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BOOK: 822 PAGE: 238
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
LEASE /PURCHASE OPTION AGREEMENT
dal
THIS LEASE AGREEMENT made and entered into effective as of
I. LEASE AGREEMENT
by and between Alan W. Lampe and Edward B. Lampe, hereinafter called "Lessors and Kevin
Kilroy and Billie Kilroy, husband and wife, as tenants by the entireties, hereinafter called "Lessee
Y' 2 3 8
WITNESSETH:
1. Description of Premises: Lessor leases to Lessee and Lessee leases from Lessor, as
herein provided, the premises situate and being in the County of Lincoln, State of Wyoming, and
more particularly described as follows:
That property as more fully described on Exhibit "A a copy of which is attached hereto
and by this reference made a part hereof.
TOGETHER WITH all improvements, appurtenances, hereditaments and all other things
thereunto belonging or in anywise appertaining.
SUBJECT, HOWEVER, to all easements, rights -of -way, reservations and restrictions now
of record or otherwise affecting said lands.
2. Term: The term of this lease is for a fifteen month period beginning the 1 s day of October,
2013, and ending December 31, 2014. It is the intent of the Lessor and Lessee that the Lessee or its assigns
will enter into a contract to purchase the property covered by this Lease Agreement and the Lessor and
Lessee agree to negotiate in good faith relating to the acquisition thereof by the Lessee or its assigns.
Provided, however, that if the Purchase Agreement has not been completed pertaining to the acquisition of
the property by the expiration of this lease the Lessor and Lessee agree to extend the lease for an additional
term as mutually agreed.
3. Rent: The rental for this lease is the sum of $1,000 per year, month on or before the 1st day
of October, 2013, and on the first day of each month thereafter during the term of this lease.
'0239
4. Taxes: Lessee will pay when due, all real property taxes and assessments against said demised
premises. Lessee shall pay any and all personal property taxes which may be assessed on Lessee on personal
property found on the premises.
5. Use of Premises: Lessor and Lessee mutually agree that the premises shall be used exclusively
for any and all means associated with the operation of a gravel pit, concrete batch plant and any and all
related operations associated therewith and any other legally authorized uses. Lessor further grants that the
Lessee the right to mine gravel and related materials on the property described herein pursuant to the terms
of that Small Mining Permit, a copy of which is attached hereto marked Exhibit "B" and by this reference
made a part hereof. Lessee shall not permit said premises or any part thereof to be used for any unlawful
purpose or in any manner contrary to law or ordinance and shall not permit any liens to be filed against said
premises.
6. Surrender of Possession: Lessee agrees that upon vacation of the premises, they will pay t Lessor
reasonable compensation for any damages to the premises for which the Lessee is responsible, except for
ordinary wear, loss by fire, inevitable accident, and /or damages by the elements.
7. Maintenance: Lessee shall, at its own cost and expense, be responsible for all maintenance.
8. Utilities: Lessee shall, during the term of this lease, pay for all of the utilities associated with the
above described property.
9. Waste: Lessee shall not commit, or allow to be committed, any waste of the premises, or
nuisance, nor shall Lessee use or allow the premises to be used for any unlawful purpose.
10. Righ of I ns p ection: Lessor reserves the right to enter on the premises at reasonable times to
inspect them, to perform required maintenance and repair, and to make additions or alterations to any part
of the property, and Lessee agrees to permit Lessor to do so.
11. Assignment of Lease and Subletting: Lessor and Lessees agree that Lessee shall have the right
0240
to sublease the property to a company owned or controlled by Lessees.
12. Effect of Waiver: Lessor's waiver or breach of one terms, covenants or condition of this Lease
is not a waiver or breach of others, nor a subsequent breach of one waived. Time is of the essence of this
agreement and if the rent or any other payment above specified shall be unpaid on the day whereon the same
is due and payable, and the same remains unpaid for a period of five (5) days thereafter, or if default shall
be made in any of the covenants or agreements herein contained to be kept and performed, it may and shall
be lawful for the Lessor, his agents or attorney, to re -enter and take possession of the premises, and at his
option to terminate this Lease. It is specifically agreed that failure of the Lessor or Lessee to insist upon
strict performance of the terms, covenants, agreements and conditions hereof, or any of them, shall not
constitute or be construed as a waiver of the right to thereafter enforce any such term, covenants, agreement
or condition, and the same shall continue in full force and effect.
13. Default. In the case of default in any of the covenants contained herein to be performed by
either party, including the covenant to pay rent, the non defaulting party may enforce the performance of this
lease in any manner provided by law. At their option, the non defaulting party may terminate or forfeit the
lease if such default continues for a period of ten (10) days after non defaulting party notifies the defaulting
party of such default and their intention to declare the lease forfeited. Such notice shall be sent by certified
US Mail, Return Receipt Requested, to the defaulting party's mailing address as hereinafter specified. After
such ten (10) day period shall have expired, unless such default is of such nature that it is incapable of being
remedied within such ten (10) day period and provided that the defaulting party diligently prosecutes the
remedy of such default until the same is completely corrected, this lease shall cease and come to an end as
if it were the day originally fixed herein for the expiration of the term. In the event of default by Lessee, then
Lessor' s agent or attorney shall have the right without further notice or demand to re -enter on the premises
or any portion thereof and remove all persons and property therefrom without being deemed guilty of any
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0241
manner of trespass and without prejudice to any remedy for arrearage of rent or breach of covenant, and
Lessor's agent or attorney may rent or lease the premises for any rent obtainable for the account of Lessee.
Lessee shall remain liable to Lessor for any deficiency.
It is expressly agreed that in the event that Lessee shall continue to hold the premises after demand
therefor at the termination of this lease or for default or breach of this lease, that Lessor shall be entitled to
secure a mandatory injunction to recover possession thereof. This remedy, however, shall be cumulative
of and not in lieu of any other rights and remedies granted herein by law.
In the event of any default by either party hereunder, the non defaulting party may remedy such
default and the defaulting party shall reimburse the non defaulting party upon demand for all expenses
reasonably incurred in connection therewith; provided, however, that the non defaulting party may not take
any action to remedy such default unless the non defaulting party first shall have given the defaulting party
written notice thereof and the defaulting party shall not have cured such default within ten (10) days
thereafter, or is such default is of such nature that it is incapable of being remedied within ten (10) day
period, then such greater period as may be necessary to cure such default, provided that the defaulting party
diligently prosecutes the remedy of such default until the same is completely corrected. In the event of
default, the non defaulting party shall be entitled to recover all of their costs, including reasonable attorneys'
fees for enforcement of the terms of this lease or for the termination of the same.
14. Attorney's Fees: In the event Lessor shall bring any action against Lessee to enforce the
payment of any rent hereunder or to enforce any of the terms, conditions or covenants hereof, or commence
a summary action under the unlawful detainer laws of the State of Wyoming, then Lessee agrees to pay to
Lessor reasonable attorney's fees expended by Lessor therein.
15. Successors and Assigns: This Lease, the terms, covenants, and conditions hereof, apply to and
are binding on the heirs, successors, executors, administrators and assigns of the parties hereto.
0242
16. Time: Time of the essence of this Lease.
17. Insurance and Indemnification: Lessee hereby agrees to indemnify the Lessor against and
to hold the Lessor harmless from any and all claims or demands for loss or damage to property or for injury
or death to any person for any cause whatsoever while in, upon or about said demised premises or the
sidewalks adjacent thereto during the term of this Lease. Lessee agrees to take out and maintain with a
reputable insurance company, at its sole cost and expense, public liability insurance against property damage
and personal injury growing out of the use of, or occurring on or about the premises, in the amount of fair
market value of any improvements thereon, with loss payable to both Lessor and Lessee.
Lessee shall at all times indemnify and save harmless the Lessor against and from all liability
howeveiarising by reason of injury or damage to any person or property upon said demised premises.
18. Relationship of Parties: It is understood and agreed that the relationship of the parties hereto
is strictly that of landlord and tenant, and that the Lessor has no ownership in Lessee's enterprise and that
this Lease shall not be construed as a joint venture or partnership.
19. Option to Renew: Lessee shall have the option to renew this Lease Agreement after the initial
lease term has expired upon such terms, conditions and rentals as may be mutually agreed upon between the
parties. In the event that the parties cannot reach an agreement as to the terms, conditions and rentals, then
the Lease Agreement shall so terminate upon the expiration date set forth herein above and this option to
renew shall also terminate.
20. Notices: Any notices which either party may or is required to give shall be given by mailing the
same, postage prepaid, to the Lessee at the premises or Lessor at the address provided for herein above, or
at such other places as may be designated by the parties from time to time.
II. OPTION TO PURCHASE
21. Grant of Option. The Lessor hereby irrevocably grants to the Lessee the exclusive option to
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0243
purchase from the Lessor, on and subject to the terms and conditions herein after contained, the real property
and equipment as more fully described in the lease agreement.
22. Term of Option. This option shall commence on October 1, 2013, and shall continue in effect
until 11:59 PM on the 31' day of December, 2014, or until the lease agreement provided for herein above
is terminated, whichever event occurs first. This option may be exercised (in accordance with its terms) at
any time after the date hereof, until its expiration or the expiration of any extension thereof. This option
period shall terminate automatically (without any notice from the Lessor to the Lessee) unless the Lessee,
prior to that time, exercises the option. The exercise of this option by the Lessee must be by written notice
to the Lessor at the address set forth in this agreement. This option terminates automatically upon the
termination of the Lease.
23. Failure to Exercise Option. If, prior to the end of the option period or any extension thereof,
the Lessee does not exercise their option, the Lessor shall retain absolutely all rental amounts paid hereunder
during the lease period.
24. Exercise of Option. If this option is exercised in accordance with its terms, the Lessor shall sell
and convey the real property to the Lessee and the Lessee shall purchase and accept the real property from
the Lessor, on and subject to the terms and conditions contained in this Agreement and all other applicable
terms mutually agreed to by the parties.
Lessor and Lessee agrees that in the event the Lessee exercises the option that the parties agree to
equally share the costs of any closing expenses, provided, however, the Lessor shall provide title insurance
insuring the 'property for the sales price thereof.
25. Conditions of Sale. The sale and conveyance of the real property pursuant to this option shall
be subject to the following:
a. Present and future laws, ordinances regulations, restrictions or orders of any federal, state,
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u244
county, or municipal government or of any public authority, including, without limitation,
zoning and any other restrictions imposed by governmental authority.
b. Facts that would be disclosed by an accurate survey.
c. Rights -of -way, easements or conveyances of records or that an accurate survey or inspection
would disclose for roads, public utilities, telephone and power lines and drainage.
d. Taxes assessed or imposed on the real property for the year during which this transaction is
closed.
26. Purchase Price. The purchase price for the property above described shall be, if the option is
exercised on or before December 31, 2014, the sum of $600,000.
27. Terms of Sale. The terms of sale under the exercise of this option shall be as follows:
a. Purchase price of $600,000 paid at closing in cash or immediately available funds
payable at closing.
b. Real property taxes shall be prorated to date of closing, with Lessee responsible for
all taxes during the term of contract.
28. Failure of Title. The Lessor shall, within ten (10) days after the exercise of the option by
Lessee, submit to the Lessee, at Lessor's expense, a title commitment or preliminary title report from a title
insurance company agreeable to both parties. The Lessee shall, within fifteen (15) days after the delivery
by the Lessor of such title commitment, give written notice to the Lessor of such title commitment, give
written notice to the Lessor of any objections by the Lessee to title. If such notice should not be so given,
the Lessee shall be deemed to have waived any objections to title disclosed by the commitment so delivered
and shall take title subject to such objections. Any objection to title originating or recorded after the date
of this Agreement shall, however, be considered an unwaived objection to title unless the Lessee is required
by this Agreement to accept title subject to such objection or waives such objections. For purposes of this
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0245
Agreement, a lien, encumbrance, easement, right -of -way or other adverse record interest in the real property
shall not be deemed a defect in title if the title insurance company chosen by the parties in mutual agreement
will, at the time of closing, issue or bind itself to issue, at the Lessor's cost, its policy insuring the Lessee
against any damage resulting from such lien, encumbrance, easement, right -of -way or other adverse record
interest.
29. Condition of Property. No representations are made or responsibility assumed by the Lessor
as to the present or future conditions of any lands or property affected by this Agreement. However, Lessor
warrants and guarantees that the building constructed on said property is free from any structural and
material defects.
30. Closing. The closing of this transaction shall take place within thirty (30) days after Lessee has
exercised their option at the office of a title company legally authorized to do business in Lincoln County,
at a date and time mutually agreed to the parties.
III: ADDITIONAL PROVISIONS
31. The following provisions are also integral parts of this Lease /Purchase Option Agreement:
e. This Agreement shall be binding upon and shall inure to the benefit of the successors and
assigns of the respective parties hereto, and any entities resulting from the reorganization,
consolidation or merger of either party hereto.
f. The headings used in this Agreement are inserted for reference purposes only and shall not
be deemed to limit or affect in any way the meaning or interpretation of any of the terms or
provision of the Agreement.
g. This Agreement constitutes the entire understanding and agreement between the parties
relating to the subject matter hereof and supersedes all prior agreements, representations or
understandings between the parties relating to the subject matter hereof
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02 46
h. This Agreement may be signed upon any number of counterparts with the same effect as if
the signature to any counterpart were upon the same instrument.
i. Any waiver by either party hereto of any breach of any kind or character whatsoever by the
other party, whether such waiver be direct or implied, shall not be construed as a continuing
waiver of or consent to any subsequent breach of this Agreement on the part of the other
party.
j. The several rights and remedies of each of the parties under law shall be construed as
cumulative; and none of them shall be exclusive of (or in lieu or limitation of) any other
right, remedy or priority allowed by law.
k. This Agreement may not be modified except by an instrument in writing signed by the parties
hereto.
1. The parties agree that time is of the essence in the performance of all duties herein.
m. This Agreement shall be interpreted, construed and enforced according to to laws of the State
of Wyoming.
n. All exhibits to this Agreement shall be deemed part of this Agreement and incorporated
herein as if fully set forth herein. Failure to attach any exhibits hereunder shall not invalidate
this Agreement, it being understood that the same are available from the books or records of
the parties.
o. The parties agree that in the event any action or court proceeding is brought by either party
to enforce the obligations under this Agreement, the prevailing party shall be entitled to
recover any reasonable attorney's fees, together with court and collection costs.
p. All terms and words used in the Agreement, regardless of the number and gender in which
they are used, shall be deemed and construed to include any other number, singular or plural,
and any other gender, masculine, feminine, or neuter, as the context or sense of this
Agreement or any paragraph or clause herein may require, the same as if such words had
been fully and properly written in the required number and gender.
q. The covenants and conditions specified herein shall survive closing of sale and shall not be
merged therein.
r. As used herein, Lessor shall be defined as Lessor, their successors, assigns and any entities
resulting from the reorganization, consolidation or merger of Lessor. As used hereunder,
Lessee shall be defined as Lessee, their successors, assigns and any other entities resulting
from the reorganization, consolidation or merger of Lessee.
IN WITNESS WHEREOF, this Agreement has been executed in duplicate by the respective
parties, the day and year first above written.
LESSORS:
Alan W. Lampe
LESSEE: KILROY, LLC
By:
Billie Kilr Ope sting Manag r
STATE OF WYOMING
COUNTY OF LINCOLN
at The foregoing instrument was acknowledged before me by Alan W. Lampe this ,56 day of
jkkTh ,2013.
3 NEUENSCHWANDER NOTARY PUBLIC
County of
Lincoln
WITNESS my hand and official seal.
.39 -1tn ti,.
Wyoming
My Con trt11�5S1 !OU(p_ist 1, 2014
.�Ma�n: �+and.�+snb..wr.�,•m>'v... hem ^.�..p�,
s
Page 10
Edward B. Lampe
0247
a �c
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by Edward B. Lampe this }i day of
c∎VAY 2013.
WITNESS my hand and official seal.
13 NEUENSCHWANOER NOTARY PUBLIC
County of
Lincoln
County of
Lincoln
State of
Wyoming
My Cornet ssioi! Expires August 31, 2014
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by Billie Kilroy, Operating Manager, Kilroy,
LLC this ()Nay of c -k A;) 1 2013.
WITNESS my hand and official seal.
B NEUENSCHWANDER NOTARY PUBLIC
State of
Wyoming
g My Commission Expires August 31, 2014
ss.
ss.
‘\.Sa...\\VOCL,8\tit)
Notary ublic
Page 11
0248
Lincoln County Clerk'
13
100K PRPAGE
WARRANTY DEED
This indenture wit that Fidler; Inc., an Indiana
corporation authorized to transact business in Wyoming, having its
principal place of business at 1700 T3gbert Avenue, Goshen, Indiana
46526, of Elkhart County in the State of Indiana, conveys and
warrants to Ulan W. Lampe and Edward B. Lampe, married men as their
sole and separate property, as tenants in common, each the owner of
an undivided one -half (1/2) interest, whose mailing address is
of
Lincoln County in the State of Wyoming, for and in consideration of
the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency whereof is hereby
acknowledged, the following described real estate located in
Lincoln County, State of Wyoming, to -wit:
NT;( of Section 31 and SWif NW% of Section 32, T34N,
R118W of the 6th P.?L, Lincoln County, Wyoming.
LESS AND EXCEPT: That part of the SE%/, NE of Section 31
and that part of the SWl NW;A of Section 32, T34N, R118W,
Lincoln County, Wyoming, being part 'of those tracts of
record irI the Office of the Clerk of Lincoln County in
Book 191 P.R., page 439 and in Book 192 E.R., page 56, as
more particularly described :on; Exhibit A attached, a
legal description prepared by Marlowe A. Scherbel, PLS
3889,
Subject to current taxes, easements, rights of way and
restrictions of record.
Dated this 26th day of May, 1998.
Attest: 2 l
2
Lon 7.1`rmrnerle, Secretary
FIDLER, INC.
r'
D ouglas Anderson, President
16:24:17 09 -19 -2013 1/4
MINT
1
0249
SPATE OF INDIANA
COUNTY OF ELICIIART
Before me, a Notary Public in and for said County and State,
personally appeared Fidler, Inc., by Douglas E. Anderson, its
President, and attested by Lon' Zimmerle, its Secretary, and
acknowledged that as said officer they executed the foregoing
Warranty Deed, for and on behalf and in the name of said
corporation, for the uses and purposes therein mentioned, and that
they were duly authorized to do so on this 26th day of May, 1998.
Witness my hand and notarial seal.
S
B. Douglas Hay
Residing in {E1
2
ai'y Public
County, Indiana
Prepared by B. Douglas Hayes, Yoder, Ainlay, Ulmer Buckingham
130 North Main Street, P.O. Box 575, Goshen, IN 46527 -0575
0250
Lincoln County Clerks.....
DXa cn2FT I ON
7'oR
YIDLIR, INC;
PARCZL C
.To- Nit:
All of tha SZ4NE .of 9'Aotion 31 And all of the SWWNWK of
vec.t.ion.._32.,. _Ta.4a,_ =_1' Y,.. Linoeln County, Wyoming;
L ;BS and Ziern17Tt3 grit following described tracts
BSUIIPrtX7lKi7: at t fe nvrtbaalt comar of said SENNEW found as
d id-- n- Gems r ;;®cord tiled in said Offzte;
thence N)a{i'- 32 ;1;7 "11, 313.69 fast, along the north lino of
maid 97i'Jl Xg, to m .point j
thence St0 33' 2011, 444.12 feat, along a line parallel with
the mart. line at jaiid PMAT7ikf, to a point;
thanes B49 313.68 fact, along a Line parallel with
thu north line. orf aAid BlSCI"U&M, to x point on the east Mina
of Awid• B..17.14A7z5{)
thence 8b3 55'- 24lB, 46f 31 feat, along n lino parallel with
the Harsh line of naid IN}4NN, to A point;
chance 141W -22' -Wits 444.61 foot, Along A line parallel with
the enat. Line of said BNHJ W, to a point on the north line
of said' 3Ny11Tif;(;
thanes HA9'-55'- .1;} "11, 661,93 feet, along acid north line to
thn Co7R liR or Oriiimiasiy,
the BABE BEARING for thin survey is the east line of the MI( of
Section 31, being WOO'- 33'- 26 "71;
.Ach "point" mA }tole:; by x E /a" X 24" a+t'eel reinforcing rod with
a 2" aluminum cap inscribed "SURVEYOR SCNERBEL LTD BIG PINEY WY
]?LS 5360", with appropriate dmtaila;
tAch "spike" marknnd by x 3 /6" x 12' steel twits referenced by
two (2) B/E" x 24" st.ael reinforcing rod with 2" aluminum cap
inscribod "SURVEYOR BC7(ER.BSI, LTD DICT PINEY NY PL9 536E with
appropriate detail :01
All in nocord+lnom with the pint pra.p•ried to bn filed in the
Office of tha Clerk of. Lincoln County titled, ".Nnntlllall PLAT Tu
ACCOMPANY PARCEL DIVISION APPLICATION FOR FID.ER, INC. WITHIN
THE SENNJ:bf. SBCTIOR 3l 9WyfNW4 SECTION 32 T34N R11EW LINCOLN
C.011j J of Jlo l .y,lw ,October 1995.
IA .04,
1
%Jlr+r,
ctober 31''*
.f'idlaxc de.
"Mod)Ilcallon In .3 ny way of 'the foie Kola F_delcrtpllon Iermfnaits IlabiUNy of the Purveyor
COPV
1625 :09 09 -19 -2.013
1 ,5
06;
3/4
0251
.1(s)
tev. 3/97
'age 1 of 4
FEB 51999
NOTE: DO I..— DT OR MO.DL' i' ..,t,.
FORM. use typewriter or print neatly wb:;
blue or black ink, Submit two (2) copies,
of which must be an original Form 1(s)
supplied by the Department of Envirowncn:.
Quality, Land Quality Division.
STATE OF WYO11/IING
DEPARTMENT OF INV BOND! ^NI'AI, QUALITY
LAND QUALITY DrVISION
p..3'PLiC ATI ON FOR
SMALL 1VLIKLNG PERMIT OR
AMENDMENT TO A SMALL IVENEG PERM]T
In accordance with Wyoming Statute §35- 11- 401(j), for noncoal surface mining operations, involving 001 inoa
than ten thousand (10,000) cubic yards of overburden and ten (10) acres of affected land in any one (I) year.
1. (a) Name, Mailing Address, and Phone Number of Applicant: Lampe Brothers Ready ;Aix:,
2047 Strawberry Creek Road Phone: (307)883 2705
I'hayne, Wyoming 83127
(b) If the applicant is a partnership, association or corporation, the names and addresses of a6
managers, partners and executives directly responsible for operations in this State:
Name: Alan W. Lampe
Title: President
Address: Box 84, Afton, Wyoming 83 i 0
Phone No. (307) 886 -5645
Name: Edward B. Lampe Address: Box 1295, Afton, Wyoming 831 i0
Title: Vice President Phone No. (307) 886 -5209
Name: Address:
Title: Phone No.
Name. Address:
Inches Phone No.
2, Name, mailing address, and telephone number of the agent or person to whom any notice under the
provisions of Wyoming Environmental Quality Act or Rules and Regulations adopted thereunder may .r
sent: Edward II• Lampe. c o Lam e Bros. Ready Mix, Box 279,
Thayrie, Wyoming 83127 (307) 883 -2705
3. Attach the following information as part of the specific appendices:
(a) APPENDIX "A"
Nantes and addresses of surface and mineral owners of record within the proposed pcannit
(amendment) area.
(b) APPENDIX "B"
(i) Names and. Last known addresses of the owners of record of the surface rights of the nand$
immediately adjacent to the proposed permit (amendment) area.
(c) APPENDIX "C"
(1) All lands to be included in the proposed permit (amendment) area shall be tabulated by
legal subdivision, section, township, range, and county, if any, and the number of acres
for each subdivision listed.
(ii.) Lands which are to be part of the proposed pennit (amendment) area, for which no 6.01
to mine is claimed shall be identified in item (c)(i) above as such and tabulated separately
listing the number of acres for each legal subdivision.
Permit No. .0 7/(5)
TFN No. 3 1 /141
Tt
0252
wall" WA
(iii) Lands which are located within other permit areas shall be identified and a copy of iii:_•: i:s.r,;
use agreement with the other permittee shall be attached as part of this application:.
(iv) An original United States Geological Survey topographic map, clearly outlining i.:
identifying the lands to be within the proposed permit areas, shall be provided. Pix.c
copies or other similar copies are not acceptable unless prior approve] obtained from [ism
Land Quality Division.
,•1:3451571''''
(d) APPENDIX "D" 5
o'i Of
114
A map or maps with the boundary of the proposed permit (amendri t) /1 arly*line�i ,,,1,
identified showing: y �ti
Z2\
(1) The lands to be affected by the mining;
(ii) The drainage area within and surrounding the proposed permit (amendment) area;
(iii) The location and names, where known, of all roads, railroads public or private rights-of-
way and easements, utility lines, lakes, streams, creeks, springs, and other surface water
courses, oil wells, gas wells, and water wells on or within one -half mile adjacent to the
permit area;
(iv) An outline of the probable limits of all areas previously disturbed or to be disturbed by
underground or surface mining, whether active or inactive, on or immediately adjacent to
the proposed permit (amendment) area;
4. Mineral(s) to be ruined: Sand Gravel
Open Pit
Mining method to be used:
Estimated dates of commencement and termination of the proposed operation:
Start:
around 1980
6. The total number of acres in the proposed permit (amendment) area and an estimate of the total Inumb 7
of acres to be affected by the operation:
Permit Acres
Original Permit *(less than 1 0 acres
Approved Amendments
This Application 78
Total Acres 78
Terminate: 2 0 2 7
Estimate ofAffected Acres
Original Pennit *(1 o' s t-t, n 1
0 acr'e
Approved Amendments
This Application 40
Total Acres
40
Conversion of 562ET
Note: Total Affected Acreage roust not exceed ten (10) acres per year.
1. The name, if any, by which the permit (amendment) lands or any part thereof are known:
Lampe Brothers Ready Mix and Fidler, Inc. Sand Gravel
A filing fee of $100.00 ($200.00 for amendments) plus $10.00 for each acre in the requested permit
(amendment) area. The maximum fee shall not exceed $2000.00.
The application shall include a mining plan and reclamation plan dealing with the extent to which I:lt_
mining operation will disturb, change or deface the lands to be affected, the proposed future use or user:
and the plan whereby the operator will reclaim the affected lands to the proposed future use or.uses. 7.1)?7.
alining plan and reclamation plan shall be consistent with the objectives and purposes of the Wyoming;
Environmental Quality Act and the Rules and Regulations promulgated.
0. The applicant may have the local Soil Conservation District assist in preparation of, provide data for,
permit research, review and continent upon the reclamation.
1. The .following obligation is incumbent upon the applicant upon approval of this application:
(a) The provisions of the permit are severable, and if any provision of the permit, or the application
of any provision of the permit, to any circumstance, is held invalid, the application of such.
provision to other circpmstances, 110 ,th vniipder of the permit, shall not be affected thereby.
irnr 1(s)
:v. 3/97
)ge2
FEB 5 1996
Permit No. Cr /l
TFN No. I y/
0 ,53,
State of Wyomincr
County of Lincoln
Dated this Z day of P
(Corporate Seal)
)ss
I Edward B. Lampe being duly sworn on my oath that 1 am the apiMc_ nt
(or chief executive officer of the applicant if a corporation) for the. forgoing mining permit (amendment); Pinar
I have read the said application and fully know the contents thereof; that all statements contained in the porrnit
(amendment) application are true and correct to my best knowledge and belief, by execution of this stai.;rriont
I certify that Lampe Brothers RPM Inc. has the right and power by legal estate owned to rd.ro
from the land for which this permit (amendment) is desired; that Lampe Brothers Ready Mi.
has not forfeited, or is not involved in forfeiture proceedings for, a bond posted for reclamation purposes:,
by completion and submission of this application, hereby give consent to allow the Director, the Admini,,trai r
and /or his authorized representatives, at reasonable times and upon presentation of appropriate cre ieutia s. o-o
enter upon and have access to any and all lands covered by this permit and amendments thereto and tc .i re„ p ct
and copy any records or documents, obtain or monitor any samples or sampling, for any activities associated
the operation and permit. Records or equipment shall not require advance notice.
The foregoing instrument was acknowledged before me by
Z day of 19 t'�d:
Witness my hand and official seal.
fl JARED B. GLEUE NOTARY PUBLIC t
County of
Lincoln
state 1 Wyoming
o
Form 1(s)
Rev. 3/97
Page 3 of 4
FINAL SWORN STATEMENT
Name:
Title:
Eli ,..3,
J s1 1. G cRce
(Name printed or typed)
199V,
Edward B. Lampe
(Printed or typed)
Vice President
rYary Public or Secretary if a Corporation)
My Commission Expires: /0 "o
Signature: fe/LNr- 11r,
Permit No. a'
TFN No. Tv1
0
TkIE STATE OF WYOMING
)ss
DEPARTMENT OF ENVTRONIvIENTAL QUALITY /WY"
1Rt
This i.s to certify that I have examined the foregoing application ai#4.1o14*.bgianKf:.ie same subject tic.i
following limitations and conditions:
This permit (amendment) grants only the right to affect the land described in Appendix "C" of the applicatioiL
Acceptance of the approved pemlit/amendinent obligates the operator to abide by the standard conditiow.
specified in Item 11. of this application form. Any condition and/or special condition attached to approva
Ibis permit/amendment shall supersede and/or replace any conflicts with the original permit, amendments or ;my
revision.
Additional special conditions and limitations are as follows:
kpprovecl:
A'.dmi
Land Quality Division
Department of Environmental Quality
'Orin 1(s)
:ev. 3/97
age 4 of 4
p LAY.
1
Effective Date: 6 C( e f
Department of Environmental Quality
Permit No. (o 1 [l.‘,..:
TFN No. 3 iitti
ASSIGNMENT OF
LEASE PURCHASE OPTION AGREEMENT
FOR VALUE RECEIVED, and the receipt of which is acknowledged, we, Kevin Kilroy and Billie Kilroy,
husband and wife, as tenants by the entireties, of Afton, Wyoming do hereby assign all our interest in a
LEASE PURHCASE OPTION AGREEMENT, dated September 30, 2013, between Alan W. Lampe and
Edward B. Lampe, the "Lessors and Kevin and Billie Kilroy, the "Lessee a copy of which is attached to
this instrument, to the Bank of Star Valley, a Wyoming Banking Corporation of Afton, Wyoming.
This Assignment is to secure, in part, a Promissory Note between Kilroy, LLC, a Wyoming Limited Liability
Company of Afton, WY (Borrower), and the Bank of Star Valley (Lender), dated October 1, 2013, in the
Principal Note Amount of $985,925.00, being Loan Number 01704114. The Promissory Note is
personally guaranteed by Kevin J. Kilroy and Billie Jo Kilroy.
The property that is at issue in the LEASE PURCHASE OPTION AGREEMENT (Option Agreement) is
located in Lincoln County, Wyoming, and is more fully described on Exhibit "A" of the Option
Agreement. Additionally the property at question includes Department of Environmental Quality Land
Quality Division small mining permit referenced as Permit No. 671(s) TFN No. 31 141
In Connection with the above assignment, we warrant that:
The use of the loan proceeds from the said Bank of Star Valley loan is to allow for funding of the
purchase of the equipment, mining permits, inventory, of Lampe Brothers Ready Mix, Inc., of Thayne,
WY and Alan W. Lampe and Edward B. Lampe, as well as create the transactional basis for the Option
Agreement.
There is no undisclosed agreement, concession, or litigation of any nature affecting the attached Option
Agreement.
All parties to the contract were competent at the time it was executed; and
Witness our hands, this 0 day of October 2013
There are no valid defenses in law or in equity to the attached Option Agreement as it exists in the
hands of the assignee.
0256
ccL
Kevin Kilrf
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
The foregoing instrument was acknowledged before me by KEVIN KILROY and BILLIE KILROY,
who personally appeared and was personally known to me, and after being dully swon and upon their
oath, executed the foregoing instrument this 2- day of October, 2013.
WITNESS my hand of official seal
My commission Expires: 1 201 7
NOTARY PUBLIC
0 257
1 0
KINDRA JEAN BASSETT
County of
Lincoln
My Commission Expires
NOTARY PUBLIC
State of
Wyoming
7
Seth C. Jenkins
Vice President
Phone 307 885 -6229
Fax 3p7- 885 -0002
M.L.O. 584322
October 1, 2013
Alan Edward Lampe.
The purpose of this letter is to inform you that The Bank of Star Valley will acquire a
security interest in a Lease /Purchase Option Agreement Dated September 30, 2013
between Alan W. Lampe and Edward B. Lampe as "Lessors" and Kevin Billie Kilroy
as "Lessee Please sign below to acknowledge the assignment between Kevin Billie
Kilroy and The Bank of Star Valley.
Acknowledgement of Assignment
Lessors:
Sincerely,
Seth Jenkins
Bank of Star Valley
BA K y OF
STAR i=' VALLEY
Edward B. Lampe
www.bosv.com
0258
384 Washington
P.O. Box 8007
Afton, WY 83110
seth @bosv.com