HomeMy WebLinkAbout878300 Space Above This Lirle For Recordinij
MOBTGAGE
DATE AE!D PARTIES. The date of i~his Mortgage (Securi!y fns'trtlrner~t) is DecemUer 24, 20{')1 'i"l;e parlie;.,~ ~md
theirad,h~ r--~,s~:,s~, are: -
tVIORTGA GOR:
VAN E. F!ELtVI
P O BOX 802
SMOOT, Wyoming 83126
DA, YDFu:~ L, HELIVI
P 0 BOX 6O2
SMOOT, Wyoming 83126
LENDEFi:
FIt:-i6; :~¢ATION.h.L 3ANI( - WEST
Organized and existing tinder the laws of the United States of America
3'I & S Washingl:on
PO Box 1620
Aft:on, Wyoming 8311'0
83-0162601
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of wt~ic;h is acknowledg,~d,
al3d to secure fl~e Sectored Del;ts and Mortgaflor's performance under this Secu~i[y Instrument,
bargains, conveys, mot'[gages and warrantsto Lender, with the powerof sale, the fo~lowing described r,' ,,* t,,'
, . . ~), Ol),.r,,
SEE ATTACHED SCt~EDULE "C'
The proper~y is located in LINCOI.N County at P O BOX 602, SMOOT, Wyoming 83126.
Together with all rights, easements, apptir[enances, royalties, mineral rights, oil and gas rights, ali water and
-riparian rights, Wells, ditches and water stock and al! existing and Mture improvements, s'l:ruc!'t]res, ¢ix[ures, and
replacements dsat ~nay now, or a'[- any time in the (uture, be part o~ 'the real estate described (all rere~m~l lo as
Prepe'W). This Security Instrument will remain' in effect ~tntil the Secured Del)ts and ail Imdertyinrj agreenmnCs
have been terminated in writing by Lenaer.
2, M-AXIMUiVIOBI..IGATION LI'MIT. The total principal amou~Yt secured bythis Sect~rity Instrument at any one time
will not exceed 825,072.00. Ti:tis limi'[adon of amount' does not' - ' · .... ~ ' -
. ~nclude Inte~est and otm. r fees a~(l ct~arges vahdty
made pursuanl: to this Security InFU'umenl:, Also, this limitation does not apply !.o advances made under Hm terms
of 'fffis Security Instrument to )rotect [_ei;der's sec;urit'¢ and to perform any of the covell[tr]l:s <:oi]ta~i::: I il~ riffs
Security Instrument.
3. SECURED DEBTS. This SecuriW insh'umentwil!sect;re dqe following Secured Debts:
A. Specific Debts. The following debts and all extensions, renewals, ref~nanch}gs, n~odificatiens and
' replacements, A promissory note, No, 64002803, dated December 24, 200!, fram Mor[flagor [o Lender, wi~h
a loan amount o'f ¢25,072.00 w:th an in't'erest rate of 7,0 percent per year and maturing on ,Jtiiy 15, 2006.
~, Sdl'Yli:¢ ¢,¢h/anced. All st~ms advanced and expenses ~nc'.lrred ~y L~.,,~c!er under the terms o¢ 'ii;is Sec:;!rity
4. PAYE~ENTS. Mortgagor agrees [hat all payments
accordance w'id'~ die ~erms of the Secured Deb'ts and this Security instrt~ment.
5. PRIOR SECURITY INTERESTS. W~t!- 'agard to any otim~' mortgage, dead of 'trttst, s(~ct~ri~y a(jreemen~: o~ rher
lien document tha~ created a prior security mteres[ or encumbrance on the Property, Mor[ga....~r agrees:
A. To make all payments when due and to pe¢"=crn~ or comply with all covanan[s.
B. To promptly deliver to Lender ~my notices that Mortgagor receives 'from 1he holder.
"JLN E. HELM
C. Not to a]tow any modification or extension of, no,- to request any fuh~re advances t~der aoy note or
ag~een~ent secured by the lien document w~thout Lender's l}rior written consent.
6. CkAIMS AGAINST TITLE. Mortgagor wi][ pay ali 'taxes, assessments, ]~ens, eocumbrances, [ease payments,
ground rents, utii[ties, and other chalges relating to the Property when due, Lender ma? 3q~]!e Mertgago; to)
provide to Lender copies of ali notices that such amounts are due and the receh}ts, evide~c]n[~ Mort~agnr s
payment, Mortgagor will defencl title to the Property against any cJaims that would impair the ~i,:sn of this Security
Instrument. Mortgagor agrees 'to assign to Lender, as requested by [..ender, any tights, claims or c]efenses
Mortgagor may have against parties who supply [al)or or materials to maintain or irr~prove the Property,
7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately
dt~e and payable upon the creation of, or contract for the creation of, a transfe: or sa]e of the PrT¥}er'ty. This right
is subject to the restrictions imposed by federal law governing the preemption of state due-on-sale laws, as
applicable,
8, WARP&NTIES AND REPRESENTATIONS. Mortgazgor has the right and aud~ority to enter in'Lo Itfin S ;curity
Instrument. The execution and delivery of this Security Instrument will not violate any agreemei~ 9overr,,!ng
Mortgagor or to which Mortgager is a party.
9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will kee,)the Property in good condilion
and make all repairs that are reasonably hscessary, Mortgagor will not commit or allow any waste, i~npairment, or
deterioration of tine Property. Mortgagor wilt keel) 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 i'n a~y 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 loss or damage to the Property.
Lender or Lender's agents may, at l_ender's op~:ion, enter tine Property at any reasonable t:ime for the purpose of
inspecting ti,a Property, Lender will give Mortgago; notice at the time of or before an inspection specifyinrl a
reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lsnder's benefit and
Mortgagor will in no way rely on Lender's inspection.
10. a~ITHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants conta:.;,e~l in this
Security Inst:rument, Lenc;~r may, without r,,otice, perform sr cause them to be performed. Mortgagor appoints
Lender as a'?torney in fact to sign r'".ortgagor's name or pay any ainount necessary for performance, t..efx!er's right
to.Perform for Mortgagor, will not create an obligation to perform, and Lend~r~ '; failure to p~.~,'ic~m will no~ l),echlde
La;,der from exercising any ef Lender's other rights tinder the law or this Security Instrument. If any cor:struction
on the Property is discontinued or not carried on in a reasonable manner, Lender may take al! steps necessary to
prc)tect Lenm~r s security interes't in the Property, including completion of the constrt~ctlon.
11, ASSIGNMENT OF I ~ ~=
._EA ....S AND RENTS Mortgagci .'~, *-
· u,an,s, bargains, conveys, mortgaoes aRd warrar.,fs ~o
L. ender a:: additional sc~curi'ty alt ti-ia right, title and interest in and'to any and ail;
A. Existing or future leases, subleases, licenses, guaranti:¢s a,,d any other written or verbal agreeme q's for the
~se and occupancy of any portion of the Property, including any extensions, ~enewals, modifications or
substitutions of sl~ch agreements (all referred to as Leases).
B. Rents, issues and profits (all referred to as Rents), ;ncluding but not limited to security deposil, s, minimum
,ant, percentage rent, additional rent, common area maintenance charges, narkir~g charges, real est;ate taxes,
other applic~ble taxes, insurance premium conuibutions, liquidated damages following de'fault, cancellation
premiums, "loss of rents" insurance, guest receipts, revenues, rove t es, proceeds, bOntlSeS, aCCOLlnts, centract
rights, general inxangibles, and all rights and c.laims whicl~ Mortgagor may have that in any way pertain t~ or are
on account of the use or occupancy of the wt~ole or any part of the Property.
Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgafio'
may collect, receive, enjoy and use the Rents so leng as Mortgagor is not in default under the terms of this
Security lnstrun~ent.
Mortgagor afjrees 'that this assignment is immediately effective between the parties to this Security Instrument.
Mortgagor agrees that this assignment is effective as to third parties when Lender takes affirmative action
prescribed by law, and that this assignment wilt remain in effect during any rrdemption period until the Secured
Debts are satisfied. Mortgagor agrees that Lender may take actual possessiol~ o'f the Property withotlt the
necessity of commencing legal action and that actual possession is deemed to occllr when Lender, o~- its agent,
notifies Mortgagor of Mortgagor's default and demands that any tenant pay all Em.~re Rents directly to Lender. On
receiving notice of default, Mortgagor will endorse and acliver to Lender any payment of Rents in Mortgagor's
possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds.
A. ny amotlnts collected will be applied as provided in t!~i~ Security Instrument. Mortgagor warrants 1:liar no default
exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to n~ainl:ain and requi~'e any
l:enant 'to comply with the terms of the Leases and applicable law.
12. DEFAULT. Mortgagor w~li hein default if any of the fo!lowing occur: A. Payments. Mortgagor failsto make a paymentin fu'.: when due.
B, Insolvency. Mortgagor makes an assignment for the benefit o~ creditors or becomes insoh,'ent, eit!',er
because Mgrtgagor's liabilities exceed Mortga¢or's assets or Mortgagor is unable to pay M~ t:gcgo's dr-;lits as
they become due,
C. Death )r Incompetency. Mortgagor dies or is declared legally incompetent.
D. Failure to Perform, Mortgagor fails to perform any condition or to keep any promise or cov6nalt[ of 1his
Security Instrument,
E, Other Documents. A default occults under the terms of any other transaction dncument.
F. Other A?aements, Mortgagor is in default on aRy other debt or agreement Mortgagor has , ..'ith Lender.
VAN E. HELM
Wyoming
I -,~eprosu.,,a~.o.. i~..':ortgagor makes any verbal or written statement or ;;rovi4es an,/ fin~,nciz:t i~fonna~:ion
that is un'true, inaccurate, or conceals a material ~:act at the time it is made or provided.
H. J(Idgment. Mortgagor fails to satisfy nr appeal any judgment against Mortgagor.
I. Forfei'tilre. The Property is used in a manner or for a purpose that threatens (onfiscati(~n by a efta
J. Name Change. Morlgag~: changes Mortgagor's name or assumes an additional name ~.,'iti~ou~ no,if,.,
Lander before making such a
I(. Prepe~'ty Transfer. Mortgagor transfers all or a s~bstantial part of Mortgago~'s money u, property. This
condition of defaul~, as it relates to the transfer of the Proper[y, is st:bjec~ to the restrictions cc~n~ained in the
DU~ ON SALE section.
L. Property Value, The value of the Property declines or is impaired.
~], Insec~rity. Lender reasonabl,, believes that Lender is ilssecure.
13.'RE~aEDIES. Lender may use any and all remedies Lender has under s~ate or federal law or in any instr~rnent
evidencing or pertaining to the Secured Debts, including, without limitation, the power to sell th~ P~operty. Any
amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing t~nder
the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that ma~ h:~ available
on Mortgagor's default.
S~b~ect !o any right to cure, required time schedules or other notice rights Mc:'tgagor may have under federal
state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately
due and fore,.fiose this Security Instrument in a manner provided by law upon the occurrense of a default or
anytime thereafter.
If there is a default, Trustee wi!l, in addition to any other permitted remedy, at the request of the Lender, adverfis~
and sell the Property as a whole or in sep~rate parcels at public auction to the highest bidder for cash and com~e,,,
absolute titie free and clear of all right, ti'tie and interest of Grantor at such time and place as Trustee designates.
Trustee will give notice of sale including the time, terms and place of sale and a description of ~he Propar:y to ba
sold as required by the applicable law in effect at the time of the proposed sale.
U[~on sate of the Property and to the extent not prohibited by law, Trustee will make and ~ieliver a dried to ~t~e
Prol)er~y so':d which conveys absolute title to the purchaser, and after first pa~ing all fees, ct~arges and costs, will
pay to Lender all moneys advanced for repairs, taxes, i,~surance, liens, assessments ~.~nd prior encumbrances and
intersstthereon, an:]the principal and interest onthe Secured Debts, paying the surplus, if any, to Grant~;r. Lender
may purchase the Property. The recitals in any deed of con,'eyance will be i,rima facie evidence of the facts set
forth therein.
AJi remedies are distinct, cumulative and not exclusive, and the ]_end{st is entitled to all remedies provided at: taw
equity, whether or not expressiy set forth. The acceptance by Lender of any sum in ~ayment o~ pa-~rtiat
on the Secured Debts after the balance is due qr is accel,arated or after ~orec~.osure proceedi~gs are filed will ;~ot
constitute a waive~ of Lender's rigi~,;to require complete cure of any existing default. By choosing any one ~ i~ore
of these remedies Lender does ~ot give Lip Lender's right to use any other remedy. Lender does not waive a
defatil~if Lender chooses notto use a remedy. By electing nottouse any remedy, Lender does not waive Lenfisr's
right to l~;~er consider the event a default and to use any remedies if the default continues or happens again.
14. COLLECTION EXPENSES AND ATTORNEYS' FEES. )n or after Default, to the exten~ permitted by Is~w,
Mortgager agrees to pay all ~xpenses o~ collection, enforcement or protection of Lender's rights an(: remedies
under'this Security Instrument. Mortgagor agreesto pay expenses for Lender to inspect and preserve the Propart~
and fox ~,ny recordation costs o~ releasing the Property fron~ this Security Instrument. Expenses include, hu[ are
not limit:~4 to, reasonable attorneys' fees after default and referral to an attorney not ~ salaried en~ployee of the
Lender, These expenses a~e due and payable immediately. Ii: not paid immediatel,,' these expenses will bear
interest from th~s date of payment un~il paid in full at ~ha lfighest interest rate in effect as provided for in the terms
of the Secured Debts. To the extent permitted by the tJnited States Bankruptcy Cofie, Mortgagor ~[lrees to
the reasonable attorneys' fees Lende/ incurs to collect the Secured Debts as ~warded by any cour[ ~ xsrci,sinS
jurisdi~::tion under the Bankruptcy Code.
15. ENVlRON~aENTAL LAWS AND HAZARDOUS SU~STANCBS. As used in this section, (1) ~,vironmantal Law
means, without limitation, the Comprehensive Environmental Response, Compensation and ! i~bilit~, /:.(;t (CERCLA),
all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions o,'
interpretive letters ~soncerning the public health, safety, wei~are, environment or a hazardous suhstance; 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 rna~e~'ial,"
"toxic sL~bstance," "hazardous waste," "hazardous substance," or "regulated subs[anco" under a,y Environmental
Law.
i~ortgagor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardo~s Sub:~anca is or will be
located, stored or released on or in the Property. This restriction does not apply to small quantities
Hazardous Substances that are generally recognized to be appropriate for the normal use and mainte~ance of
the Prope~ty.
B. Except as previously disclosed and acknowledged ~n writing to Lender, Mortgagor and every tenant have
been, are, and will remain in fl~l! compliance with any applicable Environmental Law.
C. Mort[/agor wilt immediately notify Lender if ~' release or threatened release of a Hazardous Substance occurs
on, ~.~nder or a~bout the Property or there is a vicflation of any Environmental Law concerning :i~e Praperty.
such an event, Mortgagor will take a~l necessary remedial action in accordance with any Environmental Law.
D. Mortgagor will immediately notify Lender in writing 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
Hazardous Substance or the violation of any Environmental Law.
VA~ E, HELM
D/W'4 :?~'andieMO0505900003326017122401Y ~'! 995 Bankers Systems, inc., St, C;oud, MN ~]:' Page ::
16. CONDEMNATION. Mortgagor will ,clive Lender prompt notice of any pending or tlnreatenecl action by privat~ o,"
pubic entities to purchase or take any or alt of the Property through condemnation, eminent domain, or any other
means. ~.,~o~tgagor authorizes Lender t'o intervene in Mortgagor's name in any c. the above described actions or
claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages conn:::cted
condemnation ~r other taki~.g of a~ or an~ part of the Property S~ich proceeds w~li be considered payments ~nd
will be applied as provided in t?,.~s SecuriW Instrument. This assignment of proceeds is subiec~ to the ~erms of ~n'/
prior mortgage, deed of trust, security agreement or other lien document.
17, INSURANCE. Mortgagor agrees to keep the Property insured against tt~e r~s~s re~;:;onnbly associated wi[h the
Property. Mortgagor will maintain tt~is insurance in the amounts Lender rer~uires.. This insurance ',.viii las~ until the
Property is released from this Security Instrument, Mortgagor may choose the insurance co noah.:.,, ~mbject
Lender's approw~i, which ~,'iJl not be unreasonably withheld. All insurance policies and renewals will include a
standard "mortgage clause" and, where applicable, "loss payee clause."
Mortgagc~r wilt give Lender and ti,:] insurance co~pany immediate notice o( ~:~y loss, Al! ins~rance p¢o.:eeds ..,viii
be applied to restoration or repair of the Property or'Lo Lhe Secured Debts, at Lender's option. If L~;.,der acquires
the Property in damacjed condition, Mortgagor's rights to any insurance policies and proceeds wi.I pass to Lender to
the extent of ~he Secured Deb[s.
Mort~:;agor will immediately not~fy Lender of cancellation or termh-~ation oi: insurance. If h,~ortg~::g::~r Jails to koep the
Property insured Lender may obtain insurance to protect Lender's interest in the Property. -[")~is ins~lrance may
inclucte ceverag~:s not originaliy required of ;'....,]o'tgaflo' r, my be written by a company other titan o~te Mortgagor
would choo.,:;,z,, and may be w,i[ten [~t a higL3r rate tha¢~ Mortgagor could obtain if Mortgagor [:~rchased the
insL]rance.
18. ESCROW FOR TAXES AND INSURANCE. As provided in a separate agreen-~,,:]t, Mortgagor agrees ~o pay to
Lender funds for [axes and insurance in escrow.
19. CO-SIGNERS. If Mortgagor signs chis Security Instrument but does not s~gn the Secured D;bts,
does so only to mortgage Mortgagor's interest in the Property to secure payment of the Sect!re~, Debts and
Mortgagor does not agree to be personally liable ol~ the Secui'ad Debts. If this SecuriW Instrument secures a
guaranty between Lender and Mortgagor, Mortgagor agrees to waive any ri: ~ts [hat may prevent Lender from
bringing any action or claim against Mortgagor or any party indebted under the obligations. These rights may
include, but are not limited to, any anti-deficiency or one-action laws.
20, WAIVERS. Except to the extent prohibiteci by law, Mortgagor waives all homestead exemption rights
to the Property.
21. APPLICABLE LAW. This Security Instrument is governed by the laws of Wyoming, except to the extenl:
otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America.
22. ,,O,NrT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor'::: obligations under [his Sccurity
Instrument'[: are ii,dependent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually
or together witt~ any other Mortgagor. Lender may televise any part of the Property and Mortgagor will still be
obligated under this Security Instrument for the remaining Property. The duties and benefits of this g'~curity
Instrument will bind and benefit the successors and assigns of Lender and Mortgagor.
23. AMEP~DMENT, INTEGRATION AND SEVERABILITY. Tills Security ~nstr~:ment may not be amended or modified
by oral agreement. No amendment or modification of this Security Instrument is etfective unless made in writing
and executed by Mortgagor and Lend,ar. This Security instrument is the .....
co[::,:~te and final expression of ihe
agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable pro','~sie~ will be
severed and the remaining provisions will stiff be enforceable.
24~ INTERPRETATION. Whenever used, tt~e singular includes the plural and the plural includes the singular, The
section headinLs are for convenience only and are not to be used to interpret or define th~ terms of this Security
instrument.
25. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by iaw, any
notice will be given by delivering it or mailing it by first class mail to the appropriate party's address 'isted in the
DATE AND PARTIES section, or to any other address designated'in writing. Notice to one parW w?! be deemed ~'o
be notice to all parties. Mortgagor wit[ inform Lender in writing of any change in Mortgagor's name, address or
other application information. Mortgagor will provide Lender any financial statements or inform~,tioi, Lender
requests. AI~ financial statements and information Mortgagor gives Lender will be correct and comple[¢.
Mortgagor agrees to sign, deliver, and file any additional docu~nents or certifications that Lender may consider
necessary to perfect, continue, and preserve Mortgaflor's obligations under this Sem]rity Instrument and to confirm
Lender's lien status on any Prop~}¢'W. Time is of the essence.
SIGNATURES. By signing, Mort~af;or agrees to the terms al~d covenants ::ontained in tills Secu,i~y
Mortgagor also ~cknovviedges recefpt of a copy of this Sect:~ity Instrument.
MORTGAGOR:
DA)rCfl/P,A L, HELM
VAN E. HELM
Vv'ycming Mort§ag~
V',/Y/4BrandieMO0505900003326017122401' '~'1'996 ~kers S','stems ~.:., St, C!o.~d, MN k~'" P?.~ie 4
LENI')~R:
First Na×t, ional Bank - West ,--,, ...... '
Ro?g~F C?~, Vice President
ACKNOWLEDGMENT.
(Individual)
This instrument was acknowl~d'ged before me :~s ~.~ day of
VAN E. HELM, and DAYDRA L. HELM.
(lender Acknowledgment)
This instrument was acknowledg'e~t before me this ~
Roger Coles as Vice President of First National Ban~ - West.
My commission expires:.-~-/:~':,~PCZ3~ ,~ ..... : ~ _ f~
(Notary Put.,iic)
~i c~untv or ff~,~ st~ or
(~ontmJss[on Expires Febrtm:v 13, 2005 {{
VAN E. HELM
Wyoming ~crtgage
WY/4Bra ~dieMOC 505900003326017! 22401','
ALT'~! COMMITMENT- 1982-
Comm/tment No.: FA 8365 OM
8CtIEDULE C
TI~: land referred to in tk's commitment is situate3 in the grate of Wyoming, Cmmty of Lincoln, a~;d ~ ¢~eec:ri.0ed as
follows: __
A portion of the property referred to in the Special Warranty Deed
recorded in Book 352PR on p~ge 135 of records of the C~.erk of L
C°IlN1;F, Wyoming, being Wast of the Center Line of U.S. Highway 89 within
the NE~SE~ ef Section 31, T31N RllSW of the 6th P.M., Lincoln Ce~nty,
Wyoming, the metes and bounds being more particularly described as
follows: - ~
~GII~ING a the B.L.M. t~e Honumenu marking the Baker Engineers
698, 1981 locati~a~ for the Northwest corner of said
Ehence ~ 89o23,01" E, along the North line of said NEWeSt,
feet to e point in the ce~terline of said U.S. Highway 89;
thence S 36:33'37. E, along ~aid oenterline, ~05.20 feet to SYation
TS8~0+29.23;
~-hence Southeasterly, along a 1909 859 radius foot o~ ~
tile right, thrcugh a central engie of 6o~S,00,, (Cho'~-[ bears
S 34019,30'. N, 449.47 feet) an arc distance of 450 feet to StaEion
SC864+79.23;
~hence Southeasterly, along a 1909.8~9 foot radius curve to the
rlght through a central angle of 17o3S'10 (c~ord hears
S 21°01,39,, E, SS3.~0 feet) an arc distance of S8~.20 feet t:o a. point
in hhe South line of said
t]~ence I,T 89°35~16,, W, alon~ said South line, ~252.92 feet to the
B.L.N. t~e Monument marking the Lloyd B. ~aker PE/LS 698,
location for ~he Southwest corner of said
thence N 0~51,54, E, along the West line of said N'E~SE%~, 1318.~8
feet to the POINT OF ~ ~ .... ,
~ ~s~ ]~XCEPT any land contained in Warranty D
ee~ recorded All:2tlp3 ti S,
~.927 in Book !5 of Deeds on page 102 of the records ef the Lincoln
County Clerk.
LESS AND ~XCEPT any land contained ir~ Warranty~Deed recorded ~pri! 10,
1974 in ~ook IlIPN en page 2{6 of the records of the Lincoln County
C 1 e
11 ,/tO 1