HomeMy WebLinkAbout921122
000630
RECEIVED 8/9/2006 at 4:15 PM
RECEIVING # 921122
BOOK: 629 PAGE: 630
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
ASSIGNMENT OF OPTIONEE'S INTEREST
UNDER RIGHT OF FIRST REFUSAL OPTION
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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 Rulon Gardner, a
single man, as grantee. In that deed, Gardner reserved a Right of First Refusal Option ("the
Option") exercisable in the event that grantee receives 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 SE~SE~ of Section 1, T31 N R119W, Lincoln County, Wyoming,
being part of that tract of record in the Office of the Clerk of Lincoln County in Book
293 of Photostatic Records on page 442, described as follows:
BEGINNING at the southwest corner of said SE~SE~;
thence NOoo-13'-36"W 410.80 feet, along the west line of said SE~SE~, to a point;
thence N89°-04'-28"E, 212.08 feet, parallel with the south line of said SE~SE~, to a
7 l point;
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i 4 thence SOoo-13'-36"E, 410.80 feet, parallel with the west line of said SE~SE~, to a
point on said south line;
thence S89°-04'-28"W, 212.08 feet, along the south line of said SE~SE~, to the
CORNER OF BEGINNING;
ENCOMPASSING an area of 2.00 acres, more or less;
thê 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 an easement for State Highway 236;
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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 TD 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 TD
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, "ROLLlN GARDNER AND TAM I GARDNER PLAT OF FAMILY
EXEMPT TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE E~NE%
E~SE% 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.
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Rollin Gardner
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Tami Gardner
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STATE OF WYOMING
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COUNTY OF LINCOLN
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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 .LJ.ii>
day of August, 2006.
Witness my hand and official seal.
~/I~
NOTARY PUBLIC
My Commission Expires:
9-/6-07
3
GLORIA K BYERS. NOTARY PUBLIC
CL~untY, of ~ State of
meon ~ Wyo.
My CommIssIon ¿'PIres Sept. :1,;007