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HomeMy WebLinkAbout895391Recording requested by: Wells Fargo Bank, N.A. Whe. recorded ,o:' 8 9 5 3 9 i Wells Fargo Bank, N.A. P. O. BOX 31557 .- BILLINGS, MT 59103 DOCUMEN T MANAGEMENT B00K.__~'~ PR PAG~ 017 RECEIVED Ll!qCOl..f',J COUr.,JTY CLERK 03 !-!nV !9 ~t-'! I0:2 r:, J E A N t',~ E W,,,:~, 6 N E R 1. 'State of Wyonflng- · · Space Above Tlds Line Fol' Recording Data- REFERENCE #: 20032393000612 ACCOUNT #: 0654-654-9326489- 1998 MORTGAGE ~O')~ (With Future Advance Chmse) DATE AND PARTIES. The date of this Mortgage ("Security Instrument") is 09 / 18 / 2003 and the parties, their addresses and tax identification numbers, if reqnired, are as follows: MORTGAGOR: HUDSON L. ENGLAND AND CAROL ENGLAND, HUSBAND AND WIFE, TENANTS BY THE ENTIRETIES AS [] If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors their signatures and acknowledgments. LENDER: Wells Fargo Bank, lq.A. P. 0. BOX 3155-/ BILLINGS, MT 59103 CONVEYANCE. For good and valuable consideration, the receipt and sUfficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys, mortgages and warrants to Lender, with power of sale, the following described property: SEE EXHIBII 'A' The property is located in L I NCOLN at: (Cotmty) 903 LANCASTER LN HW 143 SMOOT, WY 83126 and parcel nmnber of 311924300522.00 & . 01 together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now or at any time in the fi~ture be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ 30,000.00 . This limitation of amount does not include interest and other fees and charges validly made 'pursuant to this Security Instrument. Also, tiffs limitation does not applyrto advances made under the terms of this Security hlstmment to protect Lender's security and to perform any of the covenants contained in this Security Instnunent. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secnred Debt" is defined as follows: A. Debt incurred under the terms of the pronfissory note, revolving line of credit, contract, guaranty or other evidence of debt dated 09 / 18 / 2003 together with all amendments, extensions, modifications and renewals, and having a maturity date of 09 / 18 / 2043 B. All fimtre advances from Lender to Mortgagor under such evidence of debt. All fimtre advances are secured as if made on the date of this Secnrity Insmtment. Nothing in this Secnrity Agreement shall constitute a commitment to make additional or future loans or advances wlfich exceed tim amoun~ shown ~n Section 3. Any'snch comm~tnmnt must bc agreed to h~ ~ separate writing. C. AH sums advanced and expenses ~ncurmd by Lender for ~nsufing, prese~ng, or oflmnvise pm~ecfing fi~ Pmpe~ ~nd ~s va~ue and ~ny other sums advanced ~nd exp~nses ~ncurmd by Lender under the temps of t~s Security Instrument, 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt ~vill be paid when due and in accordance with the terms of the Secured Debt and this Securi~ Instrument 6. PIHOR SECU~TY INTE~STS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on fl~e Propeay, Moflgagor agrees: A. To m~e all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any uotices that Mortgagor receives from the holder. C. Not to allow any niodificafion or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior xvritten consent. 7. CLAIMS AGAINST TITLE. Moflgagor will pay all taxes, assessments, liens, encumbrances, lease paymeuts, 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 Properly against any claims that would impair the lien of the Security Instrument Mo~gagor agrees to assign to Lender, as requested by Lender, any rights, claims or defense~ Moflgagor may have against parties who supply labor or materials to maintain or improve the Property. 8. DUE ON SALE OR ENCUMB~NCE. Upon sale, transfer, h~othecation, assignment or encumbrance, whether volunta~, involunta~, or by operatiou of law, of all or any part of the Properly or any interest therein, then at its sole option, Lender may, by written notice to Mortgagor, declare all obligatious secured hereby immediately due and payable, except to the extent that such acceleration for and in such particular circumstances where exercise of such a right by Lender is prohibited by laW: 9. PROPERTY CONDITION, ALTE~TIONS AND ~SPECTION. Mortgagor will keep the Property in good condition and ~nake all repairs that are reasonably uecessa~. Mortgagor shall 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. Moflgagor will noti~ 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 Lender's option, enter the Prope~, at any reasonable time for the purpose of inspecting the Property. Lender shall give Moflgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspectiou of the Proper~ shall be entirely for Lender's benefit aud Mortgagor will in no way rely on Lender's inspection. 10. AUTHO~TY TO PE~O~. If Mortgagor fails to perform any duB' 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 necessa~ for performance. Lender's right to perform for Moflgagor shall 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. ~ any construction on the Property is discontiuued or not carried on m a reasonable manner, Lender ~nay t~e all steps necessa~ to protect Lender's security interest in the ProperS, including completion of the construction. 11. ASSIGNMENT OF LEASES AND ~NTS. Mortgagor irrevocably grants, bargains, conveys, moflgages and warrants to Lender as additional security all lhe right, title and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any poflion of the Property, including any extensions, renewals, ~modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mo~gagor will promptly provide Lender with tree and correct copies of all existing and future Leases. Mo~lgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Iustmment. Moflgagor agrees that this assignment is immediately effective between the paflies to this Security Instrument. Mortgagor agrees that this assignment is effective as to third parties wheu Lender t~es affirmative action prescribed by law, and that this assignment will remain in effect during any redemption period until the Secured Debt is satisfied. Moflgagor agrees that Lender may lake actual possession of the property without the necessity of commencing legal action and that actual possession is deemed to occnr when Lender, or its agent, notifies Mortgagor of default and demands that any tenant pay all fi~ture Rents directly to Lender. On receiviug notice of default, Moflgagor will endorse and deliver to Lender any paymeut of Rents in Moflgagor's possession and will receive any Rents in trust for Lender and will not commiuglc the Renls with any other funds. Any amounts collected will be applied as provided in tlfis Security Instm~nent. Moflgagor warrants that no default exists under the Leases or any applicable landlorWtcnant law. Mortgagor also agrees to maintain and require any tenant to co~nply with the terms of the Leases and applicable law. 12. LEASEHOLDS; CONDOMIN~MS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Securily Instrument is on a leasehold. If the property is a unit in a Condominium Project or is pa~ of a Planned Unit Development ("P~"), Moflgagor agrees to the following: A. Obligations. Mortgagor shall perform all of Mortgagor's obligations under th~_C0nsti'ment Documents. The "Constituent Documents" are thel (i) Declaration or any other document which creates the Condominium Projects or PUD and any homeowners association or equivalent entity ("Owners Association')~ (ii) by-laws~ (iii) code of regulations~ and (iv) other equivalent documents. Mortgagor shall promptly pay, when due, all dues and assessinents i~nposed pursuant to the Constituent Docmnents. B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominimn Project or PUD which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within the term "extended coverage," fl~en Mortgagor's obligation under Section 19 to maintain hazard insurance coverage on the Property is deemed satisfied to tl~e extent that the required coverage is provided by the Owner's Association policy. Mortgagor shall give Lender prompt notice of any lapse in required hazard insurance coverage. In the event of a distribution of hazard insuraace proceeds in lieu of restoration or repair followiug a loss to Property, whether to the unit or to common elements, any proceeds payable to Mortgagor are hereby assigned and shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess paid to Mortgagor. C. Flood Insurance. Mortgagor agrees to maintain flood insurance for the life of the Secured Debt which is acceptable, as to form, amount and extent of coverage to Lender. D. Public Liability Insurance. Mortgagor shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. E. Condemnation. The proceeds of any award or claim for dmnages, direct or consequential, payable to Mortgagor in connection with any condmnnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 18. F. Lender's Prior Consent. Mortgagor shall not, except after notice to Lender and with Lender's prior written consent, either partition or snbdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project or PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Docmnents if the provision is for the express benefit of Lender; (iii) termination of professional management and assnmption of self- management by the Owners Association; or (iv) any action wbich would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. G. Remedies. If Mortgagor does not pay condominium or PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this section shall become additional debt of Mortgagor secured by this Security Instrument. Unless Mortgagor and Lender agree to other terms of payment, these mnounts shall bear interest from the date of disbursement at the Secured Debt rate and shall be payable, with interest, upon notice from Lender to Mortgagor requesting payment. 13. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to 'make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 14. REMEDIES ON DEFAULT. In so,ne instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if auy, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. Iu addition, Lender shall be~entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, including without limitation, the power to sell the Properly. All remedies are distinct, cumulative and not exclusive, and the 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 Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it contim~es or happens again. 15. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in fidl at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, etfforcing or protecting Lenders' rights and remedies under this Security Instrument. This EQI50C (06/?~"'~: :::7~2' ~T .... ::: ---~q·, amount may include, but is not limited to, attorneys' fees, cour~ cOStS, and other legal expenses...This amount does not include attorneys' fees for a salaried employee of the Lender. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Enviromnental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and 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 substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents; warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will.be located, stored or released on or in the Property. This restriction does not apply to s~nall quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and xnaintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have beeu, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the 'Property. In such an event, Morlgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall i~nmediately 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 any Hazardous Substance or the violation of any Environmental Law. 17. 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, enfinent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor' 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 condenmation or other taking of all or any part of the Property. Such proceeds shall be cousidered 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. 18. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated With the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender ~nay, at Lender's option, obtain coverage to protect Lender's rights in tile Property according to tile terms of this Security Instnunent. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premimns and renewal nolices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not nmde ilnmediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 19. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required topay to Lender funds for taxes and insurance in escrow. 20. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender npon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sigu, 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 Lender's lien status on the Property. 21..JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor · does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. 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 tile terms of this Security Instrument. The duties and benefits of this Securily l~L$irulnent shall bind and benefit the successors and assigns of Mortgagor and Lender. 22. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Iustrument is governed by the laws of the jurisdiction in which the Property is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fiflly integrated. This Security Instrmnent ~nay not be amended of modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrulnent. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrmnent are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. In the eveut any section of this Security Instrument directly cmfflicts with any section of a certain Home Equity Closing Handbook which contains the Account Agreement Terms and Conditions (as applicable), Fixed l~te Note Terms and Conditions (as applicable), the Arbitration Agreement, and the Agreement to Provide Flood/Property Insurance, all of which I agree to by signing this Security Instrument, the terms of the Home Equity Closing Handbook shall control. 23. NOTICE. Unless othenvise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or as shown in Lender's records, or to any other address designated in writing. 24. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right regarding the ~narshalling of liens and assets, and hereby releasing and waiving all rights under and by virtue of the homestead exmnption laws of this state. 25. OTHER TERMS. If checked, the following are applicable to this Security Instru~nent: Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ~ Fixture Filing. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the fi, ure and that are or will become fixtures relates to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ~-TT} Additional Terms. 26. RIDERS. If checked, the following are applicable to this Security Instrument. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. ~ Tliird Party Rider ~ Leasehold Rider ~ Other SIGNATURES: By signing below, Mortgagor agrees to the terlns and covenants contained in this Security Instrument and in any attaclunents. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. CAROL ENGLAND Mortgagor Mortgagor / ~)ate Mortgagor Date Mortgagor Date Mortgagor EQISOE Mortgagor Date Date 022 ACKNOWLEDGMENT: (IndMdual) , ] x STATE OF ~{ ~) q4 The foregoing instrument was acknowledged before me by thi~ /S' d~y of 5-¢, ~-t- , Y,~o3 My CommOn E.xplre~ Mard~ 29, 2005 My Commission Expires: (Seal) ACKNOWLEDGMENT: (IndMdual) STATE OF The foregoing instrument was acknowledged before me by this [~ dayof -.,~ ~-/~_ (Signatm orOtund0 ' ~ U (Title o[ OllJc~r) , ~o0 7 County of ~ State of Lincoln ~- Wyoming (Seal) EQ150F (06/7; 023 EXHIBIT "A" LEGAL DESCRIPTION: T RACT A - REVISED TO-WIT: -- TIIAT PART OF TIlE W 1/2 SW 114 OF SECTION 24, T3 IN, RI 19W, LINCOLN COUNTY, WYOMING. BEING PART OF THAT TRACT OF RECORD IN THE OFFICE OF THE CLER. K OF LINCOLN COUNTY IN BOOK 106 OF PHOTOSTATIC RECORDS ON PAGE 424, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTllWEST CORNER OF SAID SECTION 2,1, FOUND AS DESCRIBED IN TIlE CORNER RECORD FILED IN SAID OFFICE; TI IENCE N 89 DEGREES - 57 MINUTES - 59 SECONDS E. 1323.60 FEET, ALONG TIlE SOUTH LINE OF SAID W 1/2 SW t/4, TO TltE SOUTI1EAST CORNER THEREOF; THENCE N 00 DEGREES - 07 MINUTES - 03 SECONDS E, 370.00 FEET, ALONG TIlE EAST LINE OF SAID W 1/2 SW 1/4, TO TIlE SOUTIiEAST POINT OF TI IAT TRACT OF I~ECOIU3 IN SAID OFFICE IN BOOK 290 OF PHOTOSTATIC RECORDS ON PAGE 92; TIIENCE N 76 DEGREES ~ ,10 MINUTES - 23 SECONDS W, g0.0g FEET TO A POINT; TI IENCE N 36 DEGREES - 24 MINUTES - 48 SECONDS W, 119.55 FEET TO A POINT; THENCE N 21 DEGREES - 09 MINUTES - 52 SECONDS W, 102.42 FEET TO A POINT; THENCE N 02 DEGREES - 3g MINUTES -05 SECONDS E. 1 I 1.61 FEET TO A POINT; TI IENCE N 37 DEGREES - 28 MINUTES - 32 SECONDS E, 149.93 FEET TO A POINT; THENCE N 05 DEGREES - 40 MINUTES - 06 SECONDS E, 71.77 FEET TO A POINT; THENCE S gg DEGREES - Ig MINUTES - 51 SECONDS E, g3.5t FEET TO A POINT ON TIlE EAST LINE OF SAID W 1/2 SW 1/4; TllENCE N 00 DEGREES - 07 MINUTES - 03 SECONDS E, 61.95 FEET, ALONG SAID EAST LINE, TO 'A POINT; TltENCE N 8g DEGREES - 47 MINUTES 37 SECONDS W, 191.13 FEET TO A POINT; THENCE N 25 DEGREES- 03 MINUTES - 03 SECONDS W, 45.30 FEET TO A POINT; 'THENCE N 21 DEGREES - 22 MINUTES - 09 SECONDS W, 164.12 FEET TO A POINT; THENCE N 53 DEGREES - 50 MINUTES - 02 SECONDS W, 75.94 FEET TO A POINT; TIIENCE N 70 DEGREES - 44 MINUTES - 31 SECONDS W, 105.14 FEET TO A POINT; TIIENCE N 52 DEGREES - 57 IvliNUTES - 45 SECONDS W. g6.00 FEET TO A POINT; THENCE N 42 DEGREES - 29 MINUTES - 48 SECONDS W. 262.66 FEET TO A POINT; TI1ENCE N 85 DEGREES - 01 MINUTE - 04 SECONDS W, 60.99 FEET TO A POINT; TltENCE N 76 DEGREES - 14 MINUTES - 16 SECONDS W, 244.98 FEET TO A POINT; THENCE N 50 DEGREES - 53 MINUTES - 33 SECONDS W, 16.3.35 FEET TO A PoiNT; T11ENCE N 31 DEGREES - 41 MINUTES - 13 SECONDS W, 102.08 FEET TO A POINT; THENCE N 53 DEGRJ:~ES - 04 MINUTES - 22 SECONDS W, 102.38 FEET TO A POINT; TIIENCE N 16 DEGREES - 30 IvIINUTES - 28 SECONDS W. 12g.53 FEET TO A POINT; 024 CORNER OF BEGINNING; ENCOMPASSING AN AREA OF 40.21 ACRES, MORE OR LESS. THE BASE BEARING FOR THIS SURVEY IS THE NORTH LINE OF THE W 1/2 SW 1/4 OF SAID SECTION 24, BEING S 89 DEGREES - 47 MINUTES - 42 SECONDS W; EACH "POINT" MARKED BY A 5/8 INCIt X 24 INCH STEEL REINFORCING ROD WITH A 2 INCIt ALUMINUM CAP INSCRIBED "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 5368", WITIt APPROPRIATE DETAILS; ALL IN ACCORDANCE WITH THE PLAT PREPARED TO BE FILED IN TIIE OFFICE OF THE CLERK OF LINCOLN COUNTY TI'I~,ED "IVAN S. JOI:INS AND BILL R. JOHNS PLAT OF TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE W 1/2 SW [/4 SECTION 24 T31N RI 19W LINCOLN COUNTY, WYOIvIING", DATED 26 APRIL 1995 AND REVISED 13 JUNE 1995. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD. IF ANY.