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HomeMy WebLinkAbout979198979198 11/5/2014 4:16 PM LINCOLN COUNTY FEES: $42.00 PAGE 1 OF 11 BOOK: 842 PAGE: 722 MORTGAGE JEANNE WAGNER, LINCOLN COUNTY CLERK 11111111111111 111E1111111 11111111 Do not write/type above this line. For tiling purposes only. RETURN TO Farm Credit Services of America, FLCA Constance PREPARER 1401 Wilkins Circle Casper, WY 82601 Eisenhauer Loan Officer: 307 577 -4700 Deb Gallagher NMLS 1196386 Date: 11/06/2014 Mailing Address: PO Box 144 Fairview, WY 83119 -0144 SEE ATTACHED EXHIBIT "A" Farm Credit Services of America REAL ESTATE MORTGAGE For the State of Wyoming Open -End To Secure Present and Future Obligations and Advances Form 5014 (1 -2013) Mortgagor(s): PAMELA J HRUSKA AND RANDAL J HRUSKA, TRUSTEES OF THE PAMELA J HRUSKA LIVING TRUST DATED JUNE 11, 1991; RANDAL J HRUSKA AND PAMELA J HRUSKA, TRUSTEES OF THE RANDAL J HRUSKA LIVING TRUST DATED JUNE 11, 1991; WEST HILLS RANCH LLC, A WYOMING LIMITED LIABILITY COMPANY. The above named Mortgagor(s) in consideration of the extension of credit identified herein and any future, additional or protective advances made at Mortgagee's option, hereby sell, convey, and mortgage to Farm Credit Services of America, "Mortgagee," whose mailing address is PO Box 2409, Omaha, NE 68103, and to its successors and assigns, from the date hereof until all obligations secured hereby are paid in full, the following- described real estate in LINCOLN County(ies), Wyoming, to wit: together with all Mortgagor's right, title, and interest in the property, now or hereafter acquired, including: all buildings, fixtures, timber, timber to be cut, crops, and improvements now on or hereafter placed upon the property; all appurtenances, water, water rights, irrigation, and drainage rights; all rents, issues, uses, income, profits, and rights to possession; all oil, gas, gravel, rock, or other minerals of whatever nature, including geothermal resources; all personal property that may integrally belong to or hereafter become an integral part of the real estate whether attached or detached, including any appurtenances and accoutrements of any structure or residence secured hereby; easements and other rights and interests now or at any time hereafter belonging to or in any way pertaining to the property, whether or not specifically described herein; all above and below ground irrigation equipment and accessories; and all leases, permits, licenses, or privileges, appurtenant or nonappurtenant to tl�e property, now or hereafter issued, extended, or renewed by Mortgagor(s), any State, the United States, or any department, bureau, instrumentality, or agency thereof. The foregoing is collectively referred to in this document as the "property." It is understood and agreed between Mortgagor(s) and Mortgagee that this mortgage is given to secure the repayment in full of the following described obligations, regardless of whether Mortgagor(s) is(are) liable thereon, and all future and additional loans or advances, protective or otherwise, which may be made by Mortgagee, at its option, at the request of, and to or for the account of Mortgagor(s), the parties liable under the note(s) or credit agreement(s) or any of them, for any purpose, plus interest thereon, all payable according to the terms of the note(s), credit agreement(s), or other instrument(s) modifying the same. Date of Note(s) or Credit Agreements) Principal Amount 12/23/2013 502,000.00 Provided, however, that the total principal indebtedness outstanding and secured hereby at any one time will not exceed the sum of Five Hundred Twenty Five Thousand Dollars and Zero .Cents, ($525,000.00), exclusive of interest and protective advances authorized herein or in the loan agreement(s). NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE FURTHER OR ADDITIONAL ADVANCES IN ANY AMOUNT AT ANY TIME, WHETHER OR NOT THE TOTAL PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. This mortgage will be due 01/01/2034 Mortgagor(s) hereby warrants that Mortgagor(s) holds fee simple title to the above described property, that Mortgagor(s) has good and lawful authority to mortgage the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, and that Mortgagor(s) will warrant and defend the property at Mortgagor's expense against all claimants whomsoever. Mortgagor(s) also hereby waives and relinquishes all rights of dower, homestead, distributive share, and exemption in and to the above described property. Mortgagor(s) and each of them further covenants and agrees with, or certifies to, Mortgagee as follows: 1. To pay all liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon the property' or under any lease, permit, license, or privilege assigned to Mortgagee as additional security to this mortgage, including those in or on public domain. 2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to the satisfaction of Mortgagee. Such insurance will be endorsed with a loss payable clause to Mortgagee. On demand, Mortgagor will furnish said policies or proof of insurance to Mortgagee. Any sums so received by Mortgagee may be applied in payment of any indebtedness matured or unmatured secured by this mortgage, or at the option of Mortgagee may be used to pay for reconstruction of the destroyed improvements. Such insurance will be in an amount at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and will at a minimum, cover losses caused by fire, lightning, explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. Mortgagor(s) will obtain and keep flood insurance in force to cover losses by flood as required by Mortgagee and by the National Flood Insurance Act of 1968, as amended, and by regulations implementing the same. Mortgagor(s) further agrees that Mortgagee is not and will not be liable for any failure by me /us or by any insurer, for whatever reason, to obtain and keep this insurance in force. 1 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Mortgagee may enter upon the property to inspect the same or to perform any acts authorized herein or in the credit agreement(s). 4. In the event Mortgagor(s) fails to pay any liens, judgments, assessments, taxes, rents, fees, or charges or maintain any insurance on the property, buildings, fixtures, attachments, or improvements as provided herein or in the credit agreement(s), Mortgagee, at its option, may make such payments or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the note(s) or credit agreement(s)from the date of payment until paid. The advancement by Mortgagee of any such amounts will in no manner limit the right of Mortgagee to declare Mortgagor(s) in default or exercise any of Mortgagee's other rights and remedies. 5. In the event Mortgagee is a party to any litigation affecting the property or the lien of this mortgage, including any action by Mortgagee to enforce this mortgage or any suit in which Mortgagee is named a defendant (including condemnation and bankruptcy proceedings) Mortgagee may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law), costs, expenses, appraisal fees, and other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately due and payable and bear interest at the default rate provided in the note(s) or credit agreement(s) from the date of advance until paid. 6. Any awards made to Mortgagor(s) or their successors by the exercise of eminent domain are hereby assigned to Mortgagee; and Mortgagee is hereby authorized to collect and apply the same in payment of any indebtedness, matured or unmatured, secured by this mortgage. 7. In the event of default in the payment when due of any sums secured hereby (principal, interest, advancements, or protective advances), or failure to perform or observe any covenants and conditions contained herein, in the note(s), credit agreement(s), or other instrument(s), or any proceeding is brought under any Bankruptcy laws, Mortgagee, at its option, may declare the entire indebtedness secured hereby to be immediately due and payable and the whole will bear interest at the default rate as provided in the note(s) or credit agreement(s) and Mortgagee may immediately foreclose this mortgage or pursue any other remedy at law or equity, including foreclosure by advertisement with a power of sale in Mortgagee to the extent provided by applicable law. Delay by Mortgagee in exercising its rights upon default will not be construed as a waiver thereof and any act of Mortgagee waiving any specific default will not be construed as a waiver of any future default. If the proceeds under such sale or foreclosure are insufficient to pay the total indebtedness secured hereby, Mortgagor(s) does hereby agree to be personally bound to pay the unpaid balance, and Mortgagee will be entitled to a deficiency judgment. 8. Upon default, Mortgagee will at once become entitled to exclusive possession, use, and enjoyment of the property and to all rents, issues, crops, profits, and income thereof, from the time of such default and during the pendency of foreclosure proceedings and the period of redemption, the delivery of which may be enforced by Mortgagee by any appropriate suit, action, or proceeding. Mortgagee will be entitled to a Receiver for the property and all rents, issues, crops, profits, and income thereof, without regard to the value of the property, or the sufficiency thereof to discharge the mortgage debt and the 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. The Receiver will apply all rents, issues, crops, profits, and income of the property to keep the same in good repair and condition,, pay all taxes, rents, fees, charges, and assessments, pay insurance premiums necessary to keep the property insured, pay the expense of the receivership and attorney fees incurred by the Receiver, and apply the net proceeds to the payment of the indebtedness secured hereby. Such Receiver will have all the other usual powers of receivers authorized by law and as the court may direct. 9. The integrity and responsibility of the Mortgagor(s) constitutes a part of the consideration for the obligations secured hereby. Should Mortgagor(s) sell, transfer, or convey the property described herein without prior written consent of Mortgagee, Mortgagee, at its option, may declare the entire indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any other default. 10. That Mortgagor(s) are, and shall continue to be, duly organized, validly existing and legally qualified to do business under the laws of the states in which Mortgagor(s) operate, in compliance with federal, state and local laws or regulations, and have legal authority in such states to conduct Mortgagor(s) business operations and to own agricultural real estate. No change has been made in the name, ownership, control, relationship, legal status or organizational and formation documents of any undersigned since the time any such information was last provided to Mortgagee. 11. That if Mortgagor(s), or anyone signing this Mortgage, is a limited liability company, that those signing on behalf of said limited liability company constitute a majority of the managers or members thereof, and that the execution of this Mortgage is in the ordinary course of the limited liability company's business and has been authorized by its members. 12. Assignment of Rents including Proceeds of Mineral Leases. Mortgagor(s) hereby assigns, transfers, and conveys to Mortgagee all rents, royalties, bonuses, and delay moneys or other proceeds that may from time to time become due and payable under any real estate lease or under any oil, gas, gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may hereafter come into existence, covering the property or any part thereof. All such sums so received by Mortgagee will be applied to the indebtedness secured hereby; or Mortgagee, at its option, may tum over and deliver to Mortgagor(s) or their successors in interest, any or all of such sums without prejudice to any of Mortgagee's rights to take and retain future sums, and without prejudice to any of its other rights under this mortgage. This assignment will be construed to be a provision for the payment or reduction of the mortgage debt, subject to the Mortgagee's option as hereinbefore provided, independent of the mortgage lien on the property. Upon. payment in full of the mortgage debt and the release of this mortgage of record, this assignment will become inoperative and of no further force and effect. 13. This Mortgage constitutes a Security Agreement with respect to all the property described herein. 14. The covenants contained in this mortgage will be deemed to be severable; in the event that any portion of this mortgage is determined to be void or unenforceable, that determination will not affect the validity of the remaining portions of the mortgage. Randal J Hruska, Trustee of the Randal J Hruska Pamela J Hruska, Trustee of the Randal J Hruska Living Trust, Dated June 11, 1991 Living Trust, Dated June 11, 1991 y: Rand J ruska, rustee West Hills Ranch LLC, A Wyoming Limited Liability Company By: Randal r ska, Manager AA fr(4 By: Pamela J Hruua, rustee West Hills Ranch LLC, A Wyoming Limited Liability Company By: Pamela J Hrus anager Randal J Hruska, Trustee of the Pamela J Pamela J Hruska, Trustee of the Pamela J Hruska Living Trust, Dated June 11, 1991 Hruska Living Trust, Dated June 11, 1991 By Randal Josep ee Pamela Joan Hruska, T ;ftee STATE OF COI�c COUNTY OF (.c�L It On this e 5 day oCNovember, 2014, before me, a Notary Public, personally appeared Randal Joseph Hruska and Pamela Joan Hruska, Trustee(s) for Randal J Hruska Living Trust Dated June 11, 1991 and Pamela J Hruska Living Trust Dated June 11, 1991 to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed as such Trustee (s) for the purposes therein mentioned. STATE OF Notary My Commission expires (3 COUNTY OF On this —day d'November, 2014, before me, a Notary Public, personally appeared Randal J Hruska to me known to be the person(s) named in and who executed the foregoing instrument, who did say that he /she is the manager of West Hills Ranch, LLC, a limited liability company; that the instrument was signed on behalf of the limited liability company by authority of its members and the manager acknowledged the execution of the instrument to be voluntary a d deed of the limited liability company by it and by him /her voluntarily executed. My Commission expires 7 4 *o' f ublic in and for said County and State BRYCE DONALD GREEN NOTARY PUBLIC STATE OF COLORADO IOTARYID 20144033295 03111113910N MIRES AUST25,2008 Notary ublic in and for said County and State BRYCE DONALD GREEN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20944033296 MY COMMISSION EKES AIIGUST25, EXHIBIT "A" Parcel 1 That part of the S'INE and that part of the SE' of Section 9 and that part of the SWANWY4 and that part of the NW %SW% of Section 10, T31 N R119W, Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 385PR on page 592, in Book 386PR on page 345 and in Book 496PR on page 742, described as follows: BEGINNING at a point on the west line of said SE%, S00 °26'50 "W, 110.36 feet from the southwest corner of the N' /2SEY4 of said Section 9; thence N89 °53'03 "E, 496.47 feet, to a position on the centerline of the Fairview (Crow Creek) Canal; thence coursing said centerline as follows: N17°36'55"E, 88.65 feet to a position; N24 °38'48 "E, 140.26 feet to a position; N45 °32'30 "E, 146.94 feet to a position; N51 °34'26 "E, 140.87 feet to a position; N61 °23'38 "E, 62.83 feet to a position; N71 °20' 11 "E, 161.69 feet to a position; S79 °45'53 "E, 106.26 feet to a position; S71 °52'29 "E, 253.94 feet to a position; S77 °51'22 "E, 80.57 feet to a position; S89 °55'53 "E, 38.60 feet to a position; N78 °28'16 "E, 211.56 feet to a position; N61 °33'03 "E, 113.25 feet to a position; N70 °33'34 "E, 209.19 feet to a position; N45 °24'52 "E, 243.25 feet to a position; N76 °10'00 "E, 110.22 feet to a position; N63 °39'22 "E, 59.56 feet to a position; N45 °32'02 "E, 68.94 feet to a position; N17 °15'39 "E, 231.69 feet to a position; N36 °15'33 "E, 107.37 feet to a position; N52 °04'18 "E, 156.24 feet to a position; N33 °38'51 "E, 98.06 feet to a position; N21 °44'38 "E, 112.62 feet to a position; N75 °16'56 "E, 88.41 feet to a position; N61 °59'58 "E, 49.89 feet to a position; N05 °01'20 "E, 81.98 feet to a position; N29 °44'28 "W, 152.68 feet to a position; N23 °26'47 "W, 163.51 feet to a position; N09 °32'18 "E, 117.85 feet to a position; N30 °51'08 "E, 145.01 feet to a position; N19 °30'39 "E, 64.29 feet to a position on the north line of said tract of record in Book 386, and leave said centerline; thence N89 °47'19 "W, 77.99 feet, to the southwest point of that tract of record in said Office in Book 410PR on page 185; thence N00 °26'00 "E, 395.29 feet, parallel with the east line of said S'/ %NE' /4, along the west line of said tract in Book 410, to the southeast point of that tract of record in said Office in Book 471 PR on page 534; thence N89 °34'00 "W, 500.98 feet, along the south line of said tract in Book 471, to the southwest point thereof; thence N00 °25'00 "E, 258.04 feet, along the west line of said tract in Book 471, to the northwest spike thereof on the north line of said S'/%NE'/4; thence S89 °38'12 "W, 60.01 feet, along said north line, to the northeast spike of that tract of record in said Office in Book 466PR on page 784; thence S00 °25'00 "W, 257.21 feet, along the east line of said tract in Book 466, to the southeast point thereof; thence N89 °34'05 "W, 247.50 feet, along the south line of said tract in Book 466, to the southwest Sury -Kap thereof; thence N00 °25'19 "E, 253.77 feet, along the west line of said tract in Book 466, to the northwest spike thereof on the north line of said SY2SE thence S89 °38'12 "W, 1375.40 feet, along said north line, to the northeast point of that tract of record in said Office in Book 462PR on page 839; thence S11 °43'30 "W, 204.52 feet, along the east line of said tract in Book 462, to the southeast point thereof; thence S89 °38'12 "W, 500.00 feet, along the south line of said tract in Book 462, to the southwest point thereof on the west line of said S'/ZNE thence S00 °26'50 "W, 1131.97 feet, along said west line, to the southwest corner of said S' /NE'/4; thence continuing S00 °26'50 "W, 1421.01 feet, along the west line of said SPA, to the POINT OF BEGINNING. Excepting therefrom the land described in Warranty Deed recorded in Book 701 PR on page 817 of the records of the Lincoln County Clerk. ALSO That part of the SE' /4 of Section 9, T31 N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 566PR on page 410, described as follows: BEGINNING at a point on the west line of said SE S00 °26'50 "W, 110.36 feet from the southwest corner of the N %SE'/4 of said Section 9; thence N89 °53'03 "E, 496.47 feet, to a position on the centerline of the Fairview (Crow Creek) Canal; thence coursing said centerline as follows: N 17 °36'55 "E, N24 °38'48 "E, N45 °32'30 "E, N51 °34'26 "E, N61 °23'38 "E, N71 °20'11 "E, S79 °45'53 "E, S71 °52'29 "E, S77 °51'22 "E, 88.65 feet to a position; 140.26 feet to a position; 146.94 feet to a position; 140.87 feet to a position; 62.83 feet to a position; 161.69 feet to a position 106.26 feet to a position; 253.94 feet to a position; 80.57 feet to a position; S89 °55'53 "E, N78 °28' 16 "E, N61 °33'03 "E, N70 °33'34 "E, N45 °24'52 "E, N76 °10'00 "E, 38.60 feet to a position; 211.56 feet to a position; 113.25 feet to a position; 209.19 feet to a position; 243.25 feet to a position; 98.77 feet to a position, and leave said centerline; thence S00 °26'00 "W, 1065.45 feet to a position; thence S89 °46'59 "W, 2236.57 feet, to a point on the west line of said SE/4; thence N00 °26'50 "E, 343.28 feet, along said west line, to the POINT OF BEGINNING. ALSO That part of the SE% of Section 9 and that part of the NW %SW/4 of Section 10, T31 N R119W, Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 486PR on page 90 and in Book 566PR on page 410, described as follows: BEGINNING at a spike on the east line of said NW /4SW/4, S00 °25'12 "W, 843.77 feet from the northeast corner of said NW/4SW thence N88 °52'03 "W, 372.05 feet, to a point; thence N00 °25'12 "E, 33.83 feet, to a position; thence S89 °55'25 "W, 1372.61 feet, to a position; thence S00 °26'00 "W, 975.08 feet, to a position on the south line of said tract in Book 486; thence N89 °46'59 "E, 422.00 feet, along said south line, to a point on the east line of said SE/4; thence N00 °26'00 "E, 880.04 feet, along said east line, to a point; thence N89 °55'25 "E, 958.86 feet, to the northwest bathey of the Fairview Cemetery, as shown on Plat No. 99 -A filed in said Office; thence S88 °52'03 "E, 363.82 feet, along the north line of said Fairview Cemetery, to a spike on the east line of said NW%4SW/4; thence N00 °25'12 "E, 60.00 feet, along said east line, to the SPIKE OF BEGINNING; ALSO That part of the SE/4 of Section 9 and that part of the SW%aNW/4 and that part of the NW %SWh of Section 10, T31 N, R119W, Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 486PR on page 90, in Book 496PR on page 742 and in Book 566PR on page 410, described as follows: BEGINNING at a point on the north line of the NW /4SW% of Section 10, N89 °48'34 "W, 291.39 feet from the northeast corner of said NW/4SW/4; thence N89 °48'34 "W, 80.63 feet, along said north line, to a point; thence S00 °25'12 "W, 803.83 feet, to a point; thence N89 °55'25 "W, 1372.61 feet, to position; thence N00 °26'00 "E, 90.37 feet, to a position on the centerline of the Fairview (Crow Creek) Canal; thence coursing said centerline as follows: N76 °10'00 "E, N63 °39'22 "E, N45 °32'02 "E, N17 °15'39 "E, N36 °15'33 "E, N52 °04' 18 "E, N33 °38'51 "E, N21 °44'38 "E, N75 °16'56 "E, N61 °59'58 "E, N05 °01'20 "E, N29 °44'28 "W, N23 °26'47 "W, N09 °32' 18 "E, N30 °51'08 "E, N 19 °30'39 "E, page 345 and leave said centerline; thence S89 °47'19 "E, 684.79 feet, to the northeast pipe of said tract in Book 386; thence S00 °34'16 "W, 263.79 feet, along an east line of said tract in Book 386, to a pipe; thence S21 °24'30 "E, 142.12 feet, along said east line, to a pipe; thence S29 °07'55 "E, 303.01 feet, along said east line, to a pipe; thence continuing S29 °07'55 "E, 0.80 feet, along said east line, to the POINT OF BEGINNING Excepting therefrom the land described in Warranty Deed recorded in Book 770PR on page 168 of the records of the Lincoln County Clerk. Parcel 2 T31 N R119W of the Section 7: Section 18: Section 5: Section 8: Section 6: 11.45 feet to a position; 59.56 feet to a position; 68.94 feet to a position; 231.69 feet to a position; 107.37 feet to a position; 156.24 feet to a position; 98.06 feet to a position; 112.62 feet to a position; 88.41 feet to a position; 49.89 feet to a position; 81.98 feet to a position; 152.68 feet to a position; 163.51 feet to a position; 117.85 feet to a position; 145.01 feet to a position; 64.29 feet to a position on the north line of said tract of record in Book 386PR on 6 Lincoln County, Wyoming NE% W' /6SE' /4, Lots 2 and 3 Lot 2 SW% and WVSE 1 /4 Lots 1,2 and 3 Commencing at a point which is the Northeast corner of the SE %SEY4 of said Section 6 and running thence South 80 rods; thence West 80 rods; thence in a northeasterly direction to the point of beginning. Parcel 3 T31 N R119W, Lincoln County, Wyoming Section 6: N %SEY4 ,SW %SE1/4 and beginning at the northeast corner of the SE %SE1/4 of said Section 6 and running thence West 80 rods, thence South 80 rods, thence in a northeasterly direction to the point of beginning. Beginning at the northwest corner of the SE%4 of said Section 6, thence East 160 rods, thence North 80 rods, thence in a southwesterly direction to the point of beginning. Parcel 4 All of GLO Lot 5 and that part of GLO Lot 6 and GLO Lot 7 of Section 22, and that part of the S'/NW% of Section 23, and that part of GLO Lot 1 of Section 27, T31 N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 777PR on page 372, described as follows: BEGINNING at the northwest corner of said S'/2NW thence N89 °29'33 "E, 1331.87 feet, along the north line of said S %NW1/4, to the northeast corner of the SW' /4NW'/4 of said Section 23; thence S00 °32 "W, 71.18 feet, along the east line of said SW %NW to a spike on the centerline of Bitter Creek County Road No. 12 -140; thence S18 °41'47 "E, 367.05 feet, along said centerline, to a spike; thence S11 °49'59 "E, 109.31 feet, along said centerline, to a spike at the beginning of a circular curve to the left; thence southeasterly, 368.25 feet, along the arc of said curve through a central angle of 03 °42'30" having a radius of 5689.67 feet, and a chord bearing S13 °41'14 "E, 368.19 feet, to a spike at the intersection of said centerline with that tract of record in said Office in Book 497PR on page 346; thence S89 °27'26 "W, 31.05 feet, to a point on said westerly right -of -way line; thence continuing S89 °27'26 "W, 290.88 feet, to a point on an existing fence line; thence S01 °11'45 "W, 279.08 feet, along said fence line, to an intersection with the north line of that tract of record in said Office in Book 777PR on page 254; thence S89 °26'34 "W, 1243.19 feet, along said north line, being parallel with the south line of said SWV4NW %4, to a point on the west line of said SW'/4NW %a; thence S00 °36'58 "W, 72.29 feet, along said west line, to the southeast corner of said GLO Lot 5; thence continuing S00 °36'58 "W, 91.65 feet, along said west line, to the southwest corner of said S' NW' /4; thence S00 °03'49 "W, 2067.48 feet, along the east line of said GLO Lots 6 and 7, to a spike on the centerline of Big Ridge Road; thence S63 °06'31 "W, 470.62 feet, along said centerline, to a spike at the beginning of a circular curve to the left; thence southwesterly, 372.90 feet, along the arc of said curve, through a central angle of 17 °03'00 with a radius of 1253.11 feet, and a chord bearing S54 °35'01 "W, 371.52 feet, to a spike; thence S46 °03'31 "W, 721.69 feet, to a spike, and leave said centerline; thence N45 °13'02 "W, 30.01 feet, to a point on the northerly right -of -way line of said Big Ridge Road; thence N00 °25'05 "E, 340.47 feet, to a point; thence N00 °00'05 "E, 2735.48 feet, to a point on the south line of said GLO Lot 5; thence N89 °35'34 "W, 158.00 feet, along said south line, to the southwest corner thereof; thence N00 °29'42 "E, 1320.78 feet, along the west line of said GLO Lot 5, to the northwest corner thereof; thence S89 °38'36 "E, 1425.03 feet, along the north line of said GLO Lot 5, to the northeast corner thereof; thence S00 °36'58 "W, 83.84 feet, along the east line of said GLO Lot 5, to the CORNER OF BEGINNING; ALSO A strip of land sixty (60) feet in width, being part of the S' %SWIA of Section 23, T31 N R119W, Lincoln County, Wyoming, and being part of that tract of record in the Office of the Clerk of Lincoln County in Book 443PR on page 129, with the centerline described as follows: BEGINNING at a spike on the westerly right -of -way line of Bitter Creek County Road No. 12 -140, S07 °37'54 "E, 327.05 feet from Station PI 260 +37.58, 30'RT, N29 °42'23 "W, 1380.38 feet from the southeast corner of said S %SW %4; thence S79 °14'36 "W, 16.83 feet, to a spike; thence N34 °25'42 "W, 72.45 feet, to a spike; thence S89 °40'12 "W, 777.12 feet, to a spike at the beginning of a circular curve to the left; thence southwesterly, 399.23 feet, along the arc of said curve, through a central angle of 52 °24'00" with a radius of 436.53 feet to a spike; thence S37 °16'12 "W, 243.28 feet, to a spike at the beginning of a circular curve to the right; thence southwesterly, 254.26 feet, along the arc of said curve, through a central angle of 30 °36'06 with a radius of 476.06 feet to a spike; thence S67 °52'18 "W, 376.19 feet to a spike; thence S63 °05'48 "W, 99.31 feet, to an intersection with the west line of said Section 23, N00 °03'49 "E, 559.64 feet, from said southwest corner. AND That part of that tract of record in said Office in Book 775PR on page 254, described as follows: BEGINNING at the intersection of the north line of the S'/SW of Section 23, T31 N R119W, Lincoln County, Wyoming, with the westerly right -of -way line of Bitter Creek County Road No. 12 -140, S89 °34'25 "W, 710.54 feet, from the northeast corner thereof; thence S07 °39'41 "E, 84.13 feet, along said right -of -way line, to a northeast point of said Big Ridge Road Tract; thence along the north line of said Big Ridge Road Tract, as follows: N34 °25'42 "W, 66.22 feet, to a point; S89 °40'12 "W, 18.67 feet, to a point, and leave said north line; thence N41 °03'42 "E, 38.09 feet, to a point on the north line of said S' /SW %4; thence N89 °34'25 "E, 19.88 feet, to the POINT OF BEGINNING.