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HomeMy WebLinkAbout918263 ',' ...!.·.·l'!l.·.· ·,...· .', :!;·I~~·,T:'·.·I~,"'.'.:·r:¡~; :.::,::~~-!':.:.r.,<.;:I·,'.;.~. ' ,'{.:,.~.~-'---'.:..:- ..,.-.;. ......"',¡.o!......!...... '.'~:"...~,'!!*.:.:,"'~..-'<).'.,.., ..,.':···~L..:¡.,.'~ "','. ''-'..£.'::,.'"C·· -, ,. ;,::.f¡·.~<!.·:·;'i·'!_·"'''_:-;,;_.- ., .'.>:,,_::'."'-~...'~..,.. C0C648 STATE OF WYOMING AFFIDAVIT MADE PURSUANT TO W. S. 34-11-101 (Facts affecting title to real est1!8ÒRTESY RECORDING This document is being recorded solely as a courtesy and accommodation to the parties therein. Land Title Co. Hereby expressly disclaims any responsibility or liability for the accuracy content thereat. ss. COUNTY OF LINCOLN Ted C. Frome of Box 968, Afton, Wyoming 83110 upon his oath deposes and states as follows: 1. That on October 30, 1970 Samuel Young, Jr. and Ila Young, husband and wife, by contract for sale sold to William Paul Callahan III and Joseph Michaels Callahan: R.E. Survey 115, embracing a portion of the unsurveyed public domain, Wyoming. .\ A boundary description of R. E. Survey 115 is contained in the Contract for Sale, said contract is by this reference made a part of this affidavit and is attached hereto as Exhibit A. The description ofR. E. Survey 115 shown on page 1 contains at its end the following language:- - "excluding the property hereinafter described, which property shall be retained and reserved by the buyers",. 2. 'Paragraph 8 of the Contract for Sale provided for the Youngs to reserve and retain a tract of land of approximately five acres. Youngs were to have the 5 acres surveyed ,and then place a corrected warranty deed with the escrow agent showing the legal description of the five acres. Paragraph 8 further provides "Should Sellers (Youngs) desire to sell the tract of land reserved by them, they shall offer the same to Buyers (Callahan-Frome), and the Buyers shall have the right to meet any bona fide offer which Sellers have received, upon the same terms and conditions as Seller may offer the same to another party. Seller covenant and agree that they shall not conduct any commercial or bus mess operations on the property reserved". RECEIVED 5/12/2006 at 10:05 AM RECEIVING # 918263 BOOK: 619 PAGE: 648 1 JEANNE WAGNER ..., ...', t.,..,..." '. ~~~;'.:;'1-?!:':.:':.;.t :,:,::::::::::::_::::::::::"'.::.",::::_::::::"_'" LINCOLN COUNTY LE ' '" ""h ' ---.. C RK, KErliliii;~'i~~, WY -.---..----- .-- .__._-~.. .~-_._-- -.. ~::::~:::::;:::;::0t ~t:I:': :~~'~':·:' ~m~¡:1:¡r¡!¡¡~:!:f:; ""-. ;.t:':·'':.''',·,:.:'.1;1.r.t::~:r.war'!~>4t'-i~i.·!!i'.I''",..·,¡,·~~~.u-&Z..''''~·';'·:ï'!,1':-J ", .. .,', -··;':sI::':·,,~-.1'!''':;::·' '.'+' ~.~~.~.~.;.~", ..... . ,r .i._"'~,~':¡"].""~·~!d~;,tJ-~·3óU_'·~·:'~:"':,~;':i..;':;;'15·,~r.::.], _', ~';"~"'_J .~.'!i"l"~~l:':,~'H:.;".;·'''~~'' ',",' .',.~" "._:':.' :::;·",.¡·~'I~"'_:' C00649 091~8263 Paragraph 18 of the Contract for Sale provides "In the event that either the Sellers (Young) or the Buyers (Callahan- Frome) shall bring suit to enforce any of the conditions hereof, it is agreed that the defaulting party shall pay the Prevailing party in such action all the reasonable costs of said action, including a reasonable attorney's fee as may be set by the Court." 3. On May 18, 1977 the Callahans assigned the Contract of Sale to Ted C. Frome. The Youngs approved this assignment. A copy of the assignment is made a part of this affidavit by this reference and is attached hereto as Exhibit B. At this time Youngs had still not placed a corrected Warranty Deed with the escrow agent, giving a legal description of the five acres they were retaining. The legal description on Exhibit "B" does not reserve to Youngs the 5 acres that Exhibit "A" provides they could retain but assigns the full 159.76 acres to buyer (Frome). The failure to retain the 5 acres in Exhibit "B" was an oversight and the retention should have been included as Youngs intended to reserve their 5 acres at the time they approved Exhibit "B". 4. On April 20, 1992 Samuel Young, Jr. and Ila Young executed a new deed to H. E. Survey 115 giving the legal description of the land being transferred to Frome and the legal description of 5.67 acres being retained by Youngs and delivered it to the escrow agent. A copy of that deed with attached legal descriptions is made a part of this affidavit by this reference and is attached hereto as Exhibit C. The deed was recorded on January 11, 1993 in Book 322 P.R. at page 659 as document No. 759550. 5. The facts stated in this affidavit may affect title and the chain of title of lands located in Lincoln County, Wyoming, appearing by the record to be owned by the Samuel Albry Young and Ila T. Young, Trustees, or their successors in trust, under the Samuel Albry Young and Ila T. Young Joint Living Trust, dated October 10, 1990, with Samuel Albry Young, Ila T. Young, Judith Ann Toland, Susan Walker and Loretta Dory named as beneficiaries. DATED this 5th day of April, 2006. cYd~ c--ý~ Ted C. rome 2 ..C,_ ¡.-',-,; ': , '~ .j:';:,;,: O~ll82GJ ¡;¡mmm;Ij~~~~~î 00650 Subscribed and sworn to before me by Ted C. Frome this /s r-day of ~2006. Witness my hand and official seal. GERALD L. GOULDING· NOTARYPUBUC County 01 ~ State ,of Uncoln ~ Wyoming My_ Commisskm Expires May 2, 2007 My Commission Expires. þ~~~~ NOTARY PUBLIC. ?-J~~'7 3 ',( '1;:1;':'¡;'~':'~':':'j';' ";",,:...; .-', "'. .:.:.:.:.:-;.:o:o:.,'...~ .:-..,:::..... . . '. '"',',:. ~i Á .".......:... , .. ,',. O~~ :v..8;.?~fid <"' .-' ~ - '.'U·t-~~-'" , .). uvl CONTRACT FOR SALE THIS CONTRACT FOR SALE made and entered into this .J {);¡( day of October, 1970, by and between SAMUEL YOUNG, JR. and lLA YOUNG, husband and wife, hereinafter referred to as Sellers, and WILLIAM PAUL CALLAHAN, III and JOSEPH MICHAEL CALLAHAN, as tenants in common, hereinafter referred to as Buyers. WITNESSETH: That the Sellers hereby agree to sell to the Buyers and the Buyers hereby agree to purchase from Sellers, the following described real and personal property, situate in the County of Lincoln, State of Wyoming, to-wit: H. E. Survey No. 11S, embracing a portion of the unsurveyed Public Domain, Wyoming, more particularly bounded and described as follows: Beginning at Corner No.1 from which U.S. Location Monument No. 37 bears North (9°361 East) ninety-nine and seventy-seven-hundredths chains distant; thence South (18°431 East) twenty-nine and forty-seven-hundredths chains to Corner No. 2; thence North 72°10' East ten and eight-hundredths chains to Corner No.3; thence South 17°S0' East forty and seven- hundredths chains to Corner No.4; thence South 72°181 West fifteen and eighteen-hundredths chains to Corner No. S; thence North 18°8' West nine and ninety-eight-hundredths chains to Corner No.6; thence South 72°12' West five chains to Corner No.7; thence North 18°1' West five chains to Corner No.8; thence South 710S91 West nine and fifty-two-hundredths chains to Corner No.9; thence North 18°3S' West fifty-five chains to Corner No. 10; thence North 73°30' East nineteen and ninety-nine- hundredths chains to Corner No.1, the place of beginning, containing one hundred fifty-nine and seventy-six-hundredths acres, including the livestock and personal property located thereon, as more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference; ~cl~ding~De PJ;:QE~E,!Y~Jl~.!'_~~tI2"~~!_~E~.9~e,s c.r"~~~ <:1., w 11Ì~þpr()p e:E~Y "sh §\1,:L Þ ~,r!2ta ine d and reserved. by the)uyers: . ____.....-.-_..._.. . "-.~.:.,.¡ ~~""';"'''-'''''''''''1'".æ.:.~';'',,"'''';'¡;.''''''..(, together with and singular the tenements, hereditaments, appurtenances and improvements thereon or thereunto belonging, upon the following terms and conditions: ¡1:m~ili~ili~m "'¡"'j: i!. ~. 'I:' ....:(.;.;,;.;.;.;.;.... "1'.'_',"','.'.'-'.,,'; " . .. . "1.' \', ,':~..,' ' ,'-., ,1"""..... ~·."'IÇ~.:;··' .:' ~ ~.';"'!¡ ,""';r(S\:;)~~iJ .....l'J :.JI·_..f r.nrt~52 . ,j \..' V 1. PURCHASE PRICE. The purchase price of all of the property sold under this Contract for Sale is $250,000.00, which shall be allocate as follows: Real Property Improvements Personal Property $195,000.00 40,000.00 15,000.00 TOTAL PURCHASE PRICE $250,000.00 which Buyers promise and agree to pay to the Sellers as follows: (a) The sum of $25,000.00 upon the mutual execution of this Contract For Sale, receipt for which is hereby acknowledged by Sellers; and, (b) An additional sum of $25,000.00 at the date of closing, which shall be April 24, 1971; and, (c) The balance of $200,000.00 payable, together with interest thereon at the rate of seven per cent (7~ per annum on the unpaid principal balance in monthly payments of $1,797.68 each, the first such monthly payment to commence M~y 24, 1971, and a like Sum of $1,797.68 shall be paid on the 24th day of each and every month thereafter, until the said sum of $200,000.00, together with interest thereon at the rate of seven per cent (7~ per annum, has been paid in full. Payment shall be made to the Star Valley State Bank, Afton, Wyoming, or at such other place as Sellers may, from time to time, designate. Buyer shall have the option to reduce the monthly payment to $1,500.00 for any month during any calendar year, but the amount deferred shall be paid in full on or before December 24th of the year in which such payment is deferred. 2. POSSESSION AND CLOSING. The closing of this Agreement sha 1 be held at the office of Floyd R. King, Attorney at Law, Jackson, Wyomin , into possession of the property effective April 25, 1971, and to continu on the '24th day of April, 1971, and the Buyer shall be entitled to enter in possession unless and until default is made under the terms of this Contract For Sale. -2- ¡~~Æ~~~~mQ~; >-"',-.:¡-.-.:"¡-... ....... .' ': ,:o~.:>:(l..:o:.¡.;., , -'~. !, ,[?",""",Æ Ç') -.'G3 ". ~ \.~~ t ~~ .. .' ..~ ~.,~ "'JI~¡'" ·~..A '.:1 :)'t . rnf'r~3 " '.' \. U ~ 3. WARRANTY DEED AND ESCROW. Upon payment by Buyers of the principal sum of $250,000.00, together with all accrued interest, as herein provided, the property, both real and personal, shall be conveyed by Sellers to Buyers by a good and sufficient warranty deed; provided, however, that Sellers shall not be required to warrant title against any person, firm, or corporation claiming by or through Buyers. The parties do hereby appoint the Star Valley State Bank, Afton, Wyoming, as Escrow Agent, and shall deliver to the Escrow Agent an executed counter- part of this Contract For Sale. Upon execution hereof, Sellers shall contemporaneously execute the warranty deed and bill of sale, hereinafter referred to, and deposit the same in Escrow with the Escrow Agent, and hereby instruct the Escrow Agent to deliver the same to Buyers when Buyer have performed all of their obligations in accordance with this Contract. Said warranty deed shall be sufficient to vest fee simple title to the property in Buyers free and clear of all liens, defects and encumbrances except: (a) Real Estate taxes from the date of execution hereof; (b) Roads, highways and easements of sight or record; (c) Any lien, defect, claim or encumbrance caused by Buyers; (d) Reservations in the patents from the United States or State of Wyoming, water rights, ditch rights, claims or title to water, and subject to any mining claims and ownership or title to any mineral interests, and the effect on the surface of the exercise of mineral rights. Delivery of said warranty deed to the Escrow Agent shall not constitute delivery of title to Buyers, and such title shall vest in Buyers only at such time as all terms, covenants and agreements herein contained on BuyersT part to be paid or performed have been so paid or -3 - ; r;,. ':~~~:j'!;'~'¡~~~:b(¡\ ,'; ·i.:,.::.'t,7,'-f:¡<,:·,~7Si;'J.';¡.J;¡~fl,,-;.:~i!'::'~:_~·,:"'· ..~. '- . ", &;~.'~'~.';'~'... '~''''',' '~.' "..';;;..~,~~{,::" ..,~. :~,h.,-<~:J"~;·~~'::,",,,!,·:- ·_;t.:::::','~:-;"·'-"_- ,··"..'.'1',-:',/;' .' If)" ; ID"""ç'" '_P ,':j 1" \~~ '~ ~Ü ..j ("' t"¡ f"' ....,.. n , , . " t- ~ ~'ì :r '\,"', UVt.44: performed. Upon the execution hereof, Buyers shall contemporaneously execute a quitclaim deed to the above-described property, quitclaiming the same to Sellers, which quitclaim deed shall be deposited in Escrow with the Escrow Agent and the Escrow Agent is hereby instructed to deliver the same to Sellers should a default occur in this Contract and Sellers elect to terminate the same, as hereinafter provided. If said Contract is terminated, the warranty deed, quitclaim deed, and the abstract and bill of sale hereinafter mentioned, shall be returned to Sellers, and upon payment of all terms and conditions hereof, the warrant deed, quitclaim deed, bill of sale and abstract shall be delivered to fuyers. The fees and expenses of the Escrow Agent shall be shared by Sellers and Buyers. Within thirty (30) days after the mutual execution of this Agreement and the payment of $25,000.00 as contemplated above, Sellers shall, at Sellers! expense, deliver to Buyers an abstract of title compiled by a bonded abstracter, reflecting merchantable fee simple title to be vested in Sellers, subject to this Contract and to: (1) The items listed in sub-paragraphs (a) through (d), both inclusive of this paragraph above, and, (2) The outstanding mortgage to the Federal Land Bank, as hereinafter referred to, and, (3) The lease agreement between Sellers and Kay Erickson, as hereinafter referred to. Buyers shall have thirty (30) days after receipt of same for examination, and exceptions to title, if any, shall immediately be delivered to the Sellers! attorney, Floyd R. King, P.O. Box 40, Jackson, Wyoming, in writing; and Sellers shall at their own expense clear all reasonable title requirements within 120 days of receipt of said title -4- ;!ill~mm~it{. i~*m~;~{] [j:T;;f';:;~ ..' '.:.; ¡.,;.:-.. ;1', ~:. ". ',.,'~'.'.'.'.:,'.\ '-'..,-,-,' (fr'n '<~ ~.)¡f¡:·' "/""!'~t._ (.. Ch~~ (", ^ r I~~ ~# P' ~-'Jl..·Ú00 opinion listing said exceptions, but in case said title can not be perfected within that time then this Contract shall be null and void and the cash received hereon shall be refunded to Buyers. 4. TAXES. Buyers agree to pay all property taxes and assessments on the property for 1971 and subsequent years. 5. PERSONAL PROPERTY. Sellers shall, upon transfer of possession, execute a bill of sale to all personal property listed on Exhibit "A", free from all liens, defects and encumbrances, except for the mortgage to the Federal Land Bank as hereinafter referred to, which bill of sale shall be delivered to the Escrow Agent as herein above provided. During the term of this Contract Buyers may sell or replace the items listed on the bill of sale provided that such items are promptl replaced by like items of similar value and suitability for use on the property. 6. OUTSTANDING MORTGAGE. It is understood by and between the parties that the mortgage to the Federal Land Bank, referred to above, is outstanding and constitutes a lien against the premises. Sellers covenant and agree to satisfy said mortgage in accordance with its terms, or pay said mortgage in full, but if said mortgage is not satisfied and released, the Escrow Agent shall pay the principal and interest due on said mortgage, as the same may become due and payable, from the amount received from the Buyers in payment of the purchase price hereunder, to keep said mortgage current at all times. Said mortgage shall be completely released prior to the Warranty Deed being delivered to Buyers. 7. OUTSTANDING LEASE. It is understood by the parties that the Sellers have leased the property to Kay Erickson, which lease shall terminate April 24, 1971. Sellers shall be entitled to retain all lease -5- ',';<"'>J '.'.:.' : ....-:~':.,': '--,:-:.i::," .:.:~:..-~..'):::: :'.';o.'~"'..~,'-,'.. . ¡~()¡;1 ~;I""" j,", '{ " ; (._~, .,...J J~;.J '....J 4C-j 'U ",.",!! (' r¡ ("I p, ~ r- ," .J t: u Û 0 rentals received by them as a result of the agreement. Should the lease be terminated, either by lessee's default or by mutual consent of lessor and lessee, the Buyers shall be entitled to possession of the property provided they shall elect to close the sale earlier, and pay the additional $25,000.00 as provided for in paragraph l(b), above. 8. RESERVATION OF PROPERTY. The Sellers shall reserve and retain a tract of land containing approximately five (5) acres, which tract of land shall be located along the westerly line of the said property, the exact description to be obtained by survey, but to be .-----~~,_._-'--_..;_..._."..-.--..-..-.."..,..,-- .. .._~...'..~. -," ..~.'" ...--~'.- .._, ..-...........~.....,.--. .....- ... ..;-.. . located on the corner presently marked by the survey marker designated as . ~_..:,._'-' "-<".;,,...~;.-.. "'. ',. follows: ---'.~ u.S. Department of Interior, B.L.M. Cadastral Survey, 1962, H.E.S. 115, Corner No.9. The Sellers shall obtain an accurate description of the property to be retained by them, and upon obtaining such survey, shall cause a warranty deed, reflecting the correct description of the property to be retained, to be placed in Escrow with the Escrow Agent, in substitution for the warranty deed prepared on the execution of this agreement. Sellers shåll have the right to use water from the property sold for irrigation and domestic use, and shall reserve access to and from the property over and across the property sold. Should Sellers desire to sell the tract of land reserved by them, they shall offer the same to Buyers, and Buyers shall have the right to meet any bonafide offer which Sellers have received, upon the same terms and conditions as Sellers may offer the same to another party. Sellers covenant and agree that they shall not conduct any commercial or business operations on the property reserved. 9. PREPAYMENT. Buyers shall have the right at any time after -6- ¡~@iI¡!¡i~¡~~Iillf~ !~iliffi::::::¡:::;¡f ¡: ;;jo.¡Jlî.ü;tJiilltiij;·j ~'., j)~0:..¿i :~: ,J;.,':!..:; :.G..:.<.i:.i."j",:'::.:.:,:;i~:~",- . --....- .' .,. .;" '...,:, .~i' !; -~t!;:'~U:Iiru¡m;¡!ò:.!¡:;: -'}'ii·. '"·:·:-'·i..::'1;:t~cl!:.!'.','::..õit.::~::!;.;:..:~¡:,~'~· :.,.,...._:'-. . ,';'. . ...",: ,",:.¡.:, ~':.r;"" . tf"9'';'¡ -'".''''''' \ r I-.l . ," 'L 'if' ~.. ~,,~:J "S \..1¡ '\ ..~ (" n ,.., I~ ::' ~'7' '".; t'ÚJ January 1, ~1jf. (J.JY 197 '8,). ~~. ma::! j¿e~men ts with 0 ut pena lty 0 r premium of any kind. All partial prepayments shall be credited first to accrued in teres ~ and the balance to principal instâllments in the inverse rder of when du . 10. CURRENT EXPENSES. Upon possession being given to Buyers the parties hereto shall pro-rate current taxes on personal property, all utility bills and other items normally pro-rated. 11. INSPECTION. The Buyers have inspected the premises and property they are to receive and agree to take the same Tlas isTl in their present physical condition and Sellers have made no representations or warranties other than set forth herein with reference to physical con- dition and no agreements or representations pertaining thereto, or to this transaction, have been made, save such as are stated herein. 12. OUTFITTERS LICENSE. Sellers agree to transfer the Outfitt rs License issued to them by the Wyoming Game and Fish Commission, to Seller , at such time as Sellers may request the same, but not prior to April 25, 1971. It is understood and agreed that the transfer of the Outfitters License is subject to the rules and regulations of the State of Wyoming, but Sellers shall cooperate with Buyers and assist them in obtaining such license to the best of their ability. 13. INSURANCE. Until the entire purchase price shall have bee paid by Buyers, Buyers agree to keep the real estate and personal property described above and in Exhibit TlATI hereto, insured in an amount not less than $50,000.00, which insurance shall be carried by an insuranc company or companies reasonably acceptable to Sellers and shall contain appropriate loss payable provisions protecting Sellers as Sellers! interest may appear from time to time. Originals of such insurance policy or policies shall be delivered to Sellers. If Buyers fail to keep -7 - .':~:' ·i~i~~;i~jISj'. ~;:. :;.:,.¡. Ò' _' ;¡ '-( '~":" '-;'!'.:' .:\..:': ;:-,'\: "'-':-=':"'- :c:;: ,.',-. -, :¡;':':.:Ij';';¡'¡'.'· ;'i·'.:.i"::--,;t5·.-~::<'':1!'30~:~'_~· r' ... ,·,{"\¡::>t#n '. 1;..),,) ð ,r-ì\ ..'~ ,"~ -, -1., b- '. '<',» ¡¡ !'. ""~ ~ ",. ¡¡;,', ". .. -....f ~._Ji ,.1-,~.. ~3· ~ 't.....1f and maintain such insurance, Sellers at their election may secure the necessary insurance and the costs therefore shall be added to the purchas price. In the event of loss or damage to said property, the proceeds of said insurance policy or policies may be used to repair or rebuild the damaged or destroyed property. Said policies shall not be oancelled unti ten (10) days written notice thereof shall have been given to Sellers. 14. EXTENSION OF PAYMENTS. It is understood between the parties that the parties intend that the monthly payments shall be completed within fifteen (15) years after the commencement of the same, but the parties hereto may, by mutual agreement, extend said payments for a period of time mutually agreeable. 15. TERMINATION. If Buyers fail to pay any principal or interest installment in the amount and at the time herein provided, or fail to pay the property taxes as herein provided, or fail to keep and maintain insurance as herein provided, or are adjudicated bankrupt or make an assignment for the benefit of creditors, or violate any of the terms or conditions in this agreement contained, Sellers shall have the right at any time thereafter to notify Buyers in writing of the nature and extent of the default and if such default is not corrected within thirty (30) days of the sending of such notice, Sellers shall have the right at any time thereafter, to terminate this agreement by recording a statement of termination in the public records of Lincoln County, Wyomin , and Buyers' rights hereunder shall terminate and all payments made by Buyers hereunder shall be retained by Sellers as liquidated damages and rental for the use of the property, and the Sellers shall have the right to enter and take possession of the property or any part thereof, and Buyers shall peacefully surrender possession of the property to Sellers. j~~~tm~ 8 - ;;~:~i:?:~;Hi :~k:I:·ftN-r'Nù: !'j i.: ' . ~ ' - . , . ... ;'.; °1' ~ '..'." . , ....,...........~~.',' ::.'1.- ':-~-':';i;~.:....':.:.: . ;. "... .'.'...:.;..... J.,.,,~"\j ~";'r'.,¡ \:i.., .,3 ~~., ,..J «0,4 ¡~.,. rl') (' ....~:' 9 ;, ,j \.' (j \..) . Upon delivery to the Escrow Agent of a statement of termination the Escro Agent shall terminate the Escrow and return all instruments contained therein to Sellers. 16. TIME OF ESSENCE. Time is of the essence of this Contract For Sale. 17. WAIVER OF BREACH. A waiver by the Sellers of any breach of any of the provisions of this agreement required to be performed by the Buyers shall not bar the rights of the Sellers to avail themselves of any subsequent breach of any such provisions nor abrogate the time of the essence clause of this Contract For Sale. 18. ATTORNEY'S FEES. In the event that either the Sellers or the Buyers shall bring suit to enforce any of the terms or conditions hereof, it is agreed that the defaulting party shall pay the prevailing party in such action all the reasonable costs of said action, including a reasonable attorney's fee as may be set by the Court. '. ;1.9 . ASSIGNMENT. The Buyers shall not sell, assign, or convey Buyer's rights hereunder or to the property without the prior written consent of Sellers, which consent shall not be unreasonably withheld. 20. AGREEMENTS. It is agreed by the parties hereto that all stipulations and agreements herein contained shall extend to and bind th heirs, executors, administrators and assigns of the respective parties. 21. NOTICE. Any notice required or needed to be given under this Contract For Sale shall be sent by certified mail to the other party addresses as follows: To Sellers: P.O. Box 391, Afton, Wyoming To Buyers: P.O. Box 1172, Jackson, Wyoming Upon notice to the other party the addresses may be changed at any -9- :.;.:.:.;,'J',:,.", ,...'..:'..,................ .p'Q";¡¡ .- ~'.ß .......t. .~..;~-.. t' n r 1:' G n ,-, \, U íJ time. 22. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties and may not be changed or modified except by an agreement in writing signed by the parties. IN WITNESS WHEREOF, this Contract For Sale was executed the day and year first above written. Ila Young / / / lI¡l)fL: ~ ûœQ-=~ William Paul Callahan, III -10- ¡!m~~ti' 1 White gas (2-burner) stove 2 Rubber Boats - oars & life jackets Gas Pump - 1000 cap. 2 8' Camp tables Crawler - 420 Wheel Trç¡ctor 7 Horses 1 l-Tort GMC Truck Lawn Mower - Gas operated Light Plants Gas Refrigerator Spike Tooth Harrow Bridles - Halters - Blankets 1 Twin Tub Dexter Washing Machine and Rinse Tubs 1 Typewriter ************************************************************************ rmr:mmm1] ,. . ,',' ¡~i!.."η~ ~i!i·_,· . . ··'¡';';';';I''''.O:O' !!).;~11 \J"~':;¡f' 'I'A .Ÿ It,s '0 '\j EXHIBIT A FRONT ROOM 1 Large Pine Table & 2 Couches - matching 1 Coffee Table 1 Step table 1 Footstool 1 Small table 12 matching chairs chairs 1 1 2 2 KITCHEN & BEDROOM Table and chairs Dishes Pots and Pans CABINS 10 Double beds 10 Single beds Stands T a bi e s MISCELLANEOUS 200' 1 2 2 1 ro...... '""'::'61 '..' <} t.. Ú Pine Book Cupboard Sideboard Wall Stands Book Stands Clothes Horses 1 Oak Table Bed - mattress, etc. Sheets Pillow Slips Blankets Chairs 10 5 6 9 6 6 1 Rubber hose Cabin saw Mower - John Deer - Hay Cement Mixer Riding saddles Riding saddles Pack Saddles Rifle Scabbards Camp Stoves Tents Gas Stove, 1 large grill w/large oven Soil Drag Leveler Gas Heater Coal Heater 1 1 1 Seller shall retain all other personal items retained on the premises not specifically named above and shall specifically retain the following: 1 Cultivator 5 Gal. of Penta 1 1 Tent Stove 1 Sewing Machine 1 1 Tea Kettle & Beaver 1 Ashstand 1 1 Deer Foot Lamp 2 Packboards 1 2 Small Butane Tanks 3 Roof Jacks 1 1 Old Chest of Drawers 2 Old Saddles 1 2 Old-fashioned Washstands 1 6 Wool Blankets Silverware 1 All traps of any kind 1 Old Grindstone 2 Pre Chaps 1 Butane Gas Stove Furniture Clamps 1 (Portable) 1 Writing Desk Assortment of 6 Chairs 2 Fireplace Kettle Oxyoke and chain Mounted Deerhead Set ea. of deer & moose Square Footstool Complete set of Harness Saddle Scabbord, hand mad Set Saddle Bags, hand mad Stainless Sugar, Creamer and Butter Dishes Old-fashioned Dresser wit mirror Rocking Chairs ç- , ... (} '18;:~ba f.'1f'C'62 .. \1..'\ U ADDENDUM This is an Addendum to the "CONTRACT FOR SALE" relating to the sale of real and personal property located in Lincoln County, Wyoming, known as the Box Y Ranch, executed by Samuel Young Jr. and Ila Young, husband and wife, as Sellers, and William Paul Callahan, III and Joseph Michael Callahan, tenants in common, as Buyers. Should Sellers elect to terminate said "CONTRACT FOR SALE" pursuant to paragraph 15 thereof, Buyers shall be entitled to remove all buildings, equipment and improvements which Buyers have placed on the premises, so long as such removal does not damage the premises. However, Buyers may not remove any buildings, equipment or improvements which replaced any buildings, equipment or improvements now on the premises. Sellers agree to perform all acts necessary to transfer the brand known as the "Box Lazy Y" to Buyers, and/or insure that said brand remains as the brand of the premises sold pursuant to the "CONTRACT FOR SALE" and this Addendum thereto. William Paul Callahan, III (l /~tllJ/µ J~~háel Callahan :~i~m~~;~;Æt ~~~~;m~~:~~~~ -}'!¡!.i!IS~~¡!c:!:~' ___::!.'(__::i '.:. I·:.~· - _ -~·;!: ~.·¡·_i: '._~;¡~',~..:::;. . ,';11';';';0:'';';',','. ,:' i·T~·!-,¿;_·!io",t.:'~- :!.'.',:!.:;,~~~i:!.': .:~;:'!L'::'::,·· !.' ,I "{.j',' 'fJ' . I.. '. _¡ '. '. ..... ..... .. . rO ~'¿'rL Þr.i)..~ O'¿ l G- I M-.4-L-- , ~. Ý~~Q -.» c'?-77 r ~ 918263 COC663 ASSIGNMENT OF CONTRACT FOR SALE This Assignment made this ~~/; day of May, 1977, by WILLIAM PAUL CALLAHAN, III, hereinafter referred to as the "assignor", to TED C. F~OHE, hereinafter referred to as the "assignee". In consideration of the covenants and agreements herein contained, the assignor hereby assigns to the assignee, and to the assignee's legal representatives and assigns, ,all of the assignor's right, title and interest under that certain Contract for Sale, dated October 30, 1970, entered into between SAMUEL YOUNG, JR., and ILA YOUNG, husband and wife, referred to in said contract cflS "sellers", and WILLIAM PAUL CALLAHAN, III and JOSEPH MICHAEL CALLAHAN, as tenants in common, referred to in said contract as "buyers", and which said Contract for Sale conferred upon WILLIAM PAUL CALLAHAN III and JOSEPH MICHAEL CALLAHAN the right to purchase the premises hereinafter described for the purchase price and upon the terms and conditions set forth in said agreement. The property sold under the Contract for Sale is more particularly described as follows: H. E. Survey No. 115, embracing a portion of the unsurveyed Public Domain, Wyoming, more particul- arly bounded and described as follows: Beginning at Corner No.1 from which U.S. Location Monument No. 37 bears North (9°36' East) ninety-nine and seventy-seven-hundredths chains distant; thence South (18° 43' East) twenty-nine and forty-seven- hundredths chains to Corner No.2; thence North 72°10' East ten and eight-hundredths chains to Corner No.3; thence South 17°50' East forty and seven-hundredths chains to Corner No.4; thence South 72°18' West fifteen and eighteen-hundredths chains to Corner No.5; thence North 18°8' West nine and nineDy-eight-hundredths chains to Corner No.6; thence South 72°12' West five chains to Corner No.7; thence North 18°1' West five chains to Corner No.8; thence South 71°59' West nine and .,.. 6/1/'6/1 ,1 if " -..' --._---~---- ------- --p-- -- -., .~--~------ - ---- ~:,,~.:....;I)I;.'f¡'¡I;':'.':' ',',1:..'''-,,', '. '.·"I'i:~ :'¡~":':';':, :¡', :"':":i..:I'.':::" ~,":':',' - " . . -'-'--'--'-" .. ;.-.:1;.:<0;';.;,..;.;.... i"·.·.·".·d...~.'...:¿.:-' _'--,..: .,','....f'C.._...... 1J91.~. .63 COC664 ,; fifty-two-hundredths chains to Corner No.9; thence North 18°351 West fifty-five chains to Corner No. 10; thence North 73°30' East ninteen and ninety-nine-hundredths chains to Corner No.1, the place of beginning, containing one hundred fifty-nine and seventy-six-hundredths acres. The assignee does covenant and agree to abide by the terms, covenants and conditions contained in said agreement, to pay the purchase price and all assessments; taxes, in- surance and other obligations against said property, and agrees, to hold the assignor harmless by reason of nonpayment or nonperformance of the same, and to indemnify him for any loss by reason of assignee's failure to so perform. JOSEPH MICHAEL CALLAHAN, one of the buyers named in the Contract for Sale has previously quitclaimed all o£ his right, title and interest in and to the property to the assignor. IN WITNESS WHEREOF, the assignor and the assignee have executed this agreement. t ¡ /1 ().. /) IÎ /Î /) () . ____" t1/.J2K--1 r~ ~..JJJ William Paul Callahan, III Assignor cX:ç?c;~ ~~~~ Ted C. Frome, Asslgnee ... ACKNOWLEDGMENTS STATE OF WYOMING ss. County of Teton The foregoing instrument was acknowledged before me by WILLIAM PAUL CALLAHAN, III, this /f~~day of May, 1977. , Margarot R. hap or NOTARY PUBLIC ".~~,p: COUNTY ~(,fJ~;~<~'.è' STATE OF ,q¡',,~n~ OF ·'1'," .,; TETON ~i"'¿;b WYOMING ~~rom~$~~~~b~~£W~ and official seal. ~m,<"r./2 J!!!.4.¿ NO' ar.j¡ Publlqf '/' . I I ;~iliillil[l!.::I~ -2- ¡Im;¡]mim¡;¡~J . ;;; :;~~',;¡~¡!;~~!¿ '<.' ;,;' . ~ ¡:ú: ,-" ···.;;':'.'::::'.;;.L':; ':...:.···i....:-'L-··. . ..,:..,.......~............... .' ,^'~l~7"J;: .:::..'.:t".~·;;.,';~;y~,_t: . '~!~::Ú::.J..:·~ . ~.~ . o 1)3263 r () (' 665 STATE OF WYOMING " ss. County of Lincoln The foregoi~g instrument was acknowledged before me by TED C FROM th' ¡d-J/; 1 f ' . E 1S /,'í'- (cay 0' May, 1977. ----·--W.ì..r:PNBS.~; ...JX1.y-b..a.rl '. MlI,.çllrot It Shepliorcl NOTARY PUBLIC COUNTYj{{=¡\·.h STATE OF i~tíf~S'~5 OF TETON ~~Î~ WYOMING Comminon expi,e. Oelob., 15, 1979 and official seal. ,:/:{/ / ,) ',~' .' _. '. ' .-r- / .. .~~y;: / f"'~'-' .'t r ' f ....:1.1 Nòr'ary/ Public ( (-ì J ¿j,1;<1 .¡:' :::~;"~'6'~ My commission expires: APPROVAL OF ASSIGNMENT SAMUEL YOUNG, JR., and ILA YOUNG, husband and wife¡the sellers referred to in the çontract for Sale hereinabove described, do hereby conseht to assignor's assignment of his rights under the Contract for Sale, dated October 30t 1970, to the assignee, TED C. FROME, provided, however, that such assignment shall not relieve or release the assignee, WILLIAM PAUL CALLAHAN, III, from hi~ STATE OF WYOMING ss. County of Lincoln The foregoing instrument was acknowledged before me by SAMUEL YOUNG, JR. AND ILA YOUNG thi s \ q ttl. day -3- WITNESS my hand and official seal. 09182:63 WARRANTY DEED (0('666 Samuel Young, Jr. , and Ila Young, husband and wif e grantor of Afton I County of Lincoln I State of W}'ullling, heretJ)' CONVEY and WARRANT to Ted C. Frome and Betty B. Frome, husband and wif e by the entireties grantee of Af ton, Wyoming for the sum of Ten Dollars and other valuable considerations the fullowing described tract of land in Lincoln County, State oC WYl) IIIIS, hereby releasing and waiving all rights und£:r and by virtue of the homestead oxumptlon laws of the State, to -wit: See attached legal description Signed in the presence of I~ WITNESS, the hand of said grantor . this !.I a y of A.D. I~ Ila Young p~- ~¿,,¿,~r (j . l/ v ST A TE OF WYOMING ] County of LINCOLN J 55. On the .;:).O~"- day of A~ A.D. 19'1".l... personally appeared before roe Entry No, RECORDING DATA ¡:~e $ .sa- TR v..e \ V 0 u.. n \ :s 'c . :¡: I 0... ~o u... \\ ~ RECORDED 0 PLATTED 0 COMPARED 0 INDEXED 0 0 ABSTRACTED 0 DELiVERED 0 ~.- CY9I'& that CouIt)'oaI Slale at , a.øan \Yyomk1g My CommIaston Expires July 9. 19<\? instrument. who duly he, execuII.:d the same. ß~ ~ry Public Commission expires: 1")- 't - q 5" Residing in ~ Th ' n. d 11 t "",...,;.1:;':;."" e @ ::;:~~~;:;¡~::¡;i;::lPQny '~1:!lOY..M~&!...'..I';" EklJ/6/-I ", 091.8263 (':]('667 LEGAL DESCRIPTION FOR WARRANTY DEED SAMUEL YOUNG, JR. AND ILA YOUNG - GRANTORS TED C. FROME AND BETTY B. FROME - GRANTEES H. E. Survey No. 115, embracing a portion of the unsurveyed Public Domain, Wyoming, more particularly bounded and described as follows: Beginning at Corner No. 1 from which U. S. Location Monument No. 37 bears North (9°36' East) ninety-nine and seventy-seven-hundredths chains distant; thence South (18°43' East) twenty-nine and forty-seven-hundredths chains to Corner No.2; thence North 72°10' East ten and eight-hundredths chains to Corner No.3; thence South 17°50' East forty and seven-hundredths chains to Corner No.4; thence South 72°18' West fifteen and eighteen-hundredths chains to Corner No.5; thence North 18°8' West nine and ninety-eight-hundredths chains to Corner No.6; thence South 72°12' West five chains to Corner No.7; thence North 18°1' West five chains to Corner No.8; thence South 71°59' West nine and fifty-two-hundredths chains to Corner No.9; thence North 18°35' West fifty-five chains to Corner No. 10; thence North 73°30' East nineteen and ninety-nine hundredths chains to Corner No.1, the place of beginning, containing one hundred fifty-nine and seventy-six-hundredths acres, excepting and reserving unto the grantors as husband and wife, by the entireties: That part of Homestead Entry Survey No. 115, T34N, Rl16W, Lincoln County, Wyoming described as follows: Beginning at Corner No. 9 of the said HES 115 where found a 2" galvanized steel pipe with brass cap inscribed "HES 115 9 1962";thence N71°-59'E, the base bearing for this survey, 588.0 feet along the south line of the said HES 115 to a point; thence N39°-07'W, 535.9 feet to a point; thence S71°-59'W, 400.0 feet parallel to said south line to a point on the west line of said HES 115; thence S18°-35'E, 500.0 feet along the said west line to the corner of beginning; each point being marked by a 2" galvanized steel pipe 30" long with brass cap inscribed "PAUL N. SCHERBEL RLS164 BIG PINEY WYOMING 1971" and appropriate details; encompassing an area of 5.670 acres, more or less; all in accordance with the map prepared and filed in the Office of the Clerk of Lincoln County; together with and singular the tenements, hereditaments, appurtenances and improvements thereon or thereunto belonging, subject to all easements and encumbrances of sight or record.