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HomeMy WebLinkAbout89837730435 898377 RECEIVED L1NCOLN COLINTY CLERK APR. 9 till t0:3 2 EAh]*' ,,, - .. Space Above This Line For Recording Data MORTGAGE DATE AND PARTIES. The date of this Mortgage (Security Instrument) is April 7, 2004. addresses are: MORTGAGOR: JOHN M. CAMINO PO BOX 1521 AFTON, Wyoming 83110 The parties and their LENDER: FIRST NATIONAL BANK - WEST Organized and existing under the laws of the United States of America 314 S Washington PO Box 1620 Afton, Wyoming 83110 TIN: 83-0162601 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 grants, bargains, conveys, mortgages and warrants to Lender, with the power of sale, the following described property: SEE ATTACHED EXHIBIT "A" The property is located in LINCOLN County at 247 NORTH WASHINGTON STREET, AFTON, Wyoming 83110. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, 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 Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $180,377.00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: A. Specific Debts. The folloWing debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 64003101, dated April 7, 2004, from ARGAYA LLC (Borrower) to Lender, with a loan amount of 8180,377.00, with an interest rate based on the then current index value as the promissory note prescribes and maturing on April 5, 2019. B. All Debts. All present and future debts from ARGAYA LLC to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in 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 debt for which a non-possessory, non-purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal, law governing securities. ARGAYA 'LLC . ~ Wyoming Mortgage Initial WYI4brandiemOO725200004363017040504Y 01996 Bankers Systems, Inc., St. Cloud, MN ~" ,'. ........ 012 C. S.']ms Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. PAYMENTS. Mort{la{lot aorees 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. B. PRIOR SECURITY INTERESTS. With re{lard to any other mortoaoe, deed of trust, security aflreement or other lien document that created a prior security interest or encumbrance on the Property, Morl§a{lor a{lrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mort{la{lot receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or a{lreement secured by the lien document without Lender's prior written consent. 6. CLAIMS AGAINST TITLE. Mort{lager will pay all taxes, assessments, liens, encumbrances, lease payments, {lround rents, utilities, and other char{les relatin{l to the Property when due. Lender may require Mort§a{lor to provide to Lender copies of all notices that such amounts are due and the receipts evidencin{l Mort{la{lor's payment. Mort{la{lot will defend title to the Property a{lainst any claims that would impair the lien of this Security Instrument. Mort{la{lot a{lrees to assi§n to Lender, as requested by Lender, any ri{lhts, claims or defenses Mort{la{lot may have a{lainst parties who supply labor or materials to maintain or improve the Property. 7. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of all or any part of the Property. This ricjht is subject to the restrictions imposed by federal law {lovernin§ the preemption of state due-on- sale laws, as applicable. 8. WARRANTIES AND REPRESENTATIONS. Mort{la{lot has the ri{iht and authority to enter into this Security Instrumenl. The execution and delivery of this Security Instrument will not violate any a{lreement {lovernin{l Mortga0or or to which Mor.t{la{lor is a party. 9. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mort0a§or will keep the Property in flood condition and make all repairs that are reasonably necessary. Mort{la{lot will not commit or allow any waste, impairment, or deterioration of the Property. Mort{la{lot will keep the Property free of noxious weeds and {tresses. Mort{la{lot a{lrees that the nature of the occupancy and use will not substantially chan{le without Lender's prior written consent. Mort{la§or will not permi! any chan{le in any license, restrictive covenant or easement without Lender's prior written consent. Mort{la{lor will notify Lender of all demands, proceedin{ls, claims, and actions a{lainst Mort{la{lot, and of any loss or dama{le to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mort{lager has the ri{iht to remove items of personal property comprisin{l 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 a{lreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mort{la{lor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's a{lents may, at Lender's option, enter the Prcperty at any reasonable time for the purpose of inspectin{l the Property. Lender will {live Mort{la{lor notice at the time of or before an inspection specifyin{l a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Mort{la{lor will in no way rely on Lender's inspection. 10. AUTHORITY TO PERFORM. If Mort§a{lor 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. Mort{laBor appoints Lender as attorney in fact to si{in Mortoa{lor's name or pay any amount necessary for performance. Lender's to perform for Mort{la{lot will not create an obli{lation to perform, and Lender's failure to perform will not preclude Lender from exercisin{l any of Lender's other ri{lhts 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, includin{l completion of the construction. ~. ASSIGNMENT OF LEASES AND RENTS. Mort{la{lot assigns, {lrants, bar{lains, conveys, mort{la{les and warrants to Lender as additional security all the ricjht, title and interest in the followin{l {Property). A. Existin{l or future leases, subleases, licenses, {luaranties and any other written or verbal a{lreements for the use and occupancy of the Property, includin{l but not limited to any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, includin{l but not limited to security deposits, minimum rents, percenta{le rents, additional rents, common area maintenance char{les, parkin{l char{les, real estate taxes, other applicable taxes, insurance premium contributions, liquidated dame§es foil§win§ default, cancellation 'premiums, "loss of rents" insurance, cjuest receipts, revenues, royalties, proceeds, bonuses, accounts, contract ri{lhts, 0eneral intan§ibles, and all ri{lhts and claims which Mort{la~or may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assi{lnment will also be re{larded as a security a{lreement. Mort{la{lot will promptly provide Lender with copies of the' Leases and will certify these Leases are true and correct copies. The existin0 Leases will be provided on execution of the Assi{lnment0 and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mort{la{lor may collect, receive, enjoy and use the Rents so Ion{l as Mort{la0or is not in default. Mort{la{lot will not collect in advance any Rents due in future lease periods, unless Mort{la{lot first obtains Lender's written consent. Upon default, Mort{lager will receive any Rents in trust for Lender and Mort0a§or will not commin§le the Rents with any other funds. When Lender so directs, Mort§agor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of mane{lin{l, protecting and preservin{l the Property, and other necessary expenses. Mortoa§or a§rees that this Security Instrument is immediately effective between Mortga§or ARGAYA LLC Wyoming Mortgage WYI4brandiemO0725200004363017040504Y 01996 Bankers Systems, Inc., St. Cloud, MN ~" and Lender. This Security Instrument Will remain effective during any statutory redemption period until the Secured Debts are satisfied. Unless otherwise prohibited or prescribed by state law, Mortgagor agrees that Lender 'may take actual possession of the Property without the necessity of commencing any legal action or proceeding. Mortgagor agrees that actual possession of the Property is deemed to occur when Lender notifies Mortgagor of Mortgagor's default and demands that Mortgagor and Mortgagor's tenants pay all Rents due or to become due directly to Lender. Immediately after Lender gives Mortgagor the notice of default, Mortgagor agrees that either Lender or Mortgagor may immediately notify the tenants and demand that all future Rents be paid directly to Lender. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 12. DEFAULT. Mortgagor will be in default if any of the following occur: A. Payments. Mortgagor or Borrower fail to make a payment in full when due. B. Insolvency. Mortgagor makes an assignment for the benefit of creditors or becomes insolvent, either because Mortgagor's liabilities exceed Mortgagor's assets or Mortgagor is unable to pay Mortgagor's debts as they become due. C. Death or Incompetency. Mortgagor dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other transaction document. 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. The value of the Property declines or is impaired. M, Insecurity. Lender reasonably believes that Lender is insecure. 13. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining 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 a 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 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 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. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument. Mortgagor agrees to pay expenses for Lender to inspect 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 at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent permitted by ARGAYA LLC Wyoming Mortgage WYI4brandiemOO7252OOOO4363017040504Y e1996 Bankers Systems, Inc., St. Cloud, MN F_x'j~~ _.. 015 the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attornevs' fees Lender incurs to collect the SecUred Debts as awarded by any court exercising iurisdiction under the Bankruptcy Code. 15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (ll Environmental Law means, without limitation, the Compr~hensiw Environmental ~esponse, Compensation and Liability Act (CE~CLA, 42 U.S.C. 9~01 et seq.i, all other federal, stat~ and local laws, tabulations, ordinances, court orders, attorney a~neral opinions or interpratiw letters concarnin~ the public health, safaW, welfare, environment or a hazardous substance; and (21 Hazardous Substance mean~ any toxic, radioacfiw or hazardous material, waste, pollutam or contaminant which has characteristics which r~nder the substance dangerous or potentially danaerous to th~ public health, safety, welfare or environment. Tho term includes, without limitation, any substances defined as "hazardous material," "toxic substanco," "hazardous waste," "hazardous substance," or I're~ulated 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 preperty; 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 Mortgager'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 Mortgager's obligations under this section at Mortgager's expense. 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 secured by this Security Instrument 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. 16. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgager'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 ~nd will be applied as provided in this S~curity Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 17. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the Property. Mortgagor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. ARGAYA LLC Wyoming Mortgage ' WY/4brandiemOO72520OOO4363017040504Y ©1996 Bankers Systems, Inc., St. Cloud, MN All insurance policies and renewals will include a standard "mortgage clause" and, wh~--app~;[)t~ "loss payee clause." If required by Lender, Mortgagor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing,) Mortgagor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Mortgagor will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails to keep the Property insured Lender may obtain insurance to protect Lender's interest in the Property. This insurance may include coverages not originally required of Mortgagor, may be written by a company other than one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance. 18. ESCROW FOR TAXES AND INSURANCE. As provided in a separate agreement, Mortgagor agrees, to pay to Lender funds for taxes and insurance in escrow. 19. CO-SIGNERS. If Mortgagor signs this Security Instrument but does not sign the Secured Debts, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debts and Mortgagor does not agree to be personally liable on the Secured Debts. 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. 2.0. WAIVERs. Except to the extent prohibited by law, Mortgagor waives all homestead exemption rights relating to the Property. 21. APPLICABLE LAW. This Security Instrument is governed by the laws of Wyoming, except to the extent otherwise required by 'the laws of the jurisdiction where the Property is located, and the United States of America. 22. 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. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 23. 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 is 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. 24. 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. 25. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. '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 AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed to be notice to all parties. Mortgagor will inform Lender in writing of any change in Mortgagor's name, address or other application information. Mortgagor will provide Lender any financial statements or information Lender requests. All financial statements and information Mortgagor gives Lender will be correct and complete. 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, 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: JOI~N M, CAMINO Individually LENDER: First National Bank - West 'Don Staley, Afton~'t.-O-~n Officer ARGAYA LLC Wyoming Mortgage Initials WYI4brandiemOO7252OOOO4363017040504Y ©1996 Bankers Systems, Inc., St. Cloud, MN ~x~-'~" Page 5 ACKNOWLEDGMENT. (Individual) This instrument was acknowledged before me this ~ day of JOHN M. CAMINO . MY c°mmissi°n expires: *~7-~' ~/ ~'3~T') ~..~r~, ~/~ ~) ~ ...... (Notary Public) DONALD S STALE,~i~Notary Public '~'~ Counly of Lincoln ~ Wyoming II My Commission Expires February 9, 2005 SS. by (Lender Acknowledgment) This instrument was acknowledged before me this ~,H~ day of Don Staley as Alton Loan Officer of First Nationa Bank - West. My commission expires: ~.h SS. , ~Cx"3 ~ by ARGAYA LLC Wyoming Mortgage WY/4brandiemO07252OO004363017040504Y e1996 Bankers Systems, Inc., St. Cloud, MN Initia[/~ ~ /~age 6 EXHIBIT "A" · That part of the S W1/4SW 1/4 of Section 19, T32N, R ll 8W of the 6th P.M., Lincoln County, Wyoming, within the North Afton Annexation to the Town oration, Wyoming, it being the intent to redescribe that tract of record in the office of the Clerk of Lincoln County in Book 278 P.R. on Page 147, as follows' Beginning at the intersection of the south line of said S W 1/4S W1/4 with the east right of way line of U.S. Highway 89, S89°25.9'E, 50.54 feet from the southwest corner of said SW1/4SW1/4, found as described in the Certified Land Corner Recordation Certificate filed in said Office; thence continuing S89°25.9'E, 299.31 feet, along said south line, to a point on the east line of said Annexation; thence N00°14.6'W, 220 feet, along said east line, to a bathey; thence N89°25.9'W, 299.15 feet, to a bathey on said east right of way line; thence S00°12. I'E, 220 feet, along said east right of way line, to the point of beginning. STEWART TITLE GUARANTY COMPANY Commitment - Schedule A Page 2 of 2