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HomeMy WebLinkAbout915811 50a44 .-........................'"'"':.~ _.. ,'. . _'"-........~.'u _,....... ..".. "'" i ", l"'''''-'''':-"·\~,:",·"",,, ' ......-"................... ..~~ n..'."'^":..,...........,_.....' ......,""............~._...' " t'nr6" 8 ....,1 ·".i \,. #.1.. ®\~ ...,..,.- RIGHT OF FIRST REFUSAL OPTION Right of First Refusal Option granted by First National Bank - West, a national banking association ("First National"), of PO Box 6003, Evanston, WY 82931-6003, to Hunsaker Development LLC, a Wyoming limited liability company ("Hunsaker"), of PO Box 817, Afton, WY 83110. For valuable consideration the receipt whereof First National acknowledges, and also in consideration of the promises and conditions hereinafter contained, the parties agree as follows: 1. Convevance of property. The parties understand and agree that by a warranty deed of even date Hunsaker has conveyed to First National the following described real property located in Lincoln County, Wyoming ("the property"): b Lot 717 of Lakeview Estates, 11th Addition to the Town of Alpine, Lincoln County, Wyoming, according to that plat thereof filed November 9, 2005, in the Office of the Lincoln County Clerk as Plat No. 250-H. 2. Option parcel. The parties understand and agree that the property is the option parcel and that if First National ever receives an offer to purchase the property from a party other than a bank or other financial institution duly licensed by the United States or the State of Wyoming Hunsaker shall have a right of first refusal option to purchase the property for the price and on the terms set forth in such offer. 3, Riqht of first refusal. If at any time on or before December 31, 2030, First National shall receive a bona fide offer from a purchaser other than a bank or other financial institution duly licensed by the United States or the State of Wyoming to purchase the above-described property, First National shall send Hunsaker written notice of the offer together with a complete copy thereof indicating its intention to accept the offer. Hunsaker shall have the right within thirty (30) days of receipt of the notice to exercise it,s option to purchase the property at the price and on the terms, set forth in the offer to First National by sending written notice of exercise of the option. Thereupon, Hunsaker shall purchase the property according to the price, conditions and terms set forth in the offer to First National. This option shall terminate on December 31, 2030. ECEtvED 216/2006 at 3:11 PM R RECEIVING # 915811 PAGE: 618 BOOK 611 NER . JEANNE WAG wY LINCOLN COUNTY CLERK, KEMMERER, r!:::::~:::~~::::~::. ---- -" .'~ Q:.~.:f:.~."~.~.~~:¡ -t¡_~t~".", ,"i~~~è!!! :;i¡*~~::~::::::::: P:::~!~~:~::;::~:: ~~;iirj:i1~:mg~m~~¡~ . ·:..:.,r,..~~~...&ét'¡·..!I-,,".","·_i''''',,;.i....i I.....L.... ;~.......· <: .",""i.'" - .'''~:'~~.:.ä!:';;::''''...: ~-.;. ...;... ,. ,','" ...·.:C.;I;.;.....:. "', . ..-J' ':-'1r'1;.'>': ";'¡,...":ôo.. . ',' "I. ,'~ '_':,'.::: "~.';. ..,..,.. , ...... r ...~~ C', ,¡:- sf' ~ 8'~ .. 0,:'.. .2..1î ::L.... I"\('n""g :.' ~...., \.. ' V .. 5. Assiqnment. All rights of Hunsaker hereunder are assignable only with the prior written consent of First National. 6. Entire aqreement. This option constitutes the entire agreement between the parties. No representations, warranties or promises pertaining to this option or any property affected by this option have been made by, or shall be binding on, any of the parties, except as expressly stated in this option. This option may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any change is sought. 7. Notices. Any notice or demand under this option shall be by registered or certified mail, sent to the parties at the addresses given above or subsequently provided in writing. 8. Construction. The interpretation, construction and performance of this option shall be governed by the laws of the State of Wyoming. 9. Benefit. Except as restricted by this option, this option shall inure to the benefit of, and shall bind, the heirs, successors and assigns of the respective parties. 10. Time of the essence. Time is of the essence of this agreement. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Right of First Refusal Option as of the 13th day of January, 2006. First National Bank - West By Hunsaker Development LLC, Seller t fè:\ ~ BY'~\»~ . Eddie O. Hunsake I Manager 2 ",~!;,... i¡~t~!t.",;) :rl !,' ~",'ì'i,,,,,,:, , ·' . . . .......~..-._.... - ., ........ .. " ..........-.... ,,~".~ c-~1:11 ~J._>..;..JlO STATE OF WYOMING COUNTY OF l h'rrtcx ss. On this , \ , day of feko...rq" , 2006, before me personally appeared Michael Seppala, to me personally known, who, being by me duly sworn, did say that he is the President of First National Bank - West, a national banking association, described in and which executed the foregoing instrument; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and said Michael Seppala acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and notarial seal the day and year first above written in this certificate. ERIKA D. GEORGE· NOTARY PUBLIC Sla180' Wyoming County of Uinll Mw CcImI'ÑI'ÍDII Eapir.. June t, 200t .~ hh £\ N~~R NOTARY PUBLI My commission expires: JlX\e <1, ?roo.. STATE OF WYOMING 5S. COUNTY OF LINCOLN On this 13th day of January, 2006, before me personally appeared Eddie O. Hunsaker and John E. Hunsaker, to me personally known, who, being by me duly sworn, did say that they are the Managers of Hunsaker Development LLC, a Wyoming limited liability company, described in and which executed the foregoing instrument; and that said instrument was signed in behalf of said limited liability company by authority of its Operating Agreement and members; and said Eddie O. Hunsaker and John E. Hunsaker acknowledged said instrument to be the free act and deed of said limited liability company. Given under my hand and notarial seal the day and year first above written in this certificate. GERALD L. GOULDING - NOTA~Y PUBUC County 01.A State .of Uncoln VW Wyoming My Commission Expires May 2, 2007 Æ~~~ NOTARY PUBLI . My commission expires: May 2,2007. 3 ¡l:~~f.';;:~~:::!:~~;:1 . 1'.· j¡·IJ_·t·.fO:~i'; ..¡~"..~ . '~.i- ~~~f?;~f2:(j'