ©1996, 2014 Bankers SystemsTM Page 1 II Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. SECURED DEBTS AND FUTURE ADVANCES. 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, 01704422, dated April 8, 2014, from Mortgagor to Lender, with a maximum credit limit of $51,230.00. B. Future Advances. All future advances from Lender to Mortgagor under the Specific Debts executed by Mortgagor in favor of Lender after this Security Instrument. If more than one person signs this Security Instrument, each agrees that this Security Instrument will secure all future advances that are given to Mortgagor either individually or with others who may not sign this Security Instrument. All future advances are secured by this Security Instrument even though all or part may not yet be advanced. All future advances are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future advances in any amount. Any such commitment must be agreed to in a separate writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any other debt if Lender fails, with respect to that other debt, to fulfill any necessary requirements or limitations of Sections 19(a), 32, or 35 of Regulation Z. C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 3. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 4. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. 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. 5. 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. 6. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the 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. 7. TRANSFER OF AN INTEREST IN THE MORTGAGOR. If Mortgagor is an entity other than a natural person (such as a corporation, partnership, limited liability company or other organization), Lender may demand immediate payment if: A. A beneficial interest in Mortgagor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity. C. There is a change in ownership of more than 25 percent of the voting stock of a corporation, partnership, limited liability company or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 290, LLC, Wyoming Mortgage WY/ 4XJNEWELL00000000000674050040714N Wolters Kluwer Financial Services 1996, 2014 Bankers Systeme" 1IIIIIIII1011101 II IIII III11 .4 1 IIIII1011IIIII��IIIIIIII 0 1 7 0 4 4 2 2 1 2 4 4/ 0 4 0 8 2 0 1 4 Page 2 8. WARRANTIES AND REPRESENTATIONS. Mortgagor makes to Lender the following warranties and representations which will continue as long as this Security Instrument is in effect: A.' Power. Mortgagor is duly organized, and validly existing and in good standing in all jurisdictions in which Mortgagor operates. Mortgagor has the power and authority to enter into this transaction and to carry on Mortgagor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each jurisdiction in which Mortgagor operates. B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced by this Security Instrument are within Mortgagor's powers, have been duly authorized, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which Mortgagor is a party or to which Mortgagor is or any of Mortgagor's property is subject. C. Name and Place of Business. Other than previously disclosed in writing to Lender, Mortgagor has not changed Mortgagor's name or principal place of business within the last 10 years and has not used any other trade or fictitious name. Without Lender's prior written consent, Mortgagor does not and will not use any other name and will preserve Mortgagor's existing name, trade names and franchises. 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 easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any Toss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor will not partition or subdivide the Property without Lender's prior written consent. 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 will 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 will be entirely for Lender's benefit and Mortgagor will in no way 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 covenants contained in this Security Instrument, Lender may, 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 all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 11. DEFAULT. Mortgagor will be in default if any of the following events (known separately and collectively as an Event of Default) occur: A. Payments. Mortgagor fails 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 or guarantor of this Security Instrument or any other obligations Borrower has with Lender. 290, LLC, Wyoming Mortgage WY/ 4XJNEWELL00000000000674050040714N Wolters Kluwer Financial Services ©1996, 2014 Bankers SystemsTM 11111110 II'I II 1 1 11101 I III 1111 I 1 1111111111101 11111111111 II11 1111111 11111 X111111111110111 111 Page 3 C. Business Termination. Mortgagor merges, dissolves, reorganizes, ends its business or existence, or a partner or majority owner dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant �f this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Mortgagor is in default on any other debt or 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 material fact at the time it is made or provided. H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained 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. Material Change. Without first notifying Lender, there is a material change in Mortgagor's business, including ownership, management, and financial conditions. N. Insecurity. Lender determines in good faith that a material adverse change has occurred in Mortgagor's financial condition from the conditions set forth in Mortgagor's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 12. 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 in any document 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 refunds that may be available on Mortgagor's default. Subject to any right to cure, required time schedules 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 Instrument in 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 will specially warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims and demand of all persons claiming by, through or under Lender. The recitals in any deed of conveyance will be 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 set 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 filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 13. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to the extent permitted by law, 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, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full 290, LLC, Wyoming Mortgage WY/ 4XJNEWELL00000000000674050040714N Wolters Kluwer Financial Services ©1996, 2014 Bankers Sy Page 4 III IIII III1IIV�ICID1l1� II II IIIII 1I IIIIII II II I II II I II I I IIII I II II II 0 1 7 0 4 4 2 2/ 1 244 4 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 agrees to pay the reasonable attorneys' fees incurred by „Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Mortgagor. 14. ENVIRONMENTAL LAWS AND 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 has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. 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. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. I. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. 290, LLC, Wyoming Mortgage WY/ 4XJNEWELL00000000000674050040714N Wolters Kluwer Financial Services ©1996, 2014 Bankers Systeme' IIIII 1 7 0 4 4 2 III 111IIIIIIIMIIIIIIIIIII 2' 1 2 4 4% 10IIIIIIII11111IIIIIII 11I 4 IIIIIII0 6 IIIIII 2 1IIIII 4 01 IIIIII Page 5 K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees; which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 15. 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 or 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 the Property. Such 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. 16. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 17. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating to the Property. 18. OTHER TERMS. The following are applicable to this Security Instrument: A. Line of Credit. The Secured Debts include a revolving line of credit provision. Although the Secured Debts may be reduced to a zero balance, this Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. B. No Action by Lender. Nothing contained in this Security Instrument shall require Lender to take any action. 19. 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 of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 20. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually or together with any other Mortgagor. Lender 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 any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not 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. 21. 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. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 22. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 23. NOTICE, ADDITIONAL DOCUMENTS AND RECORDING FEES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE 290, LLC, Wyoming Mortgage WY/ 4XJNEWELL00000000000674050040714N Wolters Kluwer Financial Services 1996, 2014 Bankers SystemsTM IIIII 1 I�IIIIIigloIIIIIII2 2 /0 I119II2 4 II 4/ �I ,1111 4 0 0 IIIIII 8 2 I IIIIIII�0 1 4 IIIIII 0 7 0 4 4 Page 6 LENDER: 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 pther application information. Mortgagor will provide Lender any other, correct and complete information Lender requests to effectively mortgage or convey the Property. Mortgagor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. .Mortgagor'agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument 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: 290, LLC, B l/r /7 Date V /U w2C] /y Ja es M. Hobbs I, Member The Bank Of Star Valley Anji Taylor, /,Vice Preside By ?fr ACKNOWLEDGMENT. pRY P(4 NOTARY 9. SEAL OFM1S,• LORI A. BRODERICK My Commission Expires April 10, 2017 Clinton County Commission #13693540 Date CO- O F 1Y11550U11 This instrument was acknowledged before me this kW\ day of 1pr James M. Hobbs II as Member of 290, LLC,. My commission expires: 4 40.....0101-/ 11 II III III11 111111111111IIII0lIIII��II1111IijilIIIII1IDlIIIIIIIIIIIIIIIIIIIIIIII 0 1 7 0 4 4 2 2/ 1 2 4 a/ 0 4 0 e 2 0 4 OF O.A l A: SS. otary Public) .n &Ark( 290, LLC, Wyoming Mortgage WY/ 4XJNEWELL00000000000674050040714N Wolters Kluwer Financial Services ©1996, 2014 Bankers Systeme" 1 0 by Page 7 (Lender Acknowledgme t) OF OF 1)..69-6k ss. day of I /L {a 290, LLC, This instrument was ackno wIedge before me thiJ Anji Taylor as Vice President of The Bank Of Star Valley. My commission expires: C :3 (Notary Public) PAIV1 NEBEKEE? NOTARY PUBLIC a COUNTY OF a.t �c� STATE OF r L NCC�l_I? o wyomiNG i MY COMMISSION EXPIRES MARCH 13, 2018 J Wyoming Mortgage WY/ 4XJNEWELL00000000000674050040714N Wolte s Kluwer Financial Services ©1996, 2014 Bankers SystemsTM IIIIIIIIII 1110II IIII01110 11 III I IIIII III I1 III III 1 IIII I II IIII 0 1 7 0 4 4 2 2% 2 4 4 0 4 0 8 2 0 1 4 ,20y by Page 8 EXHIBIT "A" A parcel of land located in the N' /z of Section 26 and the SY of Section 23 and being part of Tracts 44, 45, 52, 53 and 54 all of the resurvey of T21 N R116W of the 6th P.M., City of Kemmerer, Lincoln County, Wyoming and being more particularly described as follows: Commencing at Corner No. 3 of Tract 45 of the resurvey of T2IN R116W, of the 6th P.M. City of Kemmerer, Lincoln County, Wyoming where is found a standard U.S.G.L.O. brass cap; thence N0 °00'00 "E, 2631.00 feet to Corner No. 4 of said Tract 45; thence S0 °02'21 "E, 371.50 feet to the Point of Beginning of this description. Said point being a point on the north right of way boundary of U.S. Highway 189 and being monumented with a 6" x 6" concrete post with a Wyoming Department of Transportation brass cap (herein after referred to as a standard highway R.O.W. marker). thence N77 °31'52 "W along said north right of way boundary of U.S. Highway 189, 182.46 feet to the PC of a curve to the left where is found a standard highway R.O.W. marker; thence continuing 452.43 feet along the arc of said curve to the left and said northerly right of way boundary to a point on the curve. Said point being monumented with a plastic cap on a 5/8" rebar, LS 2616. Said curve having a central angle of 29 °36'31 a radius of 878.51 feet and a chord of 447.42 feet which bears S87 °42'28 "W. Said point being the southeast corner of that particular parcel of land conveyed from P M to the Kemmerer /Diamondville Chamber of Commerce as recorded in Book 326PR on page 379 on file in the Lincoln County Clerk's office, herein after referred to as the Chamber of Commerce parcel. thence N16 °56'40 "W, 100.24 feet to the northeast corner of said Chamber of Commerce parcel where is found a 5/8" rebar with plastic cap LS 2616; thence S70 °32'40 "W, 79.13 feet to the northwest comer of said Chamber of Commerce parcel where is found a 5/8" rebar with a plastic cap LS 2616; thence S21 °32'35 "E, 99.99 feet to the southwest corner of said Chamber of Commerce parcel where is found a 5/8" rebar with a plastic cap, LS 2616. Said point also being a point on a curve to the left of the northerly right of way boundary of U.S. Highway 189; thence 523.91 feet along the arc of said curve to the left of the said northerly right of way boundary of U.S. Highway 189 to the PT of said curve. Said point being monumented by a standard highway marker. Said curve to the left having a central angle of 34 °10'09 a radius of 878.51 feet and a chord of 516.18 feet which bears S51 °17'39 "W; thence S34 °03'53 "W, 91.37 feet along said northerly right of way boundary of U.S. Highway 189 to a point where is found a standard highway R.O.W. marker; thence N 55 °37'35 "W, 39.94 feet along a jog in said northerly right of way boundary of U.S. Highway 189 to a point where is found a standard highway R.O.W, marker; thence S34 °08'05 "W, 189.92 feet along the northerly right of way boundary of said U.S. Highway 189 to the intersection of the north or east right of way boundary of U.S. Highway 30. Said point being monumented with a standard highway R.O.W. marker; the following three (3) courses along said north or east right of way boundary of U.S. Highway 30. thence N62 °06'13 "W, 51.45 feet to a point where is found a standard highway R.O.W. marker; thence N62 °20'05 "W, 751.15 feet to a point where is found a standard highway R.O.W. marker; (continued) Exhibit "A" continued thence N72 °03'25 "W, 696.34 feet to a point on the west boundary of said Tract 44 where is found a 5/8" diameter rebar with 2" diameter aluminum CCI PELS 5465 cap (herein after referred to as a rebar with CCI cap); thence N00 °23'37 "W, 1444.64 feet along the westerly boundary of Tract 44 to a point. Said point being the southeast corner of Lot 4 of Section 23, as described on the Plat of Rolling Hills 1st Addition, monumented with a 11/2" aluminum cap, PLS 580; thence N0 °23'12 "W, 142.01 feet to corner No. 8 of said Tract 44 where is found a 3" aluminum cap, PE /LS 5465; thence N0 °23'12 "W, 1184.01 feet along the west boundary line of said Tract 54 to the southeast corner of Lot 4 of Section 23, as described on the Plat of Rolling Hills 1st Addition, monumented with a 1 %T aluminum cap, PLS 580. thence N0 °25'59 "W, 715.30 feet along the westerly boundary of said Tract 54 to the southwest corner of that particular parcel of land conveyed from The Pittsburg and Midway Mining Co. to Questar Gas Company as recorded in book 578PR on page 773 on file in the Lincoln County Clerk's office. Said parcel herein after referred to as the Questar Gas Metering Parcel, where is found a 11/2" aluminum cap, LS 6263; thence S86 °33'05 "E, 50.19 feet to the southeast corner of said Questar Gas Metering Parcel, where is found a 1 aluminum cap, LS 6263, thence N0 °57'39 "W, 75.02 feet to the northeast corner of said Questar Gas Metering Parcel, where is found a 11/2" aluminum cap, LS 6263. Said point being a point on the south boundary of Del Rio Drive to the City of Kemmerer; o '38 "C 132.79 f t th of Rio thence S86 21 ��e� along the south boundary o� Del r�io Drive to a point on the boundary of the Lincoln Heights 5th,lst Filing Addition to the City of Kemmerer. Herein after referred to as L.H. 5thlst Filing; thence S3 °48'04 "W, 80.73 feet to the southwest corner of said Lot 9, Block 3 where is found a 1 aluminum cap, LS 482. The following eleven (11) courses being along the south boundary line of said L.H. 5 Filing: thence S86 °49'38 "E, 109.53 feet to the southeast corner of lot 9, Block 3 where is found a CCI rebar with cap; thence S15 °45'16 "W, 41.79 feet to the southwest corner of Lot 8 of Block 3 where is found a 11/2' aluminum cap, LS 482. thence N88 °16'39 "E, 176.51 feet to the common corner of Lots 6 and 7 of said Block 3 where is found a 11/2" aluminum cap, LS 482. thence N76 °16'52 "E, 179.73 feet to the common corner of Lots 4 and 5 of Block 3, thence N80 °21 '31 "E, 92.35 feet to a deflection point on the south boundary of Lot 3 of said Block 3 where is found a CCI rebar with cap; thence N86 °55'22 "E, 192.75 feet to the south east corner of Lot 1 of said Block 3, where is found a 11/2" aluminum cap, LS 482; thence N3 °01'16 "W, 95.61 feet to the PC of a curve on the east boundary of said Lot 1, Block 3, where is found a 1 aluminum cap LS 482; thence N 87 °06'45 "E, 52.94 feet to the PC of the curve on the west boundary of Lot 4 of Block 2 of said L.H, 5 Filing, where is found 11/2' aluminum cap, LS 482; thence S3 °04'30 "E, 93.49 feet to the southwest corner of said Lot 4, Block 2, where is found a 11/2" aluminum cap, LS 482; (continued) Exhibit "A" continued thence N86 °34'10 "E, 96.41 feet to a point on the south boundary of Lot 3, of said Block 2, where is found a CCI cap; thence S78 °20'12 "E, 4.07 feet to the northwest corner of Lot 9, Block 2 of the Lincoln Heights 5th 1st Filing Addition to the City of Kemmerer; herein after referred to as L.H. 5 2nd Filing, where is found a 5/8" rebar with cap; The following four (4) courses being along the south or west boundary of said L.H. 5th, 2nd Filing Addition. thence S3 °12'10 "E, 145.64 feet to the angle point on the west boundary line of Lot 8 of said Block 2, where is found a 5/8" rebar; thence S3 °25'06 "W, 273.22 feet to the angle point on the west boundary line of Lot 6 of said Block 2, where is found a 5/8" rebar; thence S43 °23'02 "E, 397.14 feet to the southerly most corner of Lot 1 of said Block 2, where is found a 5/8" rebar; thence N46 °33'57 "E, 423.01 feet along the southerly boundary of said L.H. 5th, 2nd Filing to the southwest corner of Lots 6B Block 1. Said point also being the southwest corner of Lot 7B of Block 1 of said L.H, 5th, 1st Filing where is found a CCI rebar with cap; The following four (4) courses along the southeast boundary of said L.H, 5th, 1st Filing Addition. thence N46 °33'30 "E, 147.12 feet to the common corner of Lots 7A and 6B where is found a CCI cap; thence N67 °39'56 "E, 75.03 feet to the common corner of Lots 6A and 6B of said Block 1 where is found a CCI rebar with cap; thence N 44° 32'43 "E, 156.36 feet to the angle point of Lot 1 of said Block 1, where is found a 1'/2' aluminum cap, LS 482; thence N 36 °41' 46 "E, 106.71 feet to the southerly most corner of said Lot I. Said point being a point on a curve to the left on the south or west right of way easement boundary of Canyon Road; The following three (3) courses being along said south or west right of way easement boundary of Canyon Road. thence 400.47 feet along the arc of said curve to the left to the PT of said curve where is found a CCI rebar with cap. Said curve to the left having a central angle of 36 °09'47 a radius of 634.50 feet and a chord of 393.86 feet which bears S71 °19'39 "E; thence S 89 °28'39 "E, 1139.27 feet to the PC of a curve to the right where is found a CCI cap; thence 113.39 feet along the arc of said curve to the right to the intersection of said south or west right of way easement boundary line of Canyon Road and that particular parcel of land conveyed to Harrower as recorded in Book 164PR on page 306 on file at the Lincoln County Court House (said parcel herein after known as the Harrower Parcel). Said point being monumented by a CCI cap. Said curve to the right having a central angle of 11°29'17", a radius of 565.50 feet and a chord of 113.20 feet which bears S83 °44'00 "E; The following four (4) courses being along the boundary of said Harrower Parcel. thence S72 °11'04" E, 31.81 feet to the northwest corner of Parcel A of said Harrower Parcel where is found a CCI cap; thence S7 °49'23 "W, 120.02 feet to the southwest comer of parcel of said Harrower Parcel where is found a CCI cap; thence S72 °10'52 "E, 159,98 feet to the southeast corner of parcel A of said Harrower Parcel, where is found a CCI cap; thence N7 °49'57 "E, 105.81 feet to the intersection of a curve to the right on said south or west right of way easement boundary of Canyon Road. Said point of intersection being monumented with a CCI cap; (Continued) thence 234.26 feet along the arc of said curve to the right of said south or west right of way easement boundary of Canyon Road to the intersection of the tract line between Tracts 52 and 50 of said resurvey of T21 N R116W where is found a CCI cap. Said curve to the right a central angle of 23 °44'05 a radius of 565.50 feet and a chord of 232.59 feet which bears S46 °16'45 "E; thence S0 °13'45 "E, 67.69 feet to corner No. 3 of Tract 50 of said resurvey of T21 N R116W; thence S0 °40'02 "E, 586.06 feet along the east boundary of said Tract 52 to a point on the west right of way easement boundary of Canyon Road where is found a CCI rebar with cap. The following seven (7) courses being along the west right of way easement boundary of said Canyon Road, Exhibit "A" continued thence S22 °32'16 "W, 523.46 feet to the PT of a curve to the left where is found a CCI rebar with cap; thence 265.78 feet along the arc of said curve to the left to the PC of said curve where is found a CCI rebar with cap. Said curve to the left having a central angle of 24 °00'00 a radius of 634.50 feet and a chord of 263.84 feet which bears S10 °32'09 "W; thence S1 °27'39 "E, 412.00 feet to the PT of a curve to the right where is found a CCI rebar with cap; thence 355.18 feet along the arc of said curve to the right to the PC of said curve where is found a CCI rebar with cap. Said curve to the right having a central angle of 35 °59'11 a radius of 565.50 feet and a chord of 349.37 feet which bears S16 °31'43 "W; thence S34 °31'21 "W, 460.00 feet to the PT of a curve to the left where is found a CCI rebar with cap; thence 241.77 feet along the arc of said curve to the left to the PC of said curve where is found a CCI rebar with cap. Said curve to the left having a central angle of 21°49'57", a radius of 634.50 feet and a chord of 240.31 feet which bears S23 °35'55 "W; thence S12 °41'15 "W, 462.93 feet to a point on the north right of way boundary of U.S. Highway 189 where is found a CCI rebar with cap. thence N77 °30'47 "W, 495.69 feet along said north right of way boundary of U.S. Highway 189, 495.69 feet to the point of beginning. EXCEPTING THEREFROM, a parcel of land located entirely within Parcel K2 also being a portion of Tract 54 of the resurvey of T21 N R116W, 6` P.M., Lincoln County, Wyoming. Said parcel herein after referred to as the P &M Radio Tower Parcel and being more particularly described as follows: Commencing at the 1 /4 corner common to Sections 22 and 23 of the resurvey of T21 N R116W of the 6th P.M., Lincoln County, Wyoming; thence S 0 °13'58 "E along the west boundary of said Section 23, 2654.87 feet to the southwest corner of said Section 23; thence N18 °07'18 "E, 919.34 feet to the Point of Beginning of this description. Said point of beginning being a point on the west boundary of Tract 54 of the resurvey of T21 N R116W, 6th P.M., Lincoln County, Wyoming, where is found a CCI cap on a 5/8" rebar; thence N0 °23'12 "W, along the west boundary of said Tract 54, 50.00 feet to a point where is found a CCI cap on a 5/8" rebar; thence N89 °37'17 "E, 132.60 feet to a point where is found a CCI cap on a 5/8" rebar; thence S0 °21'06 "E, 49.98 feet to a point, where is found a CCI cap on a 5/8" rebar; thence N89 °36'39 "W, 132.57 feet to the point of beginning of this description.