HomeMy WebLinkAbout899443 30650 I]OOK._~ 5 6 l~p ~i'~L. L 0 0 ~ RECEIVED
LINCOL. t"4 COUNT'( CLERK
Jamie S. Meikle, as custodians to Tassie Sue Mmkle, under tl~e:Wyoming.:'~nifon~ Transtbrs to
Minors Act, P. O. Box 35?6, Alpine, ~ 83128, as Mortgagor, and the Mortgagee, S~
~vestmm~t Co~., 302 S. 36~ Street, Omaha, Nebraska (herein "Mortgagee").
WHEREAS, ~Mortgagor is indebted to Mortgagee in the principal sum of FIVE
HUNDRED FIFTY THOUSAND DOLLARS ($550,000.00) with interest as evidenced by
Mortgagor's note dated MaY 17, 2004, and all extensions, renewals and modifications thereof
(herein "Note"), providing for payment of principal and interest;
TO SECURE to Mmtgagee (a)the repayment of the indebtedness evidenced by the Note,
with interest thereon, th~ payment of all other ShinS, with interest thereon, advanced in
accordance herewith to protect the security of this Mortgage, and the performance of the
covenants and agreements of Mortgagor herein contained or contained in the loan documents
executed by Mortgagor by Mortgagee in connection herewith (the "Loan Documents"), and (b)
the repayment of any future advances, with interest thereon, made to Mortgagor by Mortgagee
pursuant to paragraph 12 hereof (herein "Future Advances"), Mortgagor does hereby mortgage,
grant and convey to Mortgagee, with power of sale, the following-described property located in
the County of Lincoln, State of Wyoming:
Please see attached Exhibit A
Please see attached Exhibit B
Including all buildings and improvements thereon (or that may hereafter be erected thereon);
together with hereditaments and appm:tenances and all other rights thereunto belonging, or in
anywise now or hereafter appertaining, and the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof; and all plumbing, heating and lighting fixtures and
equipment noTM or hereafter attached to or used in com~ection with said premises.
The Mortgagor hereby relinquishes and waives all rights under and by virtue of the
homestead laws of the State of Wyoming and covenants and agrees that it is lawfully seized of
said premises, that they are free from all encumbrances, and hereby covenants to warrant and
defend the title of said prmnises against the lawful claims of all persons whomsoever.
And Jamie S. Meikle, spouse of the said Mortgagor, Robert R. Meikle, as custodians to
Tassie Sue Meikle, under the Wyoming Uniform Transfers to Minors Act, upon the
consideration aforesaid, does hereby release and forever quit-claim unto the Mortgagee all
his/her fights of homestead in and to the above granted premises.
And the Mortgagor covenants and agrees with the Mortgagee as follows:
1. That Mortgagor will pay the indebtedness, as hereinbefore provided. In the event
of a prepayment of all or part of the Note, Mortgagor shall pay Mortgagee a prepayment penalty
as set forth in the Note, if any.
2. That the Mortgagor will pay all ground rents, taxes, assessments, water rents and
other governmental or municipal charges, or other lawful charges and will promptly deliver the
official receipts therefore to'the said Mortgagee. In default thereof the Mortgagee may pay the
same, and all sums so paid shall be added to and considered a part of the above indebtedness
hereby secured, and shall draw interest at the same rate.
In order more fully to protect the security of this Mortgage, at the option of the
Mortgagee, the Mortgagor, together with, and in addition to, the monthly installments of
principal and interest payable under the terms of the note secured hereby, on the first day of each
month until the said .note is. fully paid, will pay to the Mortgagee:
(a) A sum equal to the grOund rents, if any, and the taxes and assessments next due
on the premises covered by this Mortgage, plus the premiums that will next become due
and payable on policies of fire and other insurance on the premises covered hereby (all as
estimated by the Mortgagee, and of which the Mortgagor is notified), less all stuns
0S $44 009
already paid theref°re divided by the number of months to elapse before one month prior
to the date when such ground rents, premimns, taxes, and assessments will become
delinquent, such sums to be held by Mortgagee in trust to pay said ground rents,
premiums, taxes, ar)d assessments, before the same become delinquent.
(b) The aggregate of the amounts payable pursuant to subparagraph (a) and those
payable:on the note secured hereby, shall be paid in a single payment each month, to be
applied to the following items in the order stated:
(i) ground rents, taxes, assessments, fire and other insurance premiums;
(ii) interest on the indebtedness secured hereby; and
(iii) amortization of the principal of said indebtedness.
The Mortgagee may hold such sums without interest and use the same to pay the premiums,
ground rents, taxes, and assessments, refunding any excess to the Mortgagors or crediting the
Mortgagors with the same; but if the amounts paid monthly shall be insufficient to pay the
premiums, ground rents, taxes and assessments when due, then the Mortgagors shall pay the
deficiency to the Mortgagee on demand. Mortgagee reserves the right to apply all sums as
provided for in this paragraph to payment of any amount due and otherwise unpaid on the
Mortgage note and this Mortgage. Mortgagee has the option to waive the requirement of paying
sums in addition to the monthly installments of principal and interest payable under the terms of
the note secured hereby such as provided for in this paragraph, but the granting of this option
howsoever often shall not constitute a waiver of the right to the enforcement of the reqmrements
of this paragraph upon notice to the Mortgagor.
3. That nothing shall be done on or in connection with said property which may
impair the Mortgagee's security hereunder; the Mortgagor will commit, permit or suffer no
waste, impairment or deterioration of said property nor any part thereof, and said property shall
be continuously maintained in good and sightly order, repair and condition by the Mortgagor at
its expense.
4. That Mortgagor will keep the improvements now existing or hereinafter erected
on the said premises, insured as may be required from time to time by the Mortgagee against loss
by fire and other hazards, casualties, and contingencies in such amounts and for such periods as
may be required by the Mortgagee and will pay promptly, when due, any premiums on such
insurance. All insurance :shall be carried in companies approved by the Mortgagee and the
policies and renewals thereof shall be held by the Mortgagee and have attached thereto loss
payable clauses in favor of and in form acceptable to the Mortgagee. In event of loss Mortgagor
will give immediate notice by mail to the Mortagee, who may make proof of loss if not made
promptly by t!~e Mortgagor, and each insurance company concerned is hereby authorized and
directed to make payment for such loss directly to the Mortgagee instead of the Mortgagor and
the Mortgagee, jointly, and the insurance proceeds, or any part thereof, may be applied by the
Mortgagee at its option either to the reduction of the indebtedness hereby secured or to the
restoration or repair of the property damaged. In event of foreclosure of this mortgage or other
transfer of title to the said premises in extinguislunent of the indebtedness secured hereby, all
right, title and interest of the Mortgagor in and to any insurance policies then in force shall pass
to the purchaser or grantee.
5. That in case the Mortgagor defaults in the payment of ground rents, if any, taxes,
assessments, water, or otl~er governmental or municipal charges, or other lawful charges, as
herein provided, the Mortgagee may without notice or demand pay the same and in case of any
failure on the part of the Mortgagor to comply with the covenants of Paragraph 3 hereof, the
Mortgagee may effect such repairs as it may reasonably deem necessary to protect the property,
at the expense of the Mortgagor. The Mortgagor covenants and agrees to repay such sums so
paid and all expenses so' incurred by the Mortgagee, with interest thereon from the date of
payment, at the same rate as provided in the note herein described, and the same shall be a lien
on the said premises and be secured by the said note and by these presents and in default of
making such repayments, the whole amount hereby secured, if not then due, shall, if the said
INDIVIDUAL MORTGAGE
PAGE 2 OF 6
Mortgagee so elects, become due and payable forthwith, anything herein contained to the
contrary notwithstanding.'
6. That in the event the property covered hereby is sold under foreclosure and the
proceeds are insufficient to pay the unpaid balance of the indebtedness secured hereby, the
Mortgagee binds itself to pay the unpaid balance, and the Mortgagee will be entitled to a
deficiency judgment.
7. That Mortgagor represents, warrants, covenants and ag, ees as follows:
(a) Mm, tgagor is not aware of any Hazardous Substance installed, stored,
disposed of or otherwise located on or in the property.
(b) Mortgagor shall not allow any Hazardous Substance to be brought into,
installed, used, stored, treated, disposed of, or transported over the property without prior
written consent from Mortgagee.
(c) All activities and conditions on the property are currently in compliance
with any applicable law and all activines and conditions on the property shall at all times
comply with any applicable law.
(d) Five days after receipt or completion of any report, citation, or, other
written or oral comnmnication concerning the property frmn any government agency
empowered to enforce, investigate, or oversee compliance with any applicable law,
Mortgagor shall notify Mortgagee in writing of the contents of such communication, and
shall provide Mortgagee with a copy of all relevant documents.
(e) Notwithstanding any other provision of this Mortgage, upon discovery of
any Hazardous Substance on or in the property, Mortgagor shall immediately notify
Mortgagee thereof. Mortgagor shall immediately take all actions necessary (i) to comply
with laws requiring notification of govenunent agencies concerning such Hazardous
Substance, (ii) to remedy or correct the condition, and (iii) to remove from the property
all such Hazardous Substances. Mortgagor shall handle and dispose of such substances
in accordance with any applicable law. Mortgagor shall take any and all actions
necessary to obtain reimbursement or compensation from persons responsible for the
presence of any Hazardous Substance on the site. Mortgagee shall be subrogated to
Mortgagor's rights in all such claims.
(f) Mortgagor agrees to indemnify Mortgagee, defend with counsel
acceptable to Mortgagee, and hold Mortgagee harmless fi-om and against any claims,
legal and administrative proceedings, judgments, damages, punitive damages, penalties,
fines, costs, liabilities, interest or losses, attorneys' fees, consultant fees, and expert fees
and other expenses that arise directly or indirectly from or in connection with the
presence, suspected presence, release or suspected release of any Hazardous Substance
whether into the air, soil, surface water or groundwater at the property, or any other
violation of any applicable law whether by negligent or intentional activities or
Mortgagor or any third party; or any breach of the foregoing representations and
covenants. The indemnities described above specifically include, but are not limited to,
the direct obligation of Mortgagor to promptly perform any remedial or other activities
required, ordered or recommended by any administrative agency, government official, or
third party, or otherwise necessary to avoid injury or liability to any person or property,
or to prevent the spread of any pollution or Hazardous Substance.
(g) Mortgagee shall have the right to enter and inspect the condition of the
property at any time and to conduct, or to designate a representative to conduct such
inspection, testing, environmental audit or other procedures which Mortgagee believes
are necessary to determine current compliance with the covenants and representations
contained herein.
INDIVIDUAL MORTGAGE
PAGE 3 OF 6
(h) Nothing contained in this Mortgage shall obligate Mortgagee to take any
action with respect to the property or to take any action against any person with respect to
such substances, condition or activity.
(i) The term "Hazardous Substance" as used herein shall mean any substance
which at any time shall be listed as "hazardous," "toxic" or "carcinogenic" in any
applicable law or regulation implementing such applicable law including, but not limited
to, the Comprehensive Environmental Response, Compensation and Liability Act
("CERCLA"), 42 U.S.C. Sections 9601 et seq.; the Resource Conservation and Recovery
Act ("RCRA"), 42 U.S.C. Sections 6901 et seq.; and the Atomic Energy Act of 1954 as
amended, 42 U.S.C. Sections 3011, et seq.
8. Upon occurrence, with respect to any Mortgagor, Assignee, maker, endorser or
guarantor hereof, of any of the following:
Calling of a meeting of creditors; application for, or appointment of, a receiver of any of
them or their property; filing of a voluntary or involuntary petition under any of the provisions of
the Bankruptcy Act or amendments thereto; issuance of a warrant or attachment; entry of a
judgment; failure to pay, collect or remit any tax or tax deficiency, Federal, State or local, when
assessed or due, death dissolution; making, or sending notice of an intended bulk sale; mortgage
or pledge of any property; suspension or liquidation of their usual business; failure, after
demand, to furnish financial information or to permit inspection of any books or records; default
in pa)anent or performance of this note or any other obligation to, or acquired in any maturer by
payee, or if the condition or affairs of any of them shall change as the opinion of the Mortgagee
or other legal holder thereof; shall increase its credit risk this note and all other obligations,
direct or contingent, or an}, maker or endorser hereof to payee shall become due and payable
immediately without notice or demand.
That in case default shall be made in the payment, when due, of the indebtedness hereby
secured, or of any installment thereof, or any part thereof, or in case of breach of any covenant or
agreement herein contained, the whole of the then indebtedness secured hereby, inclusive of
principal, interest, arrearages, ground rents, if any, taxes, assessments, water charges,
expenditures for repairs or maintenance, together with all other sums payable pursuant to the
provisions hereof, shall become immediately due and payable, at the option of the Mortgagee,
although the period above limited for the payment thereof may not have expired, anything
hereinbefore or in said Note contained to the contrary notwithstanding, and 'any failure to
exercise said option shall not constitute a waiver of the right to exercise the same at any other
time, and it shall be lawful for the Mortgagee to proceed to enforce the provisions of this
Mortgage either by suit at law or in equity, as it may elect, or to foreclose this Mortgage by
advertisement and sale of the above-described premises, at public venue, for cash, according to
Wyoming statutes governing mortgage foreclosures, and cause to be executed and delivered to
the purchaser or purchasers at any such sale a good and sufficient deed or deeds of conveyance
of the property so sold and to apply the net proceeds arising from such sale first to the payment
of all moneys expended or advanced by the Mortgagee pursuant to the provisions of Paragraph 5
hereof, and then to the pa)anent of the balance due on account of the principal indebtedness
secured hereby, together with interest thereon and the surplus, if any, shall be paid by the
Mortgagee on demand, to the Mortgagor. There shall be included in any or all such proceedings,
a reasonable attorney's fee. In case the Mortgagee shall fail promptly to foreclose upon the
happening of any default, it shall not thereby be prejudiced in its right of foreclosure a any time
thereafter during which such default shall continue and shall not be prejudiced in its foreclosure
rights in case of further default or defaults.
9. That in case of any default whereby the right of foreclosure occurs hereunder, the
Mortgagee shall at once become entitled to exclusive possession, use, and enjoyment of all
property aforesaid, and to all rents, issues and profits thereof, from the accruing of such right and
during the pendency of foreclosure proceedings and the period of redemption, if any there be,
and such possession, rents, issues and profits shall at once be delivered to the Mortgagee on
request, and on refusal, the delivery of such possession, rents, issues, and profits may be
enforced by the Mortgagei by any appropriate civil suit or proceeding, including action or
actions in ejectment, or forcible entry, or unlawful detainer,, and the Mortgagee shall be entitled
to a Receiver for said property and all rents, issues, and profits thereof, after any such default,
I INDIVIDUAL MORTGAGE
PAGE 4 OF 6
012
including the time coverea by foreclosure proceedings and the period of redemption, if any there
be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency
of the Mortgagor, or the then owner of said property, and without regard to the value of said
property, or the sufficiency thereof to discharge the mortgage debt and foreclosure costs, fees,
and expenses and such Receiver may be appointed by any court of competent jurisdiction upon
ex parte application, and without notice (notice being hereby expressly waived and the
appointment of any such Receiver on any such application without notice being hereby
consented to by the Mortgagor on the Mortgagor's own behalf), and all rents, issues, and profits,
income and revenue of said property shall be applied by such Receiver, according to law and the
orders and directions of the court.
10. That this Mortgage shall become due and payable in full forthwith at the option of
the Mortgagee if the Mortgagor conveys away said premises or if title thereto shall become
vested in any other person or persons in any maimer whatsoever, and the acceptance of any
monthly payments by the Mortgagee shall not constitute a waiver of the option herein contained
11. That no failure by the Mortgagee or any legal holder hereof to enforce any right
set forth herein nor the granting of any extension of time nor talcing of additional security, nor
partial release of security or the making of future advances, shall act to constitute a waiver of the
right to enforce any and all remedies provided herein nor shall it act to discharge or release the
collateral.
12. That upon request of Borrower, Lender, at Lender's option prior to release of this
Mortgage, may make Future Advances to Borrower. Such Future Advances, with interest
thereon, shall be secured by this Mortgage when evidenced by promissory notes stating that said
notes are secured hereby.
13. That the covenants herein contained shall bind, and the benefits and advantages
shall inure to, the respective heirs, executors, administrators, successors, and assigns of the
parties hereto. Whenever used, the singular number shall include the plural, the plural the
singular, and the use of any gender shall include all genders.
IN
WITNESS
WHEREOF, the Mortgagors have set their hands, this / I day of May,
2004.
Robert R. Meikle, Custodian to Tassie Sue
Meikle, a Minor, Mortgagor
Jamie S. Meikle, Custodian 'to Tassie Sue
Meikle, a Minor, Mortgagor
STATE OF IDAItO )
:SS.
COUNTY OF BONNEVILLE )
The foregoing was acknowledged before me by ROBERT R. MEIKLE, Custodian to
Tassie Sue Meikle, a Minor, this 17thday of May 2004 Mr. Meikle acknowledges that he has
read the foregoing and understands the contents thereof, and that he executed the same freely and
voluntaflly.
Witness my hand ana omck~r, seaj,,,-
STATE OF ~O )
INDIVIDUAL MORTGAGE PAGE 5 OF 6 ]
COUNTY OF BONNEVILLE
;SS.
)
013
The foregoing was acknowledged before me by JAMIE S. MEIKLE, Custodian to Tassie
Sue Meikle, a Minor, this 17th day of May 2004. Ms. Meikle acknowledges that she has read the
foregoing and understands the contents thereof, and that she executed the same freely and
voluntarily.
Witness my hand
~ %'. ..............
My commission expires:
/
INDIVIDUAL MORTGAGE
PAGE 6 OF 6
lessicmal Law:l Surveyors
II t~. $che~bel
). ~egislfall~ NO, 164
Re~slral~an ~Jo.
II A.
I. R~sl~abo~ Ho.
&o Reg~l~ali~ No. ~026
~ Regislral~ No. 372
~LOWE A. SCHERBEL
Reglsl~alJon No. 53~
~ey~ Sche~el. LTD,
n. Wy~g
P~ey, Wy~ng
t/~ol ~rJ~s, Idaho
~lpu~el, idaho
DESCRIPTION FOR
014
ROBERT RILEY MEIKLE AND JAMIE S. MEII(LE, AS CUSTODIANS FOR
TASSIE SUE MEIKLE
SOUTH TRACT
To-wit:--
That part of the SE'/4 of Section 9, T36N RI 19\¥, Lincoln County, Wyoming, being part of
that tract of record in ~tl~e Office of the Clerk of Li~coln County in Book 537 of Photostatic
Records on pages 663, described as follows:
BEGINNING at the southeast point of said tract, on tile south line of said Election 9, S89%
46'-52"W, 131.00 feet fi'om the southeast corner ofsaid Section 9;
thence S89°-46'-52"W, 623.35 feet, along said south line, to the southwest point of said
tract, on a fifty (50) 'foot easterly offset line to the right (easterly) bank of the Salt River;
thence coursing the west line of said tract and said easterly offset line as follows:
N68°-32'-38"E, 57.56 feet, to a position;
NI3°-58'-39"E, 141.78 feet, to a position;
N06°-57'-48"W, 199.64 feet, to a position;
N I 5°-54'-44"W, 129.66 feet, to a posttion;
N27°-42'-19"W, 7.07 feet, to a position;
N53°-50'-lS"E, 94.74 feet, to a position;
N59°-44'-25"E, 71.40 feet, to a positiOn;
NI7°-21'-49"E, 91.35 feet, to a position and leave said westerly line and said
easterly offset line;
thence S77°-35'-15"E~ 473.71 feet, to a point on an east line of said tract;
thence S15°-19'-25"W, 131.19 feet, to an angle poi,.it of said tract;
thence S00°-40'-50"E, 436.13 feet, along an east line of said tract, to tile POINT OF
BEGINNING;
ENCOMPASSING an area of 7.81 acres, more or less;
That the above described "fifty (50) foot easterly offset line to tim right (easterly) bank of
the Salt River" is an indefinite line intended to follow the meanders/fluctuations of said
easterly bank; the above courses of said offset line are approximations only for the purpose
of determining approx'imate acreage and do not, nor are they intended to, establish a fixed
boundary;
TOGETllER with a right of ingress and egress and ulilities over, under and across a sixty
(60) foot strip of land with the centerline described as follows:
COMMENCING at the'intersection of the south line of the McNeel Power Plant
'County Road No. 12-104 with the east line of said SE ¼, S00°-04'-42''W, 297.22 feet
from the northeast comer of said SE¼;
thence N89°-23'-04"W, 30.00 feet to the SPIKE OF BEGINNING;
"Modification in any way of the foregoing description terminates liability of the surveyor"
DESCRIPTION FOR
ROBERT RILEY IMIEIKLE AND JAMIE S. ME1KLE,
AS CUSTODIANS FOR TASSIE SUE MEIKLE
SOUTH TRACT
PAGE TWO
015
ul h Scheibel
IO, gsglslrallot~ No 164
to. Reoi~l~aliofl No. 3889
,ho Regisltallon No. 8026
ih Regisltall~ No. 312111
~RL~ A SCHERSEL
'o. Regisllali~ No. 5368
~ey~ S~efbel. LTD.
~. Wy~
Phay. W~
:ks~. Wv~ng
nlpelieL dahu
thence S00°-04'-42"W, 155.50 feet to a spike al the begi,ming of a circular curve to
the right;
thence southwesterly, 226.86 feet, along tile arc of said curve through a cenLral angle
of 24°-46'-40" with a radius of 524.58 feet and a chord bearing S12°-28'-02"W,
225.09 feet, Lo a spike at the beginning ora circular curve to the left;
thence southwesterly, 184.21 feet, along the arc of said curve tlu'ough a central angle
of 36°-19'-42" with a radius of 290.53 feet and a chord bearing S06°-41'-31"W,
181.14 feet, to a spike at the end of said curve;
thence S11°-28'-20"E, 136.13 feet to a spike;
thenceS06°-48'-29''E, 141.12 feet to a spike;
thence S17°-08'-04"W, 166.27 feet to a spike;
thence S32°-53'-15"W, 157.21 feel to a spike;
thence S29°-44'-35"W, 174.78 feet to a spike;
thence S23°-,13' 00"W
- _, 166.89 feet to a spike;
thence S34°-14'-36"W, 36.78 feet [o a spike on the norlh line of tile above described
tract; AND
TOGETHER with a peq, etual right of ingress, and egress and utilities over, under and
across a strip of land forty (40) feet in width with the westerly line described as follows:
BEGINNING at the northerly most northwest position of the above deS'cribed "South
Tract";
thence N34°-I4'-35"E, 294.65 feet, along a westerly line of said tract ill Book 537, Lo
the northwest position of said tract;
SUBJECT to a right of ingress, egress and utilities over, under and across the easterly
thirty (30) feet of the above described tract; AND
SUBJECT to an access easement across the southerly thirty (30) feet in accordance with
that easement of record in said Office in Book 524 of Photostatic Records on page 497;
the BASE BEARING roi' this survey is tile eas. lille of tile SE¼ of Section 9, T36N
R_I 19W, being N00°-04'-42"E;
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;
each "position" is a calculated position with no rnontm~ent set or found;
each "spike" marked by a 3/8" x 12" steel spike referenced by one (l) or two (2) 5/8" x
'24" steel reinforcing rod(s) with 2" aluminun] cap inscribed, "SURVEYOR SCI-tERBEL
LTD AFTON WY PLS 5368", with appropriate details;
:' :.~".".' ': "Modification in any way of the ' '"'"'"'"'"~ ....
for6s~'.',%.~escrlptlon terminales liabilily of lhe s~,. w~.~
Profe$aional Land Surveyors
W¥O Ragisllallon No. 164
Ula~ Reglst~aho~ No. 1670
Idat)o Reglst)al*~
Nevada Ragisl~aho~ No
Scoll A ~hefbal
W~O. Regisl~allon No. 3889
~a~ Reglsi~alion No. 8026
Utah Regisi~allon No. 372111
MARLOWE A. SCHERBEL
Wyo. Re~sliali~ No. 5368
Su~ey~ Schelbel.
B~g Piney,
Jack~.
[ava Hot Spl~gs. Ida~
Monlp~l~eL Idaho
DESCRIPTION FOR
ROBERT RILEY MEIKLE AND JAMIE S. MEIKLE,
AS CUSTODIANS FOR TASSIE SUE MEIKLE
SOUTH TRACT
PAGE THREE
016
all in accordance with tile attached exhibit titled, "EXHIBIT TO ACCOMPANY
DESCRIPTIONS FOR ROBERT RILEY MEIKLE AND JAMIE S. MEIKLE, AS
CUSTODIANS FOR TASSIE SUE MEIKLE WITHIN THE SE¼ SECTION 9 T36N
/~~~~_ ~OUNT~?/, W~MI'NG', dated 17 December 2003, as revised.
"Modification !n any way of the foregoing description terminaies liability of tile surveyor"
DESCRIPTION FOR
,v: 01'7
ROBERT RILEY MEIKLE AND JAMIE S. MEIKLE, AS CUSTODIANS FOR
TASSIE SUE MEIKLE
NORTH TRACT
To-wit:--
Land Sumeyo~s
le~lslrafl~n t4o. 164
S~e~al
eglsl~a~ No. 3889
~a~ No. 372111
A SCUE~BEL
e~l~aUon No. 5368
~b~. LTD.
W~g
Wyonfing
That part of the SE¼ of Section 9, T36N RI 19W, Lincoln County, Wyoming, being part of
that tract of record in tile Office of the Clerk of Lincoln County in Book 537 of Photostatic
Records on pages 663, described as follows'
BEGINNING at a point on the east line of said tract, N10°-14'_i 0"W, 571.22 feet from
the southeast comer of said Section 9;
thence N77°-35'_15',W, 473.71 feet, to a position on a west line ofsaid tract, a fifty (50)
foot easterly offset line to the fight (easterly) bank of the Salt River;
thence N34°-14'_35',E, 294.65 feet, along said west line and said easterly offset line, to the
northwest position of said tract;
thence N89°_19'-10"E, 392.78 feet, along the north line of said tract, to the norlbeast point
of said tract;
thence S15°-19'_25',W, 362.96 .feet, along an east line of said tract, to the POINT OF
BEGINNING;
ENCOMPASSING an area of 3.06 acres, more or less;
That the above described "fifty (50) foot easterly offset line to the right (easterly) bank of
the Salt Rivet"' is an indefinite line intended to follow the meanders/fluctuations of said
easterly bmr; the abobe courses of said offset line are approximations only fei' the purpose
of determining approximate acreage and do not, nor are they intended to, establish a fixed
boundary;
TOGETHER with a right of ingress and egress and utilities over, under and across a sixty
(60) foot strip of land with the centerline described tis follows:
COMMENCING at the intersection of the south line of the McNeel Power Plant
County Road No. 1.2-104 with the east line ofsaid SE¼, S00°-04'_42',W, 297.22 feet
from the northeast comer of said SE¼;
thence Ng9"-23'-04"W, 30.00 feet to the SPIKE OF BEGINNING;
thence S00°-04'_42"W, 155.50 feet to a spike at the beginning of a circular crowe to
lhe right;
tber~ce soutl~westerly, 226.86 feet, along the arc of said curve through a central angle
of 24°-46'-40'' with a radius of 524.58 feet and a chord bearing S12°_28'_02',W,
225.09 feet, to a spike at the begimfing ora circular curve to the left;
thence southwesterly, 184.21 feet, along the arc of said curve through a central angle
of 36°-19'-42'' with a radius of 290.53 feet and a chord bearing S06°-41'_31',\¥,
181.14 feet, to a spike at the end of said curve;
thence S11°-28'-20"E, 136.13 feet to a spike;
thence S06°-48'_29',E, 141.12 feet to a spike;
thence S17°-08'_04"W, 166.27 feet to a spike;
· thence S32°-53'_15"W, 157.21 feet to a spike;
.... "Modificalion in any way et the foreg~....g::!a~scription:' terminates liability of tim smvey'o:i-:'-:rI
DESCRIPTION FOR ObJD~4:~I
aoa aT RILEY MEIKLE AND JAMIE S. MEIKLE,
AS CUSTODIANS FOR TASSIE SUE MEIKLE
NO RTH TRA CT
PAGE TWO
thence S29°-44'_35"W, 174.78 feet to a spike;
thence S23°-43'_00"W, 166.89 feet to a spike;
thence S34°-14'_36',W, 36.78 feet to a spike on the nodb line of,be above described
tract;
RESERVING unto the Grantors, their he/rs, successors and assigns a perpetual right of
ingress, and egress and utilities over, under and across the west forty (40) feet of the above
described tract;
SUBJECT to a right of ingress, egress and utilities over, under and across the easterly
thirty (30) feet of the above described tract;
the BASE BEARING for' this survey is the east line of the SE¥., of Section 9, T36N
R119W, being N00°-04'_42',E;
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" marlced by a 5/8" x 24" steel reinforcing rod with a 2" ahnninum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate
details;
each "position" is a calculated position with no monument set or found;
each "spike" marlced by a 3/8" x 12" steel spike referenced by one (1) or two (2) 5/8" x
24" steel reinforcing rod(s) with 2" aluminum cap inscribed, "SURVEYOR SCIIERBEL
LTD AFTON WY PLS 5368", with appropriate details;
all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY
DESCRII~TIONS FOR ROBERT RILEY MEIKLE AND JAMIE S. MEIKLE, AS
/~ ~CUSTODIANS FOR TASSIE SUE MEIKLE WITHIN THE SE¼ SECTION 9 T36N
t~ .. ~ IN__WYOMING''. dated 17 December 2003, as revised.
anuary 2004 - Revised
17 December 2003
018
slo,qa! LaM
· Rchotbel
leolshallo~ No. 164
agishalion No. 1670
ta~lsltaU~ NO.
· ~e~
egas~al~ No. 3889
~skal~ No. 372 I1 I
IWE A. SCHERGEL
egisttal~n No. 5368
~ ~e~el, LTD.
~. WV~~ '
JOt,
"Modificalion in any way of the foregoing desCription terminates liability of the surveyor"