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HomeMy WebLinkAbout919567 ·~..'II:'~&;~I.r·¡O'·"·'·",'·i'.' .......:,...;.,';..., ";"1 ~..,. ,·ill'''·¡·. .,....,:"~,. "';,.;,........'. .:' . ........,,;.,.~"""'".'"',.. . .' .. :¡;,;::<- ':'~, ".:.:o:t.:;j:r.rl'¡'...·, . .~;·:~l.~~IU!l:::l':'~1.!I<;"·"'!t!Uit·t>l\'C"."·\.~'tj"·',,,,· ··'.F·····!J·;.."'.I;·,< ¡ .,..........,...,.,.";......:.;.',,.! C00150 LIFE ESTATE AGREEMENT THIS AGREEMENT is made and entered into this _.'l~ day of by and between Gregory Dennis Brisson and Ronnie Brisson, Husband referred to as "Owners"), and Dennis A. Brisson, a 'single man, (herein r Estate Holder"). ,2006, d Wife (herein rred to as "Life RECI! ALS Owners are the owners of certain lands located near Afton, Lincoln County, Wyoming, described as: 95070 Highway 89, Afton, Wyoming Beginning at the Global Positioning Reference Point N 42° 51' 281" W 110° 59' 255" then South 200 feet to Global Positioning Reference Point N 42° 51' 252" W 110° 59' 287" thence 200 feet to Global Positioning Reference Point N 42° 51' 254" W 110° 59' 283" thence 316 feet to Global Positioning Reference Point N 42° 51' 277" W 110° 59' 219" thence 151 feet to the point of beginning. 1. There are improvements located on the lands at the inception of this Agreement. 2. The parties desire to enter into an Agreement of the regarding said lands and improvements on the terms and conditions set forth below. AGREEMENT IN CONSIDERATION of the mutual covenants and conditions set forth below, Owner and Life Estate Holder agree as follows: 1. Demise of Premises: Gregory Dennis Brisson and Ronnie Brisson, husband and wife, hereby grant unto Dennis A. Brisson, a Life Estate on the above described land, with any improvements, described hereinabove, (hereinafter referred to as "premises"). All personal property pertaining to Dennis A. Brisson, contained within the premises, shall remain as property of the Life Estate Holder. 2. Use of Premises: Life Estate Holder will use the property and improvements for residential purposes for Life Estate Holder and their immediate family only. a) Waste: Life Estate Holder shall not commit, or suffer to be committed, any waste upon the premises, or any public or private nuisance, or other act or thing which may disrupt the quiet enjoyment of other persons near to the premises. 3. Maintenance: Life Estate Holder shall keep the property, including all improvements, in as good condition as they are at the commencement of this Life Estate. BL:fissEon A t RECEIVED 6/22/2006 at 10:21 AM 1 estate greemen 1 of 5 RECEIVING # 919567 BOOK: 624 PAGE: 150 JEANNE WAGNE ¡¡~~t¡\ LINCOLN COUNTY CLERK, ER, wY mm~!~¡m;~¡~~; , '..I·... ~.·I"'..L...,·~"~·:.12!1!."t!i~¡ ~: t :.~.··,..I'~;«Y.t","{';..,'WiI'~;·f'J::"-',:~n:' .',;;:.,It'; :;f- ":¡., t.~:.·~_~·!~!,O.."'''.'''_¡:Z¡;-,l'..,,,:..,;; . ...,...,!.,',t.....,'..,.¡.¡..-............¡,.,.... "Ut¡,·~'1~~'!I.1i.4hI.~,,: tf~~~t¿Jta..'ito\T.:~~'."'!,~.;i.· ¡"'."' -. .....,.¡.:' ·':t:';.!:f",',~C~.:ou."I-c~;t:¡,¡;:... ";". <"':' ',':n' ~i~.!.'I';·.''''· 091.95617 000151 4. Liens: Life Estate Holder shall not allow any mechanic's lien, builder's lien, or lien of any kind to be filed against the property and shall promptly pay and satisfy any such lien which may be filed as the consequence of Life Estate Holder's activities upon the premises. 5. Risk of loss and Insurance: The risk of loss and responsibility for insurance shall be allocated as follows: a) Risk of Loss to Improvements: The risk of loss or damage by wind, hail, fire, lightening, or other casualty to improvements located on the property shall be borne by Life Estate Holder. Owners shall have absolutely no obligation whatsoever to repair, replace, restore, maintain or improve any of the improvements on or about the property, and Life Estate Holder acknowledges same and understands that in the event of any casualty to said improvements Life Estate Holder's occupancy thereof may be adversely impacted. Life Estate Holder shall obtain and maintain casualty insurance on said premises with the Owners named as beneficiaries on the policy. b) Liability Insurance: Life Estate Holder shall indemnify and hold Owners and the property free and harmless from any and all claims, liability, loss, damage, or expense resulting from the Life Estate Holder's use and occupation of the property. 6. Real Estate Taxes: Owners shall notify Life Estate Holder of the estimated taxes on the home. Life Estate Holder shall pay Owners her portion of the taxes based on the value of the home. Owners shall be responsible for forwarding the sum paid by the Life Estate Holder directly to the County. 7. Assi~nment and Sublettin2: This Agreement is personal to Life Estate Holder. Accordingly, Life Estate Holder shall not encumber, assign, or otherwise transfer her interest in the property or any of the improvements that may now hereafter be constructed or installed on the property without the express written consent of Owners, which Owners may withhold in its sole and absolute discretion. Nor shall Life Estate Holder sublet the property or any part thereof without the prior written consent of Owners, which may be withheld by Owners in their sole and absolute discretion. 8. Default: Any default by Life Estate Holder to perform each and every obligation set forth herein shall constitute a breach of this Agreement. The parties hereto agree that time is of the essence relating to the performance of Life Estate Holder's obligations hereunder, and in the case of a breach by Life Estate Holder then the Owners shall have the right to demand specific performance of this agreement and shall, in addition, have the following remedies as well as all other remedies provided in law or equity: a) Attorney's Fees: In the event either party hereto brings an action to enforce this Agreement, and prevails in such action, the non-prevailing party shall pay all costs and expenses incurred therein or in connection therewith by the prevailing party including reasonable attorney fees. Brisson Life Estate Agreement 2 of 5 .. - -, ·'·'·4·.·~.,.~r.·.",,,' ';'¡'¡"?'I"· ·"':·¡""':"'r-,~.··,.....·...~..··¡"'~"""-'.>h.. <",' ,..,..>r . .,...;...,....~............."I:".... ..,; ·-"·:..;'.~~¥R.Io'C;I,O."".'J,·..::'.:--"I:~~"1"t,,; ;,,,'!;¡,S.~· ....,..-f, ,,-·· , ·"f':.,H':t':~!".~O':....."..,....:..;.:·<. ','.7' \"'o""t ..;-:.-:....:. ·:I:-Jo;"'^.~.;.,. :. ._. 091.9567 C00152 b) Waiver: A waiver of any breach or default hereunder shall not be deemed a waiver of any subsequent breach or default of the same or similar nature. The failure of either party to insistin anyone or more instances upon the strict performance of any of the terms or provisions of this Agreement on the part of the other party to be performed shall not be construed as a waiver or relinquishment for the future of any such term or provision, and such term or provision shall continue in full force and effect. ·9. Vacating: This Agreement shall terminate upon the death of the Life Estate Holder at which time the Owners shall have full possession of the premises. The heirs of the Life Estate Holder shall have 30 days to remove the personal property of the Life Estate Holder. 10. General Provisions: a) Time of Essence: Time is of the essence in the performance of all obligations under this Agreement. b) Entire Agreement: This Agreement represents the entire negotiations between the parties hereto with respect to the subject matter hereof and all prior agreements, understandings or negotiations, as they pertain to this life estate, shall be deemed merged herein. c) No Oral Modifications: No amendments or modifications to this Agreement shall be made or deemed to have been made unless in writing executed by the party or parties to be bound thereby. . d) Governing Law: This Agreement shall be interpreted and enforced according to the laws of the State of Wyoming. e) Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. f)Caption: Titles and captions are inserted for convenience only and in no way define, limit, extend or describe the scope or intent of this Agreement or any of its provisions, or in any . other way be construed to affect the meaning or construction of this Agreement or any of its provisions. g) Notices: Whenever any notice, demand, or request is required or permitted under this Agreement, such notice; demand, or request shall be in writing and shall be deemed to have been properly given or served when delivered in person to the other proper party or, on the third business day after being deposited in the United States mail, with adequate postage prepaid and sent by registered or certified mail with return receipt requested, or when delivered to an overnight courier service (e.g., Federal Express or UPS), to the addresses set forth below or at such other addresses as are specified by Owners or Life Estate Holder. Brisson Life Estate Agreement 3 of 5 ~m~timm~~~ :':!:'I.I~:-:~~Ni:'; ~~ ~£:;:s~~mB;¡ f¡:¡I~~Æl~¡~iií~~ ;~~~;~¡~~~~~i~;~¡¡~~ ;~~;ili~~}f~~ml ...,...,.:.:."""..........".,.'...............,...,....:....,,"'·f1'Y."·"'·,U'·'· , p. . ""._,......"<",~...,~J . .,-':.,...".."."",.0;.....'..."''"...... '····'r·'.>~"".-..-_·.......,~<~"->I..~,;,'·~..~I . ,. '....~.,.;.".,<..,',."., ....,'. .' ....'''.'... .....~..~'..,.I'. ... ,~ 091.9567 C00153 If to Owners: Gregory Dennis Brisson and Ronnie Brisson 95070 Highway 89 Afton, WY 83110 If to Life Estate Holder: Dennis A. Brisson 95070 Highway 89 Afton, WY 8311 0 h) Ri2hts Cumulative: All rights, powers, remedies and privileges conferred hereunder upon the parties shall be cumulative and not restrict those given by law or in equity unless otherwise expressly limited. i) Judicial Interpretation: Shall any provision of this Agreement require judicial interpretation, it is agreed that the Court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who . itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. Further, should it be determined that if any provision of this document is determined to be illegal, the remainder of the provisions shall remain in full force. j) Representations: Life Estate Holder accepts the land and improvements herein and all other aspects of the premises in its present condition, AS IS, including latent defects, without any representations or warranties by Owners, expressed or implied. OWNERS IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Gregory Dennis Brisson and Ronnie Brisson, husband and wife. ~/~- /. ~ Gregory en risson ~¿ntf~ ~risson Life Estate Agreement 40f5 · . ....·.·¿·...·.."I·'~.·'·,.,.-, "-"j.':'-'-'":"" ..~. r~,:·.n.':'~c.'''h:';·. ,1>;.... .' ' . .;, "'. ,.".~..,,--.,..,........_.....,.,.,. :-·;~~'<I'!U.."I."'~·"=-'·"f.i'II·.·':M·'I..!;.-\.·.·,·._. - ¡ ,. '·I-':""""'-·.'r""!"¡!J:.~.:.¡.", :.... ."_..,.,.:.,,._,""'~'¡'¡~.:.,,_. ,. .' 091.95b7 C00154 LIFE ESTATE HOLDER Dennis A. Brisson tJ~A61~ De~nis A. Brisson COUNTY OF LINCOLN ) ) SS. ) PAM BRAGG NOTARY PUBLIC COUNTY OF ~ STATE OF LINCOLN ~ WYOMING My Commission Expires March 13. 2010 THE STATE OF WYOMING The foregoing was acknowledged before me by Gre Ronnie Brisson, husband and wife, this / J day of ry Dennis Brisson and 2006. Witness my hand and official seal. My Commission Expires: 7'h THE STATE OF WYOMING J ~ ';;'0/0 I ~,,& NOT RY PUB~ ) ) SS. COUNTY OF LINCOLN ) Th) foregoing was acknowledged before me by Dennis A. Brisson, this day of ~14<Á. 2006. í}ð Witness my hand and official seal. My Commission Expires: Û -5 ~ ;/4' ~ · '{ d. .. Ú A. T ARY PUBLIC HEJDI BROWN . NOTARY PUBUO County rA State t:I Uncoln WyomIng My CommissIon Expires August 5, 2009 Brisson Life Estate Agreement 5 of 5 il~~lli~.