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RECEIVED 10/18/2005 at 3:58 PM
RECEIVING # 912915
BOOK: 601 PAGE: 613
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
I'mmKD 1~55~49 -QUITCLAIM DEED
(Rev. 1-02)
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UNITED STATES DEPARTMENT OF AGRICULTURE
Position 5
The UNITED STATES OF AMERICA, CONVEYS and QUITCLAIMS to
Roger A. Schanzenbach, Grantee, for the sum of$10,500.00, all interest in the following described real estate
situated in the County or Parish of Lincoln County, State of Wyoming, to-wit:
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A portion of Lot 2 of Block 9 of the Lincoln Heights 4th Subdivision to the City of
Kemmerer, Lincoln County, Wyoming, being more particularly described as follows:
Beginning at the NW corner of said Lot 2, Block 9 of said subdivision, said corner being on
the Northerly line of said subdivision, thence South 168.30 feet along the Westerly line of
said Lot 2 to the SW corner of said Lot 2, said corner being on the Northerly line of Garnet
Street, thence Southeasterly along an arc of a curve to the right 53.03 feet, said curve having
a radius of 389.65 feet and a central angle of 7 degrees 47 minutes 54 seconds, thence North
182.68 feet to a point on the Northerly line of said Lincoln Heights 4th Subdivision, thence
West 51.00 feet along the Northerly line of said subdivision to the point of beginning.
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Pursuant to Section 510(e) of the Housing Act of 1949, as amended, 42 U.S.c. 1480(3), the purchaser ('Grantee'
herein) of the above described property ('subject property' herein) covenants and agrees with the United States
acting by and through the U.S. Department of Agriculture Rural Housing Service or its successor Agency ('Grantor'
herein) that the dwelling unit located on the subject property as of the date of this quitclaim deed will not be
occupied or used for residential purposes until the item(s) listed at the end of this paragraph have been
accomplished. Thís covenant shall be binding on Grantee and Grantee's heirs, assigns and successors and will be
construed as both a covenant running with the subject property and as equitable servitude. Thís covenant will be
enforceable by the United States in any court of competent jurisdiction. When the existing dwelling unit on the
subject property complies with the aforementioned standards of the U.S. Department of Agriculture injacbordance
with its regulations, the subject property may be released from the effect ofthís covenant and the covenant will
thereafter be of no further force or effect. The property must be repaired as follows:
1. Stabilize and re-grade the existing ground contour in accordance with the engineer's report dated January
14,2005. Adequate provisions must be provided for the control and drainage of storm and roof run-off
water in and around the front and sides of the building. Additional fill material needs to be hauled in to re-
grade the drainage away from the structure. A positive gradient must be provided for at least 10 feet in all
directions from all foundation walls. Install rain guttering, down spouts, and splash blocks to divert all
the run-off away from all building foundations.
2. The wooden deck located along the north side of the structure is some 9 feet above the ground level and is
showing signs of support and deck failure. The deck and stairway which serves as a secondary means of
emergency egress for the kitchen needs to be removed and replaced to provide a safe and adequate means
of egress from the rear entry door, once the foundation has been stabilized per item number 4 below.
3. Ground fault circuit interrupter (GFCI) receptacles need to be installed in the kitchen, bathroom and near
the laundry area in the basement.
4. The foundation needs to be stabilized by either drilling in caissons or helical piers along the east half of the
house in accordance with the engineer's report. A foundation plan evidencing the depth and placement of
caissons or helical piers along with sections and details of all critical construction points, fastening systems,
anchorage methods, and/or special structural items is required. A copy of the plans with the seal of the
structural engineer responsible for the design needs to be provided to Rural Development.
5. The basement floor has heaved due to the expanding sub grade and needs to be removed and replaced in
kind.
6. The wood stove is in the process of being inspected by the Fire Chief. The wood stove needs to be certified
as functioning, safe, and operational and/or repaired and re-inspected by the Fire Chíefs per the referenced
inspection report.
7. The slope of the lot to the north from the north side attached porch is severe and could prove to be a safety
hazard to small chíldren if1eft unattended. A fence should be installed behínd the home to prevent injury.
The fencing materials need to be designed in accordance with the local building department requirements
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and the recorded subdivision covenants. A copy of the building permit and subdivision covenants needs to
be provided to Rural Development.
8. Re-secure all loose floor and rim joist batt insulation in the basement. Replace all tom or damaged batt
insulation as necessary. The R-value of the insulation must be incompliance with the Thermal Performance
Standards of Ex. D ofRD Instruction 1924-A.
The structure must be inspected and certified as being in compliance with Rural Development, State and local
building structural standards, as they apply to existing dwellings. The Grantee is responsible for scheduling and
coordinating all required inspections with the appropriate entities.
A licensed building official, engineer, electrician, heating contractor, home builder/general contractor, home
inspector, pest control specialist, plumber, and/or plan reviewer certified by a National Model Code organization
must inspect and certify the structure meets all relevant codes according to their respective expertise. This applies to
all relevant structural criteria, plumbing, water and sewage, heating, thermal, and electrical systems as being in
compliance with State and local building standards, as they apply to existing dwellings. The structure must be
inspected and certified by a licensed pest exterminator as being void of termites and other pests. A licensed
structural engineer must inspect and certify that the structure has been re-stabilized in accordance with approved
plans and specifications and that the dwelling is structurally sound.
For the deed restrictions to be removed, the purchaser must provide the u.s. Department of Agriculture, Rural
Housing Service, with copies of the above referenced inspections and certifications. These must be delivered to the
U.S. Department of Agriculture, 625 Washington Street, Room B, P.O. Box 190, Afton, WY 83110-0190. Inquires
may be referred to 307-886-9001, extension 4.
This deed is executed and delivered pursuant to the provision of an offer dated September 30. 2005.
No member of Congress shall be admitted to any share or part of the deed or to any benefit that
may arise therefrom.
I
Dated October 5th, in the year 2005.
By
DEL TINSLEY, State Director
Rural Housin!!: Service
United States Department of Agriculture
In the presence of:
ACKNOWLEDGMENT
STATE OF WYOMING)
COUNTY OF Natrona) SS:
The foregoing instrument was acknowledged before me by DEL TINSLEY, personally known to me as State
Director, Rural Housing Service, United States Department of Agriculture, this 5th day of October, 2005.
Witness my hand and official seaL
Form RD 1955-49
(Rev. 1-02)
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