The URL can be used to link to this page

Home My WebLink About914463 ; r\n·!~.l""O '.- ,)\....'J ..,. HEAL ESTATE SALES AGREEMENT Seller, D.C. Krautter aka Don C. Krautter and Jean M. Krautter, Trustees of the Krautter Family Trust dated August 26, 1996, of P.O. Box J/165, Alpine, \'¡yoming ßJ128, ("Seller" herein), agrees to sell, and Gene \.¡. Elmore Jr., John \\Ì. Elmore and Justin L. Elmore, father and sons of Houston, Texas , ("Buyer"), whose mail ing address is: 9402 Sandstone Street, HoustoD, Texas ?70J6, for an undivided one- third interest each as tenants in common, agree to buy the following described real estate located in the W0 NWK of Section 15, TJ6N, RlI9\~, Lincoln County, State of \'¡yoming, and described as follows: Lot Twenty (20) of the Longview Ranch Subdivision according to the official plat thereof (Plat J61-A, instrument number 872264) on file in the office of the Lincoln County Clerk, Kemmerer, Wyoming. ztJ ; oJ SUBJECT, however, to all covenants, conditions, restrictions, reservations, easements and rights-of-way of sight or record, including without limitation that certain Amended Longview Ranch Declaration of Covenants-Conditions-Restrictions dated March 9, 2005, and recorded in the office of tbe Lincoln County Clerk on March II, 2005, in Book 580 PR, page 550, Instrument No. 906998, the provisions of which are incorporated herein by this reference. 1. Price and Terms of Payment. The total sell i ng pri ce IS $72,000 payable as follows: Earnest money in the amount of $1000 to be deposited with and held by Longview Ranch Inc. (Check payable to D.C. Krautter and Jean M. Krautter). The balance ($71,000) of the selling price shall be paid to the Seller ("Krautter Family Trust") by certified funds and mailed by certified mail to D.C. Krautter, P.O. Box 3465, Alpine, Wyoming 8J128. In the event of longview Ranch Lot 19 being sold ($71,500) to J. Alvin Badeaux Jr.. in the year 2005, the Seller will refund $500.00 to the Buyer of Lot 20. 2. Price Allocation. No allocation is made. J. Buyers' Inspection. Buyer agrees that he has had the opportunity to make a full and complete inspection of the property, that he enters into this agreement to buy the property based solely on his inspection, and that he is buying the subject property and any and all existing fences and other improvements in their present condition "AS IS" and not based on any representation made to him by Seller. 4. Encumbrances. Seller Warrants and Guarantees that the subject property is free and dlear of liens or encumbrances except those stated below in Paragraph 5. RECEIVED 12/15/2005 at 10:58 AM RECEIVING # 914463 BOOK: 607 PAGE: 510 JEANNE WAC~r:r¡>, . J LINCOLN COUNTY CLERK, f',.E:lvl,vlERER, WY ¿;to ~/:);,'!¡;;> ' ,:,i:?~;¡¡f: 00511 ,1. ...~ :,-.';::2tztG 3 "~JJ-....J 5. The real property is sold subject to: Zoning or other land use regulations and ordnances; All utility easements of record or those appearing on the land which affect the subject property; Covenants, restrictions, patents, mineral, or other reservations and easements or rights of sight or record including without Limitation the covenants, conditions Bnd restrictions referred to in the description of the property above; Real estate taxes and assessments for the year 2006 and all succeeding years; Tile usual printed exceptions of a standard title insurance policy issued by any duly licensed title insurance company doing business in Iincoln County, Wyoming. 7. Title. Seller will give and Buyer will accept a marketable 6. Warranty Deed The deed conveying the subject property to Buyer shall be a warranty deed in standard form utilized in Lincoln County, \'J'yoming. title. Seller shall within JO days after closing, furnish to Buyer a personal and notarized guarantee from D.C. Krautter and Jean M. Kr~utter, in the amount of the purchase price, guaranteeing a marketable and insurable title subject only to those liens, encumbrances, or defects as are set out in paragraph 5" and whi ch are to be discharged or assumed by Buyer. It is agreed that if the title of the subject property is not marketable as set forth above, or cannot be made so within JO days after notice containing a written statement of defect is delivered to Seller by Buyer, all moneys paid to tIle S~ller will be promptly refunded to Buyer. 10. Acceptance of Deed. Acceptance of a deed by Buyer will be 8. Fixtures. All fixtures, personal property, and fences, if any, attached to or used in connection with said subject property are represented to be owned by Seller and are included in this sale, but are taken by Buyer liAS ISII. 9. Delivery of Deed. The deed shall be executed and delivered at closing. full performance by Seller of all terms, conditions, and agreements except any obligations of Seller to he performed subsequently which sball survive the closing and be continuing covenants runnil1g with the land, except as otherwise limited herein. 11. Possession. Buyer shall be entitled to possession of the subject property upon closing at I,ongview Ranch, Alpine, Wyolning. 12. Conditions of Sale. Buyer's ohligation to purchase the property pursuant to this agreement is subject to Seller complying with the following conditions: none except those otherwise stated herein. - 2 - ,.' ". <'b'''' ,1' <, ."'j "'1' "J' ,.. ~._JJ;'_~~_~6""l! ~ ('!ìr~ ~i I) '.' ,) \. Jl. N 13. Payment of the Expenses of this Transaction: SEdler, at its expense, will pay all Lincoln County property taxes for the year 2005 and all subsequent years. Seller wi 1] pay all closing expenses and recording fees for this sale, but each party shall pay his own legal expenses, if any. Ill. )0, 2005. \Vyoming. Closing. The date of closing shall be on or before October The closing agency shall be Longview Ranch, Inc., of Alpine, Fifteen (15) days before the closing date, Seller and Buyer shall have deposited with the closing agellcy all funds and instruments necessary for the Seller to complete this transaction. 15. Default: If Buyer defaults in the performance of this agreement, Seller shall have the option of accepting the earnest money as liquidated damages or pursuing any other lawful right or remedy to which Seller may be entitled. If Seller elects to accept the earnest money, Seller shall retain the earnest money and pay therefrom any expenses. If Seller elects to accept the earnest money as liquidated damages that will constitute the Seller's sole remedy for Buyer's default and is not to be considered a penalty or forfeiture. If Sell er seeks any other remedy, Seller shall pay all of its expenses and hold the earnest money pending the outcome of any legal action; If Seller defaults, Seller shall return the earnest money to the Buyer in full upon his demand, and Seller shall pay all expenses of the transaction. Buyer may pursue any other lawful right or remedy to which Buyer may he entitled; In the event of defalllt by either party in addition to any other remedies provided herein or by law, the non-defaulting party shall have the right of enforcing the remedy of specific performance against the defaulting party and in such action tile defaulting party shall not claim or maintain tJlat tbe offended party has a n ad e qua t ere m e d y a t 1 a w ¡ In the eve n t 0 l' 1 i t i gat ion b e b" e e 11 the parties concerning this agreement or subject matter, the prevailing party in that litigation shall be entitled to recover tlleir attorney's fees and costs in addition to any other relief received¡ Notwithstanding any termination of this agreement, Buyer and Seller agree that in the event of any controversy regarding the earnest money held by l.ongview Ranch, Inc. as closing agency ('Iholder"), unless mutual written instructions are received by the holder of the earnest money, the holder shall not be required to take allY action but may await any proceeding, or at bolder's option and sole discretion, may interplead all parties and deposit the earnest money into a court of competent jurisdiction and shall recover from the offending party or parties court costs and reasonable attorneys' Cees. 16. Risk of Loss. Prior to the closing oC this sale, all risk of loss shall remain with Seller. Should the subject property be materially damaged prior to closing, Buyer shall have the option and sole discretion of declaring this agreement null and void and to receive the earnest money hack in full. - 3 - :: ::~:~)j;;¡¡~¡~)'! ',i.',·, ¡<' c:'J}-:3 ~! 1';. , n.",' C. U ,J '-._-' ----' ..... .'ì ^ r r- " r.. : i i ~ ..... 1: ., '.' _1' 01. J 1 7. Entire Agreement find Binding Effect. A]] ogreements be t\\'een the parties are merged in this agreement. This ogreement may not be changed orally and is to apl)ly to and bind the heirs, personal representatives, executors, administrators, successors, and assigns of the respective parties. This agreement may be modified only by a subsequent written agreement execllted by all of the parties to this agreement. utilities and culinary water as follows: Seller shall provide a 18. Utilities and Roads. The parties stipulate and agree that the property has access to and is subject to the utility and road easements described on the plat. The property shall have access to the main subdivision road for ingress and egress, and to easements for graveled main road built to Lincoln County specifications for ingress and egress to and from the subject property; Seller shall provide underground power and telephone lines in the main road adjacent to the subject property; Seller shall provide underground culinary water pipeline in the main road adjacent to the s11bject property; The main road and culinary water system shall be maintained by I.ongview Ranch, a Wyoming corporation, of which Buyer as owner of the pro)lerty shall be a member. Buyer takes title to the property subject to tbe obligations to pay maintenance assessments to l.ongview Ranch according to the Amended Declaration of Covenants - Conditions - Restrictions referred to in the description of the property above. 19. Real Estate Commission. The parties stipulate and agree that there is no real estate broker involved in this transaction and consequently no commission to be paid. 20. Time of the Essence. Time is of the essence of this agreement. DATED this 27 day of September, 2005 WITNESS our hands this 17-+~ay of October, 2005: D. ('. K rOU-\--+r:"Î 71£/ s-+~<:> I Sell er D.C. Kra\ltter, Trustee, Seller tJ~,~~ ~¡¿ ~ Jean . Krautter, Trustee, Sel er _ l~ _ , ',. ,:', /:1 I'" ,£' ,4') V ,! "-:J ' ·_'.'''·'?Ö~.} ......1 .-....... ,_,~ lL ~ STATE OF \vYOMING (ì n, 5 1'1 .:) ,.~j 1. [1 SS. COUNTY OF LINCOLN On thi s E--t:..,/....day of Oc tober. 2005. before me personally appeared D.C. Krautter aka Don C. Krautter and Jean M. Krautter. to me personally known. who. being by me duly sworn and put upon their oath. did say tllat they are the trustees of the Krautter Family Trust dated August 26. 1996, described in and which executed the foregoing Real Estate Sales Agreement; that said instrument was signed and sealed on behalf of said trust; that said trustees had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said instrument to be the free act and deed of said trust. WITNESS my hand and official NÇ~1JIJL~~~ seal: "--~"---"-~~"".""""~~-"""'--£;:,'-'':';~-~'';;:::::::;' CL.ARA JElišEN , ""'" },'o:rAHY PUBLIC County of State of Lincoln Wyoming My Commission Expires March 25, 2007 ~--------~::::.:.:::::::;:-~..... \HTNESS our hands this ? day of October, 2005: STATE OF TEXAS SS. COUNTY OF HAnnIS The foregoing Real Estate Sales Agreement was acknowledged before me by Gene \0/. Elmon~." John 1/. Elmore and Justin L. Elmore of Houston, Texas. this ~ day of October. 2005. WITNESS my hand and official ~ Ny commission ð 1-2-i-¿Dd/ - 5 -