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Disclaimer - Armstrong, Joe A_1/8/1999! STATE OF INDIANA COUNTY OF GIBSON . � ) ) SS ) ZN RE THE ESTATE OF JOE ARCH ARMSTRONG Deceased. ) ) ) ) 6 � f- ,,.. _ .,,i JAN 0 8 �ggg IN THE GIBSON CIRCUIT COUf�� s�1 ,,,���� Clerk Gibson Cir� �i C n 1999 TERM CAUSE N0. 26C01-9812-EU-0103 DISCLAIMER BY DEVISEE AND BENEFICIARY OF REAL PROPERTY The undersiqned Meredith Armstrong, being the sole beneticiary and devisee under Article III of the Last Will and Testament of Joe Arch Armstrong, deceased, who died on April 21, 1998 domiciled in Gibson County, Indiana states as follows: 1. The decedent's Last P1i11 and Testament was probated on December 17, 1998 and the undersigned has been advised that under Article III of said Wi11 she will become vested with the following real property if said devise is not disclaimed real property is specifically described as follows: This For complete legal description see Exhibit A attache� hereto and made a part hereof by reference. 2. That the undersigned has been further advised that pursuant to the provisions of Indiana Code 32-3-2-1 et seq that she has nine (9) months from the date of death of the decedent to disclaim or refuse to accept the devise which would otherwise vest in her and that in the event.of such disclaimer the decedents estate wi11 be distributed as if the undersigned had predeceased the decedent. 3. The undersigned having full knowledge of these facts hereby irrevocably disclaims her entire interest in all real estate devised to her by the decedent's Last Wi11 and Testament. 4. It is the intention of the undersigned that this � • � disclaimer constitute a qualified disclaimer as defined in Section 2518(c)(3) of the Internal Revenue Code as amended and the corresponding provisions of any subsequent federal tax and that it also constitute a disclaimer under Indiana Code 32-3-2-1 et seq. IN WITNESS GIHEREOF the undersigned hleredith Armstrong has executed this disclaimer this � day of January, 1999. ��..�� i'� .� _--% . �" .� - STATE OF INDIANA) ) SS: COU�TY OF GIBSON) Befor me, a Notary Public in and for said County and State, this _� day of January, 1999, came h1EREDITH ARh1STRONG, and acknowledged the execution of the foregoing instrument. S•]ITNESS, my hand and official seal. r�' ta Public My Commission Expires: . Jerry D. Stilwell September 7, 1999 Printed Name of Notary County of Residence: Gibson THIS INSTRUNIENT PREPARED BY JERRY D. STILWELL, ATTORNEY � lJ EXHIBIT "A" TO DISCLAIMER BY DEVISEE AND BENEFICIARY OF REAL PROPERTY The following described real estate situate in Gibson County, Indiana, to-wit: TRACT 1: An undivided 5/32 interest of decedent Joe Arch Armstrong in and to the following described real estate: For complete description of Tract 1 see Exhibit B attached hereto and made a part hereof by reference. TRACT 2: Part o� the east half of,the northeast quarter of Section twenty-seven (27), Township two (2) south, Range eleven (11) west, in Patoka Township, Gibson County, Indiana, and more particularly described.as follows: Beginning at a point in the east line of said ha1f, quarter section one hundred ninety-eight and no one-hundredths (198.00) feet south of the northeast corner thereof; thence west and parallel to the north line thereof eight hundred fifty-five and forty one-hundredths (855.40) feet; thence south sixteen hundred fifteen and ten one-hundredths (1615.10) reet, more or less, to a corner post; thence east along the north line of a sixteen and seventy-eight one- hundredths (16.78) acre tract belonginq to Joe Arch Armstrong and Meredith Armstrong, eight hundred fifty-three and ninety-seven one-hundredths (853.97) feet to the east line of said section; thence north and along said east line sixteen hundred fifty-one and two tenths (1651.2) feet to the place of beginning-and containing 32.0438 acres, more or less. ALSO, part of northeast quarter of Section twenty-sever (27), Township two (2) south, Range eleven (11) west, in Patoka Township, Gibson County, Indiana, and more particularly described as follows: Beginning at a casting nine hundred seventy-three and fifty one-hundredths (973.50) feet south of the north line and eight hundred fifty-four and thirty-five one-hundredths (854.35) feet west of the east line thereof; thence south eight hundred fifteen and seventy-six one-hundredths (815."l6) feet; thence west fourteen hundred ninety-five and sixty-three one-hundredths (1995.63) feet; thence north eight hundred fifteen and seventy-six one-hundredths (815.76) feet; thence east fourteen hundred ninety-five and sixty-three or.e-hundredths (1495.63) feet to the place of beginning, and containinq 28.0091 acres. ALSO, a part of the southwest quarter of the northeast quarter and a part of the northwest quarter of the southeast quarter of Section two (2), Township three (3) south, Range �. � eleven (11) west, in Uniot� Tuwnship, Gihson County, Indiana, ciescribed as follows: Pc:ginriinc{ :it the southwest corr�er oi the southwest quarter of the northeast yuartcr of �aid Seclion two (2), and run i.hence n�rth one hundred forty-six and seven tenlhs (196.7) fert; thence east thirieen tiundred forty-six and no one-hur�dredlhs (1346.00) Leet to thc east line of said last. named yuarCer yuarter section; thence south six hundred fifty-lwo r�nd forty-five one-hur�dr.e�lt.hs (652.�5) fcet; thence wesL' thirteen hundred furty-si.x and no one-hundr.edths (1346.00) feeL to thP west linF af r.h�. northwest. quarler of the southeasl quarter of. said ;ection; thence narth five hundred five ar�d sPVenty-fivr one- hilndredths (505.75) feet to t.he place of beyinning, and containing twenty and sixt.��n one-hundredth:: I2�•1�) ��res, EXCEPT the coaJ lying t.i�c:reir� and thereuncier. ALSO, the free use ot a roadway twenty (7.0) feet lony and adjacent t�� the north linc of the northeast. yuart.er nt thc aouthwest quarter of :;nid ;ection two (7). The. ahove described Y.ract of twent.y �nd sixteen one- hundredths (20.16) ar.res i.s si�hject to a roadway twcnity (20) fcet in width adjacenL' to Llie west line oi th�t �,ar.i of said tract ly?ng in U'ie southwe�;t quarter af thc northeasC quar.ter and for a di.stance of twenty (20) feet �xtP7iding south from the north line ot th�: northwest yuar.icr oI the southeast quarter of said �ec:tion. AL50, pert of the northwest quarter of i.}i� snut.heast quarCer of Seclion two (21, '1'ownship L1'iree (3) south, Range eleven (11) west, in Union 'fown�hip, Gibson County, lndi�na, and mor.e particularly dpscribed as iollows: Neqi.nniny at a point in the west line oi ::aid quartet quarter ,ecLion five hundr.ed five and seventy-five one-hundredths (5��.`�-75) icer. south of thc nor.thwest corner Lhereof; r.un ltienr.c rast. thir.teen hundr.ed fozty-e�ix a,�d nn one-hui�dredr.h:; (13�6.00) feet Lo the east line ihcreoi; t.hence souC]'� alony said east line one hundred sixty-two and ninety one-hundr.c:dths ore?huOdredt}s (1346e00)JLcet1Loethehwcatelinerthcreof.;�nd no thence.north al.ong said west line one hundred sixty-two and ninety one-hundredths (].G2.9C1) feet L'o the place of beyinning and containing 5.0336'acres, GXC6PT the c:oal :I.ying thereitt and Lhereunder. � ' � EXHIBIT "B" TO DZSCLAIMER BY DEVISEE AND BEPIEFICIARY OF REAL PROPERTY TRACT 1 REAL ESTATE TRACT Z: The south part of the southeast quarter of Section 11, Township 2 South, Range.11 west, bounded as follows: Beginning at the south- east corner of said quarter section, and run thence north 9 chains 75 links (4 pole chains), thence west to the west line of said quarter section; thence south to the southwest corner thereof; thence east to the place of beginning, containing 39 acres, more or less, SAVE AND EXCEPTING THEREFROM THE.FOLLOWING: Part of the southeast quarter of Section 11, Township 2 South, Range 11 west, in Patoka Township, Gibson County, Indiana, and more particularly described as follows: Beginning at a 5/8 inch iron in the southeast. corner of said quarter section and running thence south eighty-nine degrees fifty-five minutes fifteen seconds west (S 69° 55' 15" W) along the centerline of a county road, one-thousand one-hundred five and zero hundredths (1,105.00) feet to a railroad spike; thence north twenty and zero hundredths (20.00) feet to Station 7+50, line S-2-3 of U.S. highway #41; thence north fifty-seve m degrees six minutes thirty-eight seconds west (N 57° 06' 38" W)�and along the right-of-way line of said Highway, one-hundred seventy-eight and sixty-three hundredths (178.63) feet to a right-of-way marker located one-hundred (100) feet east of Station 1429+30 of said Highway; thence north four degrees thirty- three minutes twenty-nine seconds east (N 4° 33' 29" E) and along the east right-of-way line of said U.S. Highway �41 (dual) five- hundred twenty-eight and seventeen hundredths (528.17) feet to a S/8 inch iron located one-hundred forty-two and ninety-seven hundredths (142.97) feet east of the centerline of said Highway, said iron is located six-hundred forty-three and fifty hundredths (643.50) feet (9 chains 75 links) north of the south line of said auarter section; thence north eighty-nine degrees fifty-five minutes fifteen seconde east (N 89° 55' 15" E), one-thousand two-hundred nine and thirty- eight hundreds (1,209.38) feet ±o y ra'lread spike se*_ in the east line of said quarter section; thence south zero degrees eighteen minutes forty-five seconds east (S 0° 18' 45" E) six-hundred forty- three and fifty hundredths (643.50) feet (9 chains 75 links) to the place of beginning and containing 18.0246 acres. EXCEPTING THEREFROM .80 acre for cemetery and entrance purposes and containing after said exception 17.2246 acres. SUBJECT TO 1.4514 acres of County Road right-of-way. Page 1 of 2 � ' � Continued (TRACT I:) ALSO EXCEPTING the minerals only ur.derlying the following described parcel oE U.S. Highway �41 right-of-way: Beginning at the intersection of the centerline of U.S. Highway #41; Section F, Project 65, Section 18 and the south line of the southeast quarter of Section 11, Township 2 South, Range 11 west, Patoka Township, Gibson County, Indiana and running thence north zero degrees six minutes west (N 0° 06' W), six-hundred forty-three and fifty hundredths (643.50) teet; tnence east one-hundred forty-two and ninety-seven hundredtns (142.97) feet to the east right-of-way line of said Highway; thence south four degrees thirty-three minutes twenty-nine seconds West (S 4° 33' 29" W) five-hundred twenty-eight and seventeen hundredths (528.17) feet; thence south fifty-seven degrees six minutes t`irty-eight secor.ds east (S 57° 06' 38" E). one-hundred seventy-eight and sixty-three hund- redths (178.63) feet; thence south twenty and zero hundredths (20.00) feet to the south line of said quarter section; thence south eighty- nine degrees fifty-five seconds fifteen minutes west (S 89° SS' 15" W), two-hundred fifty and zero hundredths (250.00) feet to the place of beginning and containing 1.9729 acres. ALSO, a part of the southeast quarter of Section 11, Township 2 south, Range 11• west, bounded as follows: Beginning in the west line of said quarter section at a point 9 chains and 75 links north of the southwest corner thereof and running thence north 18 chains and 25 links; thence east 20 chains and 5 links; thence south 18 chains and 25 links; thence west to the place of beginning, containing 36.50 acres, more or less, EXCEPTING the following described tracts, to-wit: (a) taking a poi:it south of the northeast corner of the above named quarter section_by 12.75 chains and west by 20.70 chains as a poi-. of beginning, this point being the northeast corner of the above- named part of the southeast quarter of Section 11, Township 2 south, Range 11 west; thence, on due west line, 35.75 rods, more or less, to the intersection with the middle of Richland Creek; thence east and south along the middle of said creek to a point due south of the above-named northeast corner of said part; thence due north 22.42 rods, more or 1ess, to the abc•✓e-na��ed point, or point of beyinning, said lines forming or describiny a triangular plot of land containiny 1-1/2 acres of ground, more or 1ess; (b) Part of the west half of the southeast quarter of Section 11, Township 2 south, Range 11 west, and more particularly described as follows: Begin at a point in the east line of said half quarter 1,211.43 feet south of the northeast corner thereof; thence south along the east line thereof 289.93 feet to the center of Richland Creek as rebuilt by the State Highway at the time of construction of New Highway No. 41; thence south, 89 degrees 54 minutes west, 65 feet to Station 0+ 80; thence along a 17 degree 7 minutes 53 second curve to the right, 356.07 feet; thence north, 29 degrees 6 minutes west, 375 feet to a point 841.5 feet south of the north line of said half quarter; thence southeastwardly along the o1d Richland Creek center line to the place of beginning, and containing 3.3 acxes; SUBJECT to the riqht-of-way of U.S. Highway 41 anc: SUBJECT to the right-of-way of Farm Bureau Oil Company, Inc., for pipeline purposes. 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