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RECEIVED 8/28/2008 at 11 :00 AM
RECEIVING # 941682
BOOK: 703 PAGE: 396
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Return to:
Todd Richardson
Husch Blackwell
Sanders
1620 Dodge St.
Ste,2100
Omaha, NE 68102
SPACE ABOVE THIS LINE FOR RECORDER
DECLARA nON OF RESTRICTIONS
BY
WITNESSETH:
WHEREAS, T. Paul Stauffer, Sharon Stauffer, Alan C. Stauffer and Jill Stauffer (the "Owner"),
owns the real estate legally described as follows:
Part of Lot 2 in Block 20 of Afton Townsite, described as follows, to-wit:
Beginning at a point which is 21412 feet South from' the Northwest corner of said Lot 2 in said Block 20
of Afton Townsite, and running thence East 36 feet, thence South 1612 feet, thence West 36 feet, thence
North 16 12 feet, to the place of beginning, together with the improvements thereon, consisting of the
North half, or portion of the Jensen Building, and the appurtenances, and ALSO
Beginning at a point which is 5 rods North from the Southwest Corner of Lot 2 in Block 20 of Afton
Townsite, and running thence North 1 rod, thence East 36 feet, thence North 1 rod, thence East 129 feet,
thence South 2 rods, thence West 10 rods to the place of beginning, together with improvements and
water rights in Lincoln County, Wyoming (the "Property"); and
WHEREAS, pursuant to that certain Phannacy 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 phannacy 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.
11
00&397
IN WITNESS WHEREOF, Owner has executed this Instrument as of
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.on this ;2 ~~ day of . h.'£"I" ,2~foremet e '¡Z7lt~
undersIgned, a Notary PublIc In and for a~d tate, personally appeared llbpI5/l'jq~ ~)1J01 [
to me known to be the OW;1("/lf of ,4;- fd',c k;;'- ~ ,,'If ß Æch;:1-0 (J.,c ,,,4;::::' ,>, y..,..
who executed the foregoing instrument and acknowledged that/lt~xecuted the same for and on
behalf of said corporation.
-~¥
WADE K. IZATT - NOTAfW PUBLIC
STATE OF
COUNTY OF
County 01
Uncoln
State 01
Wyoming
My Commission Expires October 5, 2011
My Commission Expires:
.oWNER: X '[ J J;qr;.
By: T. Paul Stauffer
Title: President
.oWNER: ->4A /.LA.~ ~øt4)
By: Sharon Stauffer
Title: .owner ~
OWNER: ¿~C ~~
By: Alan C. Stauffer
Title: secretarYrrr~as~
OWNER: ;;J£r.
By: Jill Stautfur
Title: Owner
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Notary ublic /'
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