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WYOMING-LIEN STATEMENT
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THE UNDERSIGNED LIEN CLAIMANT> pursuant to Title 29, Chapters 1 and 2
of the Wyoming Statutes, is filing this Lien Statement at the Office of the County Clerk
for the County Lincoln, State of Wyoming, as a claim and lien on property and for the
matters described and referred to herein as follows:
(1) The Undersigned, Wendy Akers/Cleary Building Corp, , whose address is 190
Paoli St., Verona, WI 53593, is the Lien Claimant and person seeking to enforce this
Lien.
(2) The amount of the claim for this Lien, which is due and owing to the Lien
Claimant is $2652.80.
(3) The name(s) and addressees) of the person(s) against whose property this lien
is filed is Todd Bateman 235 Easy Acres, Afton, WY 8311 O.
(4) The following itemized list describes the materials, work, labor or services
delivered to or performed at the premises: 30x24x11 pre-engineered building.
[attach and refer to itemized list as "Exhibit A~]
(5) The person(s) against whom this lien claim is made is: Todd Bateman, whose
last known addressees) is/are 235 Easy Acres, Afton WY 83110.
(6) The materials, work, labor or services, as referred to in Paragraph "4"
hereinabove were/was last performed on the22nd day of May, 2006.
Or, if applicable, Alternate Provision:
(6) The project was substantially completed on the 22nd day of May, 2006.
(7) The legal description of the premises where the materials, work, labor or
services were delivered to or perfor-med at is 23 5 Easy Acres, Anon WY 83110.
(8) [This Paragraph is applicable only if Contract is available] A copy of the
applicable contract for this claim of lien is attached hereto as "Exhibit A".
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Date: Ce \ rz.. '\ \ Ð 0
Date of Expiration: \ \\ 0 ¡ ( 0 ",
RECEIVED 6/30/2006 at 11 :22 AM
RECEIVING # 919827
BOOK: 625 PAGE: 140
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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CIÏAAY
BUILDING CORP.
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PO BOX 930220
VERONA, WI 53593-0220
(608) 845-9700 I (608) 256-1355
www.cIearybuilding.com
PLEASE REFERENCE JOB NO,
052344
SOLD TO: BATEMAN, TODD
235 EASY ACRES
AFTON, WY 83110
SHIP TO: BATEMAN, TODD
235 EASY ACRES
AFTON, WY 83110
JOB NO.
052344
SALESPERSON
JAMES MASON
CONTRACT
Erected
IF NOT PAID UPON COMPLETION, INTEREST
WILL BE CHARGED AT 3/4% EVERY 15 DAYS
DATE PRINTED
06/27/2006
DATE
EXPLANATION
Building erected per contract
Down Payment received - Check 811
Delivery Payment received - Check 895
Interest from OS/22/2006 through 6/16/06
Final Payment received - Check 947
Interest from 6/17/06 through 6/23/2006
AMOUNT BALANCE
$9,000.00
07/20/2005
01/05/2006
06/20/2006
06/23/2006
06/23/2006
($1,800.00)
($3,600.00)
$45.00
($1,000.00)
$7.80
REMAINING BALANCE
$2,652.80
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Invoice is as current as possible - may not include change orders
@ built with pride before the shamrock lS applied @
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CLtAAY
BUILDING CORP.
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P.O. BOX 930220
VERONA, WI 53593-0220
(608) 845-9700/ Fax (608) 845-7070
www.clearybuilding.com
CERTIFIED MAIL RETURN RECEIPT REQUESTED
NOTICE OF INTENTION TO FILE CLAIM FOR LIEN
June 2nd, 2006
Mr. Todd Bateman
235 Easy Acres
Afton, WY 83110
Sent Via: Certified Mail June 2nd, 2006
Dear Mr.Bateman,
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You are hereby notified that the undersigned was engaged by Todd Bateman to furnish
materials for the improvement of the real estate located at 235 Easy Acres, Afton,
Wyoming. Such labor and materials consisted of erecting a post frame building on said
property. The amount due claimant is $3,600.90.
Please be informed that this notice is given pursuant to Wyoming real estate law in the
event that the undersigned is not paid for such labor and materials. The final balance
needs to be paid prior to June 9th, 2006. If not paid by said date we will then proceed
with a foreclosure action on the mechanics lien which will be filed on your property. All
warrantees are not valid until the $3,600.00 balance has been paid and additional
interest will accrue on the balance due until paid in full.
Any questions or comments should be directed to myself at 608-845-9700. I look
forward to your anticipated cooperation. Thank you.
ohn n
General Manager-Western Operations
cc: Sean Cleary, President, Cleary Building Corp.
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P.O. BOX 930220
VERONA, WI 53593-0220
(608) 845-9700 / 800-373-5550
FAX: (608) 845-7070
www.clearybuilding.com
Purchaser 'Tð 0 I,:) B 4 l' E'1-1 HI'-?
Address :l5~ ¡:':-A-.f' Y. b4 Ý c e ~
City --J4F7a N Stateh,.u ) Zip 8.:1'"' ¡I 0
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CIÏARY
BUILDING CORP.
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CLEARY/OWNER. CONTRACT - ERECTED
JOB ('>
~dJ$314
Building Location
s~~ m e
Tenant
City
State
Zip
email
County
Home Phone (Area Code)
Work
Cell
THIS BUILDING DESIGNED FOR AGRICULTURAL USE ONLY
Protector Laminate Building Model ~'
Energy Miser Building Model 0
Other Building Model:
Building Specifications:
Width:
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Length: Eave H,eight:
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Type of Truss:
Intended Use of Building:
Color of:
Roof
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LÎ '1///7
Trim wh;;-
Gables (T ç:; Ji.£3 (.(
/
Slide Doors
Sides
Accents
Wainscoting
Soffit
Cupola: Sides
Roof
Vane Type
Dutch Door: Rat Color
X-Buck Color
(will not match steel)
Location of 100' Mark on Site:
5:Þ¿;- /37' S w. /-<' 5
Bottom Elevation of:
Slide Doors
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Overhead Frame Outs '
Windows
Walk Doors r' ¿J Ó r' <',L
See Form C I 00 Which Becomes A Part of This Contract
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Additional Specifications:
Da(j¡/
'ection
Contract Amount:
Downpay ment at Date ~
Contract (20 0/0): 1\ ---1ì
Due Upon Material 'I . {f
Delivery (40%): $
Trusses in Place (20 O/O)~ Ifí1) $
Other Payment ~ (<i U V $
Other Payment $
$
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TERMS OF PAYMENT: (1) If Contract Amount is $25,000.00 or less, the terms
of payment shall be as provided in the column to the right. (2) If Contract
Amount is over $25,000.00, the terms of payment shall be pursuant to the
Authorization to Pay form which is a part of this Contract or if the
Authorization to Pay form is not executed, then the terms of payment shall be
as provided in the column to the right.
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If tlJe Purchaser fails to make a payment when due, Purchaser agrees to pay
Cleary, upon demand, a delinquency charge equal to the lesser of three-quarter
percent (.75%), or the highest rate allowed by law, 'f the delinquent amount
per fifteen (15) days, from the date the elinquent ount is due, until the date
it is paid.
Tentative Date
J'G60
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Forn! #
e 1 of 4 Rev 2/04
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'. O:~ll~}82Id1 eX~1(t>lrA P3 2 of- 4 NECEIVEO ./UL ? n
1. This contract may be assigned by Seller to Cleary Building Corp. Upon such assignment aH references t~~bligations and rights of ''Sellir2rJP5
,
, this contract shall apply to Cleary Building Corp. and all checks or drafts for the Contract Amount MUST BE PAYABLE TO CLEARY
BUILDING CORP. . / . .' 0 n 014 5
2. Purchaser represents and warrants that Purchaser IS (Check One) . fee owner of the ConstructIOn SIte; or land contract
vendee or purchaser under contract of sale; or lessee of the Construction Site and that the fee owner has consented to the construction
contemplated by this Agreement.
3. At Seller's option this contract shall be subject to price increase if construction is commenced after the Tentative Start Date or more than
ninety (90) days after date of this contract. Purchaser will receive written notification of such increase before materia] is delivered and agrees to
pay the increased amount upon completion of construction.
4, Purchaser shall provide access to construction site for delivery of materials and construction of this contract by Seller. Seller shall not be
~es ible for damage to property of Purchaser if incurred while Seller accesses site.
S: ontr, act Amount is based on level construction site. If extra materials and/or labor are required because of a sJoping construction site,
urchaser will pay for the same upon request of Seller. The price of such materials will be Seller's usual and customary price. If because of
buried objects (concrete, rocks, etc.) or because extra hole depth is required beyond S feet 6 inches Seller is unable to proceed with normal
digging procedures, then the extra expense resulting from such condition(s) will be the obligation of the Purchaser and shall be paid to Seller upon
request. Seller shall not be responsible for any damage to buildings occasioned by soil conditions including water table conditions, nor for the
inability of the buiJding site to bear the weight of the building.
6. Purchaser shall hold Seller harmless from any and all claims and expenses incurred in defending against claims arising from digging into or
through any unmarked, underground utilities. It is the Purchaser's responsibility to mark all such utilities prior to the commencement of digging.
7. Any alterations or'changes from the above Specifications involving extra costs will be effective only upon written change orders signed by
Purchaser and accepted in writing by Seller and will be an extra charge in addition to the Contract Amount. Seller shall not be in default of this
contract or be liable to Purchaser for any damages that Purchaser may incur as a result of delay(s) in Seller's performance of this contract which
delay(s) are occasioned by strikes, riots, insurrection, acts of God, unavailability or late delivery of materials or other delays beyond Seller's
contro] or any other cause which Seller could not have reasonably foreseen or avoided. It is understood that this Agreement and any documents
which are attached hereto or referenced herein constitute the entire agreement between the parties and all other agreements, representation,
promises, inducements, statements and understandings, prior to and contemporaneous with this Agreement, written or oral, are superseded by
this Agreement.
8. Purchaser shall timely obtain at Purchaser's cost all necessary and required permits and licenses for the construction contemplated by
this Agreement.
9. Seller provides builder's risk insurance coverage on the building until construction is comp]eted and Seller accordingly will repair or
reconstruct any damage to or loss of the building resulting from insured perils during construction. For purposes of this paragraph only,
ownership of the building passes to the Purchaser upon completion. Each party hereto waives any rights of subrogation their respective insurers
might have as against the other party to the extent permissible and only if such waiver does not adversely affect insurance coverage.
10. Any and all materials delivered to the Construction Site but not used in actual construction remain the property of the Seller with the
exception of such material deemed by Seller as scrap.
11. Any use of the building by Purchaser represents acceptance and approval by Purchaser.
12. The obligations of SeHer are subject to availability of materials from Cleary Building Corp., Verona, Wisconsin. This contract and similar
work hereunder are predicated on non-union labor. In the event of the unavailability to SeHer of qualified non-union labor to construct the
building contemplated by this Agreement, the Contract Amount shall be increased to the extent the union labor costs exceed the non-union labor
costs anticipated by Seller.
13. In the event of a default by Purchaser, Purchaser shall be responsible and pay Seller upon demand all of the costs incurred by Seller in
collecting the sums due hereunder, including attorney's fees and disbursements.
14. It shaH be the responsibility of the Purchaser to determine the location of the building to be constructed pursuant to this Agreement and
Purchaser shaH be responsible to determine that the location of the building is in compliance with the applicable setback requirements.
] S. Purchaser understands that if Purchaser desires to have plywood (OSB) sheathing on the building, that the roof must be covered by shingles
and/or the side wall covered with siding. This material wiH be instaHed by a contractor selected by Purchaser and SeHer's only responsibility
regarding the sides and/or roof will be to install the plywood (OSB) sheathing. Purchaser acknowledges that Seller is not responsible for any
warping, shrinking, separation or any other damages to the plywood (OSB) sheathing which results from not having the plywood (OSB) sheathing
protected from rain and other damaging weather conditions.
16, Inadequate attic ventilation can, under certain conditions, result in excess moisture to collect in the attic space. This moisture may result in a
reduction in R-value of attic insulation, premature rusting and deterioration of roofing and water staining or rotting of wood members located in
the attic space. The Cleary representative has explained the necessity of proper attic ventilation, and has presented his recommendations along
with associated cost, to include this ventilation as part of the Cleary contract. Proper attic ventilation includes overhangs on both side walls and at
the building ridge, If the purchaser of this building has chosen not to include attic ventilation, as proposed, as part of the Cleary contract, they will
hereby release Cleary Building Corp. from any and all liability associated with any damage or loss of performance resulting from moisture and/or
heat accumulation in the attic space.
Fonn # C-050 Page 2 of 4 Rev 2/04
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IMPORTANT: LIEN NOTICE
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(Notice Required by Illinois Law -'Illinois Only)
THE LAW REQUIRES THAT THE CONTRACTOR SHALL SUBMIT ASWORN STATEMENT OF PERSONS FURNISHING MATERIALS
AND LABOR BEFORE ANY PAYMENTS ARE REQUIRED TO BE MADE TO THE CONTRACTOR.
*****
(Notice Required by Kansas Law - Kansas Only)
NOTICE TO OWNER: IS A SUPPLIER OR SUBCONTRACTOR PROVIDING MATERIALS OR
LABOR ON JOB NO. UNDER AN AGREEMENT WITH . KANSAS LAW WILL
ALLOW THIS SUPPLIER OR SUBCONTRACTOR TO FILE A LIEN AGAINST YOUR PROPERTY FOR MATERIALS OR LABOR NOT
PAID BY YOUR CONTRACTOR UNLESS YOU HAVE A WAIVER OF LIEN SIGNED BY THIS SUPPLIER OR SUBCONTRACTOR. IF YOU
RECEIVE A NOTICE OF FILING OF A LIEN STATEMENT BY THIS SUPPLIER OR SUBCONTRACTOR, YOU MAY WITHHOLD FROM
YOUR CONTRACTOR THE AMOUNT CLAIMED UNTIL THE DISPUTE IS SETTLED.
*****
(Notice Required by Minnesota Law - Minnesota Only)
PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE IMPROVEMENT OF REAL PROPERTY MAY ENFORCE A
LIEN UPON THE IMPROVED LAND IF THEY ARE NOT PAID FOR THEIR CONTRIBUTIONS, EVEN IF SUCH PARTIES HAVE NO
DIRECT CONTRACTUAL RELATIONSHIP WITH THE OWNER. MINNESOTA LAW PERMITS THE OWNER TO WITHHOLD FROM HIS
CONTRACTOR SO MUCH OF THE CONTRACT PRICE AS MAY BE NECESSARY TO MEET THE DEMANDS OF ALL OTHER LIEN
CLAIMANTS, PAY DIRECTLY SUCH LIENS AND DEDUCT THE COST THEREOF FROM THE CONTRACT PRICE, OR WITHHOLD
AMOUNTS FROM HIS CONTRACTOR UNTIL THE EXPIRATION OF 90 DAYS FROM THE COMPLETION OF SUCH IMPROVEMENT
UNLESS THE CONTRACTOR FURNISHES TO THE OWNER WAIVERS OF CLAIMS FOR MECHANIC'S LIENS SIGNED BY PERSONS
WHO FURNISHED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO PROVIDED THE OWNER WITH TIMELY
NOTICE.
*****
(Notice Required by Missouri Law - Missouri Only)
FAILURE OF THE CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT
CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT
PURSUANT TO CHAPTER 429, RSMo. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM
ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE
LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.
*****
(Notice Required by Wisconsin Law - Wisconsin Only)
AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, BUILDER HEREBY NOTIFIES OWNER THAT PERSONS OR
COMPANIES FURNISHING LABOR OR MATEIUALS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON
OWNER'S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED
BUILDER ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 60
DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY
WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION AND SHOULD GIVE A
COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, IF ANY. BUILDER AGREES TO COOPERATE WITH THE OWNER
AND THE OWNER'S LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.
Form # CO
of 4 Rev 2/04
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¡ l~h:J,ü1dfÍs~R MAKES ALL PAYMENTS WHEN DUE, SELLER A~ THE MANUFACTURER OF CERTAIN OF THE MATERIAL
BEiNG SUPPLIED BY SELLER WILL PROVIDE PURCHASER WITH SPECIFIC WARRANTIES. SELLER MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO
THE GOODS COVERED BY THIS CONTRACT. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM ANY ALLEGED OR ACTUAL DEFECTS IN ANY GOODS SUPPLIED PURSUANT TO THIS CONTRACT OR
FROM ANY ALLEGED OR ACTUAL FAILURE OF PERFORMANCE OR NEGLIGENCE OF SELLER;
18. PURCHASER UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER REPRESENTATIVE NOR CLEARY BUILDING CORP. IS A
GENERAL CONTRACTOR AND NEITHER THE REPRESENTATIVE NOR CLEARY BUILDING CORP. IS RESPONSIBLE FOR ANYTHING
OTHER THAN THE CONSTRUCTION OF THE BUILDING AND THAT PURCHASER OR OTHERS THAT PURCHASER HIRES ARE
RESPONSIBLE FOR ALL OTHER FACETS OF THE CONSTRUCTION. PURCHASER ALSO ACKNOWLEDGES THAT PURCHASER
ACCEPTS RESPONSIBILITY FOR DETERMINING THAT THE PURCHASER'S USE OF THE BUILDING IS CONSISTENT WITH THE
APPLICABLE ZONING.
19. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PURCHASER AND SELLER WAIVE THE RIGHT TO TRIAL BY
JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING OUT OF OR IN ANY WAY RELATING TO THIS
CONTRACT OR THE ACTIONS OF PURCHASER, SELLER OR ASSIGNEE OF SELLER REGARDLESS OF WHETHER SUCH CLAIM OR
COUNTERCLAIM IS BASED ON CONTRACT, TORT OR ANOTHER THEORY OF LAW OR EQUITY AND AGREE AND CONSENT THAT
ANY SUCH ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM SHALL BE DECIDED BY TRIAL TO THE COURT WITHOUT A
JURY. PURCHASER ACKNOWLEDGES AND UNDERSTANDS THAT THIS WAIVER AND CONSENT CONSTITUTES A MATERIAL
INDUCEMENT TO SELLER TO ENTER INTO THE TRANSACTION WITH THE PURCHASER.
This Contract is signed and dated this
ß
day of ì'> t..-( I '-1
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PURCHASER: x.ff~ ~
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REMARK :
SELLER TO PILE SCRAP FOR PURCHASER USE OR DISPOSAL
SELLER:
ADDITIONAL LANGUAGE IS CONTAINED ON PAGE 3 OF 4.
CONSENT TO CONSTRUCTION IF OWNER IS OTHER THAN PURCHASER:
TENTATIVE DATE TO START ERECTION: <S'~ p" Ç> c.. T ¿;? ç
Fee Owner
Assignment lL, ~
This contract is assigned by Seller to Cleary Building Corp. and accepted by Cleary Building Corp. this;J, day of' v j ~ . ;;l1J(J ~Office Use Dilly)
By (Office Use Only):
, Seller:
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Form # C·050 Page 4 of 4 Rei' 2/04