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HomeMy WebLinkAbout898608RECORDING REQUESTED BY: John Bowers Bowers & Associates Law Office P.C. 106 Hospital Lane Posl Office Box 1550 Alton, Wyoming 83110-1550 898608 RECEIVED LINCOLN COUNTY CLERK WHEN RECORDED MAIL,I' ANNE PO Box 412 - - Alton, Wyoming 83110 AFFIDAVIT OF SUCCESSOR TRUSTEIF STATE OF WYOMING ) ) SS: COUNTY OF LINCOLN ) LADEEN ASTLE, being duly sworn, deposes and says: That KENNETH ASTLE (also known as KENNETH NIELD ASTLE) and LADEEN ASTLE (also known as MARY LADEEN ASTLE) of Alton, Wyoming, created the KEN AND LADEEN ASTLE LIVING TRUST dated June 17, 1998, and any amendments thereto; and KENNETH ASTLE and LADEEN ASTLE were named in said trust as the initial Trustees. That KENNETH ASTLE died on December 19, 2003. See attached Certified Death Certificate. That the following powers are conferred upon the successor Trustee: See attached Article Seventeen from said trust regarding Trustee's Administrative and Investment Powers. That there is real property owned by this Trust situated in the County of Lincoln, State of Wyoming, and the descriptions of said property is set forth as follows: (a) That part of Section 25, T32N R119W of the 6~h P.M., Lincoln County, Wyoming described on Exhibit A (attached) prepared by Marlowe A. Scherbel entitled "Description for Ken and LaDeen Astle Living Trust, dated 17 June 1998, Astle Tract" dated January 29, 2003. Page 1 of 2 5. That said instrument provides for the appointment of LADEEN ASTLE as successor Trustee of the trust, said successor Trustee hereby files this certificate and accepts the trusteeship of said trust. STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) On this day of ~ ~ ,2004, before me, a notary public, personally appeared LADEEN ASTLE, pe~'sonally known to me (or proved to me on the basis of satisfactory evidence), to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by.her signature on the instrument, the person or entity upon behalf of which person acted, executed the instrument. NOTARY PUBLIC 0 ',, My Commission Ex ii~s ~ ' Page 2 of 2 .:OF IDA ,RTMENT O'F HEALTH AND POLiC~'/AND'VITAL Stalq o[ldaho i : :' "[ r~ IFICATE OF DEATH [] u,k~.,.' _ Ha ry od William Astle ~ ~:~' ~-"i~ ' :":~..:~. Alton Cemete'ry -" - Buck-Hiller=Harm Funeral Home Wyoming- 825 East 17th Street Idaho Falls, Idaho 8340~ M- 676 ~:~"~-ovi~ P~CE OF .... ho Falls 83604 ,,r '. i. 3 M6479.,.- ' with the: displ~ging stat, ~l..-rH ~Ot. ICY ANi STATISTI~ , =, ~,:::': :,::i~:?:- ~. ~::,, Article Seventeen Our Trustee's Administrative and Investment Powers 639 Section 1. Introduction to Trustee's Powers Except as otheiwise provided ill this agreement, our Trustee shall have both the administrative aud investment powers enumerated under this Article and any other powers granted by law with respect to the various trusts created by this agreement. Section 2. Powers to Be Exercised in the Best Interests of the Beneficiaries& Our Trustee shall exercise the following 'administrative aud iuvestment powers without the order of any court, as our Trustee determines .tn its sole and absolute discretion to be in the best interests of.the beneficiaries. Notwithstanding anything to the contraly iii this agreement, our Trustee shall not exercise any power in a manner inconsistent with the beneficiaries' right to the beneficial enjoyment of the trust property in accordance with the general principles of the law of trusts. Section 3. Administrative and Investment Powers Onr Trustee is hereby granted the following administrative and investment powers: a, Agricultural Powers Our Trustee may retain, sell, acquire, and continue an,! farm or ranching operation whether as a sole proprietorship, partl~ership, or corporation. 17-1 It may engage in the production, harvesting, and marketing of both farm and ranc]l proclucts either by operating directly or witli nmnagement agencies, hired labor, tenants, or sharecroppers. It may engage and participate iii any government farm program, whether state or federally sponsored. It may purchase or rent machinery, equipment, livestock, poulhy, feed, and seed. It may improve and repair all farm and ranch properties; construct buildings, fences, and drainage facilities; acquire, retain, improve, and dispose of wells, water rights, ditch rights, and prior/ties of any nature. - Our Trustee may~ in general, do all things custolnaly or desirable to operate a farm or ranch operation for tile benefit of the beneficia- ries of the various trusts created under this agreement. 4'0 b. Business Powers Our Trustee inay retain and continue any business in which one or both of us have or had an interest as a shareholder, partner, sole proprietor, or as a participant in a joint venture, even though that interest may constitute all or a substantial portion of the trust properS. It may directly participate ill tile conduct of any such business or employ others to do so oil behalf of the beneficiaries. It may execute partnership agreelnents, buy-sell agreements, and any amendnlents to them. It may participate in the incorporation of ally trust property; any corporate reorganization, merger, consolidation, recapitalization, liquidation, dissolution; or any stock redemption or cross purchase buy-sell agreement. It may hold tile stock of any corporat/on as trust property, and may elect or employ directors, officers, employees, and agents and compensate them for their selvices. 17-2 I ~It may sell or liquidate any business iuterest that is part ,of the trust property. It lnay cany out the provisions of any agreement eutered into by one or both of us for the sale of any business interest or the stock thereof. Our Trustee may exercise all of the business powers granted iii this agreement regardless of whether our Trnstee is personally interested or an involved party with respect to any bnsiness enterprise forming a part of the trust property. c. EnVironnrental Powers Our Trustee shall have the power to inspect any trust property to determine compliance with any enviromnental law affecting such property or to respond to any environmental laTM affecting property held by our Trustee. "Enviromnental Law" shall mean any federal, state, or local law, rule, regulation, or ordinance relating to protec- tion of the enviromnent or of hmnan health. Our Trustee shall have the power to refuse to accept property if our Trustee determines that there is a substantial risk that such property is contaniinated by any hazardo'us substance or has previously, or is cnrrently, being used for any activities directly or indirectly involving hazardous substances which could result iii liability to the trust assets. "Hazardous'substauce" shall mean any substance defined as hazardous or toxic by any federal, state, or local law, rule, regulation, or ordinance. Our Trustee sb, all have the 'power to take any necessaly action to prevent, abate, clean up or otlierwise respond to any actual or threatened violation of any enviromnental law affecting trust property prior to or after the initiation or enforcement of any action by any governmental body. Our Trustee lnay disclaim or release any power granted to it or implied by any docunlent, statute, or rule of law which the Trustee determines may cause the Trustee to incur liability under any environmental law. 17-3 Our Trustee may charge the cost of any inspection, review, preven- tion, abatement, response, cleanup, or renledial action autholSzed uilder this power against the trust property. Our Trustee shall not be liable to any beneficiaiy or to any other party for any decrease in value of tile trust property by reason of our Trustee's compliance with any environmental law, specifically including any reporting requirement under such law. 642 d. Common Fund Powers Fol' the purpose of convenience with regard to the administration and investment of the trust property, our Trustee may hold the several trusts created under this agreement as a common fired. Our Trustee may make joint investmeuts with respect to the funds comprising tile trust property. Our Trustee may enter into any transaction authorized by this Article with fiduciaries of other trusts or estates in which any beneficialy hereunder has an interest, even though such fiduciaries are also Trustees under this agreement. e. Compensation Powers Onr Trustee shall pa3, fi'om income or principal all of the reasonable expenses attributable to the administration of the respective trusts created in this agreement. Our Trustee shall pay itself reasonable compensation for its ser,,ices as fiduciary as provided iii this agreement, and shall reasonably compensate those persons employed by our Trustee, including agents, auditors, accountants, and attorneys. f. Distribution Powers Onr Trustee is specifically authorized to lnake divisions and distributions of the trust property either in cash or in kind, or partly iii cash and partly iii kind, or iii any proportion it deems advisable. 17-4 It shall be under no obligation or responsibility to make pro rata divisions and distributions in kind. Our Trustee may allocate specific property to any beneficialy or share although the property lnay differ iii k/nd from the property allocated to any other beneficialy or share. The foregoing powers/nay be exercised regardless of the income tax basis of any of the property, g. Funeral and Burial Expenses Om- Trustee may iii its sole discretion pay the funeral and bnrial expenses, expenses of the last illness, and valid Claims and expenses of an income beneficiary of any trust created under this agreement. Funeral and burial expenses shall include, but not be limited to, the cost of memorials of all types and memorial services of such kind as our Trustee shall approve. Valid claims and expenses shall include, but not be limited to, all state and federal death taxes. The payments shall be paid fi'om the assets of the trust or trusts from which the beneficiaiy was receiving income. h. Income and Principal Powers Our Trustee may determine iii a fair, equitable, and practical manner how all Trustee's fees, disbursements, receipts, and wasting assets shall be credited, charged, or apportioned between principal and income. Our Trustee may set aside from trust income reasonable reserves for taxes, assessments, insurance prenfiums, repairs, depreciation, obsolescence, depletion, and for the equalization of payments to or for the beneficiaries; it ma3, select any and all accounting periods with regard to the trust property. 17-5 i. Investment Powers ill General Onr Trustee may invest and reinvest in such classes of stocks, bonds, securities, connnodities, options, metals, or other property, real or personal, as it shall determine. It may invest m investment trusts as well as in common trust funds. It may purchase life, annuity, accident, sickness, and medical insurance on the behalf of and for the benefit of any trust beneficia- ry. j. Life Insurance Powers Our Trustee shall have the powers with regard to life insurance as set forth in this Paragraph j, except as otherwise provided in this agreement. Our Trustee may purchase, accept, hold, and deal with as owner policies of insurance on our individual or joint lives, the life of any trust beneficialy, or. on the life of any person ill whom any trust beneficiary has an insurable interest. Our Trustee shall have tile power to execute or cancel any automatic premium loan agreement with respect to ally policy, and shall have the power to elect or cancel any automatic premium loan provision in a life insurance policy. Our Trustee may borrow money with which to pay premiums due on any policy either fi'om the company issuing the policy or fi'om any other source and may assign any such policy as security for the loan. Our Trustee shall liave tile power to exercise ally opt/on contained in a policy w/th regard to ally dividend or share of surplus appof tioned to the policy, to reduce tile amount of a policy or convert or exchange the policy, or to surrender a policy at any time for its cash value. Our Trustee may elect any paid-up insurance or any extended_telm insurance nonforfeiture option contained in a policy. 17-6 Our Trustee shall have the power to sell pol/c/es at their fair market value to the insured or to anyone having an insurable interest iu the policies. Our Trustee shall have the right to exercise any other right, option, or benefit contained in a policy or permitted by the insurance company issuing that policy. Upon termination of any trust created under this agreement, our Trustee shall have the power to transfer and assign the policies held by the trust as a distribution of trust property. k. Loan, Borrowing, and Encumbrance Powers Our TrUstee may loan money to any person, including a beneficialy, with or without interest, on any term or on demand, w/th or without collateral, as it deelns in the best iuterests of the trust beneficmries. It may borrow money upon such terms and conditions as it shall deem advisable, including, in the case of a corporate fiducialy, the power to borrow fi'om its own banking or commercial department. It shall have the power to obligate the trust property for the repayment of any sums borrowed where the best interes, ts of the beneficiaries have been taken into consideration. Our Trustee shall have the power to encumber the trust property, in whole or in part, by a mortgage or mortgages, deeds of trust, or by pledge, hypothecation or otherwise, even though such encumbrance may continue to be effective after the term of any trust or trusts created in this agreement. 1. Margin, Brokerage, and Bank Account Powers Our Trustee is authorized to buy, sell, and trade in securities of any nature, inch~ding short sales and on margin. Our Trustee may main- tain and operate margin accounts w/th brokers, and may pledge any securities held or purchased by our Trustee with such brokers as securities for loans and advances made to our Trustee. Our Trustee is author/zed to establish and maintain bank accounts of all types in one or more banking institutions that our Trustee may choose. 17-7 m~ Mortgage Powers Our Trustee shall have the power to enter into any mortgage whether as a mortgagee or mortgagor, to purchase mortgages on the open market, and to otherwise buy, sell, or trade in first ,or subordi- nat e mortgages. It may reduce the interest rate on an), mortgage and consent to the modification or release of any guaranty of any mortgage. Our Trustee may continue mortgages upon and after maturity with or without renewal or extension, and may foreclose any mortgage. It may purchase the ~nortgaged property or acquire it by deed from the mortgagor Mthout foreclosure. n. Nominee Powers Our Trustee may hold any trust property in the name of our Trustee, or iii the name of a nominee, and may enter into agreements to facilitate holding such property. It may accomplish such with or without disclosing its fiduciary capacity. o. Nonproductive Property OUr Trustee may hold property which is non-income producing or is othmwise nonproductive if the holding of such property is, in the sole and absolute discretion of our Trustee, in the best interests of the beneficiaries. p. Oil, Gas, Coal, and Other Mineral Powers Our Trustee may do all things necessary to maintain in full force and effect any oil, gas, coal, or other mineral interests comprising part or all of the trust property. It may purchase additional oil, gas, coal, and other mineral interests when necessaiy or desirable to effect a reasonable plan of operation or development with regard to the trust property. 17-8 It may buy or sell undivided interests in oil, gas, coal, and other mineral interests, and may exchange any of such interests for interests in other properties or for se~x, ices. It ~n'ay execute oil, gas, coal, and other mineral leases on such terms as our Trustee may deem proper, and may enter into pooling, unitization, repressurization, and other types of agreements relating to the development, operation, and conservation of mineral proper- ties. Any lease or other agreement may have a duration that our Trustee deems reasonable, even though extending beyond the duration of ally trust created in this agreement. It may execute division orders, transfer orders, releases, assignments, farmouts, and any other instruments which it deems proper. It may drill, test, explore, mine, develop, and otherwise exploit any and all oil, gas, coal, and other mineral interests, and may select, employ, utilize, or participate in any business form, including partnerships, joint ventures, co-owners' groups, syndicates, and corporations, for the purpose of acquiring, holding, exploiting, developing, operating, or disposing of oil, gas, coal, and other mineral interests. It may employ tile services of consultants or outside specialists in connection with the evalu ation, management, acquisition, di:;position, or development of any mineral interest, and may pay tile cost of such services fi'om the principal or income of the trust property. Our Trustee may use tile general assets of the trusts created under this agreement for the purposes of acquiring, holding, managing, developing, pooling, unitizing, repressuring, or disposin, g of any mineral interest. q. Powers of Attorney Our Trustee may execute, deliver, and grant to any individual or corporation a revocable or m'evocable power of attorney to transact any and all business on behalf of the various trusts created in this agreement. 17-9 The power of attorney may grant tO "the attorney-in-fact all of the rights, powers, and discretion that otlr Trustee could haw~. exercised. r. Powers to Merge Similar Trusts Our Trustee may merge and consolidate any trust created in this agreement with any other trust created by both or either of us, or any other person at any other time, if the Other trust contains substantially the same terms for the same beneficiaries, and has at least one Trustee in common with the trust or trusts created in this agreement. Our Trustee may administer such merged and consolidated trusts as a single trust or uuit. If, however, such a merger or consolidation does not appeal' feasible, as determined in the sole anc[ absolute discretion of our Trustee, tile Trustee may consolidate the assets of such trusts for purposes of investment and trust administration while retaining separate records and accounts fol- the respective trusts. s. Powers o.f an Interested Trustee An interested Trustee is any Trustee wlio has al1 inte:rest as a beneficialy in this trust agreement or any trust created by it. Ill all instances where all interested Trustee distributes, or participates iii the distribution', of trust income or principal to or roi' the benefit of such Trustee, then the distribution shall be limited by the ascertain- able standards of' education, health, maintenance, and support. Notwithstanding 'anything in this agreement to the contrary, in. making such distributions, the interested Trustee shall not use discretion in applying those ascertainable standards. No individual Trustee shall exercise or participate in the exercise Of such discretionaly power with respect to distributions to any person or persons such Trustee is legally obligated to support, as to that support obligation. 17-10 t. Powers of an Insured Trustee Any individual Trustee under this agreement, other than either of us, is prohibited fi'om exercising any power conferred oi1 the owner of any policy which insures tile life of such individual Trustee and which is 1/eld as part of the trust property. If our Trustee holds any such policy or policies as a part of the trust property, the powers conferred on the owner of such a policy shall be exercised only by the other then acting Trustee. If tile insured Trustee is the only then acting Trustee, then such powers shall be exercised by a substitnte Trustee designated pursuant to the provismns of this agreement dealing with the trusteeship. If any rule of law or court decision construes tile ability of the insured Trustee to name a substitute Trustee as an incident of ownership, the substitution process shall be implemented by a majority of the then current mandatory and discretionary incon~e beneficiaries, excluding the insured Trustee if the insured Trustee is a beneficialy. u. Real Estate Powers Our Trustee may purchase, sell, transfer, exchange or otherwise acquire or dispose of any real estate. Our Trustee may make leases and grant options to lease for ally term, even though the term may extend beyond the termination of any trust created under this agreement. It may grant or release easements and other interests with respect to real estate, enter into party wall agreements, execute estoppel certificates, and develop and subdivide any real estate. It may dedicate parks, streets, and alleys or vacate any street or alley, and may constrtlct, repair, alter, remodel, demolish, or abandon improvements. It may elect to insure, as it deems advisable, all actions contemplated by this subsection. 17-11 Our Trustee may take any other action reasonably neces:sary for the preservation of real estate and fixtures compr/sing a part of the trust property or the income therefi-om. v. S Corporation Stock If any stock of an S corporation becomes distributable to a trust created under this agreement, and such trust is not a qualified Subchapter S trust, our Trustee may implement any of thc following alternatives with respect to the S corporation stock: 1. A Sole Beneficiary Where the original trust is for a sol~ beneficiary:, our Trustee may create for that beneficimy a separate trust that qualifies as a Subchapter S trust, and then distribute such stock to the newly created trust. 2. Multiple Beneficiaries Where the original trust is for multiple beneficiaries, our Trustee may divide the trust into separate trusts for each of the beneficiaries. Each newly created trust shall hold that beneficialy's pro rata share of the S corporation stock, and shall qualify as a Subchapter S trust. 3. Outright Distribution If circumstances prevent our Trustee from accomplishing the f/rst two alternatives under this paragrapl!, our Trustee may, in its sole and absoiute discretion, distribute such stock to the beneficiaries as if the trust had terminated, while continuing to hold any other non-S corporation property in trust. Each newly created S corporation trust shall have mandatory distributions of income and shall not provide for powers of appoint- ment that can be exercised by the beneficiary during the beneficiarv's lifetime. In all other respects, the newly created trusts 17-12 shall be as consistent as possible with the original trusts and still qualify as Subchapter S trusts. Our Trustee may take any act/on necessaly with regard to S corporations, including making any elections required to qualify- stock as S corporation stock, aud may sign all required 'tax returns and forms. w. Sale, Lease, and Other Dispositive Powers Our Trustee may sell, lease, transfer, exchange, grant options with respect to, or otherwise dispose of the trust property. It may deal with the trust property at such time or times, for such purposes, for such considerations and upon such terms, credits, and conditious, and for such periods of time, whether ending before or after the term of any trust created under this agreement, as it deems advisable. Our Trustee may make such contracts, deeds, leases, and any other in struments it deems proper under the im mediate circumstances, and may deal w/th the trust property in all other ways in which a natural person could deal with his or her property. x. Securities Powers In addition to those other securities powers granted throughout this Article, our Trustee may retain, exercise, or sell rights of conversion or subscript/on With respect to any securities held as part of the trust property. Our Trustee may vote or reft'alu from voting at corporate meetings either iii person Or by proxy, whether general or limited, and with or without substitutions. Y' Settlement Powers Our Trustee may compromise, adjust, arbitrate, alter the terms of, or abandon any claim in favor of or against any trust created under this agreement, and may take deeds 'in lieu of foreclosure. 17-13 DESCRIPTION FOR 0 S.9SGOS 0 7 5 ICLEN AND LADEEN ASTLE LIVING TRUST, DATED 17 JUNE 1998 ASTLE TRACT To-wit: - - PIofessional Land SurVeyors Paul N. $cherbel Wyo. [teglslrallon No. 164 Ulah Regishalion No. 1670 Idaho Regtslralion No. 3990 Nevada Regislfalion No. 6805 SCOll A Schmbel WVO. Regisl~alion No. 3889 Idaho Regislralion No. 8026 Ulah Reglslralion No. 372l tl MARLOWE A. SCHERBEL Wyo. Raglslralion No. 5368 Sue.,eyor Sche~bel. LTD. Aflon, Wyoming Big Piney. Wyoming Jackson. Wyoming Lava Hol Spdngs, Idaho Monlpeiier. Idaho All of the SE¼SW¼SE¼ of Section 25, T32N Ril9W, Lincoln County, Wyoming, ~ · EXCEPTING: That tract as described on the attached exlhbit titled, "DESCRIPTION FOR JAMIE H. BURTON BUR. TON TRACT", dated 29 January 2003; AND That tract as described on the attached exhibit' titled, "DESCRIPTION FOR GLEN FLUCKIGER AND EVA MAE FLUCKIGER FLuCKiGER TRACT", dated 29 January 2003; AND That tract as described on the attached exhibit titled, "DESCRIPTION FOR EARL H. PEAVLER, JR. AND LUANN C. PEAVLER FAMILY TRUST, DATED 09 MAY 1991 PEAVLER TRACT", dated 29 January 2003; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARy ADJUSTMENT FOR EARL H. PEAVLER, JR. AND LUANN C. PEAVLER FAMILY TRUST, DATED 09 MAY 1997 GLEN FLUCKIGER AND EVA MAE FLUCKIGER JAMIE H. BURTON WITHiN THE SE¼ SECTION 25 T32N R119W LIN~®L1N COUNTY, WYOMING", dated 2 May"2002, revised~ /~ / /57 /~/// as NO. A "Modification In any way ot the fora, 09, nc~ description terminates liability of the Prolessional Land Su~','eyors Paul N. $cherbal Wyo. Reglslralion No. t64 Utah Reglslraiion No. 1670 Idaho Regislralion No. 3990 Nevada Regisl~alion No. 6805' Scnll A. ScheCbel Wyo. Regislrallon No. 3889 Idaho Reglslralion No. 8026 Ulah RegJslmlion No. 312115 MARLOWE A. SCHERBEL Wyo, RegisPalion No. 5368 Surveyor' Schefbel. LTD. Aflon, Wyoming Big Piney, Wyomlng Jackson, Wyoming Lava Hol Springs, Idaho Monlpelier, Idaho DESCRIPTION FOR JAMIE H. BURTON BURTON TRACT To-wit: - - That part of the sW¼SE¼ of Section 25, T32N R119W, Lincoln County, Wyoming, ~t being the intent to more correctly desCribe that tract of record in the Office of the Clerk of Lincoln County in Book 448 of Photostatic Records on page 565, as follows: BEGINNING at a spike on the south line of said SW¼SE¼, :S89°-48'-36"W, 153.93 feet from the southeast corner of said SW¼SE¼; thence S89°-48'_36"W, 140.00 feet, along said south line, to a point; thence, N00°-05'~08"E, 240.00 feet to a point; thence N89°-48'_36"E, 140.00 feet, along a line parallel xvith said south line, to a point; thence S00°-05'_08"W, 240.00 feet, to tl~e SPIKE OF BEGINNING; ENCOMPASSING an area of 0.77 acre, more or less; the BASE BEARING for this survey is the south line of the SW¼SE¼ of Section 25, T32N, R119W, being S89°-48'-36"W; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "comer" found as desCribed in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR EARL H. PEAVLER, JR. AND LUANN C. PEAVLER FAMILY TRUST, DATED 09 MAY 1997 GLEN FLUCKIGER AND EVA MAE FLUCKIGER JAMIE H2--BURTON WITHIN THE SV~SE¼ SECTION 25 T32N R119W/,Ax.I~C~)LN COUNTY, WYOMING", dated 2 May "Modil'ication in any way of the foregoing description terminates liability of the surveyor" DESCRIPTION FOR GLEN FLUCIrdGER AND EVA MAE FLUCKIGER FLuCIGGER TRACT 077 To-wit: - - That part of the SW¼SE¼ of Section 25, T32N R119W, partly within the Incorporated Limits to the Town of Alton, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 245 of Photostatic Records on page 160, as followS: BEGINNING at a spike on the south line of said SW¼SE¼, S89°-48'_36"W, 23.93 feet frmn the southeast comer of said SW¼SE¼; thence S89°-48'-36"W, 130.00 feet, along said south line,· to a point; thence N00°-05'_08"E, 240.00 feet to a point; thence N89°-48'-36"E, 130.00 feet, along a line parallel with said south line, to a point on an existing fence line; thence S00°-05'_08"W, 240.00 feet, along said fence line, in part, to the SPIKE OF BEGINNING; ENCOMPASSING an area of 0.72 acre, more or less; the BASE BEARING for this survey is the south line of the SW¼SE¼ of Section 25, T32N, R119W, being .S89°-48'.36"W; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminmn cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the Plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR EARL H. PEAVLER, JR. AND LUANN C. PEAVLER FAMILY TRUST, DATED 09 MAY 1997 GLEN FLUCKIGER AND EVA MAE FLUCKIGER JAMIE H. BURTON WITHIN THE SV=SE¼ SECTION 25 T32N Rllg~ LI,~COLN COUNTY, WYOMING", dated 2 May 2, ev' . ~~ Pto'assion. I t~nd Surv.~or, anuary 2003 ~ ~.o ~ '~~o~' MARLOWE A. SCHERflEL ~,.- " Paul N. Scherbe! Wyo. R~gislralion No. 164 Ulah Regisl~alion No. 1670 Idaho Regislralion No. 3990 Nevada Regi~lralion No. 6805 Scol[ A, Sche~bel Wyo. Ragislralion No. 388g Idaho Re~islralion No. 80'26 Ulah Ragislralion No. 372111 Wyo. Raglslralion No. 5366 Sup;'ay0, Scherbel. LTD. AIIon. Wyoming Big Piney. Wyoming . Jackson. Wyoming Lava Hol Springs. Idaho Monyslia~. Idaho "Modification in any way of the foregoing description terminates liability of the surveyor" !ii ,,!15 ::: ~:: DESCRIPTION FOR EARL H. PEAVLER, JR. AND LUANN C. PEAVLER FAMILY TRUST, DATED 09 MAY 1991 PEAVLER TRACT 078 To-wit: - - P,olessional Land Surveyors Paul N. Schetbel Wyo. Reglsltalion No. 164 Ulah RegisOalion No. 1670 Idaho Regislrallon No. 3990 Nevada RagisOalion No. 6805 Scoll A. Schefbel Wyo. Regisli'alion No. 3889 Idaho Reglstralion No. 8026 'Ulah Reg~sl~'alion No. 3721 I1 MARLOWE A. SCHERBEL Wyo. Regislmlion No. 5368 Surveyor Schmbel, LTD. Allen, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hal Springs. Idaho Monlpelier, Idaho That part of the SE¼ of Section 25, T32N RI 19W, partly within the Incorporated Limits of the Town of Afton, Lincoln County, Wyoming, it being the intent to redescribe that tract of record in the Office. of the Clerk of Lincoln Connty in Book 398 of Photostatic Records on page 416, as folloWs. BEGINNING at the southeast comer of the SW¼SE¼ of said Section 25; thence S89°-48'-36"W, 23.93 feet, along the south line of said SE¼, to a spike; thence N00°-05'_08"E, 240.00 feet, along a fence line, in part, to a point; thence continuing, N00°-05'_O8"E, 129.10 feet, along a fence line, to a point; thence S89°-46'.49"E, 124.87 feet, along a fence line, to a point; thence S02°-25'_35"W, 93.34 feel, along a fence line, to a point; thence S00°-49'-58"W, 274.98 feet, along a fence line, in part, to a spike on the south line of the SEIASE¼ of said Section 25; ' thence S89°-47'_22"W, 93.55 feet, along said south line, to the CORNER BEGINNING; ENCOMPASSING an area of 1.01 acres, more or less; OF the BASE BEARING for this survey is the south line of the SW¼SE¼ of Section 25, T32N, R119W, being S89°-48'-36"W; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" ahuninun~ cap inscribed, "SURVEYOR SCHERBEL LTD AFToN WY PLS 5368", with appropriate details; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk' of L{ncoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR EARL H. PEAVLER, JR. AND LUANN C. PEAVLER FAMILY TRUST, DATED 09 MAY 1997 GLEN FLUCKIGER AND EVA MAE FLUCKIGER JAMIE H. BURTON WITHIN THE S'ASE¼ SECTION 25 T32N R1 COUNTY, WYOMING", dated 2 May y 2003 "Modification in any way of thee 19 OLN priori terminates liability of the,surVeyor"