HomeMy WebLinkAbout943873
RECEIVED 12/1/2008 at 11 :27 AM
RECEIVING # 943873
BOOK: 710 PAGE: 47
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Page 1 of 13
COVENANTS AND RESTRICTIONS OF
THE GOMM FAMILY ASSOÇIATION SUBDIVISION
STATE OF WYOMING
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COUNTY OF LINCOLN
WHEREAS, the Gomm Family Association, Inc., hereafter called the Corporation, is the sole owner
of the property as depicted on the Gomm Family Association Subdivision Amended as the same is described
on the Plat of said Subdivision as filed and recorded in the office of the Lincoln County Clerk and said
Amended Plat for said subdivision is by this reference llllade a part hereof.
WHEREAS, the undersigned desires to place certain covenants and restrictions on said subdivision
for the benefit and protection of the undersigned and those owning lots in said subdivision; and
WHEREAS, the undersigned desire that this instrument shall define the covenants and restrictions
upon said subdivision and shall be incorporated by reference into the deeds and contracts to persons
purchasing lots, located in said subdivision with said covenants thereby intended to apply to each lot and to
run with the land through subsequent transactions.
NOW, THEREFORE, all ofthe property as described in the GommFamily Association Subdivision
Amended above described, is subject to the following listed covenants and restrictions, to wit:
A. GENERAL TERMS
1. The Gomm Family Association, Inc. Board of Directors will be replaced by a Gomm Family
Association Management Committee (hereafter called the Management Committee) composed of
seven (7) members including one representative from each of the families of the seven (7) original
children of Ben and Opal Gomm, or the current owner of each lot, who will serve without payor other
compensation.
2. The Corporation Bylaws as written in 1988 will be amended to conform to these Covenants and
Restrictions. .
3. All of the land currently held by the Gomm Family Association, Inc. shall be divided into eight (8)
lots as shown on the division plat as Gomm Family Association Subdivision Amended described and
recorded in Lincoln County, WY as Instrument # 943628 , hereinafter referred to as the "Plat".
Individual lots shall be conveyed to those named thereon subject to covenants and restrictions
hereafter set forth and titles to individual lots shall be subject to recording in the office of the Clerk
of Lincoln County. All persons who shall own or have use of any lot shall be subject to the binding
agreements, covenants, and restrictions contained in this document including any that may hereafter
be approved by the Management Committee. The heirs and/or successors of such owners shall also
be required to conform to and observe the same.
4. The "Pond Lot" as shown on the above referred to Plat, which consists of that part of the pond area
included in the subdivision shall remain in the ownership of the Corporation. It shall be managed by
the Management Committee and have no separate vote. In the event that the Management Committee
determines that the pond be drained permanently, or for other reasons the Corporation determines to
divest itself of the "Pond Lot", said lot shall be divided by extending the boundary lines that now
divide the five (5) lots on the east bank of the pond to the west boundary of the subdivision, and
ownership will be given by quit claim deed from the Corporation, without cost of the land, to the
owners of each of the five (5) adjacent land lots. This provision of the covenants may not be changed
by the Management Committee or others.
5. The Association will be governed by the Management Committee of seven (7) members, each
representing one ofthe seven (7) individually owned lots. A member ofthe Management Committee
shall be limited to: (1) a Gomm family member and/or specified heir of one ofthe children of Ben and
Opal Gomm, who is the owner of the seven individually owned lots; (2) a specified representative
from the Gomm family involved if the lot owner is an otherwise entity, such as a trust; and (3) the
owner of the lot if it is owned by a non-family member. Voting will be limited to one (1) vote per
lot/member with seven (7) votes total. A member of the Management Committee may designate a
proxy for voting only in his/her place.
6. These Covenants and Restrictions remain binding unless an instrument is signed by six (6) of the then
seven (7) owners of the individually owned lots who agree to changes in said covenants in whole or
in part with the exception of A-4 regarding disposition ofthe "Pond Lot" which may not be changed.
Ûq~ßiÞ13
Since it was the intent of Ben C. and Opal A. Gomm that this property remains in the ownership of
their posterity, any sale or change in ownership of a given lot outside of family members and their
specified heirs within the same line will be offered first to members of other family lines by right of
first refusal before being offered to anyone outside the family. Order of first refusal will be by: (1)
family members considered heirs by an original child within that same line prior to announcement to
the family at large; (2) children of Ben and Opal Gomm for sixty (60) days; (3) then by members
considered heirs by an original child within succeeding generations in other Gomm family lines for
an additional sixty (60) days; (4) then to others in the public at large.
An offer to sell outside the immediate family line qfthe lot owner must be publicly announced to all
at a regular Management Committee meeting and must remain open for a period of not less than 120
days. The lot owner is responsible to display an obvious and noticeable sign, near the roadway on the
lot to be sold, for not less than 120 days advertising its availability. Should the sale price of the
property subsequently be lowered, another round of first right of refusal opportunities for family
members in the order specified above must be undertaken. Proposed sale oflots by a non family owner
must be offered first to Gomm family members through the Management Committee and the outlined
procedure must be followed before a lot can be offered to others outside of the Gomm family.
7. Since the Gomm Family Association, Inc., was established as a legacy and was intended for the
Gomm Family members only, access to and use ofthe "Pond Lot" may not be included as part of the
sales agreement for any other lot if that lot is sold outside the family. However, such use may be
extended to non Gomm family owners subject to invitation or permission with the provision that all
rules and agreements pertaining to such use are accepted and followed.
8. An annual meeting of the Management Committee will be held each year at a time and place
designated by the Chairman. Other meetings may be called when two (2) or more ofthe members of
the Committee deem it necessary. Advance notice and agendas must be distributed at least two weeks
prior to any meeting. Minutes must be taken and made available upon request to the general family
membership within two weeks following any such meeting. Other family members not on the
Management Committee may attend and observe at any regular meeting of the Management
Committee.
9. No lot within the subdivision shall be split, unless each portion split off is then consolidated with a
contiguous lot.
B. SELECTION, TERM, AND RESPONSIBILITIES OF ASSOCIATION OFFICERS:
1. Members of the Management Committee shall be limited to the current lot owner if an individual, or
an appointed representative if the lot owner is a legal entity.
2. A Chairman will be selected by rotation, according to the chronological birth order of the original
seven (7) children from the Management Committee to be the principal officer and director of the
Association. The term of office shall be one (1) to three (3) years, as approved by the other members
ofthe Management Committee. A Vice Chairman will also be selected by a similar rotation, one step
removed, and will replace the Chainnan at the end of his/her term of service. Should a nominee
decline or be unable to serve as either Chairman or Vice Chairman, the office may be rotated to the
next in line by the Committee.
3. A Secretary/Treasurer will be selected by the Management Committee from the family members at large
and the term of office will be three (3) to five (5) years as approved by the Management Committee with
a consecutive one term limit. The Secretary/Treasurer will be responsible for depositing and disburse
funds from an Association bank account to meet Association financial obligations including those
accrued for the operation and maintenance of the Association's infrastructure, take minutes of meetings
and serve as secretary to the organization as requested. Disbursement of funds will require the signatures
of two officers if by check, or approval by two officers if paid on-line.
The Secretary/Treasurer will prepare a financial statement for presentation at the annual Management
Committee meeting. Once each year, the financial records kept by the Secretary/Treasurer will be audited
by two members of the Management Committee who are other than the current officers.
4. Management Committee responsibilities shall include the authority to collect and disburse funds for
Association needs, make decisions regarding the management and maintenance of the subdivision
facilities and infrastructure, and establish and enforce regulations and restrictions for the safety and
protection of persons and property on land and property which it manages.
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Page 3 of 13
C. MAINTENANCE OF BUILDINGS, PROPERTY, AND OTHER FACILITIES
1. All new buildings must meet acceptable building standards, quality, and appearance guidelines as
established and approved by the Management Committee. Only one (1) permanent residential structure
will be permitted on each lot. All lots are subject to these restrictive covenants and except for the "Pond
Lot" shall be used for single family residential purposes only, it being expressly understood that no
commercial activity, including rentals, shall be conducted thereon.
2. Any new construction shall be no closer than ten (10) feet to the lot boundary unless variance is secured
from the adjoining property owner.
3. No improvement shall be built unless it conforms with all requirements of the Lincoln County planning
authority.
4. All roofs must be covered with wood shakes, asphalt shingles, or metal paneling of a brown color,
depending on insurance requirements.
5. While lots are approved for only one (1) family unit, immediate family members and/or guests may
temporarily occupy the premises with the lot owner. Trailers, motorhomes, and other camp-type
facilities may be used for short hme visits, but may not be stored on lots when not in use for extended
periods of time.
6. Rubbish, trash, and/or debris on all lots must be cleared away regularly by the owner and may not be left
on the property. No dumping of any kind is allowed on lots. All vehicles, trailers, and the like must be
in operating condition and may not be left unused on the property for extended periods of time. Excess
building materials and other such items must be stored neatly and cleared and removed in a timely way
when the projects requiring them are completed.
7. Any maintenance item approved by six (6) of the seven (7) members ofthe Management Committee, and
done for the common benefit of the neighborhood, will be maintained by all owners and all expenses,
repairs and costs of operation will be paid for equally either by special assessment or from Association
funds.
8. The lot owner must maintain appropriate care of grass, trees, septic tanks, and other features on his/her
lot. Lawns must be mowed periodically throughout the summer months beginning no later than 4 July
each year, both for appearance and to keep down the fire danger. Weeds must be controlled to prevent
spreading to neighboring lots. If not performed on time, this work may be hired out to a maintenance
person or a qualified pesticide applicator and the owner will be charged for the expense.
D. ACQUISITION AND DISTRIBUTION OF FINANCIAL OBLIGATIONS FOR MAINTENANCE
OF INFRASTRUCTURE AND UTILITIES
1. The amount of an annual assessment made to each lot owner to cover Association expenses shall be
determined by the Management Committee. Such assessment must be paid within ninety (90) days of
notification. Iflot owners fail to pay assessed fees, the Management Committee may enforce compliance
by restricting use of facilities or by legal proceeding.
2. The amount of the annual assessment will be sufficient to cover all Association financial obligations
including roadway maintenance, water source and delivery, sewage disposal main line and drainage field,
electrical service charges for operation of the well pump, premiums for liability insurance relating to the
Gomm Family Association, taxes on the "Pond Lot", LLC fees, and all other Association funded
responsibilities given to the Committee.
3. Individual lot owners shall be responsible for payment of taxes, fire and liability insurances, and utility
service costs on their property. Taxes, fees, and insurance related to the "Pond Lot" will be paid by the
Association for the Corporation.
4. Covenant for Maintenance Assessment: Creation of lien and personal obligation for assessment. Each
owner of any lot by acceptance ofthe deed therefore, whether or not it shall be so expressed in such deed,
is deemed to covenant and agreed to pay the Management Committee any assessments or charges that
are levied by the Management Committee. In the event that the assessment is not paid, the Management
Committee is authorized to initiate appropriate action to recover the same together with interest at the
highest legal rate, costs and reasonable attorney's fees and the same, including the assessment, shall be
a charge on the land and shall be a continuing lien upon the property against which such assessment is
made. Each such assessment, together with interest, costs, and reasonable attorney's fees shall also be
the personal obligation ofthe person who was the owner of such property at the time when the assessment
fell due.
00&050
Page 4 of 13
E. RESTRICTIONS ON USE OF INDIVIDUAL LOTS:
The following restriction on the use of individual lots shall be implemented with this document. Other restrictions
as deemed necessary and appropriate may be established from time to time by the Management Committee.
1. No activity of any kind will be permitted on subdivision property that violates or transgresses any law
or provision established by any governing agency with jurisdiction over the property, its owners,
residents, or guests. Should violations occur, the Association will fully participate in compliance with
and enforcement of such laws and/or provisions, providing that such laws are in compliance with the
Constitution of the United States of America.
2. No noxious, illegal, or offensive activity will be conducted upon any lot, nor will anything be done
thereon which may be or may become an annoyance or nuisance to others in the neighborhood. This
provision includes but is not restricted to use of illegal drugs, illicit activities, and/or excessive alcohol
use.
3. Fireworks of any kind are prohibited within the Gomm Family Association Subdivision.
4. The use of firearms is prohibited except for the control of obnoxious vermin (i.e., ground squirrels,
muskrats, and the like) and only then when the safety of persons, or livestock, and/or property is not
jeopardized.
5. Outside burning of garbage and nontoxic waste products is permissible within legal guidelines and is
restricted to covered burn barrels or enclosed fire rings. All such materials must be completely burned
at the time and all can residue, ashes, broken glass, and other hazardous materials must be removed
regularly. Such fires must be appropriately set, supervised, and put out to prevent fires or other damage.
6. No commercial activity of a pern1anent nature, or time share use ownership with other than family
members is permitted. Lot owners may allow short term use of their facilities by other than family
members, but owners must notify neighboring lot owners if such guests are not accompanied by the
owner or members of his/her family. Guests must abide by all covenants and restrictions, and it is the
responsibility of the lot owner to make them aware of such. Owners are responsible for his/her guests'
conduct and have the responsibility to deal with any problems that arise as well as assume liability for
any damage to persons or property that may occur during such visits whether or not he or she
accompanies them.
7. Access to and use of the pond is available to Gomm family members of all family lot owners subject to
adequate supervision of children, respect for property, observance of appropriate safety rules, and
compliance with other restrictions established by the Association. Users must wear flotation vests at all
times, exercise appropriate consideration for the safety of themselves and others both on the water and
in the surrounding area, exercise proper care of equipment used, and repair or replace any damaged or
lost property (i.e., boats, floats, docks, oars, residential facilities, etc.) No horseplay, dunking, running,
pushing, or other unsafe practices are allowed either in or around the pond. All children must be
personally supervised by their parents or another assigned adult at all times. Users accept and assume
all risks inherent in such an amenity and its environment whether summer or winter, and the Corporation
shall be held harmless for any damage, injury, or other mishaps that may occur. The Management
Committee may have the right to refuse or limit access to the "Pond Lot" and neither it nor the
corporation assumes any liability whatsoever for accidents, injuries, or other problems occurring in or
around the pond.
8. Fencing between individual lots is prohibited, and traveling across individual lots whether by foot or
vehicle is limited to approved roads and existing pathways.
9. Dogs mustbe kept restrained on the animal owner/family lot or on a leash if the animal is taken off that
assigned property. Dogs may not be allowed to bark or howl unduly and should not be left unattended
for any length oftime. Animal owners are responsible for the damage caused by pets, and all pet residues
must be cleared daily to avoid nuisance to others, odor, and insect infestations.
10. Overnight parking of motor homes or camp trailers is not permitted on established roadways within the
Gomm Family Subdivision. Any other parking shall not block or hinder movement of other vehicles
within common areas.
11. Rights to the use or trespass on adjacent properties to that owned by an individual lot owner are not
automatic. All use or access on the property of others requires consent to do so from the owner of such
property for each event.
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Page 5 of 13
12. While the main roadway right of access shall be provided across each property, such easements do not
include turn areas. It shall be the right of the lot owners to reconfigure the access road on his/her own
lot if they choose to do so, at the owner's expense.
13. Roadway use is primarily for ingress and egress to and from lots within the subdivision. Roadways and
paths are not to be used as a raceway or track for all-terrain-vehicles (ATVs) and other vehicles, such as
motor bikes, go-carts, motorcycles, snowmobiles, etc. Vehicular traffic of all types shall be restricted to
reasonable, slow, and safe speed limits as determined by the Management Committee, which shall give
appropriate consideration to the peace and quiet of surrounding residents as well as to restricting dust and
noise from such traffic.
F. GENERAL PROVISIONS:
1. These covenants and restrictions shall be binding upon all parties and persons who own or use lots in this
subdivision, including families and guests, subsequent owners, and other users, as indicated by the
signature of the current lot owners, or their family representative if representing a family's entity (i.e.,
Trust), and shall carryover and be binding upon any subsequent owner(s) of any lot and their families
and guests. It is understood that each of the signers/lot owners has read this document and accepts it in
its entirety as binding on all concerned.
2. When necessary, enforcement shall be by proceedings at law or in equity against any person violating
any covenant or restriction either to require compliance, restrain violation, or to recover damages. The
prevailing party in any action shall be entitled to recover their costs and reasonable attorneys' fees
incurred in such action.
G. COMMON USE AREA:
1. The properties above described shall be subject to a perpetual easement for the main access roadways,
(which do not include turn areas), sewer lines, water lines, utility lines and the pond area as generally
depicted on the plat of the Gomm Family Association Subdivision Amended and filed in the Office of
the Lincoln County Clerk, Lincoln County, Wyoming and each lot is subject to the common usage of the
main access roadway, sewer lines, utility lines, water lines and the "Pond Lot" which use shall be
maintained for the common use and benefit of the property owners ofthe above described subdivision.
An easement for common use of a suitable multi-family group picnic area, yet to be located and
described, will be granted to the Association by the owner of Lot 6, at a location mutually agreed to, and
that group area will be managed and maintained by the Management Committee.
2. The sewage system installed for the subdivision is the responsibility of all individual property owners
and has been installed and will be maintained at a pro rata expense for each lot individual owner with
each lot owner to pay 1/7 of the charge for the operation and maintenance of said facility.
3. The domestic water system installed for the subdivision is the responsibility of all individual property
owners and shall be maintained at a pro rata expense for each lot owner with each individual lot owner
to pay 1/7 of the charge for the operation and maintenance of said facility.
4. Each property owner in the above described subdivision does hereby grant to all other property owners
in the subdivision a continuing and perpetual easement for the purpose of access including ingress and
egress on the main roadway, utilities including water, sewer, power, telephone and any other utility lines
and the right of access as described to the pond as depicted on the above referred to plat, which easement
shall be granted to each respective property owner for the purpose of their mutual benefit. All parties
owning property in the subdivision desire to grant easements to each other allowing each party and their
invitee's to access the main roadways, pond area, and utility areas as depicted on the plat for common
usage of said properties for the benefit of all property owners. The owner of Lot 6 shall grant an easement
to the Association for an area large enough for a multi-family group picnic area.
5. Each party agrees to pay its pro rata share of the operation and maintenance of the common areas
including the pond, roadways, picnic area, and utilities annually or at such other time as they agree. Such
pro rata share shall be determined according to the ownership of each of the seven (7) individually owned
lots and each party shall pay 1/7 of the cost associated therewith.
6. Indemnification - Each lot owner shall indemnify and hold the other lot owners harmless for any damage
or injury, whether property or personal, to themselves, their families, or any third party whom any owner
or party allows to use the above described common area. This indemnification and hold harmless
includes the expenses of reasonable attorney's fees, court costs, and any damages assessed against any
party because of the use or maintenance of the comnlon area by the other party.
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Page 6 of 13
GOMM FAMILY ASSOCIA nON, INC.
ATTEST:
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Fred Bryant Go , haI an
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Ben Parker Gomm, Vice Chairman
STATE OF lJTAtt
COUNTY OF DAV(<;
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) 55.
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The above foregoing instrument was subscribed and sworn to before me this Zç. day of oC{'t>e.e; «. ,
2008 by Fred Bryant Gomm, Chainnan, Ben Parker Gomm, Vice Chainnan and Thiel James Gomm,
Board Member, pursuant to the authority of the Board of Directors ofGomm Family Association, Inc.
WITNESS my hand and official seal.
W4t-
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l ASHLEY AHRENSBACH
~ ..; Notary Public
~. .. " State of Utah
My Comm, Expires Mar 12 2009
14365 Legend Hills Dr 51e 100 ClearlleJd UT 84015
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Page 7 of 13
Fred Bryant Gomm and Dorothy Ann B. Gomm Joint Trust dated March 12, 1991
éOiJ053
BY:~~~
Fre ryant Trustee
By: Cf:> r;f5; ~é 1l-
Dorothy An B. Gomm, Trustee
STATE OF VTf\tt
COUNTY OF DF\V IS
)
) ss.
)
The above foregoing instrument was subscribed and sworn to before me by Fred Bryant Gomm and
Dorothy Ann B. Gomm, Trustees ofthe Fred Bryant Gomm and Dorothy Ann B. Gomm Joint Trust
dated March 12, 1991, this 2$ day ofOCThßGr< ,2008.
WITNESS my hand and official seal.
ASHLEY AHRENSBACH
Notary Public
~ ". State of Utah
. ..,,' My Comm. Expires Mar 12, 2009
1436 S Legend Hills Dr Sfe 100 Clearfle/d UT 84015
Page 8 of 13
(:-00054
E Merrill Gomm and Beverly N. Gomm Trust dated June 2, 2005.
B~a/~~~-?/-1
Beverly N. m, Trustee
STATE OF'J'fAI-\
COUNTY OF f)~ I ~
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The above foregoing instrument was subscribed and sworn to before me by Beverly N. Gomm,
Trustee ofthe E Merrill Gomm and Beverly N. Gomm Trust dated June 2, 2005, this '''2,.S day
of OcrOØ€:~ , 2008.
WITNESS my hand and official seal.
ASHLEY AHRENSBACH
Notary Public
State of Utah
My Comm. Expires Mar 12. 2009
1436 S Legend Hills Dr Sle 100 Clearfìeld UT 84015
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BenP. Gomm
9 of 13
)þcff- ~- E~
Dorene E. Gomm
STATE OF
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éOiJOSS
COUNTY OF
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The above foregoing)nstrument was subscribed and sworn to before me by Ben P. Gomm and
Dorene E. Gomm, this ~ day of 0 (to b0t , 2008.
WITNESS my hand and official seal.
~~~r)
otary Pu ic
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IHIWV ITMfGEft
...... PIIIIIfc
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CIIIm.No.574107
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Th I J. omm
STATE OF ~ )
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COUNTY OF VWV \7
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Lola B. Gomm
The above foregoing instrument was subscribed and sworn to before me by Thiel 1. Gomm and
Lola B. Gomm, this 2 S day of octo bM , 2008.
WITNESS my hand and official seal.
U jO 01 gih~d
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tary p~
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'4 ,OenIft. No. 174117
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STATE OF U1A\-\-
COUNTY OF PM/IS:
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Page 11 of 13
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The above foregoing instrument was subscribed and sworn to before me by Clifton W. Jenkins,
this '25 day of ~"",fÆP- , 2008.
WITNESS my hand and official seal.
ASHLEY AHRENSBACH
Notary Public
State of Utah
My Comm, Expires Mar 12, 2009
1436 S Legend Hills Dr Ste 100 Clearfield UT 84015
Lila G. Webb Trust dated 17 July 2007
~..4...1 i(/~~~
ila G. Webb, Trustee
STATE OF ~ )
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COUNTY OF 00 ~\ ~ ).
Page 12 of 13
COû058
The above foregoing instrument was subscribe and sworn to before me by Lila G. Webb, Trustee
of the Lila G. Webb Trust dated 17 July 2007, this '2.1Q day of C)c"tOpQ,r ,2008.
WITNESS my hand and official seal.
~~c~
-
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~ SHELLEY STRINGER ,
. Notlry PubHc
Stlte of Utah
. Comm. No. 574107
4 . , IIJcemm. Explr.. Ma, 1. 2012 ·
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Page 13 of 13
~ÇLI~
Annette J. T. Gomm
00&059
STATE OF ---Ùa~
COUNTY OF DaV \'ç
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The above foregoing instrument was subscribed and sworn to before me by Lyle B. Gomm and
Annette IT. Gomm, this ~ day of ~ (to ~ e y ,2008.
WITNESS my hand and official seal.
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. COIIII.No.574107
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