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Home My WebLink About964723133153 RECEIVED 5 /24izu z di 11:39 AM RECEIVING 964723 BOOK: 786 PAGE: 639 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING IN THE MATTER OF THE CONSERVATORSHIP OF: RICHARD H. DIMOND, An Incompetent Person, No. 2937 ORDER AUTHORIZING SALE OF REAL ESTATE (0639 KENT ,kET,--! D. P O2ERTS CF ;L TRiC;T COURT 3rr ^iA!_ DISTRICT L C2d_N COUNTY, STAFE OF WYOMING This matter comes on before the Court upon the Sixth Petition for Authority to Sell Real Estate as filed herein by the Co- Conservators; and the Court, having reviewed the file of record herein and being duly advised in the premises, finds that each and all of the statements in said Sixth Petition are true and correct; that all persons holding remainder interests in the subject real property have filed their consents to the proposed sales of the Ward's life estate interests therein and have waived a hearing in this matter; that the sale of the Ward's interests in the subject real property is in the best interests of the Ward; and that therefore the Co- Conservators ought to be authorized and instructed to complete the proposed sales of the Ward's interests as prayed for in said Sixth Petition. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Co- Conservators of the above captioned Conservatorship be, and they hereby are, authorized to sell the Ward's interests in and to the following described real property located in Lincoln County, Wyoming, to -wit: PARCEL 1: 2 4 0 Parcel 1 as shown on the below referenced map on file in the Office of the Clerk of Lincoln County as Map No. 91 -A, Accession No. 830569, within Tract No. 41 and Section 32, Township 24 North, Range 119 West and within Tract Nos. 67 and 77 and Section 5, Township 23 North, Range 119 West, Lincoln County, Wyoming, Except that part shown on said map as Parcel lA and described in that record in said Office in Book 395 of Photostatic Records on Page 866, secondarily described as follows: Beginning at Corner No. 1 of said Tract No. 77 on the west line of said Tract No. 41; thence North 00 °20' 18" East, 179.66 feet, along said west line to the southwest point of said Parcel 1A; thence South 89 °57'33" East, 1079.12 feet, along said south line of said Parcel lA to its southeast point on the westerly right -of -way dine of the Union Pacific Railroad (Oregon Shortline Railroad); thence along said westerly right -of -way line as follows: South 03°19'51" West, 1491.20 feet, to a point; South 89 °4226" East, 50.07 feet, to a point South 03°19'51" West, 2842.89 feet, to a point on the northerly line of that exception parcel recorded in said Office in Book 52 of Photostatic Records on page 344; thence North 74°09'51" West, 1580.78 feet, along said northerly line to a point on the easterly bank of the Bear River; thence continuing North 74 °09'51" West, 70.00 feet, more or less, to the thread of said Bear River; thence along said thread as follows: North 09 °54'26" East, 243.69 feet; North 23 18' 13" East, 618.52 feet; North 06 °19'44" East, 564.82 feet; North 16 °32'02" West, 647.04 feet; North 23 °05'19" East, 285.67 feet; North 49 °46'16" East, 268.11 feet; North 21 °16'33" East, 224.32 feet; North 32 °14'07" West, 191.56 feet; North 58 °20'34" West, 178.17 feet; North 75 °01'58" West, 406.12 feet; North 34 °40'07" West, 143.55 feet; North 06'237'25" East, 403.44 feet; North 08 °24'01" West, 198.81 feet, to the north line of said Tract No. 77 and leave said thread; thence South 89°0T47" East, 70.00 feet, more or less, along said north line to a point PARCEL 2: Commencing at Corner No. 4 of said Tract No. 41: 3 on said easterly bank; thence continuing South 89 °07'47" East, 787.26 feet, along said north line to the corner of beginning. TOGETHER WITH all improvements and appurtenances thereon situate or in anywise appertaining thereunto. RESERVING, HOWEVER, to Grantors, their successors and assigns, all of Grantors' interest in and to the mineral estate lying in, upon, underlying or across the above described premises, including but not limited to, metallic, non metallic, coal, oil, gas or other hydrocarbonous substances which may be mined or removed by Grantors, their successors and assigns. Parcel 2 as shown on the below referenced map on file in the Office of the Clerk of Lincoln County as Map No. 91 -A, Accession No. 830569, within Tract 41 and Sections 32 and 33, Township 24 North, Range 119 West and within Tract Nos. 66 and 67 and Sections 4 and 5, Township 23 North, Range 119 West, Lincoln County, Wyoming, Except that part shown on said map as Parcel 2a and described in that record in said Office in book 395 of Photostatic Records on Page 866, secondarily described as follows: thence South 89 °57'33" East, 1406.86 feet, along the northerly line of said Tract No. 41 to the northwest point of said Parcel 2A on the easterly right -of -way line of the Union Pacific Railroad (Oregon Shortline Railroad): thence South 03 19'51 West, 2440.52 feet, along said easterly right -of -way line and the westerly line of said Parcel 2A to its southwest point and the point of beginning: thence South 89 °57'33" East 2602.08 feet, along the south line of said Parcel 2A to its southeast point on the westerly right -of -way line of U.S. Highway 30 North; thence along said westerly right -of -way line as follows: S 00 °07'15 West, 4628.56 feet, to Marker Sta. 673 -97.7 the beginning of a curve to the right; southwesterly, 534.41 feet, along an arc of said curve having a central angel of 10 °58'32 with a radius of 2789.79 feet and chord bearing South 05°36'31" West, 533.59 feet, to the northeasterly point of that exception parcel described in said Office in Book 52 of Photostatic Records Page 344, and leave said right -of -way line: 00641 thence North 74 °09'51" West, 2955.87 feet, along the northerly line of said exception parcel to said easterly right -of -way line of said Railroad; thence along said easterly right -of -way line as follows: North 03°19'5P' East 2870.37 feet, to a point; South 89 °4T26" East, 50.07 feet, to a point; North 03°19'51" East, 1492.08 feet, to a point North 03 19'51 East, 1492.08 feet, to the point of beginning. Less and except that property described in Warranty Deed recorded January 14, 2011 in Book 760PR, Page 623 of the Official Clerk Records of Lincoln County, Wyoming TOGETHER WITH all improvements and appurtenances thereon situate or in anywise appertaining thereunto. RESERVING, HOWEVER, to Grantors, their successors and assigns, all of Grantors' interest in and to the mineral estate lying in, upon, underlying or across the above described premises, including but not limited to, metallic, non metallic, coal, oil, gas or other hydrocarbonous substances which may be mined or removed by Grantors, their successors and assigns. 4 n0642 as follows: Parcel 1 to Teichert Brothers LLC, a Wyoming limited liability company; and Parcel 2 to Kim Clark and Jill Clark, husband and wife, as tenants by the entireties; that said sales of real property are hereby confirmed in accordance with all of the terms and conditions of that certain Contract to Purchase Real Estate and that certain Agreement for Purchase and Sale of Real Estate attached to said Sixth Petition; and that upon completion of the sales of the above described lands, all interests of the Ward, including the Ward's life estate interests therein, are terminated. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon the completion of said sales and the receipt by the Co- Conservators of the total amounts due under said Contract to Purchase Real Estate and said Agreement for Purchase and Sale of Real Estate, the Co- Conservators shall execute and deliver to the respective purchasers deeds of conveyance and other instruments as DATED thise "day of may be reasonable and necessary to complete the proposed sales of the Ward's interests in the subject real property. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to Sections 1 32- 306, et seq., W. S.A. (2011), that the Ward shall have a life estate interest in and to two- thirds (2/3) of all monies received by the Co- Conservators from said sales (the "Life Estate Funds and that the Co- Conservators, Weston R. Barker and Timothy O. Beppler, are hereby appointed as co- trustees to invest and manage the Life Estate Funds in accordance with the provision of Sections 1 -32 -307, W.S.A (2011); provided, however, that said co- trustees shall not be required to post any security for the faithful discharge for their duties in addition to the bond already posted as Co- Conservators herein; and provided further that said co- trustees shall report to the Court their proceedings and the condition of said investment at the time they file their annual conservatorship accounting herein. The remaining one -third (1/3) of all monies received by the Co- Conservators from said sales shall be deposited in the Conservatorship account(s) for the immediate use and benefit of the Ward in accordance with the laws of Wyoming pertaining to such Conservatorship. 5 `ANDERS District Judge dd �y p STATE OF &FNO0J NG COUNTY OF ULNCOLN N,, Kenneth O. Roberti, Clerk of the Third Diaa rice Court within and foresa d county and in r State of jfor :said, hereby c, et,{6y the foregoing to be a M, true, and complete copy SCNE 00643