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HomeMy WebLinkAbout916467 lÎ C00786 REAL ESTATE SALES AGREEMENT Seller, D.C. Krautter aka Don C. Krau~ter and Jean M. Krautter, Trustees of the Krautter Family Trust dated August 26, 1996, of P.O. Box 3465, Alpine, Wyoming 83128, ("Seller" herein), agrees to sell, and J. Alvin Badeaux and Judith M. Badeaux,husband and wife, of Thibodaux, Louisiana ("Buyer" herein) whose mailing address is: Post Office Box 1056, Thibodaux, Louisiana 70301, agree to buy, for an undivided one half interest each as tenants in common, the following described real estate located in the W¥.! NW~, of Section 15, Township 36 North, Range 119 West, Lincoln County, State of Wyoming, and described as follows: Lot Nineteen (19) of the Longview Ranch Subdivision according to the official plat thereof, Plat 36l-A, on file in the office of the Lincoln County Clerk, Kemmerer, Wyoming. -) {j j 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 the Lincoln County Clerk on March 11, 2005, in Book 580 PR, page 550, Instrument No. 906998, the provisions of which are iricorporated herein by this reference. (1) Price and Terms of Payment. The total selling price is $71,500 (no earnest money is required by the seller). When the buyer has received a title commitment to LongviewRanch Lot 19, the buyer will execute (notarize) this Real Estate Sales Agreement, the Real Estate Contract and mail them to the seller with a check in the amount of the selling price. When Lot 19 has been paid in full, the seller will promptly execute the returned Real Estate Sales Agreement, the returned Real Estate Contract, prepare the buyers Warranty Deed and send the three sales instruments to the Lincoln County Clerk to be recorded. (2) Buyers' Inspection. Buyer agrees that he, or his agent, has had the opportunity to make a full and complete inspection of the property, that he enters into this agreement to buy Lot 19 based solely on his inspection, and ~hat he is buying the subject property and any improvements in their present condition "AS IS" and not based on any representation made to him by the Seller or the buyer's agent. (3) Encumbrances. Seller Warrants and Guarantees that the subject property is free and clear of liens or encumbrances except those stated below in Paragraph 4. - 1 - RECEIVED 3/7/2006 at 11 :05 AM RECEIVING # 916467 BOOK: 613 PAGE: 786 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ---. -----.-. -..-.-. ~--"- ~j~;tf}m!!~~Im~~~ f~~f:~ï:j~~:: ~:~:;:~~~:r~:~!:~;: 091.6467 00787 4. 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 and restrictions referred to in the description of the property above¡ Real estate taxes and assessments for the year 2006 and all succeeding years¡ The usual printed exceptions of a standard title insurance policy issued by any duly licensed title insurance company doing business in Lincoln County, Wyoming. 5. Warranty Deed. The deed conveying the subject property to Buyer shall be a warranty deed in standard form utilized in Lincoln County, Wyoming. 6. Title. Seller will give and Buyer will accept a marketable title subject only to those liens, encumbrances, or defects as are set out in paragraph 4 herein and which assumed by Buyer. It is agreed that if property is not marketable as set forth within JO days after notice containing a written statement of defect is delivered to Seller by Buyer, all moneys paid to the Seller will be promptly refunded to Buyer. are to be discharged or the title of the subject above, or cannot be made so 7. 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 IS". B. Delivery of Deed. The deed of the Buyer shall be executed by the Seller and delivered to the Buyer when subject property is paid in full. 9. Acceptance of Deed. Acceptance of a deed by Buyer will be full performance by Seller of all terms, conditions, and agreements except any obligations of Seller to be performed subsequently which shall survive the closing and be continuing covenants running with the land, except as otherwise limited herein. 10. Possession. Buyer shall be entitled to possession of the subject property upon closing at Longview Ranch, Alpine, Wyoming. 11. Conditions of Sale. Buyer's obligation to purchase the property pursuant to this agreement is subject to Seller complying with the following conditions: none except those otherwise stated herein. - 2 - 0916467 00788 12. Payment of the Expenses of this Transaction: Buyer, at its expense, will pay all Lincoln County property taxes for the year 2006 and all subsequent years. Seller will pay all closing expenses and recording fees for this sale, but each party shall pay his own legal expenses, if any. I). Closing. The date of closing shall be on or before May )0, 2006. The closing agency shall be Longview Ranch, Inc., of Alpine, Wyoming. Fifteen (15) days before the closing date, Seller and Buyer shall have deposited with the closing agency all funds and instruments necessary for the Seller to complete this transaction. 14. Default: The Buyer has the option to null and void the sale of Longview Ranch Lot 19 for any reason and at any time before the closing date mentioned herein. In the event of litigation between the parties concerning this agreement or subject matter, the prevailing party in that litigation shall be entitled to recover their attorney's fees. 15. Risk of Loss. Prior to the closing of this sale, all risk of loss shall remain with Seller. Should the subject própertybe materially damaged prior to closing, Buyer shall have the option and sole discretion of declaring this agreeme~t null and void and to receive the earnest money back in full. 16. Entire Agreement and Binding Effect. All agreements between the parties are merged in this agreement and is to apply to and bind the heirs, personal representatives, executors, administrators, successors, and assigns of the respective parties. 17. Utilities and Roads. The parties stipulate and agree that the subject property has access to and is subject to the utility and road easements described on Longview Ranch Plat )61-A. The property shall have access to the main subdivision roads for ingress and egress, and to easements for utilities and culinary water as follows: Seller shall provide a 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 subject property; The main road and culinary water system shall be maintained by Longview Ranch, a Wyoming corporation, of which Buyer as owner of the property shall be a member. Buyer takes title to the property subject to the obligations to pay maintenance asqessments to Longview Ranch according to the Amended Declaration of Covenants-Conditions- Restrictions referred to in the description of the property above. 18. Time is of the essence of this agreement. , 2004': WITNESS our hands this ~ - ) - . . ¡t;:; \;:;:¡:::: ~;;:; ;:,~~ ;,:~ () (.ì 11:':';:>:::':"::'.::'.;';~ J .....'¥it..·VJI' j:::;T:::r:¡~:~::~1: '~:': ':~~:~:~:!:!~:!:? STATE OF WYOMING C00789 SS. COUNTY OF LINCOLN ./-}A ~ On this 0 - day of. ar" , D.C. Krautter aka Don C. autter 200tf, before me personally appeared and Jean M. Krautter, to me personally known, who, being by me duly sworn and put upon their oath, did say that 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 to be the free act and deed of said trust. WITNESS my hand and official ~~ 0-b&/A ./ NOTARY PUBLIC --...... seal: SHARON WALKER. NOTARY PUBLIC COUNTY OF . STATE OF LlNCOl.N WYOMING MY CO~'.1,··I'·<.S¡ON EXPIRES JUNE 14, 2008 '--,. ,..... -- -- --- -- - - - -- - - ----- -----..- STATE OF LOUISIANA PARISH OF LAFOURCHE Before me, the undersigned Notary Public, duly commissioned and qualified within and for the State and Parish aforesaid, personally came and appeared, J. ALVIN BADEAUX and JUDITH M. BADEAUX, of lawful age, who acknowledged to me, Notary, 'in the presence of the undersigned competent witnesses, that they executed the above foregoing instrument in the presence of the foregoing witnesses as their own free voluntary act and deed, for the uses, purposes and considerations therein expressed. In Witness Whereof, said appearers have executed these presents together with me, Notary, and the undersigned competent witnesses, at my office in the Parish of 11/~ day of 1ehrttl{1 . 2oob. Lafourche, State of Louisiana, on this WITN~Sg&4 ~ rJk ~.ee ~oSe~ BUYERS: ~~ . 'VIN ADEAUX ~è¡, Øl /l-e-Ln~~/2 JU . M. ]jADEAU a - 4: - NOTAR Richard J. Bouteri~, Jr. La BRoIl #3333