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HomeMy WebLinkAbout967938Statement of Lien page 1 of 2 STATE OF WYOMING COUNTY OF LINCOLN Q 0 RECEIVED 11/14/2012 at 9:49 AM RECEIVING 967938 BOOK: 798 PAGE: 114 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATEMENT OF LIEN ss. I, Gloria Hintze, President of Shooting Star Subdivision Owner's Association, Inc., a Wyoming Corporation, being first duly sworn, hereby state as follows: 1. Shooting Star Subdivision Owner's Association, Inc., (hereinafter Association) is located at P.O. Box 1201 Thayne, Wyoming, 83127 and is the entity hereby seeking enforcement of this Lien. 2. Under the provisions of the Declaration of Covenants, Conditions and Restrictions (hereinafter Declaration) for Shooting Star Subdivision, Dennis Lisa Shepherd owe to Shooting Star Subdivision Owner's Association, Inc., the amount of $1148.46. 3. The last known address of Dennis Lisa Shepherd is 2952 Woolley Way, Magna, Utah, 84044. 4. Said debt is owed because of the said Shepherd's obligation under "the Declaration" to pay the annual assessments or charges and special assessments of the said Association. 5. The names of the persons against whom this Lien is claimed are Dennis and Lisa Shepherd. 6. This Lien is for the Association dues and special assessments due and owing to Shooting Star Subdivision Owner's Association for the years 2010, 2011 and 2012 including interest in the total amount of $1148.46. 7. The legal description of the property subject to this LIEN, which was benefitted by the services of the Association is: Shooting Star Subdivision Lot 4, T34 R118 S17 according to the official plat recorded in the Lincoln County, Wyoming. The parcel #34181740025800. 8. A copy of the Declaration creating the obligation referred to herein is attached as "EXHIBIT A Dated this /3 day,: f November, 2012. loria Hintze, President Statement of Lien Page 2 of 2 SUBSCRIBED AND SWORN TO AND ACKNOWLEDGED before me by Gloria Hintze, who acknowledged further that she is president of Shooting Star Subdivision Owner's Association, Inc., and that she signed the foregoing STATEMENT OF LIEN for and on behalf of Shooting Star Subdivision Owner's Association, Inc. pursuant to her authority from said Corporation's Board of Directors, this 13 day of November, 2012. WITNESS my hand and official seal. MARILYN 14044 COUNTY OF LINCOLN \;•fie MY COMMISSION EXPIRES JUNE 9, 2016 STATE OF WYOMING My commission expires: 0 aG 001 'P" r Declaration Covenants, Conditions and Restrictions For Shooting Star ubdivisio �—iso g Recorded 4..6.Z 1., 199...at .M 'l 1 In Book .NM. Page. �9 Kemmerer, WY. 8 Moe, No Y ...Marsha Moe Clerk THIS. DECLARATION, made on the day hereinafter set forth by- Mountain Maple Development Co., a Wyoming Corporation, hereinafter referred to as "Declarant the owner or beneficial owner of Lots 1 through 19 of the Shooting Star Subdivision, Lincoln County, Wyoming, according to that plat recorded in the Office of the Lincoln County Clerk on the /S day ofJuly, 1995, as Plat No and which shall herein -after be referred to as the "properties NOW, THEREFORE, Declarant hereby declare that all of the properties described shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions. which are for the purpose of protecting the value, desirability and scenic nature of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof. ARTICLEI DEFINITIONS Section 1 "Association" shall mean and refer to a Wyoming Non Profit Corporation to be incorporated by Lot owners. erection 2. "Declarant shall mean and. rirSer to Mountain Mapliteielopment Co., their successors and assigns if such successors or assigns should acquire more than one undeveloped lot from the Declarant for'the purpose of development and are designated by the Declarant as the successor declarant. 0: 'Section 3 "Lot" shall mean and refer to any of the plots of land described above and shown upon any recorded subdivision map of the properties w±'h the exception of the common area. Section 4. "Owner" S c• •1•- s ::ecrued owr,,c., sv:I.i::LS one or more persons or entities, of a fee simple title to any lot, including contract buyers and owners of a beneficial interest, but excluding those having such interest merely as security for the performance of an obligation: “.ction S. "Properties" shall mean and refer to that certain real property known as the Shooting Star Subdivision, in accordance with the Plat filed for record on the he of day of July, 1995. in Lincoln County, Wyoming, as Plat No.36 9 and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 6. "Shootina Star Subdivision" shall mean and refer to the subdivision or development known as Shooting Star Subdivision. ARTICI.i?II ASSOCIATION FORMATION, DfEMI3ERSIHIPAND VOTING RIGHTS Section 1. Association Formation(. The Association shall be formed at such time that three (3) lots are sold. Upon formation of the Association, ownership and responsibility for all common areas within Shooting Star Subdivision shall be transfered from the Declarant to the Association, the Declarant shall be removed from ownership or responsibility for all common aces within the Shooting Star Subdivision at such time. 0011' Section 2. Association Membership. Every owner of a lot within the Shooting Star Subdivision, including the Declarant as long as Declarant owns a lot, shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. Section 3. Voting Rights. TheAssoeiatiori shall have one class of voting membership. The members shall be all owners of lots, including the Declarant as long as Declarant owns a lot, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, But in no event shall more than one vote be cast with respect to any lot. ARTICLE III COVENANT FOR MAJRTENANCEASSCSSMENTS ,Section 1. Creation of the Lien and Personal Obligation ofAssessments. Each owner of any lot by acceptance ofa deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and to pay to the Association (a) Annual assessments or charges; and (b) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. (c) Shooting Star Subdivision irrigation water system fee. (d) Lost Creek Irrigation Co. irrigation water system fee. The annual, special assessments and irrigation fees, together with interest, costs and reasonable attorney's fees shalt be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. Section 2. Purpose of Assessment The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the property and for the improvement and maintenance of the common area and of the homes situated upon the properties, to include road maintenance, snow plowing, utility line maintenance, property owners association clerk's and water master's wages, mailing costs and other related expenses incurred on behalf of the property owner's association. Section 3. Maximum Annual Assessment, Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment, not including irrigation fees, shall not exceed twenty-five Dollars (525.00) per month per developed residential lot or fifteen dollars (515.00) per month per undeveloped residential lot, to be assessed on a one time per year basis unless otherwise determined by the Association. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment, not including irrigation fees, may be increased each year not more than five percent (5 or by the Cost of Living Index increase, whichever is the highest, above the maximum assessment for the previous year without a vote of the membership.. (b) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment, not including irrigation fees, may be increased above five percent (5 or by said Cost ofLiving Index increase by a vote of two- thirds (213) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. 2 0 0