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THIS DECLARATION is made as of May 14, 2001, by Layle H. Nield and Edna
Nield, husband and wife ("Declarants"), of PO Box 562, Afton, WY 83110, the owners of
the following described real property located in Lincoln County, Wyoming ("the Property"):
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DECLARATION OF RESTRICTIVE COVENANT ..'.,', i []: 25
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Beginning at a point which is the Northeast corner SE1/4SE1/4, Section 24
Township 32 North, Range 119 West, 6th P.M" and running thence West 40
rods; thence South 20 rods; thence in Southeasterly direction to a pOint 32
rods South of the point of beginning, on Quarter section line; thence North 32
rods to the point of beginning; (EXCEPTING THEREFROM: Beginning at the
Northeast corner SE1/4SE1/4, Section 24, Township 32 North, Range 119
West, 6th P.M., and running thence West 10,5 rods; thence South 8 rods;
thence East 10.5 rods; thence North 8 rods to the point of beginning,)
TOGETHER WITH all water rights, water shares, rights of way, easements,
tenements, hereditaments and appurtenances thereunto belonging.
SUBJECT TO all easements, exceptions, restrictions, reservations and rights
of way of sight or record.
In consideration of the payment to them of Ten and No/100 Dollars ($10.00) and
other valuable consideration by Familee Thriftway, a Wyoming corporation, with principal
place of business located at Afton, Lincoln County, Wyoming, receipt of which is
acknowledged, Declarants hereby declare that the Property shall be held, sold and
conveyed subject to the following restrictive covenant which shall run with the Property and
be binding on all parties having any right, title or interest in the Property or any part thereof,
and their heirs, successors, and assigns:
For a period of 15 years, that is from May 15, 2001, through May 15, 2016, the
Property may not be used in any way, directly or indirectly, to conduct a retail grocery
business such as or similar to the Nield Market which has heretofore been operated
thereon. This restrictive covenant expires on May 15, 2016.
This restrictive covenant does not prohibit the operation of a custom meat
processing facility on the Property so long as there are no retail sales made in connection
with that business.
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If this restrictive covenant is ever violated, in addition to any other remedy provided
by law, any person injured by such violation may bring an action in court to enjoin such
violation, and if successful, recover all costs and expenses of doing so including a
reasonable attorney fee,
IN WITNESS WHEREOF, the Declarants have signed their names hereto as of the
day and year first above written,
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Edna Nield
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
The foregoing Declaration of Restrictive Covenant was acknOWledged before me by
Layle H. Nield and Edna Nield, husband and wife, this /5IG day of May, 2001,
Witness my hand and official seal.
IAYNA tMDERIJE. NOTARY PUBUC
County.. . State of
UncoIn Wyoming
My CommInIo.1 ExpJrw 1I28l2OO4
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My Commission Expires: tfiJ~ 1.1" 20.04--
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