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RECEIVED 8/28/2008 at 10:59 AM
RECEIVING # 941681
BOOK: 703 PAGE: 394
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
00&394
~~£Mr~îtu.RdSîï SP ACE ABOVE THIS LINE FOR RECORDER
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DECLARATION OF RESTRICTIONS
BY
WITNESSETH:
WHEREAS, SRS Development (the "Owner"), owns the real estate legally described as
follows:
Lots 1,2,3, and 4, Block 4 of the Van Noy Park, Thayne, Wyoming, as platted and recorded in
the Official Records of Lincoln County, Wyoming (the "Property"); and
WHEREAS, pursuant to that ce11ain Pharmacy Asset Purchase Agreement dated
December 5th, 2007, between Star Valley Drug Company and Pamida Stores Operating Co., LLC
a Delaware limited liability company ("Pamida"), Owner agreed to place certain restrictions on
the future use of the Property as herein provided.
NOW, THEREFORE, by this Instrument Owner hereby adopts and places the following
restrictions upon the Property.
1.
Property.
Prohibited Uses. No retail pharmacy business shall be located or operated on the
2. Restrictions To Run With The Land. All restrictions contained herein shall run
with the land and continue as such for five (5) years from the date hereof unless removed earlier
by the mutual written agreement of Owner and Pamida.
3. Enforcement, Waiver and Binding Effect. The restrictions contained herein shall
bind and be to the benefit of, and be enforceable at law or in equity by, Owner, Pamida and their
respective successors and assigns. Failure by Pamida, its successors or assigns to enforce any of
the restrictions contained herein shall in no event be deemed a waiver of the right to do so
thereafter.
000395
IN WITNESS WHEREOF, Owner has executed this Instrument as of
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OWNER:
By: Thomas Paul Stauffer
Title: President ~
OWNER~ ~ ~~~
By: Daniel B. Richins
Title: Vice pres~ent :L
OWNER: ¿~~ ~k
By: Alan C. Stauffer
Title: Secretary/Treasurer
STATE OF ~C1ñ?Ùjl
COUNTY OF ¿/Pl/,:/J !t1
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On this ~ ..?5'~ day of ,~6 , 2oafbefore me the ð,.f, J.
undersigned, a Notary Public in and for said State, personally appeared ~~,,¡ .>~..ck'7' W;:!c~:'"
to'meknowntobethe ðúl/?ð£r (;?) of 5'A'S ¡;J"'.I~¥-H1~~ ,
who executed the foregoing instrument and acknowledged tha~ executed the same for and on
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Counlyof .~.,:",. ,)¡" , ~~/J~
L'lnc I !. ~n Slate of
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My Commission Expires:
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