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Home My WebLink About923589 ···"1[· . "..,,":'~:I~:·'f. .........'.."/¡~;i2f,."" . ;:;: -~.:/:,::;.::;/~~~~f:~~:~~¡j:!;: ':;" ,'; ."., .,...."Î~,".1'4.1.·" . ':::-:. "":::;::;:;:;:~:,.~:~:.¡!:! ' 000717 IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRI IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMIN IN THE MATTER OF THE ESTATE OF: ) ) MARCUS EDWIN JOHNSON, alk/a ) EDDIE JOHNSON, Deceased ) ) ORDER AUTHORIZING SALE OF REAL ESTATE AND APPROVING PRIVATE SALE OF REAL ESTATE TIllS MATTER having come before the Court as a result of the filing of a Petition for Authority to Sell Real Estate and Report of Private Sale of Real Estate as filed on October 6, 2006. Said Petition included the proposed contract as Exhibit A. The sole remaining beneficiaries having signed and filed Waivers with the Petition. The Court having reviewed the files of record herein, I ,,', , -: l...\ having received evidence in the form of the Petition and Waivers which were made under oath. and ~/ the Court being otherwise fully advised in the premises finds that due and proper notice of said Petition and of the right to a hearing thereon has been made to all parties legally entitled thereto by the Waivers filed herein, that the proposed sale price is the value of said property as determined by the market forces, that the sale of said real estate is necessary to effectuate distribution of this estate, and in the best interests of the estate, that two (2) Waivers of Notice of the Hearing have been filed with the Court by the two (2) beneficiaries and that therefore the Personal Representative ought to be authorized and instructed to enter into the proposed agreement, that the Personal Representative ought to be authorized and instructed to complete the private sale of said real estate as reported and prayed for in its said Petition and Report. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Personal Johnson. Eddie\Sale on Contract\Order Authorizing Sale of Real Property -1- RECEIVED 10/20/2006 at 3:48 PM RECEIVING # 923589 BOOK: 637 PAGE: 717 JEANNE WAGNER n" LINCOLN COUNTY CLERK, KEMMERER, WY - ßltt? :':':':':':,:<';1 09~J5ts9 0007~S Representative of the åbove captioned estate be, and he hereby is, authorized and directed to sell the following described real estate, to-wit: NE1I4NW1I4, Section 34, T21N, Rl17W of the 61h P.M. in Lincoln County, Wyoming Subject to all mineral leases, reservations, restrictions, exceptions, easements and rights-of-way of record in sight or use. Also subject to the Protective and Restrictive Covenants for the above described property as recorded in the Office of the Lincoln County Clerk and Ex-Officio Registrar of Deeds, which are covenants running with the land and which are binding on the Grantee and their grantees, assigns, and successors in interest. Excepting and reserving unto Grantors, their successors or assigns, a perpetual right of way and easement parallel to and sixty (60) feet in width and distant from the south boundary line of the aforesaid property; said easement being reserved for the purpose of roads and utilities, together with the right to construct, improve, maintain and use the same without liability for damages, if any. to Oden Zempel and Elaina N. Zempel, husband and wife, for the net sum of sixty thousand dollars ($60,000) which shall be paid to the estate or beneficiaries of the estate pursuant to the Contract whereby the estate shall receive five hundred dollars ($500) in earnest money upon the Personal Representative executing the agreement. At closing the estate shall receive an additional five thousand five hundred dollars ($5,500) to be paid by the Purchaser. The estate shall receive a mortgage to secure payment of the balance of the purchase price in the sum of fifty-four thousand dollars ($54,000), together with interest on the declining balance thereof at the rate of five and one- half percent (5~%) per annum, to be amortized over a fifteen (15) year period, which shall be paid in forty-eight (48) equal monthly installments offour hundred forty-one dollars and twenty-two cents ($441.22) each for four (4) years commencing on the 1 5t day of November, 2006, and payable Johnson, EddielSale on Contracl\Order Authorizing Sale of Real Property -2- I¡.¡'i.·r~¡;.;:;".) =A\ ~;:!:~i:::~!:::!tM ·::X¡~~~¡i¡f(:·: '.~ 092358~) 0007.19 thereafter on the same day of each succeeding month. At the end of the fourth ~) year after closing or prior thereto, Purchaser agrees to pay a balloon payment consisting of the entire remaining balance of the purchase price together with interest that shall have accrued at five and one-half percent (5Yí%) per annum from the date of executing the note. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that said Personal Representative is hereby authorized and given authority to sign any and all other documents necessary to complete the transaction or close on the sale of said real property including but not limited to a settlement statement. IT IS FURTHER ORDERED, ADJUDGED AND DECREED upon the completion of said transaction, the Personal Representative shall execute and deliver to the purchaser or escrow agent a Court Officer's Deed, and shall thereupon record said deed and a certified copy of this Order in the Office of the County Clerk of Lincoln County. (;; day of k~ Dated this .2006. ¡()~~ DENNIS L. SANDERSON District Court Judge .. ~~, ' ;~ -:.', ;a .i ;~o~~~~~~~~¿9~~1 55. . '11 ~ \ .. 'rts Clerk of the Third I Ken~eth D. Robe ¡thin an foresaid j¡;dicial District Court '!' to said, do county and .in th- f t eOing a f!-,II, hereby certify th ~ true, and compie ... SiGNED ... . . Johnson. Eddie\SaJe on Conlract\Order Authorizing Sale of Real Property - 3- "*'