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Home My WebLink About921664 · - ~ -- -. -- ... RECEIVED 8/24/2006 at 11:08 AM RECEIVING # 921664 BOOK: 631 PAGE: 380 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000380 LNSTALLHENT S~LE \GREEMENT THIS AGREEMENT mads and entered this 9th day of AU",ust, 2006, by and between PATRICIA E. LOONEY, a sin~le woman of Box 322, I Pinedale, Wfomin~ 82941, Party of the First Part and hereinafter I i called the "Seller", and LARRY R, CORFF and KELLY H. CORFF, husband , and wife, of LaBar~e, Wyomin~Parties of the Second Part and here- inafter called the ." Purchaser ". WIT N E SSE T H: Seller a~rees to sell unto Purchaser and Purchaser aJrees to buy from Seller the followin~ described real estate situate in the County of Lincoln and State of Wyomin~, to-wit: Lot 39 of the Viola Subdivision, as the said subdivision a¿~ears on the ~lat and ma~ thereof on file and of record in the office of the County Clerk of Lincoln County, Ny., and TOGETHER WITH all buildin~s, fencés and im)rovements situate thereon or a~~urtenant thereto, AND TOGETHER WITH all water and water ri~hts, ditch and ditch ri~hts, and reservoir and reservoir ridhts situate thereon or appurtenant thereto; BUT SUBJECT, NEVERTHELESS, TO the ~rovisions of United States ¿atents, AND SUBJECT FURTHER TO easements and riJhts of way of record or in actual use for telephone transmission lines, electric transmission lines, irri~ation DITCHES AND CANALS, AND ROADS AND WAYS, AND SUBJECT FURTHER TO all outstandin~ mineral interests, AND SUBJECT FURTHER TO accrued and accruinJ taxes, and for said real estate Purchaser shall ;ay, and Seller shall acce)t, TWENTY THOUSAND DOLLARS ($20,000.00) of which amount Purchaser has this day ¿aid Four Thousand Dollars ($4,000.00), Recei)t whereof by Seller is hereby acknowled~ed, and the balance of said ·~urchasê ~rice tojether with interest accruin~ thereon at the rate of Ei~ht Per Cent (8%) Per Annum from and after the 15th day of Au~ust, 2006, shall be )aid by 120 monthly installments, each in the amount of $194.13 commencin~ on the 15th day of Se)tember, 2006, and continuin~ on the 15th day of each month thereafter succeedin~ until said )urchase )rice and all interest has been fully )aid¡ r.,II.Ii'tl.I¡'I,"¡t.1, lili¡ti1!¡:;~m~~;::¡ ; ;~~~;:;(.~;::f:::: .,.::-~:~r.~J:';':::' ,. , ....~.,. .foI,~.~.·¡·~." !~~~t~~~;!r~~f¡¡~;i~ 0921664 000381 All of the ·aforesaid installments shall be made to Seller at Box 322, Pinedale, Wy., 82941, or such other ~lace as Seller may hereafter desi~nate¡ Seller shall not be obli~ated to acce)t any of the fore- ~oin~ installments of the ~rincipal sum and interest except however, Seller a~rees that after the-first day of January, 2007, Purchaser may at the o~tion of Purchaser ~ay, without ~enalty, the then ...... unpaid balance of the ~urchase ~rice to~ether with the interest accrued to date of payment, or may otherwise make ;>a¡ment over and above and in addition to the installments of purchase ~rice and interest as hereinabove set forth and re~uired¡ all þayments so made shall be first credited to the accrued interest and the balance to the purchase ~rice¡ '. THE PARTIES FURTHER AGREE AS FOLLOWS: 1- Possessioni assi~nment, liens, taxes andbuildin~s. (a) Purchaser may have ~ossession of the above ~ro~ertj upon execution of this a~reement, Purchaser has inspected the ~roperty and acce~ts the ~ro~erty in its ~iesent coridition¡ (b) Purchaser shall not suirender ~ossession of the abbve property nor part ~ith ~ossession to any persons whom~oever, nor shall Purchaser assi~n or sell this a~reement to any person whom: soever without first havin~ obtained the written consent thereto of the Seller¡ (c) Purchaser shall ~ay before delin~uency all taxes and assessments on the ~ro~erty comind due on or after the first da¡ of January, 2007¡ (d) Purchaser shall not suffer nor permit any liens, other than liens of taxes, encumbrances and mort~a~es to accrue or attach to the àbove property durin~ the term hereof and in event the same shall accrue or attach Purchaser shall immidiately pay and dissolve the same and u~on failure to do so Seller may pay the same and all sums so expended by Seller in the satisfaction, dissolution and dischar~e thereof shall accrue interest at the rate of EIGHTEEN PER CENT (18%) PER ANNUM from the time of payment and the same shall be immediately due and payable by Purchaser untoSeller¡ I! (e) If Purchaser fails or ne~lects to pay any installment of taxes or assessments, when due, Seller shall have the ri~ht to make such payment and to add the amount thereof, tOjether with interest at EIGHTEEN PER CENT (18%) PER ANNUM to the obli~ation of Purchaser hereunder¡ 1 2- Delivery of warranty deed. Upon payment of the ~urchase ~rice and all interest, AND PROVIDED THAT Purchaser has otherwi~e ~erformed as re~uired of Purchaser herein, Seller shall convey the above ~ropert¡ unto' Larry R.Corff and Kelly M. Corff, husband and wife, by means of statutory form of warranty deed¡ - G?a""e Two "- .. 0921J}6i.\ 000382 3- Taxes and assessments. All taxes assessed and levied upon the property in the year 2006 and prior thereto shall be paid by SEller, and Purchaser shall ~ay all of 2007 taxes; 4- Timely ~erform~nce - default. Time is of the essence of t~is a~reement and Purchaser shall make all paiments promptly as herein provided; Purchaser expressly understands and agrees that if Purc~aser shall fail to make any of the aforesaid payments to Seller, in the amount, manner and within the time herein provided, or should Purchaser fail to perform any of the other terms and conditions hereof, in the manner and within the t~me herein ~rovided, and shall fail to make said delinyuent paiments and other~ise remedy the d~fault of other terms and conditions WITHIN THIRTY (30) DAYS after written notice thereof is deposited in the United States mail, posta~e prepaid, and addressed to Purchaser at the followin~ address of the Purchaser, to-wit: Larry R. Corff and Kelly M. Corff Post Office Box 415 LaBar~e, Wyomin~ 83123 the Seller may at the option of Seller declare this contract ended, cancelled and of no further force and effect, and Seller may file for record in the office of the Counti Clerk a declaration of forfeiture (settinJ forth the facts of su~h failure on the part of Purchaser) and the same shall be sufficient to cancel all obligation hereunder on the part of Seller and shall fulli reinvest Seller with all ridhts, title and interest herebi a~reed to be sold, conveyed or delivered and Purchaser shall forfeit all sums paid hereunder; Purchaser shall further forfeit all ri~ht, title and interest in arid to the above pro~erty includin~ ani and all improvement~ and Seller shall have the riJht to re-enter and t~ke possession, without demand, of the above-described real pro~erti and all improveinen ts thereon, incl ud in~ those er·ected år placed thereon by Purchaser and in event of such repossession Seller may keep said real property as Seller's own and absolute propertj bein~' hereby released from all obli~ation at law and in e~uiti to convey said property, and in such case all monies forfeited as described above shall be considered as rental for said property and as liyuidated dama~es for failure on the part of Purchaser to ~erform and comply with the terms of this adreement; i ! 5"; Construction. I! All words used in this a;;¡reement includin::j the words "Purchaser" and "Seller"shall be construed to include the plural as well as the sinJular number and words used herein in the pr~sent tense shall incude the future as well as the present and words used in the masculine ·Jender shall include the feminine and neuter; 6- Effect of waiver. The waiver of Seller of any covenant, condition or a~reement herein contained shall not vitiate the same and the terms, conditions, covenants and a~re~emnts set forth herein shalla~ply, inure to and bind the heirs, executors; administrators and assi~ns of the res~ective parties hereto; 7- Persons bound. All Jrovisions hereof shall extend to, inure to the benefit of and be~bindin~ upon the res~ective parties and their heirs, devisees, personal representatives and assi~ns; .,- Pa;¡:s Three ~:i:::~¡*~~*¡::i ~1~~J~;~~d::~:) .. . ~m¡¡~t!¡¡m~tmf[~ ::::::::::::::;m~iti:: :~::::::::;::;~i;i:i~::; ;~;~ ¡{~:¡¡ii~;~~~;;~~~~ 0921.(;)64 000383 8- Liti~ation - allowance of attorney's fees to ;revailin~ ~artf. If any action is brou~ht to enforce this a~reement or any ~rovision hereof, to rescind the same, to collect dama~es for an alle~ed breach hereof, or for declaratory jud~ment hereunder, the ~revailin~ ~arty in such action, whether ~laintiff or defendant, shall be entitled to an allowance for reasonable attorney fees, in addition to costs of suit; 9- Interest on µast-due installments. Any installment of the principal sum or accrued interest, or both, not paid when due shall accrue interest at the rate of EIGHTEEN PER CENT (18%) PER A.NNUH from the due date until paid; IN WITNESS WHEREOF, we her~unto set our hands the day and year first above written. .. ~~.~ P TRICIA E. LOONEY, Seller .. Purchaser ~? K~ M. COR~haser Pa~e-Four ... / .... . ." 0921664 000384 STATE OF WYOMING ) ) ) ss COUNTY OF SUBLETTE The fore~oin~ instrument was acknowled~ed before me bf patricia E. Looney I this q t.h.. day of AUiJust I 2006. Witness my hand and official seal. My commission . expires: <ö-B-DCJ ~~~~~~~~~~~~---- Margo Parrott Notary public COUN1YOF 4\ STATEOF SUBLETT£ ., WYOMING _1lY !»IMSSION EXPI~S 8' 3"~D --- STATE OF WYOMING ) ) ) ss COUNTY OF LINCOLN The fore~oin~ instrument was acknowled~ed before me bf Larry R. Corff and Kelly 11. Corff I this ~ \-.M- da¡ of AU:::I us t I 2006. Witness my hand and official seal. ~ Nota< U Publk . My commission expires: 1I-/3",ob -Pa;¡e Five ~::::1::::~:~~~:::~:;; t;t=J~~j~1:] "'