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RECEIVED 8/9/2006 at 4:10 PM
000614 RECEIVING # 921117
BOOK: 629 PAGE: 614
JEANNE WAGNER
WARRANTY DEED LINCOLN COUNTY CLERK KEMM
, ERER, WY
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Rollin Gardner and Tami Gardner, husband and wife, of Afton, Lincoln County, Wyoming,
grantors, for and in consideration of TEN AND NO/100 DOLLARS ($10.00), and other valuable
considerations, in hand paid, receipt whereof is hereby acknowledged, CONVEY and WARRANT
to Russell Gardner and Trish Gardner, husband and wife, as tenants by the entireties, grantees,
of 223 Papworth Lane, Afton, WY 83110, the following described real estate, situate in Lincoln
County and State of Wyoming, hereby releasing and waiving all rights under and by virtue of the
homestead exemption laws of the State, to-wit ('the Land"):
Leqal Description of the Land
That part of the Lot 1 (NE%NE%) of Section 1, T31 N R119W, Lincoln County,
Wyoming, being all of that tract of record in the Office of the Clerk of Lincoln County
in Book 422 of Photostatic Records on page 882 and part of that tract of record in
said Office in Book 293 of Photostatic Records on page 442, described as follows:
BEGINNING at the northwest corner of said Lot 1;
thence SOoo-11'-21"E, 410.80 feet, along the west line of said Lot 1, to the southwest
point of said tract of record in Book 422;
thence continuing SOoo-11'-21 "E, 205.40 feet, to a point;
thence N89°-14'-54"E, 212.08 feet, parallel with the north line of said Lot 1, to a point;
thence NOoo-11'-21 "W, 205.40 feet, to the southeast point of said tract in Book 422;
thence continuing NOoo-11'-21"W, 410.80 feet, along the east line of said tract, to a
J spike at the northeast corner thereof, on the north line of said Lot 1;
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\, . thence S89°-14'-54"W, 212.08 feet, along the north line of said Lot 1, to the CORNER
\ OF BEGINNING;
ENCOMPASSING an area of 3.00 acres, more or less;
the BASE BEARING for this survey is the north line of the NE% of Section 1, T31 N
R119W, being N89°-14'-54"E;
SUBJECT to that easement of record in said Office in Book 160 of Photostatic
Records on page 112 for Papworth County Road No. 12-145;
eaèh "corner" found as described in the Corner Record filed or to be filed in the
Office of the Clerk of Lincoln County;
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each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL L TO AFTON WY PLS 5368", with appropriate
details;
each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" ,steel
reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL' L TO
AFTON WY PLS 5368", with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of
Lincoln County titled, "ROLLIN GARDNER AND TAM I GARDNER PLAT OF FAMILY
EXEMPT TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE E~NE%
E~SE% SECTION 1 T31 N R119W LINCOLN COUNTY, WYOMING", dated 18 July
2006, as revised.
SUBJECT TO THE FOLLOWING COVENANTS RUNNING WITH THE LAND
Grantors hereby declare that the Land shall be held, sold and conveyed subject to
the following perpetual restrictive covenants which shall run with the Land and be
binding on all parties having any right, title or interest in the Land or any part thereof,
and their heirs, successors, and assigns:
1. The land shall be used exclusively f<?r single-family residential purposes, and
no more than one family (including servants and transient guests) shall
occupy such residence.
2. The Land and any and all improvements from time to time located thereon
shall be maintained in good condition and repair.
3. No activities may be conducted on the Property other than those specifically
allowed in Paragraph 1 above.
4. No manufactured house, house trailer, mobile home, tent, teepee, shack or
similar facility or structure shall be kept, placed or maintained upon the Land
at any time. The terms "manufactured house", "house trailer" or "mobile
home" as used herein include, but are not limited to, any building or structure
with wheels and/or axles and any vehicle, used at any time, or constructed so
as to permit its being used for the transport thereof upon the public streets or
highways and constructed in a manner as to permit occupancy thereof as a
dwelling or sleeping place for one or more persons, and shall also mean any
such building, structure or vehicle, whether or not wheels and/or axles have
been removed, after such building, structure or vehicle has been placed
either temporarily or permanently upon a foundation.
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5. If any of these restrictive covenants are ever violated, either in whole or in
part, in addition to any other remedy provided by law, any person or persons
who is or are injured by such violation, may bring an action in court to enjoin
such violation, and if successful, recover all costs and expenses of doiMg so
including a reasonable attorney fee.
SUBJECT TO THE FOllOWING RIGHT OF FIRST REFUSAL OPTION
Grantors, for themselves and their heirs, successors and assigns, hereby reserve a
perpetual right of first refusal option with regard to the land. If at any time, Grantee,
its successors or assigns, shall receive a bona fide offer from a purchaser to
purchase the land, Grantee shall send Grantors written notice of the offer together
with a complete copy thereof indicating its intention to accept the offer. Grantors
shall have the right within thirty (30) days of receipt of the notice to exercise their
option to purchase the property at the price and on the terms set forth in the offer to
Grantee by sending to Grantee written notice of exercise of the option. Thereupon,
Grantors shall purchase the property according to the price, conditions and terms
set forth in the offer to Grantee.
ALSO SUBJECT TO all covenants, conditions, easements, exceptions, restrictions,
reservations and rights of way of sight or record.
THIS IS A FAMilY EXEMPTION CONVEYANCE UNDER W.S. 18-5-303(a)(i).
WITNESS our hands as of this 2nd day of August, 2006.
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Rollin Gardner
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Tami Gardner
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STATE OF WYOMING
ss.
COUNTY OF LINCOLN
The foregoing Warranty Deed was acknowledged before me by Rollin Gardner and Tami
Gardner, husband and wife, this .LJtI> day of August, 2006.
Witness my hand and official seal.
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NOTARY PUBLIC
My commission expires:
9-/6-07
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~ GLORIA K BYERS. NOTARY PUBLIC ~
County of 0:.' State of
Un coIn - Wyo'
~ My C· ,. mlng
· ommfsslon Expires Sept. 15, 2007
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