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~:00866
GRANT OF USE RESTRICTION
KNOW ALL ME~'¡ BY THESE PRESENTS:
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THAT ROCKET FUELS, INC., the owner of the property described on the attached
Exhibit A (the "Property"), which is incorporated herein by reference, in consideration of the
sum of Ten Dollar~ ($10.00) and other good and valuable consideration, the receipt of which is
hereby acknowledged, and the purchase of the undersigned's business pursuant to an Agreement
for Purchase and Sale of Assets of even date herewith (the "Purchase Agreement"), does hereby
restrict the use of the Property (as described herein) for a period of ten (10) years trom the date
hereof, and grants, bargains, sells and conveys unto HERITAGE OPERATING, L.P., a Delaware
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limited partnership ("Heritage"), and to its successu.s and assigns, the right to restrict the use of
the Property such that no use will be made of the PrJperty for the storage, sale or dispensing of
liquefied petroleum gas, propane, butane, or simila.f petroleum products (the "Restriction"). This
Restriction shall be in effect for a period often (10) years trom and after the date hereof.
The undersigned agrees that the covenants contained in this document, relate to matters
which are of special and unique character which give Heritage peculiar value impossible of
replacement, and for the lack of which Heritage can.:lOt be reasonably or adequately compensated
in damages. Heritage would not enter into the Pur phase Agreement except for the covenant of
the undersigned as contained herein, and if any of the undersigned should breach this document,
Heritage's damages will be difficult to determine, i[not impossible to determine. Therefore, the
undersigned expressly agrees that, in addition to the right to recover damages, Heritage shall be
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entitled to injunctive, and/or equitable r~lief to prevent a breach hereof, and to secure the
enforcement hereo;f. The undersigned acknowledge that the covenants contained in this
document are reasonably necessary for the protection of Heritage's business acquired pursuant to
the Purchase Agree!!lent.
DATED this 15th day of September, 2005.
RECEIVED 10/3/2005 at 11 :45 AM
RECEIVING # 912402
BOOK: 599 PAGE: 866
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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";00867
State of WYOMING )
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County of LINCOLN )
Before me, the undersigned, a Notary Public in and for said County and State, on this
15th day of September, 2005, personally appeared ROMAN C. PIERNICK, to me known to be
the identical person who subscribed the name of Rocket Fuels, Inc. to the foregoing instrument
as its President, and he acknowledged to me that he executed the same as his free and voluntary
act and deed, and as the free and voluntary act and deed of such corporation, for the uses and
purposes therein set forth.
Given under my hand and seal of office the day and year last above written.
My co:;:. ission E'. xpires:
05/D9
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C .. N b . KAY LYNN PICERNO - NOTARY PUBlIC
omrnrSStOn urn er
COUNT'! OF STfi
SUBLE.TTE 'NY MING
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00868
EXHIBIT A
A parcel ofland within the SÉ1/4 SWll4 of Section 14, T26N, R113W of the 6th P.M.,
Lincoln County~ Wyoming, and also being part of that particular parcel of land conveyed by
warranty deed ITom P.S.F. Limited Liability Company to Dennis Hacklin and J. W. Haney as
recorded in Book 398PR on page 276 on file in the Lincoln County Clerk's Office in Kemmerer,
Wyoming, and being more particularly descried as follows:
Commencing at the center _ comer of Section 14, T26N, Rl13W, 6th P.M., where is
found a reddish stone approximately 19 inches longny 8 inches wide by 6-1/2 inches protruding
ITom the ground with SS chiseled on the east face a.j an "X" chiseled on the top face;
Thence S 0° 01 '00" W, along the north line of the SE1/4 SWll4 of said Section 14, a
distance of 138.45 feet to a point, said point is at the centerline of Lincoln County Road 12-315
and is the point of beginning of this description;
Thence continuing along the north line of sE1/4 SWII4 of said Section 14, a distance of
190.12 feet to a 1-1/2 inch aluminum cap stamped CCl PELS-574, with a punch mark near its
center, said point being on the right of way line of Lincoln County Road 12-315;
Thence S89° 54'27" W, continuing along the north line of the SE1/4 SW1/4, a distance
of 487.69 feet to a rebar with an aluminum cap stamped CCl, PELS 5465;
Thence S 0° 20'39" W, a distance of 326.89 feet.to appoint on the northerly right of way
line of Lincoln County Road 12-315;
Thence continuing S 0° 20'39" W, a distance of 60.43 feet to the centerline of Lincoln
County Road 12-315;
Thence N 56° 12'31" E, along centerline of Lincoln County Road 12-315, a distance of
698.10 feet to the point of beginning.
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