HomeMy WebLinkAbout911671 RECEIVED 9/9/2005 at 10:34 AM
RECEIVING# 911671
BOOK: 597 PAGE: 50
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
INSTALLMENT SALE AGREEMENT
THIS AGREEMENT made and entered this 18th day of August, 2005,
by and between PATRICIA E. LOONEY, Box 322, Pinedale, Wy., 82941,
Party of the First Part and hereinafter called the "Seller",
and DONNA L. CORONA, a. single woman, 389 ~illcrest Lane, Rock :
Sprin~s, Wy.~/ 82901, Party of the Second Part and hereinafter called
the "Purchaser"
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~ I T N E S S E T H:
Seller a~rees to sell unto Purchaser and Purchaser a~rees
to buy from Seller the followin~ described real estate in the
County of Lincoln and State of Wyoming, to-wit:
Lot 22 of the Viola Subdivision, Phase I, as the
said subdivision appears on the plat'and map thereof
on file and of record in the office of the Countf Clerk
of Lincoln County, Wyoming, .and
TOGETHER WITH all buildings, fences and improvements
situate thereon or appurtenant thereto, AND TOGETHER
WITH all water and water rights, 'ditch and ditch rights,
and reservoir and reservoir rights situate thereon or
appurtenant thereto;
BUT SUBJECT, NEVERTHELESS, TO the provisions of United
States patents, AND SUBJECT FURTHER TO easements and
rights of way of record or in actual use for telephone
transmission lines, electric transmission lines,
irri~ation ditches and canals, and ~oads and ways, and
SUBJECT FURTHER TO all outstandin~ mineral .interests
AND SUBJECT FURTHER TO accrued and accruinz t~xes,
and for said real estate Purchaser shall pay, and Seller shall
accept Seventeen Thousand Five Hundred Dollars ($17,500.00) to~ether
with accruin9 interest thereon at the rate of Eight Per Cent (8~)
Per Annum from and after the 16th day of September, 2005, which
shall be paid by 120 monthly installments , each in the amount of
$145.60, commencin~ on the 16th day of October, 2005, and continuin~
on the 16th day of each month thereafter succeedin~ until said
purchase price and all interest has been fully paid;
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Ail of the aforesaid installments shall be made to S~ller
at Box 322, Pinedale, Wy., 82941, or such other place as Seller
may hereafter dei~nate;
Seller shall not be obligated to accept any of the fore~oin~
installments of the~ principal sum and interest except at the times
and in the amounts hereinabove set forth, except' however, Seller
a~rees Purchaser may at the option of Purchaser pay, without penalty,
the then unpaid balance of the purchase price to~ether with the
interest accrued to date of payment.
THE PARTIES FURTHER AGREE AS FOLLOWS:
1- Possession, assignment, liens, taxes and buildings.
(a) Purchaser may have possession of the above property upon
execution of this.a~reement, Purchaser has inspected' the property
and accepts the property' in its present condi%ion;
(b) Purchaser shall not'surrender possession of th'e above
property nor part with possession to any persons whomsoever., nor
shall Purchaser assign or sell this a~reement to any person whom-
soever without first havin~ obtained the.written consent thereto
of the Seller;
(c) Purchaser shall pay before delinquency all taxes and
assessments on the property comin~ due on or after the first day
of January, 2006;
(d) Purchaser shall not suffer nor permit any liens, other
than liens of taxes, encumbrances and mortgages to accrue or attach
to the above property durin~ the term hereof and in event the same
shall accrue or attach.Purchaser shall immediatelf pay
and dissolve the same and upon failure to do so Seller may pay the
same and all sums so expended by Seller in the satisfaction,
dissolution and discharge thereof shall accrue interest at the rate
of EIGHTEEN PER CENT (18%) PER ANNUM from the time of payment and
the same shall be immediately due and payable by Purchaser
unto Seller;
(e) If Purchaser fails or neglects to pay any installment
of taxes or assessments, when due, Seller shall have the right to
make such payment and to add the amount thereof, to~ether with
interest at EIGHTEEN PER CENT (18~) PER ANNUM to the obligation
of Purchaser hereunder;
2- Delivery of warranty deed.
Upon payment of the purchase price and all interest, and pro-
vided that Purchaser has otherwise performed as required of
Purchaser herein, Seller shall convey the above property unto
Donna L. Corona by means of statutory form of warranty deed;
3- Taxes and assessments.
Ail taxes assessed and levied upon the property in the year
2005 and prior thereto shall be paid by Seller, and Purchaser
shall pay all of the 2006 taxes;
4- Timelf performance - default.
Time is of the essence of this a~reement and Purchaser shall
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make all payments promptly as herein provided; Purchaser expressly
understands and a~rees that if Purchaser shall fail to make any
of the aforesaid payments to Seller, in the amount, manner and
within the time herein ~rovided, or should Purchaser fail to
perform any of the other terms and conditions hereof, in the manner
and within the time herein provided, and shall fail to make said
delinquent payments and otherwise remedy the default of other
terms and conditions Within thirty (30) days after written notice
thereof is deposited in the United States mail, postage prepaid,
and addressed to Purchaser at the followin~ address of the
Purchaser,
Donna L. Corona
389 Hillcrest Lane
Rock Sprin~s, Wy., 82901
the SEller-may at the option of Seller declare this contract ended,
cancelled and of no further force and effect, and Seller may file
for record in the office of the County Clerk a declaration of
forfeiture (settin~ forth the facts of such failure on the part
of Purchaser)and the same shall be sufficient to cancel all
obligation hereunder on the part of Seller and shall fully reinvest
Seller with all rights, title and interest hereby a~reed to be sold,
conveyed or delivered and Purchaser shall forfeit all right, title,
and interest in and to the above property includin~ any and all
improvements and Seller shall have the right to re=enter and take
possession, without demand, of the above-described real property
and all improvements thereon, includin~ those erected or placed
thereon by Purchaser and in event of such repossession Seller may
keep said real property as Seller,s own and absolute property bein9
hereby released from all obligation at law and in ~quity to convey
said property, and in such case all monies forfeited as described
above shall be considered as rental for said property and as
~iquidated damaDes for failure on the part of Purchaser to perform
and comply with the terms of this a~reement;
5- Construction.
Ail words used in this a~reement includinD the words "Purchaser"
and "Seller" shall be construed to include the plural as well as
the singular number and words used herein in the present tense shall
include the future as well as the present and words used in the
masculine ~ender shall include the feminine and neuter;
6- Effect of waiver.~
~The waiver of Seller of any covenant, condition or a=reement
herein Contained shall not vitiate the same and the terms, cohditions,
covenants and a~reements set forth herein shall apply, inure to
and bind the heirs, executors, administrators and assigns of the
respective parties hereto;
7- Persons bound.
Ail provisions hereof shall extend to, inure to the benefit
of and be bindin~ upon the respective parties and their heirs,
devisees, personal representatives and assigns;
8- ~iti~ation - allowance of attorney's fees to prevailin~~ party.
If any action is brought to enforce this a~reement or ant
provision hereof, to rescind~he same, to collect damages for an
alleged breach hereof, or'for declaratory judgment hereunder, the
prevailin~ party in such action, whether plaintiff or defen~_n~,
shall be entitled to an allowance for reasonable attorney fees, in
addition to costs of suit;
9- Interest on past-due installments.
Any installments, of the principal sum or accrued interest, or
both, not paid when due shall accrue interest at the rate of
EIGHTEEN PER CENT (18%) PER ANNUM from the due date until paid;
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IN WI?NESS WHEREOF, we hereunto set our hands the day and
year first above written.
PATRICIA E. LOONEY,
ONNchaser
STATE OF wYOMING )
)
County of Subl'ette )
ss
The fore~oin~ instrument, was acknowledged before me by
Patricia E. Looney, 'this <~ day °f~dL~o~ , 2005.
Witness my hand and official seal.
STATE OF WYOMING
County of Sweetwater
Notary Public
.)
) ss
)
The fore~oinN instrum~ent was acknowled~'ed before me by
Donna L. Corona; this ~ day of ~.~)90~;~ , 20~5.
Witn~.~.~.~..~?~a%nd official~ea~-/-- , ~
~' UBtI~ 2~ ~g~ar y Public ' /
expires ~~~
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