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RECEIVED 8/9/2006 at 4.:1.1 PM
RECEIVING # 921118
BOOK: 629 PAGE: 618
JEANNE WAGÑER
LINCOLN COUNTY CLERK. KEMMERER, WY
ASSIGNMENT OF OPTIONEE'S INTEREST
UNDER RIGHT OF FIRST REFUSAL OPTION 00061.8
Assignment of Optionee's Interest under Right of First Refusal Option ("Assignment") made
August 3, 2006, by and between Rollin Gardner and Tami Gardner, husband and wife, of PO Box
608, Afton, WY 83110 ("Gardner"), and MB Star Holdings LLC, a Utah Limited Liability Company
("MB Star Holdings"), of 4756 Spring Meadow Circle, Bountiful, UT 84010.
RECITALS
1. By a warranty deed dated August 2, 2006, Gardner as grantors conveyed certain
real property located near Afton, Lincoln County, Wyoming ("the property"), to Russell Gardner
and Trish Gardner, husband and wife, as grantees. In that deed, Gardner reserved a Right of
First Refusal Option ("the Option") exercisable in the event that grantees receive an offer to
purchase the property, the terms of which are incorporated herein by this reference. The Option is
perpetual and binds and inures to the benefit of the parties' heirs, successors in interest, and
assigns. The warranty deed is recorded in the office of the Lincoln County Clerk immediately
before this Assignment. The real property is more particularly described as follows:
That part of the Lot 1 (NEXNEX) 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,o-14'-54"E, 212.08 feet, parallel with the north line of said Lot 1, to a point;
thence NOO° -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
spike at the northeast corner thereof, on the north line of said Lot 1;
thehce 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;
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the BASE BEARING for this survey is the north line of the NEX of Section 1, T31 N
R119W, being N89°-14'-54"E;
SUBJECT to that easement of record in said Office in Book 160 of Photo&tatic
Records on page 112 for Papworth County Road No. 12-145; ,
each "corner" found as described in the Corner Record filed or to be filed in the
Office of the Clerk of Lincoln County;
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 TAMI GARDNER PLAT OF FAMILY
EXEMPT TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE EY:!NEX
EY:!SEX SECTION 1 T31N R119W LINCOLN COUNTY, WYOMING", dated 18 July
2006, as revised.
2. In connection with the sale and conveyance of certain other real estate to MB Star
HOldings that is adjacent to the property, Gardner will assign the Option to MB Star Holdings.
NOW THEREFORE, in consideration of the mutual covenants herein set forth, the parties
agree as follows:
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1. Gardner hereby assigns to MB Star Holdings all of their right, title and interest in and
to the Option including without limitation the right to exercise the option should an offer to purchase
the property ever be submitted.
2. This Assignment is made subject to all of the terms, conditions and covenants
governing the Option.
IN WITNESS WHEREOF, Rollin Gardner and Tami Gardner have executed this
Assignment as of the day and year first above written.
2
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Tami Gardner
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
The foregoing Assignment of Optionee's Interest Under Right of First Refusal Option was
acknowledged before me by Rollin Gardner and Tami Gardner, husband and wife, this 40
day of August, 2006.
Witness my hand and official seal.
~~~M~
NOTARY PUBLIC
My Commission Expires:
9-1b" -07
GLORIA K. BYERS - NOTARY PUBLIC
County of .
. ~~\ State of
Uncoln W.
M .." yomlng
Y CommIssIon Expires Sept. 15, 2007
3