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HomeMy WebLinkAbout975070975070 1/27/2014 10:04 AM LINCOLN COUNTY FEES: $141.00 PAGE 1 OF 44 BOOK: 827 PAGE: 261 AGREEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 111111111 III II EAST SIDE RIVER ACCESS AGREEMENT THIS EAST SIDE RIVER ACCESS AGREEMENT effective this 16th day of January, 2014, by and between WJW HOLDINGS WY, LLC, a Wyoming limited liability company, P.O. Box 3309, Alpine, Wyoming 83128, hereafter, "WJW and MICHAEL G. DUSSELIER and LISA DUSSELIER, husband and wife, P.O. Box 480075, Kansas City, Missouri 64148, hereafter, "Dusseliers GRANTORS, and F. MICHAEL KIBBIE, a married man holding title as his separate property, P.O. Box 5258, Etna, Wyoming 83118, hereafter, "Kibbie HI LINE EQUIPMENT COMPANY, LLC, a Utah limited liability company, (which previously was HI -LINE EQUIPMENT COMPANY, a Utah Partnership), 1111 South 3200 West, Salt Lake City, Utah 84104, hereafter, "Hi Line ROBERT R. MEIKLE, a married man holding title as his separate property, P.O. Box 3762, Alpine, Wyoming 83128, hereafter, "Robert Meikle ROBERT R. MEIKLE and JAMIE S. MEIKLE, husband and wife, as tenants by the entireties, P.O. Box 3576, Alpine, Wyoming 83128, hereafter "Robert Jamie Meikle"; JACK SCHULTE, TRUSTEE of the Jack Schulte Revocable Trust dated April 16, 1982, P.O. Box 3206, Alpine, Wyoming 83128, hereafter "Schulte, Trustee DAVE E. HERMEL and DARCY R. HERMEL, husband and wife, 100 Oak Terrace Court, North Mankato, Minnesota 56003, hereafter "Hermels and DAVID G. WOOD and SUZETTE WOOD, husband and wife, 280 Shoshone, Rexburg, Idaho 83440, hereafter "Woods GRANTEES. WHEREAS, WJW owns a portion of the property in Lincoln County, Wyoming that is described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on September 28, 2012 in Book 795 at Pages 134 through 137 as Receiving No. 967123, a copy of which is attached hereto, hereafter the "WJW Tract and WHEREAS, Dusseliers own property in Lincoln County, Wyoming that is described in the Special Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on April 29, 2013 in Book 810 at Pages 249 and 250 as Receiving No. 970718, a copy of which is attached hereto, hereafter the "Dusseliers Tract"; and EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIBBIE, ET AL. PAGE 1 OF 14 WHEREAS, Hi Line holds a leasehold interest in State of Wyoming lands, said land described in that Lease dated March 1, 2010, a copy of which is attached hereto, hereafter, the "Hi Line Tract and WHEREAS, Robert Meikle owns the property in Lincoln County, Wyoming that is described in the Special Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on June 19, 2003 in Book 524 at Pages 500 through 504 as Instrument No. 890951, a copy of which is attached hereto, hereafter the "Robert Meikle Tract and WHEREAS, Robert and Jamie Meikle own the property in Lincoln County, Wyoming that is described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on March 23, 2005 in Book 581 at Pages 335 through 339 as Instrument No. 907195, a copy of which is attached hereto, hereafter the "Robert Jamie Meikle Tract and WHEREAS, Hermels own property in Lincoln County, Wyoming that is described in the Special Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on July 26, 2013 in Book 816 at Pages 505 through 507 as Receiving No. 972232, a copy of which is attached hereto, hereafter the "Hermels Tract and WHEREAS, Schulte, Trustee owns property in Lincoln County, Wyoming that is described in the Special Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on December 14, 2012 in Book 800 at Pages 656 and 657 as Receiving No. 968526, a copy of which is attached hereto, hereafter the "Schulte, Trustee Tract and WHEREAS, Woods own property in Lincoln County, Wyoming that is described in the Corrective Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on May 28, 2013 in Book 812 at Pages 458 through 461 as Receiving No. 971197, a copy of which is attached hereto, hereafter the "Woods Tract and WHEREAS, Grantors have agreed to convey to Grantees a 50 -foot wide easement on Grantors' properties for pedestrian and agricultural access to the east bank of the Salt River and for recreational enjoyment thereon. NOW, THEREFORE, Grantors and Grantees hereby agree as follows: 1. EASEMENT ESTABLISHED. Grantors, for themselves and their heirs and /or successors and assigns, hereby grant and convey a perpetual non exclusive easement for pedestrian and agricultural access and for recreational enjoyment on the WJW Tract along the east bank of the Salt River as described in the "DESCRIPTION FOR WJW HOLDINGS WY, LLC RIVER EASEMENT" dated 12 February 2013 and revised 27 December 2013 which is attached here to. Grantors reserve unto themselves the right to the use of said easement and the right to grant other easements not inconsistent with this easement. EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL HIBBIE, ET AL. PAGE 2 OF 14 2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements of the parties hereto, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, Grantors and Grantees state and declare that consideration has been provided to each of them for this Agreement. 3. EASEMENT COVENANTS. Grantors and Grantees, for themselves and their heirs and or successors and assigns, hereby agree: a. That the easement shall be for pedestrian and agricultural access and for recreational enjoyment only. Bicycle and motorized use of the easement is expressly prohibited. b. That the easement shall be used by the parties hereto for private access and enjoyment. c. That no improvements except riverbank reinforcement may be made within the easement without the written permission of Grantors. d. That each party hereto agrees to indemnify and hold harmless the other parties from any and all liability for personal injury or property damage that results from, arises out of, or may be attributed to any use of the easement unless such injury or damage is intentionally caused. 4. EASEMENT TO RUN WITH THE LAND. The easement created herein shall run with the lands identified herein as to the WJW Tract, the Dusselier Tract, the Robert Meikle Tract, the Robert Jamie Meikle Tract, the Hermels Tract, the Schulte, Trustee Tract, and the Woods Tract, and for those parcels, shall be binding on and shall inure to the benefit of the parties to this Agreement, and their respective heirs and /or successors or assigns. The easement created herein shall benefit F. Michael Kibbie for his lifetime. The easement created herein shall benefit the Hi Line Tract only so long as Hi Line holds a lease on property owned by the State of Wyoming, but when Hi Line no longer holds such a lease of State of Wyoming lands, this easement shall be deemed null and void as to that State of Wyoming parcel. 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding except to the extent incorporated in this Agreement. 6. MODIFICATION OF AGREEMENT. Any modification of this Agreement shall be binding only if evidenced by agreement in writing signed by the parties hereto or their successors or assigns. 7. WAIVERS. The failure of any party to this Agreement to enforce the performance of the terms and conditions set forth herein, or a waiver of a breach of any of the terms and conditions set forth herein, shall not be construed as a continuing waiver of such EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIBBIE, ET AL. PAGE 3 OF 14 IN WITNESS WHEREOF, each party has signed this Agreement. [Separate signature pages follow.] EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIBBIE, ET AL. PAGE 4 OF 14 failure or breach, and the terms and conditions shall remain in full force and effect as if no such forbearance or waiver had occurred. WJW: BY: WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: b 1 WJW HOLDI S WY, LLC, a Wyoming limit liability comp.. y WILLIAM J. WIEMANN MANAGER STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the ioli day of December, 2013 by WILLIAM J. WIEMANN, acting as Manager of WJW HOLDINGS WY, LLC, a Wyoming limited liability company, pursuant to authority provided to him by the Company's Members. 14 15 EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIBBIE, ET AL. PAGE 5 OF 14 DUSSELIERS: MICHAEL G. DUSS F,,�IER STATE OF COUNTY OF LI VI/Col h ACKNOWLEDGED before me MICHAEL G. DUSSELIER and LISA WITNESS.ifilland and official seal. .i FtI3E'' rtP My Commission expires: J! SS. LISA DUSS IER on this, the go,' day of De er g by DUSSELIER. NOTARY PUBLIC EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIBBIE, ET AL. PAGE 6 OF 14 KIBBIE: STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the MICHAEL KIBBIE. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of C rj State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: 07 6 /S MICHAEL KIBBIE day of December, 2013 by F. EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIBBIE, ET AL. PAGE 7 OF 14 HI LINE: WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: HI LINE EQUIPMENT COMPANY, LLC, a Utah limited liability company BY: /C. /F. MICHAEL KIBBIE MANAGER STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 646 day of December, 2013 by F. MICHAEL KIBBIE, acting as Manager of HI LINE EQUIPMENT COMPANY, LLC, a Utah limited liability company (which previously was HI -LINE EQUIPMENT COMPANY, a Utah Partnership), pursuant to authority provided to him by the Company's Members. EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIBBIE, ET AL. PAGE 8 OF 14 ROBERT MEIKLE: STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the day of December, 2013 by ROBERT R. MEIKLE. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: bZ /G /1" ROBERT R. MEIKLE EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL ICIBBIE, ET AL. PAGE 9 OF 14 ROBERT JAMIE MEIKLE: BERT R. MEI LE JA S. MEIKLE STATE OF WYOMING SS. COUNTY OF LINCOLN UU ACKNOWLEDGED before me on this, the 0 i„ day of December, 2013 by ROBERT R. MEIKLE and JAMIE S. MEIKLE. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of A` i1` State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: o'? Ji 1 S EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIBBIE, ET AL. PAGE 10 OF 14 This page is intentionally left blank. EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIBBIE, ET AL. PAGE 11 OF 14 SCHULTE, TRUSTEE: SS. WITNESS my hand and official seal. My Commission expires: JACK SCHULTE, TRUSTEE of the Jack Schulte Revocable Trust dated April 16, 1982 ACKNOWLEDGED before me on this, the day of December, 2013 by JACK SCHULTE, TRUSTEE of the Jack Schulte Revocable Trust dated April 16, 1982. /cr7P' %H 7 71/6;ff Gs -or I. D. BENTLEY DIRECTOR/SOLICITOR 3UDDLE BENTLEY McCLEARY LTD WHAKATANE HERMELS: DAVE E. HERMEL STATE OF SS. COUNTY OF /3 _�.1,l ACKNOWLEDGED before me on this, the day of December, 2013 by DAVE E. HERMEL and DARCY R. HERMEL. WITNESS my hand and official seal. My Commission expires: DARCY R. HE EL NOTARY PUBLIC EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIDDIE, ET AL. PAGE 13 OF 14 WOODS: DAVID G. WOOD SUZE STATE OF 1)2tk SS. COUNTY OF 1 a ACKNOWLEDGED before me on this, the DAVID G. WOOD and SUZETTE WOOD. WITNESS my hand and official seal. My Commission expires: HOARY PUBLIC IT 0 EAST SIDE RIVER ACCESS AGREEMENT WJW HOLDINGS WY, LLC ET AL. F. MICHAEL KIDDIE, ET AL. PAGE 14 OF 14 DANA MCQUIVEY NOTARY PUBLIC. STATE of UTA COMMISSION NO. 583255 COMM. EXP. 07 -01 -2014 File Number: 63666 WHEN RECORDED RETURN TO: Name: WJ W H old tnys 1,Jy t L.LC Address: Pj S ax 33Oci WARRANTY DEED BANK OF JACKSON HOLE, a Wyoming Corporation GRANTER(S) of County, State of, CONVEY(S) AND WARRANT(S) to WJW HOLDINGS WY, LLC, GRANTEE(S) for the sum of Ten Dollars and other good and valuable consideration, the following described real estate, situate in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State, to -wit: See "Exhibit A" attached hereto Subject to reservations and restrictions contained in the United States Patent and to easements and rights -of -way of record or in use. Together with all improvements and appurtenances thereon. IN WITNESS WHEREOF, the hand of said grantor(s) this tfI day of Sep-lam be( a011 001.34 RECEIVED 9/28/2012 at 3 :03 PM RECEIVING 967123 BOOK: 795 PAGE: 134 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF in) loon tnj COUNTY OF L∎Acci On this 30 day of 6Pptember ,Q01 before me personally appeared peter K L[iw for% C. E O of the signer(s) of the within instrument, who duly acknowledged to me that he /she /they executed the same on behalf of said limited liability company. WITNESS MY HAND AND OFFICIAL SEAL. l l vnAG�l t Notary Public: My commission expires 1 a a 7 aO 15` File Number: 53666 Land Title Company Wananty Deed LLC Page 1 of 4 VICKIE MUNSON Notary Public Teton County, Wyoming My Commission Expires Dec. 27, 2015 �,a EXHIBIT "A" 90.3 PARCEL 1: The tract of land in Lots 2, 3, 4, the Southwest Quarter of the Northeast Quarter (SW '/a NE' and the Southeast Quarter (SE 'A) of Section 9, Township 36 North, Range 119 West, 6 P.M., Lincoln County, Wyoming, described in the Warranty Deed recorded in Book 184 PR, Page 538, in the Office of the Clerk of Lincoln County, Wyoming, and redescribed as follows, based on a 1991 field survey: BEGINNING at a 2" diameter iron pipe with brass cap marking the Southwest corner of said Section 9; Thence North 00 °43'57" West, 2,951.08 feet along the Wyoming -Idaho State line to an 2" diameter aluminum pipe with cap marking an Idaho closing corner; Thence continuing along said State line North 00 °46'57" East, 139.28 feet to a point; Thence North 83 °30'00" East, 344.92 feet along the South line of Lot 15, Alpine Retreat Subdivision No. 1 (recorded as Plat No. 102 in said Clerk's Office) to a point marking the Southeast comer of said Lot 15; Thence Southeasterly, 492.36 feet, along the right -of -way line of Alpine Meadow Loop, coincident with the Southwesterly line of said Alpine Retreat Subdivision No. 1, following a curve, concave to the Northeast, having a Radius of 260.00 feet, and subtended by a Chord of South 60 °45'00" East, 422.02 feet, to a point of reverse curve; Thence continuing along the South right -of -way line of said Alpine Meadow Loop, coincident with a Southerly line of the Amended Alpine Retreat Subdivision No. 2 (recorded as plat No. 104 in said Clerk's Office), Easterly, 225.61 feet, following a curve, concave to the South, having a Radius of 349.37 feet, and subtended by a Chord of North 83 °30'00" East, 221.71 feet to a point; Thence continuing along said right of -way line and Southerly subdivision line, South 78 °00'00" East, 8.40 feet to a point of curvature; Thence continuing along said right -of -way line and subdivision line, Southeasterly, 34.86 feet, following a curve concave to the Southwest, having a Radius of 25.00 feet and subtended by a Chord of South 38 °03'07" East, 32.10 feet to a point of reverse curve in the West right-of-way line of Forest Drive; Thence along the West right -of -way line of said Forest Drive, coincident with the West line of said Alpine Retreat Subdivision No. 2, Southerly, 88.02 feet, following a curve concave to the East having a Radius of 260.00 feet and being subtended by a Chord of South 07 °48'07" East, 87.60 feet; Thence continuing along said right -of -way line and subdivision line, South 17 °30'00" East, 753.17 feet to a point; Thence North 72 °30'00" East, 50.00 feet along the Southern right -of -way line of said Forest Drive, coincident with a Southerly boundary of said Alpine Retreat Subdivision No. 2, to a point; Thence North 17 °30'00" West, 78.16 feet along the East right -of -way line of said Forest Drive, coincident with an Easterly boundary of said Alpine Retreat Subdivision No. 2, to a point marking the Southwest corner of Lot 14 of said Alpine Retreat Subdivision No. 2; Thence North 73 °30'00" East, 290.06 feet to a point marking the corner between lots 14 and 28 of said subdivision; Thence North 75°10'17" East, 285.58 feet to a point marking the Southeast corner of said Lot 28; Thence South 00'03'04" East, 965.08 feet to a point; Thence South 89 °30'53" East, 734.96 feet to an intersection with the West line of the parcel excluded from said Warranty Deed recorded in Book 184 PR, Page 538; Thence South 01 °30'01" East, 124.45 feet along the West line of said excluded parcel to the point of curvature; Thence continuing along said West line, Southerly, 63.63 feet along a curve concave to the West having a Radius of 810.00 feet and being subtended by a Chord of South 00 °45'00" West, 63.61 feet to a point from which the East Quarter (E 1/4) comer of said Section 9 is 1,470.62 feet North and 836.61 feet East; Thence South 85 °30'01" East, 250.98 feet along the South line of said excluded parcel; Thence North 25 °55'51" East, 227.64 feet along the East line of said excluded parcel; Thence South 89 °30'53" East, 306.72 feet to a point approximately 50 feet East of the Eat bank of the Salt River; Thence parallel with, and 40 feet East of the meander of the East Bank of the Salt River, secondarily described by the following eight (8) courses: South 26 °05' 19" West, 385.84 feet; Thence South 18 °47'55" West, 98.23 feet; Thence South 37 °19'46" West, 255.65 feet; Thence South 28 °07'34" West, 192.54 feet; Thence South 64 °50'10" West, 124.60 feet; Thence South 27 °07'34" West, 152.40 feet; Thence South 16 °08'22" East, 292.14 feet; Thence South 55 °59'02" West, 165.09 feet to a point on the South line of said Section 9; Thence South 89 °46'38" West, 1,780.01 feet along said South line to an iron pipe with brass cap marking the South Quarter (S corner of said Section 9; Thence continuing along the South line of said Section 0 South 89 °44'49" West, the base bearing for this description, 669 -79 feet to the Point Of Beginning. LESS AND EXCEPTING A PORTION OF THE ABOVE DESCRIBED PARCEL which is now known as Lot 3 of FOREST RIVER RESERVE SUBDIVISION PHASE I, Lincoln County, Wyoming, as shown on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 943952. PARCEL 2: A part of Section 9, Township 36 North, Range 119 West, 6'" Principal Meridian, Wyoming; BEGINNING at a point on the West right -of -way line of Kibbie Parkway which point lies South 1,275.69 feet and West 889.03 feet from the East Quarter (E 1/4) corner of said Section 9, and running thence West 415.88 feet to a point on a curve on Lot 38; Thence along said curve Northerly and to the Left on a Radius of 225.00 feet a distance of 196.49 feet; Thence North 51 °00'00" East, 246.97 feet; Thence South 39 °00'00" East, 74.23 feet; Thence along a 225 foot Radius curve to the Eastward and to the Left a distance of 194.39 feet; Thence South 89 °30'00" East, 15 feet; Thence Southward on a 25 foot Radius curve to the right a distance of 39.27 feet; Thence South 01 °30'00" West, 176.89 feet to the Point Of Beginning. PARCEL 3: A Sixty (60) foot right -of -way (Kibbie Parkway) being located Thirty (30) feet each side of the following described Centerline: BEGINNING at a point (Radial bearing South 18 °30'00" East) on the West File Number: 63666 Land Title Company Warranty Deed LLC Page 2 of 4 00136 end of the Salt River Bridge, which lies South 295.73 feet and West 844.51 feet from the East Quarter (E 'A) corner of Section 9, Township 36 North, Range 119 West, Sixth P.M., Wyoming and running thence Southwesterly along a 180.00 foot Radius curve to the Left 304.73 feet to a point of tangency; Thence South 25 °30'00" East, 175.00 feet to a point of curve; Thence Southeasterly along a 280.00 foot Radius curve to the Right 131.95 feet to a point of tangency; Thence South 01°30'00" West, 446.89 feet to the End of the Sixty foot right -of -way. PARCEL 4: ALSO a Fifty (50) foot right -of -way (Caribou Forest Drive) being located Twenty -Five (25) feet each side of the following described Centerline: BEGINNING at a point (the intersection of Kibbie Parkway and Caribou Forest Drive) which lies South 1,049.67 feet and West 853.10 feet from the East Quarter (E 'A) corner of Section 9, Township 36 North, Range 119 West, 6" P.M., Wyoming and running thence North 88 °30'00" West, 70.00 feet to a point of curve; Thence Northwesterly along a 200.00 foot Radius curve to the Right 172.79 feet to a point of tangency; Thence North 39 °00'00" West, 74.23 feet to the End of the Fifty (50) foot right -of -way. PARCEL 5: BEGINNING at the Southeast (SE) comer of Lot 28 of Alpine Retreat Subdivision No. 2 a part of the Bast Half of the Southeast Quarter (E %s SE of Section 9, Township 36 North, Range 119 West, Sixth Principal Meridian, Wyoming and running thence Northwesterly along a.645 foot Radius curve to the Right a distance of 31.84 feet; Thence North 78 °00'00" East, 50 feet; Thence North 12 °00'00" West, 80 feet; Thence North 78 °00'00" East, 240 feet; Thence South 12 °00'00" East, 80 feet; Thence South 23 °24'00 "f East, 250 feet; Thence North 87 °30'00" East, 203.27 feet; Thence Northeasterly along a 210 foot Radius curve to the Right 97.67 feet, along a 60 foot road right -of -way line; Thence North 54 °44'41" West, 210.62 feet; Thence North 37 °27'00" East, 186 feet; Thence South 52 °33'00" East, 195 feet; Thence South 07 °00'00" East, 73.28 feet to a 60 foot wide access road right -of -way line; Thence East along the North right -of -way line of an existing county road 140 feet, more or less, to a point 50 feet East of the East bank of the Salt River; Thence Southerly, 1320 feet, more or less, along a line parallel to and 50 feet East from the East bank meander line of said river; Thence West, 1320 feet, more or less; Thence North, 970 feet, more or less, to the Point Of Beginning. LESS AND EXCEPTING the following described property: BEGINNING at a point which lies West 995.02 feet and South 438.00 feet, more or less, from the East Quarter (E /a) corner of Section 9, Township 36 North, Range 119 West, Sixth Principal Meridian, Wyoming, said point being on the West right -of -way of Kibbie Parkway, and running thence Southerly along a 210.00 foot Radius curve to the Left a distance of 125,01 feet; Thence South 25 °30'00" East, 96.42 feet; Thence West, 262.68 feet; Thence North, 200.00 feet; Thence North 87 °30'00" East, 203.27 feet, to the Point Of Beginning. ALSO LESS AND EXCEPTING the following described property: A part of Section 9, Township 36 North, Range 119 West, 8" Principal Meridian, Wyoming; BEGINNING at a point on the West right -of -way line of Kibbie Parkway which point lies South 1,275.69 feet and West 889.03 feet from the East Quarter (E' comer of said Section 9, and running thence West 415.88 feet to a point on a curve on Lot 38; Thence along said curve Northerly and to the Left on a Radius of 225.00 feet a distance of 196.49 feet; Thence North 51 °00'00" East, 246.97 feet; Thence South 39 °00'00" East, 74.23 feet; Thence along a 225 foot Radius curve to the Eastward and to the Left a distance of 194.39 feet; Thence South 89 °30'00" East, 15 feet; Thence Southward on a 25 foot Radius curve to the right a distance of 39.27 feet; Thence South 01 °30'00" West, 176.89 feet to the Point Of Beginning. ALSO LESS AND EXCEPTING the following described property: A Sixty (60) foot right -of -way (Kibbie Parlcway) being located Thirty (30) feet each side of the following described Centerline: BEGINNING at a point (Radial bearing South 18 °30'00" East) on the West end of the Salt River Bridge, which lies South 295.73 feet and West 844.51 feet from the East Quarter (E Y4) corner of Section 9, Township 36 North, Range 119 West, Sixth P.M., Wyoming and running thence Southwesterly along a 180.00 foot Radius curve to the Left 304.73 feet to a point of tangency; Thence South 25 °30'00" East, 175.00 feet to a point of curve; Thence Southeasterly along a 280.00 foot Radius curve to the Right 131.95 feet to a point of tangency; Thence South 01 °30'00" West, 446.89 feet to the End of the Sixty foot right -of -way. ALSO LESS AND EXCEPTING the following described property: ALSO a Fifty (50) foot right -of -way (Caribou Forest Drive) being located Twenty -Five (25) feet each side of the following described Centerline: BEGINNING at a point (the intersection of Kibbie Parkway and Caribou Forest Drive) which lies South 1,049.67 feet and West 853.10 feet from the East Quarter (E 'A) corner of Section 9, Township 36 North, Range 119 West, 6`" P.M., Wyoming and running thence North 88 °30'00" West, 70.00 feet to a point of curve; Thence Northwesterly along a 200.00 foot Radius curve to the Right 172.79 feet to a point of tangency; Thence North 39 °00'00" West, 74.23 feet to the End of the Fifty (50) foot right -of -way. LESS AND EXCEPTING PORTIONS OF THE ABOVE DESCRIBED PARCEL which are now known as Lots 1 and 2 of FOREST RIVER RESERVE SUBDIVISION PHASE I, Lincoln County, Wyoming, as shown File Number: 63666 Land Title Company Wananty Deed LLC Page 3 of 4 0013 on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 943952. LESS AND EXCEPTING A PORTION OF THE ABOVE DESCRIBED PARCEL which is now known as Lot 4 of FOREST RIVER RESERVE 2 FILING, Lincoln County, Wyoming, as shown on the official plat thereof filed November 20, 2009, as Receiving No. 950693, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 950693. ALSO LESS AND EXCEPTING Lot 1 of FOREST RIVER RESERVE SUBDIVISION PHASE I, Lincoln County, Wyoming, as shown on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 943952. ALSO LESS AND EXCEPTING the property described in that certain Partial Release of Mortgage filed as Receiving No. 955377, in Book 753 PR, on Page 342, described as follows: That part of the Southeast Quarter of the Southeast Quarter (SE '/a SE Y4) of Section 9, Township 36 North, Range 119 West, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 474 of Photostatic Records on Page 624 and part of that tract of record in said Office in Book 558 of Photostatic Records on Page 408, described as follows: BEGINNING at a point on the Easterly right -of -way line of Kibbie Parkway, North 40 °49'05" West, 1,282.72 feet, from the Southeast comer of said Section 9, at the beginning of a non tangent circular curve to the Right, whose Radius bears North 84 °00'04" West; Thence Northeasterly, 63.62 feet, along the arc of said curve and along said right -of -way line, through a central angle of 4 °30'00 with a Radius of 810.00 feet, and a chord bearing North 03 °44'56" East, 63.60 feet; Thence North 01°29'56" East, 195.00 feet, along said right -of -way line, to a point; Thence South 88 °30'04" East, 452.26 feet, to a position on the thread of the Salt River; Thence South 27°38'12" West, 315.68 feet, along said thread, to a position; Thence North 84 °00'05" West, 316.67 feet, to the Point Of Beginning. The Base Bearing for this survey is the East line of the SE'/ of Section 9, Township 36 North, Range 119 West, being South 00 °04'42" West. TOGETHER WITH AND SUBJECT TO that right of ingress and egress of record in said Office in Book 189 of Photostatic Records on Page 599 and revised in Book 190 of Photostatic Records on Page 569; AND TOGETHER 'WITH that right of ingress and egress of record in said Office in Book 387 of Photostatic Records on Page 412; AND TOGETHER WITH that right of ingress and egress and utilities of record in said Office in Book 388 of Photostatic Records on Page 601; SUBJECT TO that easement of record in said Office in Book 110 of Photostatic Records on Page 653 File Number: 63666 Land Title Company Warranty Deed LLC Page 4 of 4 PARCEL 6: Lots 2 and 3 of FOREST RIVER RESERVE SUBDIVISION PHASE I, Lincoln County, Wyoming, as shown on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 943952. SPECIAL WARRANTY DEED This Deed, made this day of R\ 2013, between WJW Holdings WY LLC, a Wyoming limited liability company party of the first pa and Michael G. Dusselier and Lisa Dusselier, husband and wife Party of the second part, whose address is P.O. Box 480075, Kansas City, MO 64148 WITNESSETH: That the said part of the first part, for and in consideration of the sum of Ten dollars ($10.00) and other good and valuable considerations to the said party of the first part acknowledged, as granted, sold and conveyed, and by these presents does grant, bargain, sell and confirm unto the party of the second part, his heirs and assigns, forever, the following described real property situate in Lincoln County, State of Wyoming, to wit: That part of Section 9, T36N R119W, Lincoln County, Wyoming described on the attached Exhibit prepared by Surveyor Scherbel, Ltd. titled, "Description for WJW Holdings WY, LLC Tract A Adjusted (3) dated 22 April, 2013. TOGETHER with the rights of Ingress, egress and utilities contained on attached exhibit. RESERVING UNTO GRANTOR the easements contained on attached exhibit. RESERVING UNTO GRANTOR any and all oil, gas and mineral rights associated with the land. Subject to the following covenants: Annual homeowners association dues start (01at 61000.00 per year, If this tract is divided each divided tract will continue to have an assessment of 61000.00 per year. The assessments cover road maintenance, river property easement used by mountain top tracts this is the road going up hill gravel based, any maintenance shared by paved river road, Kibbie Parkway in the future. It also covers well agreement. maintenance, any items shared by tract owners of mountain lots, the owner of each tract gets one vote, or if tract Is divided then each tract would get a vote, as long as dues are paid current Any fencing will be of wood nature only, no metal fencing allowed. Maximum fenced area is building site and /or 10 acres per tract of land. Snow removal by residents, or tract owners, if a owner does not build, snow will be covered only by El •se needing snow removal, future board of owners can change any covenant upon mutual decision of members. Each original tract owner will be a member of the board, each owner may will be limited to one even sp of their property, one time, and must follow any current county rules and regulations. Grantor /Developer has the right to install water, electrical and /or phone in the most appropriate manner t. serve the development. Current owners will not unnecessarily withhold their approval when presented with an ease ent of approval once the survey when completed. Grantor /Developer agrees to maintains the gravel road up hill the first year, summer of 2013 at Grantor! De elopers expense, until road way is established. SUBJECT to all covenants, restrictions, reservations, easements, conditions and rights appearing of record. Grantor shall and will specially warrant that the title to the aforesaid prope is free from defects or encumbran es created or suffered by Grantor and will forever defend the property conveye by the within deed, and every pa thereof, against every person lawfully claiming the same, or any part thereof, by, thro gh, or under Grantor, and no oth r. OFFICIALSEAL BEVERLY JOHNSON Notary Public Stares ni Athena MARICOPA COUNTY My Comm. Expires May 17, 2015 STATE OF ARIZONA )ss: COUNTY OF M•9444 ;a WJW Holdings LLC by WJW Holdings, LLLP, a No Dakota limit d 1 bilily h ited Cartnership, M. nager Wiltia artner The foregoing instrument was acknowledged before me this GoT day of April, 2013, by William J. Wiemann, General Partner of WJW Holdings, LLLP, Manager of WJW Holdings WY, LLC, a Wyoming limited liability company. WITNESS my hand and official seal. My Commission Expires: May 11 f 2 Pi' Notary Public r A m co n O Z 0 n rn m c .a Z ID o y A Z G) t3 n m rn D G7 a c m ;D 0024�� F,tlwNOnai lan0 lurvefV, PAUL IA SCREAMS. Wp.Re0R13E08 NA 160 U7 h R"ghMS 'N0. 1170 10,8o Regk0.IIm18O. 3990 Nen* RepIWWn N0. BIOS SC017A.000001EL W,u Ra9k013lon Na 3990 Ruh Re0k1r8708 X0.377111 I6h3R09084m Na 8D30 IAA RLOWNER1EL R9pk1 Nem KARL F. 58710000. Wµ 01041880050118 (Oahe Re0khako 10.1193 CFEOSN0. 1223 SWw3YBdm01I LTD Mm, WARR,' Bb 91m8WphM1 3N 011 W1 0B taw X01F0000, Woo 81080.888.18010 DESCRIPTION FOR WJW IIOLDINGS WY, LLC TRACT A ADJUSTED (3) To -wit: All of Tract A Adjusted (3) as depicted on the below referenced plat; ENCOMPASSING an area of 28.71 acres, more or less; The Base Bearing for this survey is the east line of the SE' of Section 9, T36N R119W, Lincoln County, Wyoming, being S00 04' -42 "W; TOGETHER with a right of ingress, egress and utilities over, under and across Kibbie Parkway, Granite Ridge Road, the Ten (10) foot Access and Utility Easement, the Twenty (20) foot Utility Easement No. 1 and the Twenty (20) foot Utility Easement No. 2, as depicted on said plat; AND TOGETHER with and SUBJECT to a right of ingress and egress over and across the Twenty (20) foot Forest Access Easement and Fifty (50) foot Access Easement, as depicted on said plat; SUBJECT to a right of ingress, egress and utilities over, under and across the Twenty (20) foot Utility Easement 1 and Common Area Easement as depicted on said plat AND SUBJECT to a right of ingress, egress and utilities over, tinder and across Caribou Forest Drive, as depicted on that plat of record in the Office of the Clerk of Lincoln County with Plat No. 102 -A, titled "ACCESS ROAD ALPINE RETREAT SUBDIVISION 1 AND 2"; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across the Twenty (20) foot Utility Easement 1, as depicted on said plat, in order to provide a perpetual access and utility easement to whatever lands said Grantors may designate; that should the actual installed utilities be found to he in a different location than within said Twenty (20) root Utility Easement as shown on said plat, then the centerline of the actual installed utility will automatically become the centerline of the twenty (20) foot utility easement; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across said Kibbie Parkway, Caribou Forest Drive, Granite Ridge Road, Compton Area Easement, Twenty (20) fool Forest Access Easement, Ten (10) foot Access and Utility Easement, the Fifty (50) foot Access Easement and the Fifteen (15) foot Utility, Pedestrian and Equestrian Easement as depicted on said plat, in order to provide a perpetual access and utility easements appurtenant to adjoining lands of said Grantors and to whatever lands said Grantors may designate; all in accordance with the plat of record in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR WJW HOLDINGS WY, LLC WITHIN GLO LOT 2 GLO LOT 3 GLO LOT 4 SW' /.NE' SE' SECTION 9 T36N RI19W LINCOLN COUNTY WYOMING dated 15 April 2013, as revised, with Accession No. 970561. 22 April "Modification in any way of the foregoing description terminates liability of the surveyor" ,(Bd. Appvd. 7 -9 -1998) (1) DESCRIPTION: Acres Pe-seriatim 404.780 LOTS 1,23,4:E2 0 STATE OF WYOMING BOARD OF LAND COMMISSIONERS GRAZING AND AGRICULTURAL LEASE Egg Ma IL99 16 38.0N 119.OW LN �i y ti Lease No. 3 -8203 pARTIES The parties of this tease are: HI -LINE EQUIPMENT COMPANY whose address Is Attn: F. Michael Kibble, 1111 South 3200 West, Sall Lake City, UT 84104, (Lessee), and the Wyoming Board of Land Commissioners, (Lessor), whose address Is Office of State Lands and investments, 122 West 25th Street, 3rd Floor West, Cheyenne, Wyoming 82002 -0600. in the event that the addresses listed above change, the party whose address has changed shall immediately notify the other party to the lease in writing. (2) PURPOSE OF LEASE Under the authority of W.S. 38 -5 -101 et seq. Lessor is granting the leasehold right for grazing and agricultural purposes only, provided, that in the event the Lessee changes the use of grazing lands to other agricultural purposes, either by dry land process or irrigation, the Lessee shall notify the Office of State Lands and Investments of the acreage placed under cultivation and the Lessee shall pay an increased annual rental therefore as fixed by the Lessor. The parties desire to enter a lease contract (Lease) defining their rights, duties and liabilities relating to the premises. In consideration of the payment of the first year's rental, receipt of which is hereby acknowledged, and the covenants and agreements herein made, to be kept and performed by the Lessee, the Lessor hereby leases to Lessee, for GRAZING AND AGRICULTURAL purposes only, the following described lands, subject to all terms, conditions and restrictions contained In thls lease, the Statutes of the State of Wyoming and the rules and regulations of the Board of Land Commissioners. (3) TERM OF LEASE The term of this tease shall begin at 5:00 P.M. on the First day of March 2070 and terminate at 5:00 P.M. on the First day of March 2020 (4) RENT PAYMENT The Lessee shall pay to the Lessor at the Office of State Lands and Investments, Herschier Building, Cheyenne, Wyoming, a rental for the use of the premises in the amount of 2.546.25 per annum. This amount is subject to change on an annual basis and may be increased or decreased by the Lessor In the event of reclassification of the land, due to a change in Ile use, a change in the carrying capacity, or a change in the minimum annual rental for grazing and agricultural leases annuals rental is not paid on or before law. Annual rentals are due and date a10% late fee wipayable l be assessed. annivorsary date of this lease. if the LESSEE'S RESPONSIBILITIES Lessee Agrees: (a) Not to take or disturb any fur bearing animals on the premises except where a permit to do so has been secured from the Wyoming Game and Fish Commission and consent thereto has a(so been obtained from the Director of the Office of State Lands and tnvesbnents. (b) To observe state and federal laws and regulations for the protection of flsb and wildlife. Les Lessee shall romptly report to the Lessor he cutting or remove of timber by other timber y at may be upon the premises. The (d) To conduct all grazing and agricultural operations on the premises In a manner which protects soil fertility and forage production, and does not contribute to soil erosion, or overgrazing. The Lessee further agrees to work In cooperation with the Lessor to make every reasonable effort to control noxious weeds and pests. Lessee may work in conjunction with County Weed and Pest Control Districts to develop projects to be submitted to the Office of State Lands and investments for reimbursement of certain costs of eradication of weeds and pests on slate lands. Cost estimates must be submitted by County Weed and Pest Districts and approved by the Office to be eligible for reimbursement. Subject to funding availability, the total cost of the project will be reimbursed for leafy spurge Infestations, for all other noxious weeds and pests, the cost of materials only. Lessee of state lands shall pay the cost of application or other control measures. (e) To maintain all buildings, wells, dams, windmills, fences, and other improvements located on the premises in a good slate of repair at the lessee's expense. (f) To dispose of all waste in a proper manner and not to allow debris, garbage, contaminates or other refuse to accumulate on the leased premises. Any landfill or open dump operated by the Lessee on the teased premises, must be permitted by the Board and must comply with State law and the rules and regulations of the Department of Environmental Quality. Any landfill, open dump, accumulation of debris, garbage, contaminants or refuse of any kind which the Lessee placed, or allowed to be placed, on the leased premises, and which has not been authorized by the Board, must be removed at the Lessee's expense. Lessee further agrees that the Lessor shall have the right to remove debris, garbage, contaminants, or other refuse which the Lessee placed on the premises and collect the cost of such removal from the Lessee. The Lessee further agrees to document and report, as soon as possible, to the Office any unauthorized dumping of debris, garbage, contaminants, or other refuse on the leased premises, by parties other than the Lessee, so that appropriate investigation and corrective measures can be taken by the Lessor. (g) IRRIGATED LAND If the premises are subject to Irrigation in whole or in part from water available for that purpose under a permanent water right, contract or otherwise temporary water right, es the case may be: (1) The Lessee agrees 10 use water so as to protect and maintain all water rights. (2) Where applicable, the Lessee agrees to pay when due eil charges for operation, maintenance, and delivery of water. (3) The lands shall be operated under a customary and appropriate crop rotation method. (4) The lends shall be cultivated, irrigated and fertilized in a proper husbandlike manner so as 10 prevent washing, blowing, seepage, leaching of the soil, waste of water and other damage. (5) All litigation ditches and laterals shall be kept in good condition at the Lessee's expense and shall be maintained so as to prevent washing, cutting and damage to the lands. Ditches and laterals shall attach to the lands and become the property of the Lessor. (6) The Lessee shall fife annually, on or before March 31, of each year with the Office of State Lands and Investments, on the proper forms, a report of the location and yield of ail crops grown the preceding year and the location and type of crops to be grown in the ensuing year. (h) Not to post signs on state lands unless specifically authorized by the Board of Land Commissioners. (i) Not to lock or remove gates, block or change established roads on the leased premises which provide public access to state land unless specifically authorized by the Board of Land Commissioners. (6) SPECIAL PROVISIONS (a) RESERVATIONS Lessor Reserves: (1) The right io order the sale of all or any portion of the premises at any time, subject to this lease. (2) The right to lease and dispose of all coal, oil, gas and other minerals, and all deposits of clay, stone, gravel and sand valuable for building, mining or commercial purposes, and all timber, together with the right to mine and remove such minerals or other deposits and timber with the right of Ingress and egress thereto, and to cancel this tease as to any portion of the premises when required for these purposes. (3) The right to hold, sell, appropriate or otherwise dispose of any fences or other improvements of any character owned by the Lessee upon the premises, to insure the payment of rentals, damages or other expenses accruing to the Lessor by virtue of this lease, (4) The right to enter in and upon the premises at any time for purposes of inspection or management. (6) The right at any time to grant easements across the premises for ditches, overhead wires, pipelines, railroads, reservoirs, public roads and highways, roadways to private land or residences, snow fences, underground cables, open space, or other lawful purposes, with the right of ingress and egress thereto. (6) The right to use or lease the premises or any part thereof at any time for any purpose other than the rights and privileges granted by this lease. (7) The privilege of any person to use the premises for casual recreational day uses, fishing and hunting pursuant to Chapter 13 of the Rules and Regulations of the Board of Land Commissioners. (8) All tights not expressly granted to Lessee by this tease are reserved to the Lessor. (b) ASSIGNMENTS This lease shall be subject to 'cancellation by the Lessor if it is assigned without the approval of the Lessor. Any assignment of this lease shall be recorded In the Office of State Lands and investments. (c) SUBLEASES Any grazing and agricultural lease Is subject to cancellation If the Lessee subleases the leased premises or enters into any contract or agreement of any kind concerning the leased premises, except "price support and production adjustment" contracts of the Farm Service Agency, without approval. In no event shall the premises be subleased unless one -half of any excess rental is paid to the Lessor. (d) IMPROVEMENTS (1) Lessee shalt have the right to construct or make improvements upon state lands In the amount of $2,000.00 par section, without first obtaining permission. (2) Lessee shall request permission to construct or make Improvements in excess of $2,000.00 In value per section by submitting a completed application form furnished by the Office. (3) Permission may be granted to construct Improvements in excess of $2,000.00 per section for fencing, water development, or livestock handling facilities and range enhancements only. Any other improvement In excess of $2,000.00 per secUon shall be applied for under a special use lease. (4) Any improvement on the leased premises regardless of value, which will restrtot existing public access or alter existing multiple use of the lands must be approved by the Board of Land Commissioners. (5) Unless permission has been obtained in the manner provided, the owner of the improvements in excess of the $2,000.00 per section shall not be entitled to compensation as provided by W.S. 36.5 -111 and 36 -9 -105, and upon expiration of the lease the improvements shall forfeit to and become the property of the state; except that within 120 days from the date of the expiration of the lease, the owner may remove such improvements In a manner which minimizes injury to the land. (e) ENTRY UPON LEASED PREMISES BY THIRD PARTIES Third parties deslring.to enter upon the leased premises shall contact the lessee prior to entry, unless it Is a nieinber of the Board of Land Commisslonere or its representatives or a'member of the public when entering for purposes of hunting and fishing and casual.recreationai use pursuant to provisions of Chapterl3 of the Rules end Regulations of the Board of Land Commissioners., For all. entries by,third parties, the lessee may, negotiate a payment for damage to the surface of the leased premises; pursuant to Chapter 4, Section 13. Payments Meet be consistent with payments for damages to adjacent lands, CANCELLATION -1111 be determined by the Lessor that this lease has been procured by fraud, deceit or misrepresentation, or if the premises or any part thereof be used for unlawful. unauthorized, or illegal purposes, or If the Lessee falls to perform or violates any of the terms of this tease, the Lessor shall have power and authority to cancel this lease. (g) SURRENDER OF PREMISES UPON TERMINATION OF LEASE The Lessee shall, upon termination of this lease, surrender and deliver unto the Lessor the peaceful and uninterrupted possession of the premises. (11) TIME AND SPECIFIC PERFORMANCE are each of the essence of this lease, and ail agreements and conditions hereln contained shalt extend to be binding alike upon the heirs, administrators, successors and assigns of the parties hereto. (1) RELIANCE The Lessor has er -assIy rolled on the representations made by the! assee in the written application to lease the premises. EXCHANGE -The lease i9 grae upon the express condition that should the essor hereafter find it to be In the best Interest of the Lessor to exchange the lands embraced in this lease for other lands, as provided by law, then thhis lease may be terminated upon giving the Lessee one (1) year notice, unless by mutual consent of the Lessor and the Lessee, an earlier date of termination may be fixed. (k) BUY -OUT BY LESSOR The Lessor shall have the right to purchase back from the Lessee all the rights and interests granted to the Lessee by this tease for any portion of the premises at any time by paying to the Lessee the fair market value of those rights and Interests for the remaining term of the lease. GENERAL PROVISIONS (a) NOTICES,- Ali notices arising,ouit of or from the provlstons of fills lease shall be;In'writing and given. 10 th° parties:at the address provided under this tease, either by, regular mail, or delivery In person. (b), EFFECT. OF CHANGE IN. LAW The rights and responsibllltles of the Lessee under this lease which 'granted or imposed by the Statutes of the State of Wyoming or rules and regulations of the Board of Land Commissioners, are subject to change during the term of thls lease as a result of the adoption, amendment, or repeal of statutes or rules. (c) COMPLIANCE WITH LAWS The Lessee shall keep informed of and comply with all applicable federal, state and local laws and regulations in the performance of this lease. (d) APPLICABLE LAWNENUE The construction, interpretation and enforcement of this lease shall be govemed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this lease and the parties, and the venue shall be the First Judicial District, Laramie County, Wyoming. (e) ENTIRETY OF LEASE This lease contains the entire contract between the parties and supersedes all prior negotiations, representations, leases or other contracts, either written or oral. This lease cannot be changed except by a written instrument subsequently executed by the parties or included In the body of the lease and signed by the parties. (f) INDEMNITY The Lessee shall relapse, indemnify, and hold harmless the State, the Lessor, and their officers, agents, employees, successors and assignees from any cause of action, or claims or demands arising out of this lease. (g) SOVEREIGN IMMUNITY The State of Wyoming and the Lessor do not waive sovereign immunity by entering into this lease, and specifically retain Immunity and all defenses available to them as sovereigns pursuant to W.S. 1- 39- 104(a) and all other state law. (h) WAIVERS The failure of Lessor f0 insist on a strict performance of any of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that Lessor may have regarding that specific term or condition. (I) EXTENUATING CIRCUMSTANCES in the event circumstances arise for whatever reason which create the Impossibility of continuing the lease, It may be canceled by either party upon written notice. Neither party shall be liable for failure to perform under this tease If the failure is based upon the extenuating circumstances. Lessor reserves the right to determine whether circumstances create an impossibility. A partial refund of the annual payment may be made on a case -by -case basis. SIGNATURES iN WITNESS THEREOF, the parties to this lease through their duly authorized representative have executed this tease on the dates set out below, and certify that they have read, understand, and agree to the terms and conditions of this lease. LESSOR: THE STATE OF WYOMING BOARD OF LAND COMMISSIONERS BY; LESSEE: Director, Office of State Lands and Investments -Line Equipment Company Date: APR 2 2 2011 Date: %/r eZal 0 Recorded at the request of and after recording return to: Robert R. Meikle 1462 Blue Jay Place Eagle, Idaho 83616 090951 Boo K,52 4 PR PAGE 5 0 0 BEGINNING at the southeast comer of said Section 9; thence coursing said easterly offset line as follows: N68 32' -38 "E, 57.56 feet, to a position; N13 58' -39 "E, 141.78 feet, to a position; N06 57' -48 "W, 199.64 feet, to a position; N15 54' -44 "W, 129.66 feet, to a position; RECEIVED LINCOLN COUNTY CLERK 03 ,]I14 1 9 I I 54 JEANNE WAGNER SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made the day of June 2003 by F. MICHAEL KIBBIE and CARLA S. KIBBIE, husband and wife, whose address is 1111 South 3200 West, Salt Lake City, Utah 84104, the "GRANTORS," in favor of ROBERT R. MEIKLE, whose address is 1462 Blue Jay Place, Eagle, Idaho 83616, the "GRANTEE." For and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration in hand paid, the receipt whereof is hereby acknowledged, Grantors do hereby grant, bargain, convey and warrant unto Grantee, against all claiming by, through or under Grantors, all that certain tract, lot, piece, and parcel of land (the "Property situated in the County of Lincoln, State of Wyoming, and described as follows: [A tract] that [is] part of the EY2SEV,, of Section 9 and the SW% of Section 10, T36N, R119W, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 397 of Photostatic Records on pages 836 identical with that tract of record in said Office in Book 398 of Photostatic Records on pages 179, as follows: thence S89 46' -52 "W, 754.35 feet, along the south line of said Section 9 to a point on a fifty (50) foot easterly offset line to the right (easterly) bank of the Salt River; N27 42' -19 "W, 7.07 feet, to a position; N53 50' -15 "E, 94.74 feet, to a position; N59 44' -25 "E, 71.40 feet, to a position; N17 21' -49 "E, 91.35 feet, to a position; N34 14' -35 "E, 349.61 fret, to a position; N23 42' -59 "E, 165.71 feet, to a position; N29 44' -34 "E, 177.19 feet, to a position; N32 53' -14 "E, 153.88 feet, to a position; N17 08' -04 "E, 155.76 feet, to a position; N06 48' -30 "W, 133.54 feet, to a position; Ni 1°-28'-20"W, 240.07 feet, to a position; NI 8 14' -22 "W, 233.58 feet, to a position; N35 27' -58 "W, 104.65 feet, to aposition; N52 03' -35 "W, 215.81 feet, to a position; thence N54 15' -03 "W, 39.77 feet, to a point on the south right -of -way tine of the McNeel Power Plant County Road No. 12 -104, and leav[ingj said easterly offset line; thence S89 23' -04 "E, 486.56 feet, along said south right -of -way line, to a point on the east line of said Section 9; thence continuing S89 23' -04 "E, 1673.38 feet, along said south right -of- way line to a point on a fence line which is accepted to be the boundary line of that tract of record in said Office in Book 481 of Photostatic Records on page 263; thence coursing said fence line as follows: S00°-20'-01"E, 385.46 feet, to a point at a fence corner; N89 17' -11 "E, 354.57 feet, t6 a point on the westerly right -of -way line of U.S. Highway 89, and leave said fence; Klbble to Melkle Special IVar anty Deed Consisting of Fm,r (4) Paget 2 501 0890951 502 thence SO4°-1 1927.46 feet. along said westerly right -of -way line, to a point on'the south line of said Section 10; thence S88 S5' -20 "W, 2174.51 feet. along said south line to the CORNER OF BEGINNING; (PROVIDED, HOWEVER,] that the above described "fifty (50) foot easterly offset line to the right (easterly) bank of the Salt River" is an indefinite line intended to follow the meanders /fluctuations of said easterly bank; the above courses of said offset line are approximations only and do not, nor are they intended to, establish a fixed boundary; the BASE BEARING for [the foregoing description] is the east line of the SEVI of Section 9, T36N, R119W, being N00 04' -42 "E; all in accordance with the plat prepared to be filed in the Office of the, Clerk of Lincoln County titled, "PLAT OF SURVEY FOR F. MICHAEL KIBBIE AND CARLA S. KIBBIE OF TRACT WITHIN THE E'' /2SE'/a SECTION 9 SW' SECTION 10 T36N RI 19W LINCOLN COUNTY. WYOMING dated 25 January 2003, as revised. [The following data is for information only and does not limit in any way the foregoing legal description: each "comer" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR LTD AFTON WY PLS 5368", with appropriate details; each "position" is a calculated position with no monument set or found.] TOGETI.1ER WITH any and all improvements, easements. tenements. hereditaments and appurtenances thereunto belonging or in anywise appertaining. and any reversion, reminder, rents. issue, and profits thereof; SUBJECT TO: (t) reservations, restrictions. masters. rights of way and easements of record, of sight or vision or in use, including, without limitation, a separate easement from Grantor to I4i Line Equipment Company along the southerly 30 feet of the Property that was recorded on or about the date of this steed; (2) the changing nature of the west boundary line of the Property, which is calculated as a 50 foot offset to the meander line of the Salt River; and (3) the current year's real property taxes and assessments; and K,Miu,o ,Ueikle "ales lr Deed Calais-Pas q!I:olr (I) !'ages 0890951 RELEASING AND WAIVING all rights under and by virtue of the homestead exemption laws of the state of Wyoming. WITNESS their hands this ate. day of June 2003. LYNZI BAKER NOTARY PUBLIC STATE OF UTAH 569 MONTGOMERY STREET SALT LAKE CITY, UT 2006 MY Comm. Exp. OMO I s s. My Commission Expires: `b Z.) D(o STATE OF v �a COUNTY OF RHTND16253 -003.duc Kibbie to Meikle Special Frareany Deed Consisting of Four (4) Pages ss. STATE OF Vh COUNTY OF A-t' Lett) The foregoing Special Warranty Deed was acknowledged before me this day of June 2003 by F. Michael Kibbie. WITNESS my hand and official seal. My Commission Expires: I I MICHAEL KIDDIE 6.0�8->°x A S. KIDDIE 4 V Utary l3c ub 503 LYNZI BAKER NOTARY PUBLIC STATE OF UTAH 569 MONTGOMERY STREET SALT LAKEC[TY UT 84104 M Comm. 08/02/2006 The foregoing Special Warranty Deed was acknowledged before me this 13_ day of June 2003 by Carla S. Kibbie. WITNESS my hand and official seal. CT e fi otary ,Public Grantor(s) of Alpine, hereby CONVEY and WARRANT TO: SEE EXHIBIT "A" ATTACHED HERETO RECEIVED 3/23/2005 at 9:56 AM RECEIVING 907195 BOOK: 581 PAGE: 335 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYOMING County of Teton :SS LAURIE COE NOTARY PUBUC County of State of Teton Wyoming My Commission Expires 8/12/2007 WARRANTY DEED ROBERT R. MEIKLE and JAMIE S. MEIKLE, as Custodians for Tassie Sue Meikle, under the Wyoming Uniform Transfers to Minors Act County of Lincoln, State of Wyoming ROBERT R. MEIKLE and JAMIE S. MEIKLE, husband and wife, as tenants by the entireties Grantee of PO Box 3576, Alpine, WY 83128 for the sum of Ten Dollars and other good and valuable consideration the following described tract of land in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to -wit: Subject to reservations and restrictions contained in the United States Patent and to easements and rights -of -way of record or in use. Together with all improvements and appurtenances thereon. WITNESS, the hand of said grantor(s), this 21st day of March, 2005. On the 21st day of March, A.D. 2005, personally appeared before me, Robert R. Meikle and Jamie S. Meikle, as Custodians for Tassie Sue Meikle, under the Wyoming Uniform Transfers to Minors Act, known or identified to me to be the person(s) whose names(s) are subscribed to the within instrument, and acknowledged to me that they executed the same. Not`aty public LAND TITLE COMPANY COURTESY RECORDING This document is being recorggd solely as a courtesy and Ii 1j 0 3 3 accommodation to the parties therein. Land Title Co. Hereby expressly disclaims any responsibility or liability for the accuracy content thereof. Robert R. Meikle, as Custodian I A .LqLU S. Meikle, as Custodian My Commission Expires: Q"(3- 0 7 5 Prolaasional Lana Surveyors Paul N. Scheibe! Wyo. Regislralion No. 164 !Rah Regislralion No. 1670 Idaho Regislralion No. 3990 Nevada Regisralion No. 6805 Sco11 A. Scharbel Wyo. Regisralion No. 3689 Idaho Regis tration No. 8026 Ulah Regislralion No. 372111 MARLOWE A. SCNERBEL Wyo. Regislralion No. 5368 Sump, 5cheroe1, LTO. Ahon, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier. Idaho DESCRIPTION FOR ROBERT RILEY MEIKLE FROM ROBERT REX MEIKLE FAMILY EXEMPTION TRACT To- wit: 000336 That part of the SE% of Section 9, T36N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 524 of Photostatic Records on pages 500, described as follows: BEGINNING at a point on the south line of said Section 9, S89 46' -52 "W, 131.00 feet from the southeast corner of said Section 9; thence S89 46' -52 "W, 623.35 feet, along the south line of said Section 9, to a point on a fifty (50) foot easterly offset line to the right (easterly) bank of the Salt River; thence coursing said easterly offset line as follows: N68 32' -38 "E, 57.56 feet, to a position; N13 58' -39 "E, 141.78 feet, to a position; N06 57' -48 "W, 199.64 feet, to a position; N15 54' -44 "W, 129.66 feet, to a position; N27 42' -19 "W, 7.07 feet, to a position; N53 50' -15 "E, 94.74 feet, to a position; N59 44' -25 "E, 71.40 feet, to a position; N17 21' -49 "E, 91.35 feet, to a position; N34 14' -35 "E, 294.65 feet, to a position and leave said easterly offset line; thence N89 19' -10 "E, 392.78 feet, to a point; thence S15 19' -25 "W, 494.15 feet, to a point; thence S00 40' -50 "E, 436.13 feet, to the POINT OF BEGINNING; ENCOMPASSING an area of 10.87 acres, more or less; That the above described "fifty (50) foot easterly offset line to the right (easterly) bank of the Salt River" is an indefinite line intended to follow the meanders /fluctuations of said easterly bank; the above courses of said offset line are approximations only for the purpose of determining approximate acreage and do not, nor are they intended to, establish a fixed boundary; TOGETHER with a right of ingress and egress and utilities over, under and across a sixty (60) foot strip of land with the centerline described as follows: COMMENCING at the intersection of the south line of the McNeel Power Plant County Road No. 12 -104 with the east line of said SE%4, S00 04' -42 "W, 297.22 feet from the northeast corner of said SE%,; "Modification in any way of the foregoing description terminates liability of the surveyor" Pmlessional Land Surveyors Paul N. Scherbal Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6605 Scott A. Stharbel Wyo. Registration No. 3699 Idaho Registration No 6029 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5366 Surveyor Stherbel. LTD. Alton, Wyoming Big Piney, Wyondng Jackson, Wyoming Lava Hol Springs, Idaho Montpelier, Idaho DESCRIPTION FOR 090' ?19.5 ROBERT RILEY MEIKLE FROM ROBERT REX MEIKLE FAMILY EXEMPTION TRACT PAGE TWO (.100337 thence N89 23' -04 "W, 30.00 feet to the SPIKE OF BEGINNING; thence S00 04' -42 "W, 155.50 feet to a spike at the beginning of a circular curve to the right; thence southwesterly, 226.86 feet, along the arc of said curve through a central angle of 24 46' -40" with a radius of 524.58 feet and a chord bearing S12 28' -02 "W, 225.09 feet, to a spike at the beginning,of a circular curve to the left; thence southwesterly, 184.21 feet, along the arc of said curve through a central angle of 36 19' -42" with a radius of 290.53 feet and a chord bearing S06 41' -31 "W, 181.14 feet, to a spike at the end of said curve; thence S11 136.13 feet to a spike; thence S06 48' -29 "E, 141.12 feet to a spike; thence S17 08' -04 "W, 166.27 feet to a spike; thence S32 53' -15 "W, 157.21 feet'to a spike; thence S29 44' -35 "W, 174.78 feet to a spike; thence S23 43' -00 "W, 166.89 feet to a spike; thence S34 14' -36 "W, 36.78 feet to a spike on the north line of the above described tract; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under and across the easterly thirty (30) feet of the above described tract; SUBJECT to an access easement across the southerly thirty (30) feet in accordance with that easement of record in said Office in Book 524 of Photostatic Records on page 497; the BASE BEARING for this survey is the east line of the SE' of Section 9, T36N R119W, being N00 04' -42 "E; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details; each "position" is a calculated position with no monument set or found; each "spike" marked by a 3/8" x 12" steel spike referenced by one (1) or two (2) 5/8" x 24" steel reinforcing rod(s) with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details; all in accordance with the attached exhibit titled, `EXHIBIT FOR ROBERT REX MEIKLE TO ACCOMPANY DESCRIPTION OF FAMILY EXEMPTION TRACT FOR ROBERT RILEY MEIKLE WIT HE SE'/e SECTION 9 T36N R119W LINCOLN CO P" r •e Ol ING da be 003, as revised. eru �.�fr8 `yy Q tember 2003 "Modification in any way o he fbF f'; j rip ion terminates liability of the s CURVE LENGTH RADIUS DELTA CHORD CHORD BEARING TANGENT C1 239.83' 554.58' 24'46'40" 237.97' S1228'02 "W 121.82' C2 226.86' 524.58' 24'46'40" 225.09' S12'28'02 "W 115.23' C3 213.88' 494.58' 24'46'40" 212.22' S12'28'02 "W 108.64' C4 165.19' 260.53' 36'19'42" 162.44' S06'41'31 "W 85.48' C5 184.21' 290.53' 36'19'42" 181.14' S06'41'31 "W 95.32' C6 203.23' 320.53' 36'19'42" 199.85' S06'41'31 "W 105.16' r 0 2000 4000 SCALE' 1 2000 LEGEND x Alpine Retreat SubdMelon No. Plot No. 102 Indicates a right -of -way Ilne. X indicates an existing fence line. Indicates on easement line. Indicates a centerline. DRAAr.sp' Rill Horn oere• 73 September 2003 "gar Aire. 02 October 2003 ,ir C.14127047.' FMSLO 4170.1' Npba Retreat Subdivision Na 2 Plat No 104 Curve Data LOCATION MAP T36N R119W 0 Indicates a corner record filed or io be filed In the Office of the Clerk of Lincoln County. indicates a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap Inscribed, "SURVEYOR SCHERBEL LTD 816 PINEY WY PLS 5368 or "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details, found. Indicates a 5/8" x 24" steal reinforcing rod with a 2" aluminum cap Inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368', with appropriate details, set this survey. O Indicates a 3/8" x 12' eleai spike, set this survey. )8( Indicotes a calculoted or record position, no monument found or set. The Base Bearing for this survey Is the east line of the SE1 /4 of Section 9, T36N R119W, being N00'04'42 "E. x-'0['338 McNeal Power Plant County Road No. 12 -104 EXHIBIT FOR ROBERT REX MEIKLE TO ACCOMPANY DESCRIPTION OF FAMILY EXEMPTION TRACT FOR ROBERT RILEY MEIKLE WITHIN THE SE1 /4 SECTION 9 T36N R119W LINCOLN COUNTY, WYOMING SHUT 1 OF 2 Copyright 2003 by Surveyor Scherbd I.1D. 90 rights reserved SW? VEY ®R G1��1E T, L7 PROFESS/OW L,4NO SURIFYO/TS 6'8J 1796 6/4' A0Y17' .'.&1'47t!24' 9''D. 16LrA60i401" ..90.7-2/19-3.24 i EXHIBIT ROBERT REX TO ACCOMPANY D FAMILY FOR ROBERT RILE WITHIN SEA T36N LINCOLN CO N172 N59'44' N53'5015" N27"42'19" 3907195 SHEET 2 0' 200 SCALE N15'54'44"W N06 N1358 N66'32'38"E 57.56' ..4 9t 1780.30' ).1 RIII Hnr. r..e 7.3 September 7003 '1 411Yre!dtr 1 1117.4 02 Octobir 2003 9 AtAZE 91,,.w own nrn R CRIPTION OF ON TRACT MRIKLE Sixty (60) foot access SECTION and utility easement 9 R119W WYOMING P2 200' 29.66' 4' 199.64' 141.78' Salt KIver '49"E 91.35' 5"E 71.40' 94.74' 7.07' McNeel Power Plant County Road No. `c;1 N89'23'04W 1960,09 488 .PR 467 437 PR 608 rhipple Development Company BANKS OF THE SALT RIVER AS OF 8/30/2001 rf try7750 foot offset to east bank o the Solt River as of 8/30/20171 N34°14'35"E 349.61' 18.60' 36.59' 36.59' Thirty (30) foot access and utility easement oppurtenant 7 to adjoining lands Meikle Family Exemption Tract 10.67± Acres 524 PR 500 Robert R Meikle 524 PR 497 111 Line Egulpment Co. Thirty (30) foot access easement appurtenant to land In Section 16 736N R119W—,. -623.35' J S89'46 2642.00' 1 0 S23'43'00''W 166.89' S341436"W 36.78' N89 392.78' 319E6'7 0339 1473.53 30.00' 155.22' S29'44'35" W 1. 4 174.78' 7 .4- 12 S11'28'20"E 0 136.13' .c c0 606'48'29"E 141.12' 61708'04"W 166.27' S32'531 5"W 157.21' 8 SS/ON,41 MHO SOW 6"CU' 4E98 ..f/lG• lfc 40J7 #7 .r.d741 sro,c__ s.9 s,10 S.16 S.15 Coodght 2003 by Surveyor Scheibe' 110. All rights reserved SPECIAL WARRANTY DEED This Deed, made with j' ay of July, 2013, between WJW Holdings WY, LLC, a Wyoming limited liability company party of the first part of Lincoln County, Wyoming, and Dave E. Hermel and Darcy R. Hermel, husband and wife party of the second part, whose current address is 100 Oak Terrace Ct. North Mankato, MN 56003 WITNESSETH: That the said part of the first part, for and in consideration of the sum of Ten dollars ($10.00) and other good and valuable considerations to the said party of the first part acknowledged, as granted, sold and conveyed, and by these presents does grant, bargain, sell and confirm unto the party of the second part, his heirs and assigns, forever, the following described real property situate in Lincoln County, State of Wyoming, to wit: That part of Section 9, T36N R119W, Lincoln County, Wyoming described on the attached Exhibit prepared by Surveyor Scherbel, Ltd. titled, "Description for WJW Holdings WY, LLC Tract C Adjusted (2) dated 9 July, 2013. TOGETHER with the rights of ingress and egress contained on attached exhibit. RESERVING UNTO GRANTOR the easements contained on attached exhibit. Subject to the following covenants: Annual homeowners association dues start out at $1000.00 per year. If this tract is divided each divided tract will continue to have an assessment of $1000.00 per year. The assessments cover road maintenance, river property easement used by mountain top tracts this is the road going up hill gravel based, any maintenance shared by paved river road, Kibbie Parkway in the future. It also covers well agreement, maintenance, any items shared by tract owners of mountain lots, the owner of each tract gets one vote, or if tract is divided then each tract would get a vote, as long as dues are paid current. Any fencing wit be of wood nature only, no metal fencing allowed. Maximum fenced area is building site and /or 10 acres per tract of land. Snow removal by residents, or tract owners, if a owner does not build, snow will be covered only by those needing snow removal, future board of owners can change any covenant upon mutual decision of members. Each original tract owner will be a member of the board, each owner may will be limited to one even split of their property, one time, and must follow any current county rules and regulations. Grantor /Developer has the right to install water, electrical and /or phone in the most appropriate manner to serve the development. Current owners will not unnecessarily withhold their approval when presented with an easement of approval once the survey when completed. Grantor /Developer agrees to maintains the gravel road up hill the first year, summer of 2013 at Grantor/ Developers expense, until road way is established. SUBJECT to all covenants, restrictions, reservations, easements, conditions and rights appearing of record. Grantor shall and will specially warrant that the title to the afores .roperty is free from defects or encumbrances created or suffered by Grantor and will forever defe the property conveyed by the within deed, and every part thereof, against every person lawfully ing the same, or any part thereof, by, through, or under Grantor, and no other. RECEIVED 7/26/2013 at 10:10 AM RECEIVING 972232 BOOK: 816 PAGE: 505 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WJW Holdings LLC by WJW Holdin. LLLP, a North Dakota limited liabi ited partnership, nager William J. Wiemann, Gener- `Partner 0505 STATE OF WYOMING )Ss: COUNTY OF LINCOLN The foregoing instrument was acknowledged before me this /7 day of July, 2013, by William J. Wiemann, General Partner of WJW Holdings, LLLP, a North Dakota limited liability limited partnership, Manager of WJW Holdings WY, LLC, a Wyoming limited liability company. WITNESS my hand and official seal. My Commission Expires: l- 2Z-zb /7 (?-d" LAYNA J. HADERLIE.- NOTARY PUBLIC County of State of Lincoln Et Wyoming My Commission Expires: January 22, 2017 Notary Public 0506 PICIe$Oc ,1 Land Sunoyas PALS. N SCHERBEL Wry. Rgllslralon W0. 101 10191 Ro¢gni4on 140. 1670 Idaho Rogislrauon No. 3990 NOmda ResEsin440n No. 6693 SCOTT A. SCHER6EL Wry. Regnoalron N0. 3009 04tH Regi410Nion No. 372111 Who RooRan09 No 6026 MN11O'WEA Sci4ERoE1. Wyn RogLWa4on N0.3369 KARL 1. SCHER801. Wy0. RepmInniso Ho. 11410 14,60 RepialralIon Nn. 13493 CFEDS 90. 1223 Surveyor Sd10N01, LTD .flan. Wymselg SIg Pant. aong 3aWm. Wyoming Lava Hot Spps.14060 Monlyoett. Idaho DESCRIPTION FOR WJW HOLDINGS WY, LLC TRACT C ADJUSTED (2) To -wit: All of Tract C Adjusted (2) as depicted on the below referenced plat; ENCOMPASSING an area of 36.22 acres, more or less; The Base Bearing for this survey is the east line of the SE'h of Section 9, T36N RI 19W, Lincoln County, Wyoming, being S00 04' -42 "W; TOGETHER with a right of ingress, egress and utilities over, under and across Kibbie Parkway, Granite Ridge Road, Driveway Easement C -1, Driveway Easement C -2, the Twenty (20) foot Utility Easement 1, the Twenty (20) foot Utility Easement 2 and the Twenty (20) fool Utility Easement 3, all as depicted on said plat; AND TOGETHER with a right of ingress and egress over and across the Twenty (20) foot Forest Access Easement and Common Area Easement, as depicted on said plat; SUBJECT to a right of ingress, egress and utilities over, under and across the Twenty (20) foot Utility Easement 1 and Twenty (20) foot Utility Easement 3; AND RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across the Twenty (20) foot Utility Easement 1 and Twenty (20) foot Utility Easement 3, as depicted on said plat, in order to provide a perpetual access and utility easement to whatever lands said Grantors may designate; that should the actual installed utilities be found to be in a different location than within said Twenty (20) foot Utility Easements as shown on said plat, then the centerline of the actual installed utility will automatically become the centerline of the twenty (20) foot utility easements; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across said Kibbie Parkway, Driveway Easement C -1, Driveway Easement C -2, Granite Ridge Road, Common Area Easement, Twenty (20) foot Forest Access Easement, as depicted on said plat, in order to provide a perpetual access and utility easements appurtenant to adjoining lands of said Grantors and to whatever lands said Grantors may designate; AND RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under and across the cul -de -sac to be constructed on Kibbie Parkway, as depicted on that plat titled "FINAL PLAT GRANITE RIDGE PHASE II to be recorded in the Office of the Clerk of Lincoln County, Wyoming, said cul -de -sac to be appurtenant to owners of lots within said Phase 1I; all in accordance with the plat of record in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR WJW HOLDINGS WY, LLC WITHIN GLO LOT 2 GLO., 3 GLO LOT 4 SWV44NE% SE1/4 SECTION 9 T'36N RI19W LINCOLN Cfd id4 so ING dated 15 April 2013, as revised, with Accession No. 970561. "Modification in any way of the foregoing description terminates liability of the surveyor" 05 7 SPECIAL WARRANTY DEED This Deed, made this I `f day of December, 2012, between WJW Holdings WY LLC, a Wyoming limited liability company party of the first part and Jack Schulte, Trustee of the Jack Schulte Revocable Trust dated April 16, 1982 Party of the second part, whose address is P.O. Box 3206, Alpine, WY 83128 WITNESSETH; That the said part of the first part, for and in consideration of the sum of Ten dollars ($10.00) and other good and valuable considerations to the said party of the first part acknowledged, as granted, sold and conveyed, and by these presents does grant, bargain, sell and confirm unto the party of the second part, his heirs and assigns, forever, the following described real property situate in Lincoln County, State of Wyoming, to wit: That part of Section 9, T36N R119W, Lincoln County, Wyoming described on the attached Exhibit prepared by Surveyor Scherbel, Ltd. titled, "Description for WJW Holdings WY, LLC Tract B Adjusted dated 12 December 2012. TOGETHER with the rights of ingress and egress contained on attached exhibit. RESERVING UNTO GRANTOR the easements contained on attached exhibit. Subject to the following covenants: Annual homeowners association dues start out at $1000.00 per year. If this tract is divided each divided tract will continue to have an assessment of $1000.00 per year. The assessments cover road maintenance, river property easement used by mountain top tracts this is the road going up hill gravel based, any maintenance shared by paved river road, Kibbie Parkway in the future. It also covers well agreement, maintenance, any items shared by tract owners of mountain lots, the owner of each tract gets one vote, or if tract is divided then each tract would get a vote, as long as dues are paid current. Any fencing will be of wood nature only, no metal fencing allowed. Maximum fenced area is building site and /or 10 acres per tract of land. Snow removal by residents, or tract owners, if a owner does not build, snow will be covered only by those needing snow removal, future board of owners can change any covenant upon mutual decision of members. Each original tract owner will be a member of the board, each owner may will be limited to one even split of their property, one time, and must follow any current county rules and regulations. Grantor /Developer has the right to install water, electrical and /or phone in the most appropriate manner to serve the development. Current owners will not unnecessarily withhold their approval when presented with an easement of approval once the survey when completed. Grantor /Developer agrees to maintains the gravel road up hill the first year, summer of2013 at Grantor/ Developers expense, until road way is established. SUBJECT to all covenants, restrictions, reservations, easements, conditions and rights appe ring of record. Grantor shall and will specially warrant that the title to the afore encumbrances created or suffered by Grantor and will forever d and every part thereof, against every person lawfully claiming the Grantor, and no other. RECEIVED 12/14/2012 at 4:35 PM RECEIVING 968526 BOOK: 800 PAGE: 656 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF W4 COUNTY OF� )ss: The foregoing instrument was acknowledged before me this 6 I day of December, 2012, by William J. Wiemann, General Partner of WJW Holdings, LLLP, Manager of WJW Holdings WY, LLC, a Wyoming limited liability company. WITNESS my hand and official seal. My Commission Expires: L IQ( a N rth Dakota lim OO65 id property is free from defec or d the property conveyed by he within deed, me, or any part thereof, by, rough, or under WJW Holdi gs WY, LLC by WJW Holy ings, LLLP, iabili y limited partnersh Manager William J. Wiemann, G al Partner Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No, 164 Utah Registration No.1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8028 MARLOWE A. SCHERBEL Wyo. Registration No. 5388 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scheibe!, LTD. Alton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR WJW HOLDINGS WY, LLC TRACT B ADJUSTED To -wit: All of Tract B Adjusted as depicted on the below referenced plat; ENCOMPASSING an area of 35.19 acres, more or less; 12 December 2 G5 The Base Bearing for this survey is the east line of the SE1 /4 of Section 9, T36N R119W, Lincoln County, Wyoming, being S00 04' -42 "W; TOGETHER with a right of ingress, egress and utilities over, under and across Kibbie Parkway, Granite Ridge Road and the Ten (10) foot Access and Utility Easement, as depicted on said plat; AND TOGETHER with a right of ingress and egress over and across the Twenty (20) foot Forest Access Easement, as depicted on said plat; AND RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across said Kibbie Parkway, Caribou Forest Drive, Granite Ridge Road, Ten (10) foot Access and Utility Easement, and Driveway Easement C -1, Driveway Easement C -2, and Driveway Easement D, as depicted on said plat, in order to provide a perpetual access and utility easement to whatever lands said Grantors may designate; AND RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across the Twenty (20) foot Utility Easement 2 and the Twenty (20) foot Utility Easement 3, as depicted on said plat, in order to provide a perpetual access and utility easement to whatever lands said Grantors may designate; that should the actual installed utilities be found to be in a different location than within said Twenty (20) foot Utility Easement 2 and said Twenty (20) foot Utility Easement 3 as shown on said plat, then the centerline of the actual installed utility will automatically become the centerline of the twenty (20) foot utility easements; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "GRANITE RIDGE PHASE I PLAT OF ADJUSTED TRACTS WITHIN GLO LOT 2 GLO LOT 3 GLO LOT 4 SW'Y4NE'/a SE% SECTION 9 T36N R119W LINCOLN COUNTY, WYOMING dated 10 December 2012, as revised, of record in said Office with Accession No. 968487. "Modification in any way of the foregoing description terminates liability of the surveyor" RECEIVED 5/7513 at 3:49 PM RECEIVING If y11197 BOOK: 812 PAGE: 458 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1l CORRECTIVE SPECIAL WARRANTY DEED This Derr. mace ;his C day of AVM 2013. between WJW Holdings WY L:.C, a'Wyoming limited liability company pany of the first par, and Davin. G. Wood and Suzette Wood, husband and wife Party of the second ;art. whose address is 280 Shoshone, Rexburg, ID 83440 W'ITNESSETI That the said part of the first part, for and in consideration of the sum of Ten dollars (510 J5) and other good and valuable considerations to the said party of the first par: acknowledged. as granted, soid and conveyed. and by these presents does grant. bargain, sell and confirm unto the parry of the second part. his heirs and assigns, forever, the following described real property silaale rn Lincoln County. State of Wyoming, to wit: That part of Section 9, T36N R119W, Lincoln County, Wyoming described on the attached Exhibit prepared by Surveyor Scherbel, Ltd. titled, "Description for WJW Holdings WY, LLC Tract D Adjusted dated 12' December 2012. TOGETHER with the rights of ingress and egress contained on attached exhibit. RESERVING UNTO GRANTOR the easements contained on attached exhibit. Subject In the following covenants: Annual homeowners association dues start oul al S1500.00 pe: yew. if In 3s :tac:t rs divided each dnddec 0001 win continue to have an assessment of 51000.05 per year The assessments cover road maintenance, river properly easement used oy nrountam 44)00010 MI5 10 me read going up hill gravel based, any maintenance shared by paved river mad Kibbie Parkway alike i:aee also covers well agreement maintenance. any items shared by tract owners of mountain lots. the owner et each Imo( hots one vote, or 9 tract is divided Then each tract would get a vote. as lone as dues are pave current. Any fencing wt.i oe of wood nature only. no metal fencing a vowed. Maximum foncee area 10 but,diny sae. and /or 10 acres per :ran.: of land Snow removal by residents. or tract owners, 9 a owner does dot build, snow will be covered only by those needing snow remove!, future board of owners can change any covenant upon mutual der1se n of members Each anginal tract owner will be a member of the ware. each owner may will be limited to one even split o` Heir properly. one time, and mast follow any current county rules and regulations. Grantor /Developer has the right to install water. electrical 0,ldlor phone in the most appropriate :manna to serve tie development Gui rM1 ewnels will not unnecessarily w:lhhold then approval when presented with an easement rr npp:ovel cape the suvey when completed. GranlodDeve:eper a5100s 10 maintains the gravel react tip boll the first ye,:!. summer of 2013 of Grants/ Deveapea e. pease cmlil road way is established Sl10JEC1 :u all coverings, restrictions. reservations, easements, a 00 and 50111s appoann9 of (00010 Grantor st :aO add w:f specialiy warrant that the title to the aforesaid property is free from eefeds or encumbrances created or suffered by Grantor end will forever defend the proparry conveyed by zit, rilhin doge. any every part thereof agninsl every person lawlaly elan:v .9 Inc same, or any Mart thereof. by, :i•roc h, or under: Starrier. and no outer Approved by Grantees: avid G. W- od am J. !i'o WJW Holdings WY. by WJW Holdings, LLI:' a North Dakota limit bilily limited partnership. Manage. Suzette Partite 'f his serves to correct the description and revise the easement contained therein in that certain Special Warranty Deed recorded November 29. 2012 in Book 799PR on page 329 of the records of the Lincoln County Clerk. Acknowledgement attached to Corrective Warranty Deed between WJW Holdings WY, LLC. David G. Wood and Suzette Wood. STAT OF WYOMING )ss: COUNTY LINCOLN The .regoi instrument as acknowledge 013, b William J. •k ieman General Partner of W C, a Wyoming h mite' liability company. W ESS my hand an STATE OF IDAHO )ss: COUNTY OF iVaS01(1 seal. My Commission xpires: 111019 )1 W t5 The foregoing instrument was acknowledged before me this 2" I day of A 2013, by David G. Wood and Suzette Wood. WITNESS my hand and official seal. My Commission Expires: i O19 11, 2QI5 efore me this 21 ,45a Holdings, LLLrR Manager 4VIAlik I Notary 'ublic ►►u nrty�� ‘`aA N ICIn:�i oi, o Ea w w 00459 oldings Notary Public Acknowledgement attached to Corrective Warranty Deed between WJW Holdings WY, LLC, David G. Wood and Suzette Wood. STATE OF WYOMING ss.. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me this,43 day of 2013, by William J. Wiemann, General Partner of WJW Holdings, LLLP, Manag of WJW Holdings WY, LLC, a Wyoming limited liability company, WITNESS my hand and official seal. My commission expires: MARY KIEHNE NOTARY PUBLIC County of C State of Lincoln l Wyoming "rc My Commissier !:rpiree September 27, 201 u0460 WW1 iuCNU NMI 41/... Mom Yrnelos n A+N A•nvLL, 4.y naYnlM ME IMATTA h lt•NU(•. n.rr::Nm IW W.1 N almru 1, wow .bNnw WO. WAWA. n UC.ICMML Wp Ilpunla,l., AYt IM1NN"el 4}b 17,1 N, e On. 1 c nr,7NUla. luA r.BS u. yr D°scRIPTIoN FOR \V.li1 HOLDINGS \YY, I,LC Ti2AC"r D- A 1)1I Is •1•:D f 0-wlt: All of Tract D Adjusted as depicted on :1>> below referenced plat: 1:NCM1 PASSING am :u'ca of 35.09 acre,. more or iess: The Base Bearing for tins survey is the cast line of 1111 SL 114 of Section 9, 'f_ UN R11 VW, Liticolll Cotnnv• bcin S00"4'42 \F: with a right of ingress, egress and utilities over, under and :cross Kdlbic Parkway, Granite Ridge Road and Driveway Easement 0, as depicted on said plat: ANI) 10(311TI.IL•R with a right of ingress and egress over and across the Twenty (20) foot Forest Access Easement. as depicted on said pia:: AND SL I(JL•CT to a right of ingress, egress and utilities over. under and across Caribou Foc: at 1rive, as depicted on that plait of wont in the Office of the Clerk of Lincohl County whI1 Plat M. 1112 -A, tided "ACC I:SS 1(OAD.1l.PINIi RL•T RLM SUBDIVISION I r\ \D 2 RESERVING unto the Grantors. (heir heirs, successors and assigns a perpetual right of ingress, ogress and utilities over. under, and across said Kihbic Parkway, Caribou Forest Drive. Granite Ridge Road, the Ten (I0) lout Access and Utility liasc!rud, I:2 Ih1• Driveway Easement as depicted on said plat. in order to provide a perpetual access and 111(119 easement lo whatever lands said Grantors !nay designate: AND RII.SERVI140 u1)10 the Clranlot:s. Ihei heirs, successors and assigns a perpetual right 01' ingress, egress and utilities over, under, and across the Twenty (20) loot Utility Ifasenter.I 2, as depicted on said plat, in order h) provide a perpetual aeecs.; and utility easement to whatever lands said Grantors may designate: that should the actual installed utilities he found to be in a different location than within said 'Twenty (2) foot Utility F..asentcnl as shown on said plat, then the centerline of the actual installed utility will automaticall> become the centerline of the Iwenly (20) fool ulilily easatant: all in accordance with the plat prepared to be tiled in the Office of Ito Clerk of Lincoln County titled. "GRANI'T'E 14118(2 11I:\S! I I'I.A'f 01 Alwyn:) TRACT'S Wrl'lIIN GLO 1,0'1' 2 GLO LOT 3 GLO LOT 4 SW /,NI 9E1/4 SECTION 9 T3ON R1194V LINCOLN COUNTY, WYOMING'. dated 10 December 2012, as revised, or record in stair! Office with Accession No. 9084$7. o 0 Land S i i_ December 2012 UelO WYOpgtN "Modification in any way of the foregoing description terminates liability of Ole surveyor' 00461 oal Land Surveyors SCHERBEL 7i01,06on No. 164 ilslration No. 1670 gislration No. 3990 :egistra9on No. 6805 SCHERBEL tistrelion No. 3889 Ilstralion No. 372111 gi$tralion No. 8026 VEA. SCHERBEL *ration No. 5368 SCHERBEL 7islraiion No. 11810 gislration No. 13493 No. 1223 Scherbel, LTD. loming Wyoming Wyoming Springs, Idaho Idaho DESCRIPTION FOR WJW HOLDINGS WY, LLC RIVER EASEMENT To -wit: A strip of land, fifty (50) feet in width, within that part of the SE'/ of Section 9, T36N R119W, lying and being situate southerly of the south right -of -way line of McNeel Power Plant County Road No. 12 -104, with the easterly line of said strip described as follows: BEGINNING at a point on said south right -of -way line, S59 03'03 "W, 567.78 feet, from the northeast corner of said SEY; thence S48 05' -02 "E, 176.94 feet, to a point; thence S60 56' -46 "E, 60.37 feet, to a point; thence S41 05' -44 "E, 101.56 feet, to a point; thence S21 39' -39 "E, 75.16 feet, to a point; thence S15°-57'-58"E, 90.43 feet, to a point; thence S23 07' -33 "E, 160.04 feet, to a point; thence S10°-44'-55"E, 149.21 feet, to a point; thence S00 49' -32 "E, 141.79 feet, to a point; thence S15 55' -14 "W, 143.87 feet, to a point; thence S30 06' -48 "W, 326.78 feet, to a point; thence S27 06' -43 "W, 128.46 feet, to a point; thence S18°-08'-29"W, 70.05 feet, to a point; thence S35 52' -48 "W, 182.40 feet, to a point; thence S41 44' -19 "W, 60.81 feet, to a point; thence S26 31' -12 "W, 114.82 feet, to a point; thence S19°-01'-36"W, 56.54 feet, to a point; thence S46 35' -20 "W, 93.19 feet, to a point; thence S81 19' -58 "W, 13.80 feet, to a point; thence S00 06' -06 "E, 26.52 feet, to a point; thence S26 09' -10 "E, 69.03 feet, to a point; thence S10°-21'-20"E, 82.92 feet, to a point; thence S07 45' -08 "W, 47.04 feet, to a point; thence S22 13' -59 "W, 30.25 feet, to a point; "Modification in any way of the foregoing description terminates liability of the surveyor" Tonal Land Surveyors SCHERBEL egislration No. 164 Igislralion No. 1670 :egislration No. 3990 Registration No. 6805 A. SCHERBEL egislration No. 3889 rgislration No. 372111 egislration No. 8026 iWE A. SCHERBEL egislration No. 5368 F. SCHERBEL egislration No. 11810 :egislration No. 13493 3 No. 1223 o Scherbel, LTD. Vyoming ey, Wyoming r, Wyoming rt Springs, Idaho tier, Idaho DESCRIPTION FOR WJW HOLDINGS WY, LLC RIVER EASEMENT PAGE TWO thence S08 15' -22 "W, 30.04 feet, to a point; thence S00 32' -01 "W, 166.60 feet, to a point; thence S31 15' -17 "W, 48.73 feet, to a point; thence S39 37' -09 "W, 48.64 feet, to a point; thence S63 15' -47 "W, 36.26 feet, to a point on the south line of said SE'/4, the terminus of the River Easement, S89 46' -52 "W, 735.93 feet, from the southeast corner of said SE'/; the westerly line of the above described easement to be shortened or lengthened as necessary to meet the south right -of -way line of McNeel Power Plant County Road No. 12- 104 and the south line of said SE1/4, to create a continuous easement with a minimum width of fifty (50) feet; it is intended and understood that the location of this easement is a fixed boundary line and will not move with changes in the location of the easterly bank of the Salt River caused by accretion and erosion of the river; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "SALT RIVER COVE DIVISION NO. 2 THIRD FILING WITHIN THE SE3/4 SECTION 9 SW1/4 SECTION 10 T36N R119W LINCOLN COUNTY, WYOMING dated 23 December 6 pS ed. 27 December 2013- revise 12 February 2013 "Modification in any way of the foregoing description terminates liability of the surveyor"