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HomeMy WebLinkAbout975521WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of. Lincoln i' Wyoming My Commission Expires: July 16, 2015 My Commission expires: RIGHT OF FIRST REFUSAL DON AULLMAN, TRUSTEE of the Don Aullman Family Trust dated January 1, 2007, P.O. Box 296, Thayne, Wyoming 83127, GRANTOR, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby grants to AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, a Delaware limited liability company, 2500 East Kearney, Springfield, Missouri 65898, GRANTEE, the following right of first refusal: 1. Grantor is the owner of real property in Lincoln County, Wyoming identified on attached Exhibit A, the "Property". 2. If Grantor receives an offer from a bona fide third party to purchase the 32 -acre parcel of the a tn Y Property shown on Exhibit A, Grantee shall have a right of first refusal as set forth herein. w zu= 3. Grantor shall promptly provide Grantee with written notice of any written offer to purchase the N J z 30 -acre parcel of the Property. Said notice shall be sent to Grantee at the above identified address unless Grantor o; o u o has been notified in writing by Grantee by certified mail of a different address for Grantee. u i u U --I ,yam z to E _J 4. Grantee shall have thirty (30) days from receipt of said written notice to exercise this right of first n o refusal by providing to Grantor a written offer to purchase the 30 -acre parcel of the Property under the same terms w LL -J and conditions as the offer from a bona fide third party. w zQ w _,0. z= 5. If Grantee fails to exercise this right of first refusal within thirty (30) days from receipt of said p N c wri notice, then this right of first refusal shall be null and void and of no further legal consequence upon: (1) the z recording of an affidavit from Grantor that notice was given and that Grantee did not exercise Grantee's right of first fr,i, o z refusal; and (2) the recording of a deed from Grantor to a bona fide third party purchaser in the land records of in z O Q Lincoln County, Wyoming. If a deed from Grantor to a bona fide third party purchaser is not recorded in the land j� m w records of Lincoln County, Wyoming, then this right of first refusal shall remain in full effect despite Grantee's failure to exercise Grantee's right of first refusal within thirty (30) days from receipt of said written notice. 6. Grantor shall not sell any part of the 32 -acre parcel to any third party without the written consent of Grantee. WITNESS our hands this 20 day of February, 2014. 11 DON AULLMAN, TR"7 of the Don Auliman Family Trust dated January 1, 2007 STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 26.6 day of February, 2014, by DON AULLMAN, TRUSTEE of the Don Auliman Family Trust dated January 1, 2007. OTAR PUBLIC Professional LandSurveyors PAUL N. SCHERBEL w. S gls8 110,, 770184. Ulah kegler .No. 1670 Idaho R0814a0a0 3990 Ns8ada Ragnitaion No.6605 SCOTTA.SCHERBEL Wyo, Regiatotion No. 380 Utah Regiilralioo No. 372011 Idaho Regis5adon No. 8028 MARLOWRA, SCHERBEL Wyo. Regislialion No..;5388 KARL F.SCHERBEL. Wyo. Reglstra5on No. 11810 Idaho Re lsita64n No. 13493 CFEDS No. 1223 9urveyorteherbe1, LTD. Afton, Wyoming Blg Piney, Wyoming Jackson, Wyoming. Law H01 springs, Idaho Mohtpeller, Idaho DESCRIPTION FOR AMERICAN SPORTSMAN REAL ESTATE HOLDINGS, LLC 32 ACRES FIRST RIGHT OF REFUS To -wit: That part of the N'Y2NW' /a of Section 23, T34N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 821 of Photostatic Records on page 516, described as .fallows: BEG,INNING, at a spike on the centerline of Roberts Street, S83°-09-39"E, 687.08 feet, froth the northwest corner of said N'Y2NW'I4; thence S89 1084.83 feet, -along said centerline, to a spike; thence S00 11'- 47 "W,. 1297.98 feet, to the northwest point of Lot 6 of West Thayne Subdivision, of record in said Office with Accession No. 501343, on the south line of said tract in Book 821; thence N89 05' -44 "W, 372.13 feet, along said south line to a point; thence N89 05' -l5 "W, 478,76 feet, along said south line, to, a point; thence N88 57' -15 "W, 229.68 feet, along said south line, to a point, and leave said south line; thence N00 00' -24 "E, 1295.79 feet, to the SPIKE OF BEGINN.I.NG; ENCOMPASSING an area of 32.24 acres, more or less:; the BASE BEARING for this survey is the west line of the N %NW'Yo of Section 23, T34N R 119W, being N00 32' -14 "E; SUBJECT to easements of record; each "corner" found as described in the Corner Record filed or to be tiled 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 11810 with appropriate details; each "spike" marked by a 3/8" x 12" steel spike [referenced by .a. 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT' OF BOUNDARY ADJUSTMENT FOR, AMERICAN SPORTSMAN REAL ESTATE 1--HOLDINGS, LLC AND DON AULLMAN FAMILY TRUST, DATED 1 JANUARY 2007 WITHIN THE N %NW'Y SECTION 23 T34N RI19W PARTLY WITHIN THE INCORPORATED LIMITS OFTHETOWN OF THAYNE LINCOLN COUNTY, WYOMING'', dated 7 February 201.4, as rev 25 February 20I 4I EXHIBI A \'Ci�,\�3�4 -I 2ZFAmi;Y.i¢BR S atutnan "Modification in any way of the foregoing description terminates lia4ttty of the surveyorA