HomeMy WebLinkAbout932697
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000748
NOTICE OF FILING OF DIVORCE DECREE
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
I, Jack D. Edwards, being oflawfu1 age, hereby state and allege the following:
1. I am attorney in the office of LUTHI & VOYLES, LLC and represent Becky Kinsey
Clark ("Ms. Clark") in CV-2006-159-DC in the District Court of Lincoln County, Wyoming (the
"Divorce").
2. In the Divorce, Ms. Clark was divorced ffom Shane Kenneth Clark as indicated on the
attached Divorce Decree, Marital Settlement Agreement and Addendum to the Marital Settlement
Agreement (hereinafter collectively referred to as the "Decree") certified copies of which are
attached hereto and incorporated by this reference.
;
ij
3.
In the Decree, the parties' jointly held real property was identified and divided in the
Addendum to the Marital Settlement Agreement (hereinafter referred to as the "Agreement").
4. Specifically, Becky Kinsey Clark was awarded the property identified as
"Description: Clark 587-826 Exhibit A Remaining" marked as Exhibit 1 to the Agreement, which
shall be her sole and separate property from the date of this filing.
5. Shane Kenneth Clark was awarded the property identified as "Description: Clark
Homesite" marked as Exhibit 2 to the Agreement and the property identified as "Description: Shane
Clark South Parcel" marked as Exhibit 3 to the Agreement, both of which shall be his sole and
separate property as of the date of this filing.
~p.ffkPH~
Jack D. Edwards
LUTHI & VOYLES, LLC
P.O. Box 820
Thayne, WY 83127
Tel. (307) 883-7887
Fax (307) 883-7889
Attorney for Becky Kinsey Chl.rk
RECEIVED 8/31/2007 at 1:13 PM
RECEIVING # 932697
BOOK: 670 PAGE: 748
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CLARK v. CLARK
CV-2006-159-DC
NOTICE OF FILING OF DIVORCE DECREE
PAGE 1 OF2
000749
/1171/1
The foregoing instrument was acknowledged before me this ~ day of August
2007, by Jack D. Edwards.
CH~~~;~~:D~:~;;;~~:CiID ,.mil )l/lk +~
LINCOLN WYOMING ~ARY P~C
MY COMMISSION EXPIRES 04/30/2009
~~
.
My Commission Expires: Lf - j¿)u~
CLARK v. CLARK
NOTICE OF FILING OF DIVORCE DECREE
CV -2006-159-DC
PAGE 2 OF 2
000750
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
Shane Kenneth Clark,
Plaintiff,
)
)
)
)
)
)
)
)
)
)
CV-2006-159-DC
vs.
Becky Kinsey Clark,
Defendant.
DECREE OF DIVORCE
TIDS MATTER, having come on duly and regularly for trial before this Court, sitting
without ajury, upon the Complaint of the P1aintiffherein filed; the Plaintiff, pursuant to local court
rule, having submitted an Affidavit containing the statements necessary to support a prima facie case
for divorce, and the Defendant, having entered her appearance before the Court and waived her
appearance and notice of time and place of trial; the Court having read the testimony and having
examined the records of the case and the proofs offered, finds:
1. The Plaintiff filed for Divorce on or about August 18, 2006.
2. That the Defendant was served with Summons and Complaint and properly filed a
Waiver of Service on August 22,2006.
3. That the Plaintiff is now and has been a bona fide resident of the County of Lincoln,
State of Wyoming, for a period of more than sixty (60) days immediately preceding the filing of this
Complaint and that the residence is in good faith and not for the purpose of securing a divorce.
4. That the Plaintiff and Defendant were married to each other on the October 14, 1994
in Wa11sburg, Wasatch County, Utah and have resided together for a majority of the time since then.
5. That no children have been born as issue of this said marriage.
6. That irreconcilable differences have occurred between the parties hereto and their
marriage can no longer continue.
.
7. That there IS no collusion between the parties in this action.
8. That the parties have acquired various items of personal and real property during their
marriage and the Court should make an equitable division of this property.
CLARK v. CLARK
CIVIL NO. CV-2006-159DC
DIVORCE DECREE
PAGE 1 OF 3
000751
9. That the parties have entered into a Marital Settlement Agreement, dated February 22,
2007, a copy of which is attached hereto marked Exhibit "A", which sets forth all matters ofpayment
of debts, child custody, child support and division of property, which agreement is fair and equitable.
10. That the addresses, Social Security numbers, date and place of birth, employers and
employer's addresses of the parties are:
Plaintiff s Name:
Address:
SHANE KENNETH CLARK
PO Box 160
Afton, Wyoming 83110
Date of Birth:
Place of Birth:
July 11, 1969
Smoot, Wyoming
Employer:
Address:
Diamond Z Constmction
PO Box 242
Heber, Utah 84032
Defendant's Name:
Address:
BECKY KINSEY CLARK
PO Box 153
Wallsburg, Utah 84082
Date of Birth:
Place of Birth:
October 18, 1956
Heber City, Utah
Employer:
Address:
Open Range Kitchens & Bath
100 South Main
Heber City, Utah 84032
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED
as follows:
1. That the Plaintiff is hereby granted, awarded and decreed an absolute divorce fÌ"om the
Defendant and that the bond of matrimony heretofore existing between the parties is hereby
dissolved.
2. The provisions of the Marital Settlement Agreement heretofore entered into by the
parties on February 22,2007 a copy ofwhich is attached hereto and marked Exhibit "A", be and the
same is incorporated herein as if fully set forth.
3. This decree shall become final upon signature, which is more than twenty days after
the action was filed herein.
[SIGNATURE ON NEXT PAGE]
CLARK v. CLARK
CIVIL NO. CV-2006-159DC
DIVORCE DECREE
PAGE 2 OF 3
jf"
DATED this ~ day of June, 2007.
Copies To:
Jack D. Edwards
LUTHI & VOYLES, LLC
P.O. Box 820
Thayne, Wyoming 83127-0820
James K. Sanderson, Esq.
PO Box 159
Afton, WY 83110
000'52
N~
DISTRICT JUDGE
CLARK v. CLARK
CIVIL NO. CY-2006-159DC
DIVORCE DECREE
PAGE 3 OF 3
:::;U\TE OF WYOMING J 5S.
COUNTY OF LINCOLN
I Kenneth D. Roberts, Clerk of the Third
Jt,;dìcial Dístrict Court within and foresaid
county and in the State of foresaid, do
hereby certify the foregoing to be a full,
true, and c0rT\pleÇrÆP'PY, t r
SIGNED .t'~Ct.\J\\?!J.tw~l!~...
o IJRf'dV
000753
IN THE DISTRICT COURT OF THE TIllRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
Plaintiff,
)
)
)
)
)
)
)
)
)
)
CV'-2006-159-DC
',. . '-If
,". . ~~ '
Shane Kenneth Clark,
vs.
Becky Kinsey Clark,
Defendant.
MARITAL SETTLEMENT AGREEMENT
AGREEMENT made this ~'Z/ day of February, 2007, at Thayne, Wyoming, between
Becky Kinsey Clark, hereinafter referred to as the Wife, and Shane Kenneth Clark, hereinafter
referred to as the Husband.
ARTICLE 1, STATUS OF PARTIES
Section 1.01. Date and Place of Marriage
The parties were married on the 15th day of October 1994, Wallsburg, Wasatch
County, Utah.
Section 1.02. Children of Parties
There are no children born as issue of this marriage.
Section 1.03. Reason for Divorce
Irreconcilable differences have occurred between the parties hereto and their marriage
CLARKv.CLARK
CV -2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXHffiIT A
PAGE 1 OF 12
~
000754
can no longer continue.
Section 1.04. Legal Proceeding and Waiver of Appearance.
An action for a divorce has been filed by the Husband in the District Court of Lincoln
County, State of Wyoming.
That the Wife hereby enters appearance through her attorney; states that she is a
competent adult person not a member of the military service of any branch of the armed forces of
the United States; and consents to the trial thereof at the Courthouse in Kemmerer, Lincoln County,
Wyoming, or at any other appropriate courthouse at any time convenient to the Court, the Plaintiff
and the Defendant.
ARTICLE 2, PURPOSE OF AGREEMENT
Section 2.01. The purposes of this Agreement are to:
a) Settle all property interest and rights that each party may have with respect
to the other; and
b) Relinquish any and all past, present, or future claims that each may have
against the property or estate of the other party and his or her executors, administrators,
representatives, successors, and assigns, except as otherwise provided herein.
ARTICLE 3, PROPERTY AND OBLIGATIONS OF THE PARTIES
Section 3.01. Marriage Property
The properties acquired by the parties during their marriage, owned separately
and/or jointly, are as follows:
CLARK v. CLARK
CY-2006-159-DC
DNORCE MARITAL SETTLEMENT AGREEMENT
EXHIBIT A
PAGE 2 OF 12
000755
a) A home located on five (5) acres of land in Smoot, Wyoming (the
"House");
b) Approximately 63 additional acres ofland with a barn, adjacent to the
house and five (5) acres in Smoot, Wyoming (the "63 Acres");
c) A Hunting Camp called "Bugle Basin Outfitters";
d) 1998 Jeep Cherokee;
e) 2002 Ford F-350;
f) White Utility Trailer;
g) Various other pieces of farm and ranch equipment; and
h) Miscellaneous household furnishings.
Section 3.02. Debts
The obligations and encumbrances incurred by the parties jointly and separately
during their marriage are as follows:
a) Approximately Three Hundred and Six Thousand Dollars ($306,000.00)
secured by the House;
b) Approximately Sixty Thousand Dollars ($60,000.00) secured by the 63
Acres;
c) Approximately Seventeen Thousand Dollars ($17,000.00) secured by the
Hunting Camp;
d) Approximately Sixteen Hundred Dollars ($1,600.00) secured by the 1998
Jeep Cherokee;
e) Approximately Eight Thousand Dollars ($8,000.00) secured by the 2002
Ford F-350; and
f) Miscellaneous other debts.
Section 3.03. Full Disclosure
Each party asserts that he or she has made a full and fair disclosure of all of the
property of any nature whatsoever belonging in any way to each of them, and of all debts and
encumbrances incurred in any manner whatsoever by each of them. Such disclosures are part of the
consideration made by each party for entering into this Agreement.
ARTICLE 4, DEBTS AND ASSUMPTIONS
CLARK v. CLARK
CV -2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXHIBIT A
PAGE 3 OF 12
'. ;~:"~:~~¡~{~!:fr1~~;Y}<;~·
Section 4.01. Assumption by Wife
000756
The Wife assumes and agrees to pay, and herein agrees to hold the Husband
hannless for:
a) Approximately Sixty Thousand Dollars ($60,000.00) secured by the 63
Acres; and
b) Any and all other debt not outlined above and assumed by the Wife prior
to the parties' separation.
If any claim, action, or proceeding is hereafter brought seeking to hold the Husband
liable on account of such debts or obligations, the Wife will, at her sole expense, defend the Husband
against any such claims, actions, or proceeding whether or not they are well-founded.
Section 4.02. Assumption of Husband
The Husband assumes and agrees to pay, and herein agrees to hold the Wife hannless
for:
a)
b)
c)
d)
e)
Approximately Three Hundred and Six Thousand Dollars ($306,000.00)
secured by the House;
Approximately Seventeen Thousand Dollars ($17,000.00) secured by the
Hunting Camp;
Approximately Sixteen Hundred Dollars ($1,600.00) secured by the 1998
Jeep Cherokee;
Approximately Eight Thousand Dollars ($8,000.00) secured by the 2002
Ford F-350; and
Any and all other debt not outlined above and assumed by the Husband
prior to the parties' separation.
The Wife is currently obligated on the loans secured by the House and 2002 Ford F-
350. By signing this Agreement, Husband agrees to remain solely responsible for all payments due
on said loans, from the date of this agreement. Additionally, Husband agrees to seek and obtain
CLARK v. CLARK
CV-2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXHIBIT A
PAGE 4 OF 12
000757
financing on the House and 2002 Ford F-350 on or before, May 15,2007. Husband also agrees to
pay all costs and fees associated with the financing of the House and 2002 Ford F-350.
If any claim, action, or proceeding is hereafter brought seeking to hold the Wife liable
on account of such debts or obligations, the Husband will, at his sole expense, defend the Wife
against any such claims, actions, or proceeding whether or not they are well-founded.
ARTICLE 5, DMSION OF PROPERTY
Section 5.01. Wife's Property
The Husband transfers and assigns to the Wife, as her sole and separate property
all of his right, title, and interest in and to the following property:
a) Approximately 56 Acres of the 63 acres outlined above, not including the
barn, the legal description of which is to be decided among the parties;
b) All items currently in her possession;
c) Her personal clothing and effects;
d) 1998 Jeep Cherokee;
e) White Utility Trailer; and
f) Some of the household items.
The Husband shall, however, be granted a recorded Right of First Refusal to purchase the 56
Acres outlined above. The applicable provisions of said right are as follows:
If Wife receives a bona fide offer from a third party for the purchase of said property, Wife
shall provide Husband with written notice thereof to the Husband's address stated above or as
otherwise advised in writing, said notice to include the sale price and the sale terms and conditions
of said offer. Husband shall then have twenty - one (21) days from receipt of said written notice,
Saturdays, Sundays, and legal holidays excluded, in which to match or exceed said bona fide offer by
providing written notice to Wife, along with a cashier's check payable to the Wife in the amount of
10% of Husband's offer, to be held as a non-refundable earnest money deposit.
If Husband fails to provide Wife with a written response and earnest money deposit within
the timeframe provided, or if Husband fails to match the bona fide offer and provide an earnest
money deposit, then the first right of refusal shall expire. Upon the filing by Wife of an affidavit
CLARK v. CLARK
CV -2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXHmIT A
PAGE 5 OF 12
000758
stating that Husband has failed to exercise their fIrst right of refusal, the fIrst right of refusal shall be
of no further effect. The first right of refusal shall terminate within twenty (20) years of this
'agreement.
Section 5.02. Husband's Property
The Wife hereby transfers and assigns to the Husband as his sole and separate
property, all of her right, title, and interest in and to the following property:
a) His personal clothing and effects;
b) The House and real property where the House is located measured at 10'
South of driveway, then East 660' then approximately North 440' (not to .
exceed the fence, which is 6.5 acres, more or less.
c) Approximately 8 of the 63 Acres including the barn;
d) The Hunting Camp called "Bugle Basin Outfitters";
e) 2002 Ford F-350;
f) Various other pieces of farm and ranch equipment; and
g) Miscellaneous household furnishings, not transferred to Wife.
Additionally, in order to demark the property surrounding the House, Husband
agrees to construct and pay for a "legal fence" around the land indicated on Section 5.02(b) above,
within six (6) months of this Agreement.
Section 5.03. Encumbrances
Transfers of all property hereunder are subjectto all existing encumbrances and liens
thereon, except the Husband agrees to pay the outstanding debt secured by the 1998 Jeep Cherokee.
The transferee of such property agrees to indemnify and save harmless the other party from any
claim or liability that the other party may suffer or may be required to pay on account of such
encumbrances or liens.
Section 5.04. Property Insurance
CLARK v. CLARK
CV-2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXHffiIT A
PAGE 6 OF 12
000759
All insurance on the property being transferred hereunder is assigned to the party
receiving such property. All insurance premiums from the date hereof shall be paid by the party to
whom the insurance is assigned.
Section 5.05. Equitable Division
The parties agree that this Agreement effects an equitable division of their property.
Section 5.06. Non Marital Property
Except as otherwise specifically provided for herein, each party waives all right, title,
and interest in and to the property of the other party acquired prior to their marriage or that
property acquired by gift, devise or inheritance.
ARTICLE 6, DEBTS AND OBLIGATIONS
Section 6.01. Debts Since Separation
Except for any debt or obligation of either party to the other created under this
Agreement, each party agrees to pay and to hold the other hamùess :fÌom all personal debts and
obligations incurred by him or her since their separation on December 25, 2006 and if any claim,
action or proceeding is hereafter brought seeking to hold the other party liable on account of such
debts or obligations, such party will at his or her sole expense defend the other party against any
such claim, action, or proceeding.
Section 6.02 Past-Due Obligations
Husband and Wife mutually agree to cooperate to file tax return(s) and associated
documentation with the Internal Revenue Service, for the year of2005, on or before April 15, 2007.
CLARK v. CLARK
CV-2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXHIBIT A
PAGE 7 OF 12
ARTICLE 7, SUPPORT OF SPOUSE
000760
Section 7.01. Support of Wife
No spousal support is required.
ARTICLE 8. ATTORNEY'S FEES AND OTHER COSTS
Except as hereinabove specified, the Husband shall not be liable to the Wife for any
costs or fees whatsoever incurred by the Wife in connection with the negotiation, preparation, and
execution of this Agreement and in connection with any brought by either party for the purpose of
obtaining a judgment of divorce.
The Wife shall not be liable to the Husband for any costs or fees whatsoever incurred
by the Husband in connection with the negotiation, preparation, and execution of this Agreementand
in connection with any action brought by eitlÌer party for the purpose of obtaining a judgment of
divorce.
ARTICLE 9, GENERAL PROVISIONS '
Section 9.01. Performance of Agreement to be Ordered in Judgment.
If a final judgment of divorce is obtained by either party, the original of this
Agreement shall be attached to the stipulated or proposed judgment, which shall state that the
Agreement is attached thereto and is incorporated as part of the judgment for the purpose of being
an operative part of the judgment. The parties agree that the court shall be requested to approve the
Agreement as fair and equitable and to order each of them to comply with all of its provisions.
Section 9.02. Release of All Claims
CLARK v. CLARK
CV-2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXIDBIT A
PAGE 8 OF 12
000'61
Each party, except as otherwise provided for in this Agreement, releases the other
from all claims, liabilities, debts, obligations, actions, and causes of action of every kind that have
been or will be incurred. However, neither party is relieved or discharged from any obligation under
this Agreement or under any instrument or document executed pursuant to this Agreement.
Section 9.03. Interference
The Husband and Wife each agree:
a) Not to annoy, harass, embarrass, or interfere with the other in any way.
b) Not to interfere with the employment or business activities of the other.
c) Not to interfere with the use, ownership, enjoyment or disposition of any
property now owned or hereafter acquired by the other.
Section 9.04. Future Earnings and Acquisitions
All income, earnings, or other property received or acquired by either party to this
Agreement on or after the date of execution of this Agreement shall be the sole and separate property
of the receiving or acquiring party. Each party, as of the effective date of this Agreement, does
hereby and forever waive, release, and relinquish all right, title, and interest in all such income,
earnings, or other property so received or acquired by the other.
Section 9.05. Waiver of Rights to Other Party's Estate.
The Husband and Wife each waive any and all right:
a) To inherit any part of the estate of the other at his or her death.
b ) To receive property from the estate of the other by bequest or devise, except
CLARK v. CLARK
CY-2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXHIBIT A
PAGE 9 OF 12
000762
under a will or codicil dated subsequently to the effective date ofthis Agreement.
c) To act as the personal representative of the estate of the other or intestacy
unless nominated by another party legally entitled to so act.
d) To act as the personal representative under the will of the other, unless so
nominated by a will or codicil dated subsequently to the effective date of this Agreement.
e) To claim a family allowance or probate homestead in the estate of the other
Section 9.06. Execution of Other Documents
The Husband and Wife shall each concurrently herewith, or at any time hereafter on
the demand of the other, execute any other documents or instruments, and do or cause to be done any
other acts and things as may be necessary or convenientto carry out the intents and purposes of this
Agreement.
Section 9.07. Containment of Entire Agreement Herein
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties relating to the rights and liabilities arising out of their marriage. This Agreement
contains the entire agreement of the parties.
Section 9.08. Successors and Assigns
This Agreement, except as otherwise expressly provided herein, shall be binding on,
and shall inure to the benefit of, the respective legatees, devisees, heirs, executors, administrators,
assigns, and successors in interest of the parties.
Section 9.09. Legal Representation
CLARK v. CLARK
CV -2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXHIBIT A
PAGE 10 OF 12
000763
The Defendant hereby represents that he is not relying on the attorney for the
Plaintiff to look after his interests. It is further represented that he has either consulted with an
attorney or has decided not to consult with an attorney regarding this agreement and is relying on his
own knowledge or judgment and understanding.
Section 9.10 Surveyor's Fees
Any and all surveyor's fees incurred in the division of the 63 acres between the
Husband and Wife shall be shared equally by the Husband and Wife.
ARTICLE 10, SUBSEQUENT PROCEEDINGS
In the event any subsequent action should be commenced by either party against the
other involving any of the agreements which are the subject matter of this instrument, then it is
agreed that the losing party to such action as evidence by an order or judgment against a person shall
pay all of the successful party's attorney's fees and costs in such action unless otherwise ordered by
the Court. Any amount due under this agreement shall bear interest to and after the time of any
judgment at a rate of 18 per cent per annum.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
and year fIrst above written.
~J7~ ch<¿
Shane enneth Clark, Plaintiff
~~~~~~l~~
ecky . se Clark, De en t
CLARK v. CLARK
CV-2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXHIBIT A
PAGE 11 OF 12
Approved:
000764
?
ames K. Sander on, Esq
ttorney for Plaintiff
) dMJ¡J .Gb£-
Jack D. Edwards of
LUTHI & VOYLES, LLC
Attorney for Defendant
THE STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN ) r.J "
, }- fi,þrUq H{
The foregoing instmment was acknowledged before me this ~ day of ~,
2007, by Shane Kenneth Clark.
WITNESS my hand and official seal.
My Commission Expires: Ð '- S - DC¡
HEIDI BROWN· NOTARY PUBUO
County of . State of
Uncoln Wyoming
My Commission expires August 5. 2009
CLARK v. CLARK
CV-2006-159-DC
DIVORCE MARITAL SETTLEMENT AGREEMENT
EXHIBIT A
PAGE 12 OF 12
THE STATE OFWYONUNG
)
) SS,
COUNTY OF LINCOLN )
'13 rd Fe byl)O....(A.
The foregoing instrument was acknowledged before me this 0<. day oiL.... ~~
2007, by Becky Kinsey Clark.
000?65
CHRISTINA K. ALLRED - NOTARY PUBLIC
COUN1Y OF. STATE OF
LINCOLN ~ WYOMING
MY COMMISSION ¡XPIRES 04/30/2009
WITNESS my hand and official seal.
C~~ ~~ Q2ß~
NOTARY PUBLIC
My Commission Expires:
Lj- 3ò-{)~
:~,',',~!,',/}",Tf,' OF WYmt~ING J SS.
:/'UNTY OF LINCOLN
\, t\enneth D. Hoberts, Clerk ofthe Third
,h.;dicíal District C0U11 within and foresaid
county and in the State of foresaid, do
hereby certify tbe fn,,;'?oing to be a full,
true~~~~;~~~Jllit~tQ.!h... .
ûeff~.{rl
CLARK v. CLARK
DEFENDANT'S ANSWER
CV-2006-159-DC
PAr-J¡' n OJ¡' 17
000766
IN THE DISTRICT COURT OF THE TIßRD JUDICIAL DISTRICT
IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING
Plaintiff,
)
)
)
)
)
)
)
)
)
)
CV-2006-159-DC
....\
. ".\
::\,
."
Shane Kenneth Clark,
vs.
." .'
Becky Kinsey Clark,
"
Defendant.
ADDENDUM TO THE MARITAL SETTLEMENT AGREEMENT
TillS ADDENDUM to the Marital Settlement Agreement (hereinafter referred to as the
"Addendum") is made this JZ&day of June, 2007, at Thayne, Wyoming, between Becky Kinsey
Clark and Shane Kenneth Clark (collectively referred to as the "Parties") who hereby state as
follows:
1) The Parties signed the attached Marital Settlement Agreement (hereinafter referred to
as the "Agreement) on February 22,2007.
2) In the Agreement, the Parties agreed to a division of Real Property jointly owned by
them.
3) At the time of the signing of the Agreement, a survey had not been completed and the
Parties were Mable to accurately describe the division of Real Property.
4) A survey has been completed and now the Parties wish to accurately describe the
division of Real Property in the following paragraphs.
5) On Page 50f12 of the Agreement in Article 5, Section 5.01(a) the Parties agreed that
CLARK v. CLARK
CV -2006-159-DC
ADDENDUM TO THE MARITAL SETTLEMENT AGREEMENT
PAGE 1 OF2
000767
Becky Kinsey Clark was entitled to: "Approximately 56 Acres of the 63 acres outlined above, not
including the barn, the legal description of which is to be decided among the parties."
6) Said Real Property is more properly described on the attachment entitled
"Description: Clark 587-826 Exhibit A Remaining" marked as Exhibit 1 and incorporated by this
reference.
7) On Page 6 of 12 of the Agreement in Article 5, Section 5.02(b) the Parties agreed that
Shane Kenneth Clark was entitled to: "The House."
8) Said Real Property is more properly described on the attachment entitled
"Description: Clark Homesite" marked as Exhibit 2 and incorporated by this reference.
9) On Page 6 of12 of the Agreement in Article 5, Section 5.02( c) the Parties agreed that
Shane Kenneth Clark was entitled to: "Approximately 8 of the 63 Acres including the barn."
10) Said Real Property is more properly described on the attachment entitled
"Description: Shane Clark South Parcel" marked as Exhibit 3 and incorporated by this reference.
IN WITNESS WHEREOF, the parties have executed this Addendum on the date and year
first above written.
Shane Kenneth Clark, Plaintiff
Approved:
~r
Jack D. Edwards of
LUTHI & VOYLES, LLC
Attorney for Defenqant
James K. Sanderson, Esq.
Attorney for Plaintiff
CLARK v. CLARK
CV-2006-159-DC
ADDENDUM TO THE MARITAL SETTLEMENT AGREEMENT
PAGE20F2
00076B
Becky Kinsey Clark was entitled to: "Approximately 56 Acres of the 63 acres outlined above, not
including the bam, the legal description of which is to be decided among the parties."
6) Said Real Property is more properly described on the attachment entitled
"Description: Clark 587-826 Exhibit A Remaining" marked as Exhibit 1 and incorporated by this
reference.
7) On Page 6 of 12 of the Agreement in Article 5, Section 5. 02(b) the Parties agreed that
Shane Kenneth Clark was entitled to: "The House."
8) Said Real Property is more properly described on the attachment entitled
"Description: Clark Homesite" marked as Exhibit 2 and incorporated by this reference.
9) On Page 6 of 12 of the Agreement in Article 5, Section 5.02( c) the Parties agreed that
Shane Kenneth Clark was entitled to: "Approximately 8 of the 63 Acres including the barn."
10) Said Real Property is more properly described on the attachment entitled
"Description: Shane Clark South Parcel" marked as Exhibit 3 and incorporated by this reference.
IN WITNESS WHEREOF, the parties have executed this Addendum on the date and year
first above written.
J ÁIl/J1.1 ~kK
Shane Kenneth Clark, Plaintiff
STATE OF WYOMiNG 1
COUNTY OF LINCOLN SS.
/, Kenneth D. Roberts, Clerh oHhe Third
Judicial District Court I,Mithin and foresaid
county and in the St;)te of toresaid, do
Becky Kinsey ~~~~#!,,~"~'.(,:,::¡ng to be a full,
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Jack D. Edwards of
LUTHI & VOYLES, LLC
Attorney for Defendant
Approved:
CLARK v. CLARK
CV-2006-159-DC
ADDENDUM TO THE MARITAL SETtLEMENT AGREEMENT
PAGE 2 OF2
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. Exhibit 1
CLARK v. CLARK
CV-2006-159-DC
ADDENDUM TO THE MARITAL SETTLEMENT AGREEMENT
000769
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Description: Clark 587-826 Exhibit A Remaining
000770
A portion of Parcel D of the Clark property, as referred to
in the Deed recorded in Book 587, on Page 826, within the
E1/2SW1/4 of Section 24, T31N, R119W, of the 6th P.M.,
Lincoln County, Wyoming, the boundary being more
particularly described as follows:
BEGINNING at a Point in the East line of the W1/2SW1/4 of
said Section 24, said Point of Beginning being, 662,27 feet
Noo37'49I1E, along said East line, from the Paul N, Scherbel
PLS 164, 1985 location for the Southeast Corner of said
W1/2SW1/4¡
thence Noo37'49I1E, continuing along said East line, 470.52
feet¡
thence S89°22'11I1E 661.76 feet to a Point in the West line
of the E1/2 of said E1/2SW1/4¡
thence Noo37'53I1E, along said East line, 447.45 feet;
thence N89°22'11I1W 661.77 feet to a Point in said East line
of said W1/2SW1/4;
thence Noo37'49I1E, along said East line, 1,074,82 feet to
the Paul N. Scherbel RLS 164, 1985 location for the
Southwest Corner of the E1/2NW1/4 of said Section 24;
thence S89°41'02"E, along the South line of said E1/2NW1/4,
1,323.60 feet to the Paul N, Scherbel RLS 164, 1985
location for the Northwest Corner of the SE1/4 of said
Section 24;
thence Soo38'05I1W, along the West line of said SE1/4,
2,066.05 feet to the Northeast corner of the Lancaster
remaining property, as referred to in the Deed recorded in
Book 28 of Deeds on Page 350, with said Office;
thence N87°01'34"W, along the North line of said Lancaster
remaining property, and the North line of the Lancaster
property, as referred to in the Deed recorded in Book
388PR, on Page 452, with said Office, 513.65 ·feet to the
Northwest corner thereof;
thence N86°11'27I1W 811.45 feet, to the Point of Beginning,
encompassing 54,93± Acres of land.
SUBJECT TO: The 60 feet wide Right-of-Way Easement for
Lancaster Lane County Road, as referred to in the Right-of-
Way Easement in Book 413, on Page 82, with said office.
TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions,
Restrictions, Reservations, Rights-of-Way, Improvements and
Conditions of sight and or record, including but not
limited to those shown hereon,
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Exhibit 2
CLARK v. CLARK
CV-2006-159-DC
ADDENDUM TO THE MARITAL SETTLEMENT AGREEMENT
000771
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Description: Clark Homesite
000111
A portion of the Clark property, as referred to in the Deed
recorded in Book 587, on Page 826, within the E1/2SW1/4 of
Section 24, T31N, Rl19W, of the 6th P,M., Lincoln County,
Wyoming, the boundary being more particularly described as
follows:
BEGINNING at a Point in the East line of the W1/2SW1/4 of
said Section 24, said Point of Beginning being, 1,132,79
feet Noo37'49"E, along said East line, from the Paul N,
Scherbel PLS 164, 1985 location for the Southeast Corner of
said W1/2SW1/4¡
thence Noo37'49"E, continuing along said East line, 447.45
feet¡
thence S89°22'11"E, perpendicular to said East line, 661.77
feet to a Point in the West line of the E1/2 of said
E1/2SW1/4¡
thence Soo37'53"W, along said West line, 447,45 feet;
thence N89°22'11"W, perpendicular to said East, 661.76
feet, to the Point of Beginning, Encompassing 6,80± Acres
of land.
SUBJECT TO: The 60 feet wide Right-of-Way Easement for
Lancaster Lane County Road, as referred to in the Right-of-
Way Easement in Book 413, on page 82, with said office,
TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions,
Restrictions, Reservations, Rights-of-Way, Improvements and
Conditions of sight and or record, including but not
limited to those shown hereon.
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Exhibit 3
CLARK v. CLARK
CV-2006-159-DC
ADDENDUM TO THE MARITAL SETTLEMENT AGREEMENT
000773
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Description: Shane Clark South Parcel
000774
A portion of Parcel D of the Clark property, as referred to
in the Deed recorded in Book 587, on Page 826, within the
E1/2SW1/4 of Section 24, T31N, Rl19W, of the 6th P,M"
Lincoln County, Wyoming, the boundary being more
particularly described as follows:
BEGINNING at a Point in the East line of the W1/2SW1/4 of
said Section 24, said Point of Beginning being, 416.67 feet
No037'49"E, along said East line, from the Paul N, Scherbel
PLS 164, 1985 location for the Southeast Corner of said
W1/2SW1/4;
thence No037'49"E, continuing along said East line, 245,60
feet¡
thence S86°11'27"E 811.45 feet to the Northwest corner of
the Lancaster property, as referred to in the Deed recorded
in Book 388PR, on Page 452;
thence S040'09"W, along the West line of said Lancaster
property, 234.15 feet to the Northeast corner of Parcel E-
2, as referred to in said Clark Deed recorded in Book
587PR, on Page 826, with said Office¡
thence N86°56131"W, along the North line of said Parcel
E-2, 150,33 feet;
thence N89°55'45"W, continuing along said North line,
185,58 feet to the Northeast corner of Parcel E-1, as shown
on the Plat of Boundary Adjustment for The Richard K. Sager
Revocable Trust, dated 10 November 1988, Terryl L,
Lancaster and Jeannee Lancaster, recorded with document No,
852451~ on Map No, 67-Z, with said Office¡
thbnce S89°52'41"W, along the North line of said Parcel E-
2'l335,14 feet to the Northwest corner thereof;
th nce,S42°23'02"W, along the West line of said Parcel E-2,
30.00 feet to a Point in the Northerly line of the Clark
Family Trust property as referred to in the Deed recorded
in Book 285PR, on Page 615, with said Office, being a Point
in a 118,33 feet Radius Curve to the Left, from which the
radius Point bears S42°23'02"W¡'
thence, Northwesterly, along said Northerly line, the
following:
Northwesterly, along said Curve to the Left, through a
Central Angle of 19°51'05", an arc length of 41,00 feet,
said curve having a chord of N57°32'30"W 40,79 feet,
N67°28'02"W 83,86 feet, to, the beginning of a 104,30 Radius
Curve to the Right, and
Northwesterly, along said Curve to the Right, through a
Central Angle of 4°02'11", an arc length of 7.35 feet, said
000775
curve having a chord of N65°26'57"W 7,35 feet, to the Point
of Beginning, from which the Radius Point bears,
N26°34'08"E, encompassing 4,70± Acres of land,
SUBJECT TO: The 60 feet wide Right-of-Way Easement for
Lancaster Lane County Road, as referred to in the Right-of-
Way Easement, in Book 413, on page 82, with said office,
TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions,
Restrictions, Reservations, Rights-of-Way, Improvements and
Conditions of sight and or record, including but not
limited to those shown hereon.