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Home My WebLink About927904 000449 Recording requested by: Samuel A. Clark III 3502 E. Tobler Rd. Hayden Lake, ID 63635 and when recorded, please return this deed and tax statements to: David L. Call & Janet L. Call P.O. Box 546 Atoka, TN 38004 RECEIVED 3/27/2007 at 10:40 AM RECEIVING # 927904 BOOK: 652 PAGE: 449 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Above reserved for official use onl WARRANTY DEED THE GRANTORS: Samuel A. Clark ill and Cara C Clark, married individuals whose address is 3502 E Tobler Rd, Hayden Lake, County of Kootenai, State of Idaho, FOR AND IN CONSIDERATION OF Ten dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby CONVEY and WARRANT to David L. Call and Janet L. Call ("Grantees"), whose address is P.O. Box 548, 717 Maple Hill Dr, Atoka, TN; County of Tipton, State of Tennessee the following described real estate situate in the County of Lincoln, State of Wyoming: An un-subdivided parcel of35.5 acres, more or less, located within the NE v.. of Section 5, T30N, R118W, Lincoln County, Wyoming, described in Exhibit "A" attached hereto. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described property unto the said Grantees, Grantee's heirs, administrators, executors, successors and/or assigns forever so that neither Grantors nor Grantor's heirs, administrators, executors, successors and/or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof except as otherwise provided in Exhibit "B" attached hereto; and any easements, covenants, restrictions, vacations, boundary adjustments, or life estate agreements of record. Grantor further WARRANTS and agrees to FOREVER DEFEND all and singular the roperty unto the said Grantees, Grantee's heirs, executors, administrators, successors and/or s, against every person whomsoever claming or to claim the same or any part thereof. ~ 6 UTEO IS a f , 0 0 ~ ~. -{J1ld4 .-/ Signature of Grantor """ " II ""'" ~\\\ ~~ CAR ://"" ~ -<..'\ .........../11~/~, '* f· .. r~ ;:... e. ~ $ ....., 0 T A ^l'\ ~ , ." 'T.-- - . . ~ = : : = - . . - - . . - ~ . . ~ S ~ .ð : ! ~ .... lISL\C"" § ~ tPi··· .... ~ "%'1¡-;'" ...... 'J-.0# ~III ' OF \O~ ~\\~ ://'1111 , III U'\\\\: Cara C, Clark 1 O~27904 State of Idaho County of Kootenai ) ss 000450 The foregoing instrument was acknowledged before me by_?:otr<'\vel C-\c.ý~ Änd (1,4((.' (1 lor 1'\ (I) , this t(J.\1" day of ffiClrl' h ,20.03:, Witness my hand and official seal. ~\\\\\"""ltllll. ~,,\'i....\ ~ CAF/A/111/. §- ,\\\~......_:v~J~' .$" _.-(-=>eal) "0 r ~ .... - T . ~ § ........\. 0 A 1/ 1_"'. ~ .:: :'\' r" ~ - . " .... :: : : ;: Š \ ..My commissiøn ~pires on -;:. '. PïUB' ~ . ... ~. ~- '\ .' ~ ~ .00. '.' ~ ~ U·)o.·' '"' " ~ 'Ll';'·'., ·~v" "/'/;'1(:',",:, ,..,"Y\,," II11 \,,I¡" , \\\ //JIII'U'.\\ ---'7£8 VV\ L~<~, Signaturé of Notary Public 1\ {'Ç¡ {f)'Î CaVAe,-/; Printed Name f Notary r¡. I~ ,20-La.... 2 , O~;:;~¡ 90'k ~;u- '//' 000451 DESCRIPTION OF STAYNER W. CALL UNSUBDIVIDED LAND AS OF JANUARY 13, 1993, BASED ON DIMENSIONS OF RECORD AS SHOWN ON AN ADVANCE PLAT DATED 10/27/92, PREPARED BY MARLOWE A. SCHERBEL, AND ENTITLED "STAYNER W. CALL PLAT OF TRACTS WITHIN THE NE~ OF SECTION 5, T30N, Rl18W, LINCOLN COUNTY, WYOMING". Beginning at a point on the East boundary line of the NE~ of Section 5, T30N, Rl18W, Lincoln County, Wyoming, said beginning point being N 00018'00" E, 227.45 feet from the E~ corner of said Section 5, and running thence N 00018'00" E, 1137.98 feet, more or less, to the NE corner of the SE~NE~ of said Section 5 (said E~ coOner and NE corner being identified by existing survey markers); thence N 89 [,2' 42" W, 1309.76 fee t, more or less, along the North boundary line of said ~I~!¡;~E!¡;, to the NW corner of said SVJr,Nl:":~, (said NW corner being identified by an eX1S t1ng survey marker); thence N 00°17' 46" ~v, 122.47 feet, more or' less, to a survey marker; thence N 89057~371' W, 349.26 feet, more or iess, to 'a survey marker (marking the East boundary line of Call Lane of the Call Subdivision); thence continuing,N 89°57'37" W, across said Call Lane, 30.46 feet, more or less, to the West boundary line of said Call Lane; thence S 70~2'461' W, 121.75 feet, more or less, along said West boundary line to a survey marker; thence (contin- uing along the West boundary line of said Call Lane) S 12028'07" W, 153.86 feet,' more or less, to a survey marker marking a NW corner of Lot 1 of said Call Sub- division; thence N 89050"381.1 E, 63.10 feet, more or less, along the North bouQdary line of said Lot 1, to a survey marker marking a NE corner of said Lot 1, in the West boundary line of said Call Lane; thence (continuing along the ~est boundary line of Call Lane and East boundary line of said Lot 1) S 33059'02" E, 118.81 feet, more or less, to a survey marker iuthe East boundary line of said Lot 1 and West boundary line of Call Lane; thence, (continuing along the East boundary line of said Lot 1 and West boundary line of Call Lane, S 9035~54" E, 57.~1 feet, more or less, to the intersection of a SE corner of said Lot 1 with the NE corner of Lot 2 of said subdivision) said intersection being on tile West boundary of Call Lane; thence S 50l3'L,3" W, 52.42 feet, more or less, to a survey marker in the West boundary line of said Call Lane and East boundary line of said Lot 2; thence (continuing along said West boundary line of Call Lane and East boundary line of said Lot 2) S 7051'23" W, 51.87 feet, more or less, to a survey marker (said survey marker being the NH ',corner of Lot 3, fiów vacated, of said subdi~ision); thençe, continuing along the West boundary line of Call Lane and East boundary line of Lot 2, 52.2 feet, more or less, to a survey marker in an existing fence line (said fence line marking the North boundary line of the Steve T. Hardesty and Monte D. Matheson properties); thence S 60°40.2' E, along said existing fence line and across Call Lane to thè Eäst boundary line of Call Lane, 64.57 feet, more or less, to a survey marker in said fence line, thence S 56058.1' E, 25.74 feet, more or less, to a survey marker in said fence line. th..ence (continuing ~long said fence line) S 50°32.9" E, more 01" less ö 141.42 feet,/to-a survey ¡barker, thence S 50 26.1' E, 382.62 feet, more or less, to a survey marker, thence S 50011.0' E, 420.79 feet, more or less, to a survey marker and fence corner, thence S 31018.1' E, 101.68 feet, more or less, to a survey marker and fence cornerò thence S 43°48.1' E, 72.72 feet, more or,less, to a fence corner, thence S 00 50.2' W, 71.45 feet, more or less, to a fence corner intersecting a curve on a boundary line of Lot 6 of the Call Subdivision (said curve having a radius of 66.34 feet and said point of intersection being ~7.56 feet, mea§¥fjd ~long_ said c~rve, fro~ the SW corner 0: said L07 6); thence, J.n a northeas t/cTirectJ.on ;.110ng saJ.d curve 1n the boundary lJ.ne of saJ.d Lot 6, 56.19 feet, more or less, to a survey marker in the West boundary line of said Lot 6, thence North 00050'11" E, along said West boundary line of Lot 6, 348.51 feet, more or less, to a ::,urvey marker in the NW corner of said Lot 6 (said NW corner also being a point in the South boundary line of the Cottonwood Heights service road); thence, running along the North bounàary line of Lot 6 and South boundary line of said Cottonwood Heights road, S 58 46"58" E, 28.52 feet, more or less, to a survey marker, thence S 88018'31" E, 97.98 feet, more or less, to a survey marker, thsnce S 76018'01" E, 216.35 feet, more or less, to a survey marker, thence S 44 32' 10" E, 91.12 feet, more or less, to a-. survey marker, (said survev marker being in a bend of the Cottonwood Heights servics road), thence, continuing along the North boundary line of said Lot 6~ S 76 00'04" E, 261.41 feet, more or less, to a survey marker in the NE corner of said Lot 6 and East boundary line of the NE~ of Section 5, T30N, Rl18W, Lincoln County, Wyoming, and point of beginning, consisting of3~S-1 acres, more or less. él.rh ït;{"fJ " 000452 0927904 I PURCHASE AND LIFE ESTATE AGREEMENT WHEREAS: It is the desire of Stayner and Reita Call to maintain and continue a family home, and WHEREAS: It is the desire of Sam and Cara Clark to honor their parents desire to maintain a family home and to provide for their parents a life estate, THEREFORE: This agreement, made and entered into as of the 1st day of April, 1993, between STAYNER W. CALL and REITA L. CALL, husband and wife, of Smoot, Lincoln County, Wyoming (mailing address: P. O. Box 490, Afton, Wyoming 83110), herein referred to as "Sellers", and SAMUEL A. CLARK III and CARA C. CLAm<, husband and wife, of Kennewick, Benton County, Washington (mailing address: 1203 West 21st Avenue, Kennewick, Washington) herein referred to as "Buyers", WITNESSETH: 1. That the sellers have, as of the 1st day of April, 1993, sold to the buyers under certain conditions as evidenced by a Warranty Deed, the following described real property, situated in the County of Lincoln, State of Wyoming, to-wit: All that 35.54 acre tract of land, together with improve- ments located thereon, described on the Exhibit "A" attached to the Warranty Deed of even date herewith, and subject to the Life Estate and other reservations and conditions described in said Warranty Deed. 2. That as a consideration for the sale to the above named buyers it is understood and agreed by the parties hereto that the sellers conveyance of the property to the buyers, under the terms and conditions of such acqui- sition by buyers, is for the sole purpose, during the lifetime of the sellers, or last surviving seller, of providing a home site for sellers own use and occupancy, and for any other legal use of the sellers" choosing, providing that such use in no way jeopardized the buyers' interest in the property or in any other way causes the buyers to incur any financial or legal liabilities, except as may be mutually agreed to by the parties in writing to the creation of any such encumbrances or liabilities. The sellers agree to hold the buyers harmless from any claims, legal actions or liabilities resulting from the sellers' occupancy and use of the herein described property, except as provided - 1 - ® 03Z~ï 90"* 000453 for in this agreement. The buyers agree, without reservation, to preserve " and protect the sellers' right of Occupancy and legal use of the property as long as either seller shall live, or until such time as the sellers or sur- viving seller relinquishes that right in writing of their own volition. . 3. Upon the death of the last surviving seller or the relinquishment of the sellers' occupancy rights as herein provided, the buyers shall be con- sidered free to own, manage, or dispose of the described property as they may see fit, and to henceforth retain all proceeds therefrom for their own use, except as herein provided or restricted. The term "property" with respect to the buyers' rights after the deaths of the sellers shall mean the real property as described herein and all improvements made to or placed upon said real property, either before or after the effective date of this agreement, which shall be the same date as this agreement is signed by the parties and the deed is delivered to the buyers by the sellers. 4. Also, that as a consideration for said sale to the above-named buyers, the sellers, during their lifetimes, will have the right to repurchase the described property and improvements at the same price paid for the property by the buyers, plus the cost of any improvements made by the buyers, and any other required expenses incurred by the buyers during the period in which the buyers hold title to the described property. Such other expenses may include, but not be limited to, taxes, assessments, fees, liens, interest, and legal costs associated with the buyers' ownership of the described property. If the sellers should exercise this repurchase option, interest at the rate of ten percent (10%) per year, compounded annually, will be due to the buyers on the total amount due. Such interest payment will be c9mþ'ùted frQ~ tþe date 9f the signing of this agreement and the delivery of the deed to the buyers by the sellers 5. Finally, as an additional consideration for said sale to the above- named buyers, if, after the death of the last surviving seller, the buyers choose to sell, trade, or otherwise dispose of the described property and any improvements, the natural children of the sellers (either individually or collectively) will be offered first option and right of refusal to purchase the described property from the buyers under the same terms and conditions as des- cribed in Section 4 of the foregoing concerning the repurchase of the property by the sellers from the buyers, and subject to the restriction that the property will be for the use of the natural children's own family, and sale of such - 2 - ® 0927 90'~ 000454 property by such natural children would remain subject to the same terms and conditions as: described in Section 4. Notice of intent to exercise first option and right of refusal must be delivered to the buyers within thirty (30) days of receiving notice from the buyers of the buyers' intent to dispose of the described property, and exercised within an additional 90 days. 6. The terms of this agreement shall be binding upon the sellers, their heirs, and assigns, and upon the buyers, their heirs'~nd assigns, and shall be considered as a covenant against the title to the described property until all terms, provisions, or restrictions contained herein have been fully discharged. 7. All notices from the buyers to the sellers, or from the buyers to other interested parties as herein specified, or from the sellers to the buyers, shall be by certified mail, with return receipt requested, addressed to the parties at their last known addresses, unless the need for such notice has been waived in writing by the party to whom the notice is to be sent. Dated as of the 1st day of April, 1993. ~Júl ~, -G l1ùJJ Cara C. Clark STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Stayner W. Call and Reita L. Call, husband and wife, XHHK~~~XOCOOOC~~KL EIKXk¡XKKKKKKNXXKNXNlfK¡ this 22nd day of April , 1993. official seal. ~ - /1-:10 - 3 - ® 092790~ C00455 STATE OF WYOMING COUNTY OF LINCOLN :' ss. The foregoing instrument was acknowledged before me by Samuel A. Clark III and Cara C. Clark, husband and wife, this .tjWt..d , 1993. Witness my hand and official seal. L Á/ of , My (.¡..\.._...~ ~.J'~~ ~.......,'Þ~V ~,,~,._ '1 ,.J!. ' , - 4 - ®