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Home My WebLink About935048 Recorded at the Request of John R. Madsen, Esq. Ray Quinney & Nebeker PC 36 South State Street, Suite 1400 Salt Lake City, UT 84111 Mail Tax Notice to: Spencer F. Eccles, Manager Fox Ranch at Spring Creek, LLC PO Box 3028 Salt Lake City, UT 84110-3028 RECEIVED 11/20/2007 at 3:10 PM RECEIVING # 935048 BOOK: 679 PAGE: 310 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY 000310 Space above for County Recorder's use· ' Lincoln County, Geo Pin #12-2614-10-4-00-004.00.160 ACRES EXECUTORS'DEED (Estate of Nancy Eccles Havward. WyominQ Ancillary Probate No. P-4359) Homer Milhon Hayward and Spencer F. Eccles, as Executors (Personal Representatives) of the Estate of Nancy Eccles Hayward, such appointment evidenced by Order Admitting Will to Ancillary Probate and Appointing Executors and Letters Testamentary dated July 29,2005, Third Judicial District Court of Lincoln County, State of Wyoming, Ancillary Probate No. P-4359, Grantors, of PO Box 3028, Salt Lake City, Utah 84110-3028, Pursuant to Order Approving Final Report and Accounting, Decree of Distribution and Application for Allowance of Attorneys' }js and Costs entered by the Court in the above- referenced Estate on the '~~ day of oV'~ ~ , 2007, a copy of such Order being attached hereto and incorporated herein by this reference, and recorded together herewith, hereby TRANSFER AND CONVEY to Fox Ranch at Spring Creek, LLC, a Wyoming domestic (flexible) limited liability company, Grantee, of PO Box 3028, Salt Lake City, Utah 84110-3028, for the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the following described tract of land (known as "Whitman Property") in Lincoln County, Wyoming: See Exhibit A attached hereto and incorporated herein by this reference. WITNESS the hand of said Grantors, this '/'rli day of AI tJ J ESTATE OF NANCY ECCLES HAYWARD ,2007. By: By: ~kk Its: Executor Its: [SIGNATURE NOTARIZED ON NEXT PAGE] 881776v2 STATE OF CALIFORNIA ) COUNTY OF ~) ss. 00031.1. On the '1 day of JJ~'ht£, , 2007, before me, 726"t\AÁd AWabz. , personally appeared Homer Milhon Hayward, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person executed the instrument. Witness my hand and official seal. , -¡[ ~!!vWt ~ClI42 V STATE OF UTAH ) RONALDMICHMLALVMEZ", a Commission #I 1519311 I COUNTY OF SALT LAKE ) ss. í. N;~~~:r~~~~I~;~~:,~a - t h " My Comm. Expires Jun 23. 20Q9 On the /3 day of A)(J0tfÆ1e /I' ,20 " , personally appeared Spencer F. Eccles, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person executed the instrument. Witness my hand and official seal. ~dtL ~/l/[Mß Notary ublic CYNDEE H. MERRILL NOTARY PUBLIC· STATE OF UTAH 36 S. STATE STREET SUITE 1400 SALT lAKE CllY UT 84111 My Comm. .01/29/2011 2 Exhibit A Whitman Property: (Lincoln County, Wyoming, Geo Pin #12-2614-10-4-00-004.00,160 acres) 000312 An undivided one-half ('1'2) Tenants in Common interest in and to: SEy.¡ of Section 10, Township 26 North, Range 114 West of the 6th P.M., Lincoln County, Wyoming. EXCEPTING and RESERVING all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered that are not vested in Grantor, including, without limiting the generality of the foregoing, coal, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of, said minerals. TOGETHER WITH all improvements thereon and all rights appurtenances and hereditaments thereunto belonging or in anywise appertaining. SUBJECT, HOWEVER, to all easements, rights-of-way, reservations, restrictions and existing or future oil and gas/or other mineral leases, now of record or otherwise affecting said lands. 3 Geoffrey J. Phillips, Esq. JAMES E. PHILLIPS, P.C. 822 Màin -Streèt ' p.n. -~ox 770 Evanston, Wyoming 82931-0770 Telep~one: (307)789-9370 . Attorneys for Petitioner OOO~13 John R. Madsen, Esq. RAY QUINNEY & NEBEKER P.C. 36 South State Street, Suite 1400 P.O. Box 45385 Salt Lake City, Utah 84145-0385 Telephone: (801) 532-1500 Attorneys for Petitioner IN THE THIRD JUDICIAL DISTRICT COURT OF LINCOLN COUNTY STATE-OFWYOMING .~,... Deceased. ORDER APPROVING FINAL REPORT AND ACCOUNTING, DECREE OF DISTRIBUTION AND APPLICATION FOR ALLOWANCE OF ATTORNEYS' FEES AND COSTS IN THE MATTER OF THE ESTATE OF NANCY ECCLES HAYWARD, Probate No. P-4359 Jud e: Dennis Sanderson NOW on this ßay o~~ ,2007, the above-captioned matter comes on for hearing before the Court on its regular order, on the Final Report, Accounting and Petition for Distribution and Application for Allowance of Attorneys' Fees and Costs as presented to the Court at this time on behalf of the Personal 00031.4 Representatives of the Estate, and the Court, having examined said Final Report, Accountihg änd Pétitioh for Distribution ánd AIJ"plicätibn fo"r Allowance of Attorneys' Fees and Costs and having examined the written Consents to Approval of Final Report, as duly executed by the distributees of the Estate and presented to the Court at this time, the Court finds that it has full and complete jurisdiction over the subject matter and all interested parties, and therefore this matter ought to proceed on to final hearing and determination on the merits. THIS MATTER proceeding on to final hearing and determination, the Court specifically finds that each and all of the statements made in the Final Report, Accounting and Petition for Distribution and Application for Allowance of Attorneys' Fees and Costs are true and correct and are approved, that the conduct of the Personal Representatives in the administration of the Estate as reflected in the Report is in accordance with law and the prior orders of this Court, that the administration of the Estate in the State of Wyoming is fully and finally concluded and that the Estate is ready for distribution and that, therefore, order ought to be entered at this time fully and finally approving, ratifying and confirming the Final Report, Accounting and Petition for Distribution and Application for Allowance of Attorneys' Fees and Costs, and all doings of the Personal Representatives in the premises, and decree ought to be entered providing for the full and final distribution of this Estate, and the closing thereof. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the Final Report, Accounting and Petition for Distribution and Application for Allowance of 2 00031.5 Attorneys' Fees and Costs be, and the same hereby is, fully and finally ratified, confirmed änd approved, and all of the doings of the Personal Rèpréséhtàtîvês in the premises be, and the same hereby are fully and finally approved. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, no assets having been heretofore distributed by the Personal Representatives, the Personal Representatives shall proceed to make final distribution of all Wyoming assets of this Estate as follows: Decedent's equal undivided one-half interest in the "Fox Ranch", and Decedent's legal (but not equitable) title to an equal undivided one-half interest in the 'Whitman Property", each as described in the Inventory and further described in Exhibit A attached hereto, be distributed to the assignee of Spencer F. Eccles (devisee of the Estate, purchaser and the undersigned Personal Representative of this Estate), Fox Ranch at Spring Creek, LLC, a domestic (flexible) Wyoming limited liability company owned 100% by said SpencerF. Eccles, Manager of the LLC. IN MAKING SUCH DISTRIBUTION, the Personal Representatives shall execute and deliver such legal instruments, including for example a Personal Representatives' Deed, as shall be necessary or appropriate to effectuate said distribution. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the costs and fees allowed to the attorneys for the Estate as set forth in the Final Report, Accounting and Petition for Distribution and Application for Allowance of Attorneys' Fees and Costs, pursuant to W.S. Section 2-7804(a), shall be paid by the Personal Representatives prior to the closing of the Estate as described in the Attorneys' Fee Affidavit filed with the 3 ,~,': ~." Court, plus an additional amount of approximately $2,000 to complete and close the Wyoming administration of the Estate. 00031.6 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that when the Personal Representatives have completed the distribution of all estate assets as ordered herein, with all documentation necessary with respect thereto the Personal Representatives shall file with the Court their Petition for Discharge. DATED tbisd'~ay of STATE OF wYo\\.m-JG 1 COUNTY OF UNCOL!\J.\ 5S. i, Kenneth D. Roberts, Clerk ofthe Third Judicial Dístrict Court w¡thir. and foresaid county and in the (.: dtO f esaid, do hereby certif\) ti' .:~(,:'?'J¡n be a full, true, and co 1(;':;"-:,;-:1" SIGNED . . , .' ........... '.'I"~.~..~ , ''\ . ,"\ '\, 000317 EXHIBIT A DESCR.IPTION-OF REAL PROPERTY Fox Ranch: Lincoln County, Wvominq: Parcel 1 (Geo Pin #12-2614-01-3-00-002.00, 360 acres) Southwest Quarter of the Northeast Quarter; and South Half of Section Eleven; the Southwest Quarter of the Southwest Quarter of Section Twelve; the Southeast Quarter of the Southwest Quarter, the North Half of the Southwest Quarter and the Northwest Quarter of Section Fourteen; and the Northeast Quarter of Section Fifteen; All in Township Twenty-six North of Range One Hundred Fourteen West of the Sixth Principal Meridian, Wyoming. ' LESS AND EXCEPT any land lying within the Laxy FX Acres Subdivision, Lincoln County Wyoming as described on the official plat filed December 13, 1981 as Instrument No. 569825 of the records of the Lincoln County Clerk. Parcel 2 (Geo Pin #12-2614-12-3-00-002.00,817.45 acres) Southwest Quarter of the Southeast Quarter and South Half of the Southwest Quarter of Section 1; Southeast Quarter of the Southeast Quarter of Section 2; East Half of the Northeast Quarter of Section 11; West Half of the Northwest Quarter and Northwest Quarter of the Southwest Quarter of Section 12, Township 26 North, Range 114 West of the Sixth Principal Meridian. - LESS AND EXC~PT any land lying within the Laxy FX Acres Subdivision, Lincoln County Wyoming as described on the official platfiled December 13, 1981 as Instrument No. 569825 of the records of the Lincoln County Clerk. Parcel 3 (Geo Pin #12-2614-12-3-01-003.00,28.76 acres) Lots 1, 2, 3,4,5,6,7 and 8 of the Laxy FXAcres Subdivision, Lincoln County Wyoming as described on the official plat filed December 13,1981 as Instrument No. 569825 of the records of the Lincoln County Clerk. 5 000318 Sublette County, Wyominq: (Pärcel #09=00";01296, 727' acres) TOWNSHIP 27 -NORTH, PÞ~NGE 115 WEST OF THE 6TH P.M.. SUBLETTE COUNTY, WYOMING Section 7: Lots 6, 9,10 and 11 Section 18: Lots 6, 7, 8, 9 and 10 AND A PARCEL OF LAND LOCATED IN SECTIONS 6,7 AND 18, T.27N., R.115W., 6TH P.M., SUBLETTE COUNTY, WYOMING described in particular by metes and bounds referred to the Public Survey as follows: Beginning at the Northwest corner of said Section 6, thence, N.89°29'E., 1.19 chains; thence, S.43°36'E., 34.89 chains; thence, S.01000'W., 11.77 chains; thence, S.17°58'E., 20.11 chains; thence, S.04°20'E., 7.58 chains thence, S.08°29'E., 13.64 chains; thence, S.00054'W., 10.76 chains; thence, S.21°21 'E., 13.62 chains; thence, S.29°34'E., 2.17 chains to an Eastern boundary line of Tract 38 of said Township and Range; thence, S.00031'E., 15.93 chains to Corner No.8 of said Tract 38; thence, East 8.78 chains on a North boundary line of said Tract 38; thence, S.23°39'E., 10.62 chains; thence, S.31°09'E., 9.72 chains; 6 00031.9 thence, S.08°47'E., 6.90 chains; thence, -SJl5G44'E., 11.55 chains; thence S.29°14'E., 0.17 chains, to an Eastern boundary line of said Tract 38; thence, S.00045'E., 23.42 chains to Corner NO.6 of said Tract 38; thence, West 20.00 chains to Corner NO.5 of said Tract 38; thence, N.00058'W., 40.00 chains to Corner No.4 of said Tract 38; thence, West 20.00 chains to Corner No.3 of said Tract 38; thence, N.00020'W., 39.85 chains to Corner No.5 of said Tract 37 of said Township and Range; , thence, West 18.39 chains to Corner No.4 of said Tract 37; thence, N.00045'W., 78.61 chains along the Range Line between Ranges 115 West and 116 West to the place of beginning. Whitman Property: (Lincoln County, Wyoming, Geo Pin #12-2614-10-4-00-004.00,160 acres) SE% of Section 10, Township 26 North, Range 114 West of the 6th P.M., Lincoln County, Wyoming. . EXCEPTING and RESERVING all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered that are not vested in Grantor, including, without limiting the generality of the foregoing, coal, oil and gas and rights thereto, together with tMe sole, exclusive and perpetual right to explore for, remove and dispose of, said minerals. TOGETHER WITH all improvements thereon and all rights appurtenances and hereditaments thereunto belonging or in anywise appertaining. SUBJECT, HOWEVER, to all easements, rights-of-way, reservations, restrictions and existing or future oil and gas/or other mineral leases, now of record or otherwise affecting said lands. 7