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000801
AFFIDAVIT OF BUYER'S DEFAULT AND FORFEITURE
UNDER BUSINESS SALES AGREEMENT
ss.
RECEIVED 12/1/2006 at 9:54 AM
RECEIVING # 924946
BOOK: 641 PAGE: 801
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
STATE OF WYOMING
COUNTY OF LINCOLN
I, Gerald L. Goulding, as attorney and agent for David Bruce Hendrick and Susan K.
Hendrick, husband and wife, of lawful age, being first duly sworn according to law, upon my oath
depose and say:
1, I make this affidavit pursuant to Paragraph 3 of that certain Real Estate Contract
dated September 25, 2003, (lithe Contract") by and between David Bruce Hendrick and Susan K.
Hendrick, husband and wife, as seller, and Michael Charbonneau and Joyce Charbonneau,
husband and wife, as b~yer. The Contract was recorded in the office of the Lincoln County Clerk
on September 30, 2003, in Book 536 P.R., page 666, recording number 893983.
2. The' Con.tract was executed in connection with that certain Business Sales
Agreement dated Sept~mber 25, 2003, ("the Agreement") entered into by the same buyer and
seller. This affidavit is also made pursuant to Paragraphs 16 and 18 of the Agreement.
3. The legal I description of the real property which is the subject of the Contract and
Agreement located in Lir,coln County, Wyoming, is as follows (lithe property"):
Lots 1 through '32, Chaparro Trailer Court, according to that plat recorded
January 5, 1983, in the Office of the Lincoln County Clerk as Instrument No,
589520 more particularly described as follows:
A tract of land located in the SW1/4SW1/4 of Section 29, T33N, R118W, more
particularly described as follows: Beginning at the NW corner of the
SW1/4SW1/4 of said Section 29, and running thence South, along section line, a
distance of 371.7 feet to the intersection with the easterly right-of-way boundary
of U.S. Highway 89; thence S41°18'E, along right-of-way boundary, a distance of
116,1 feet; thence N78°06'E, a distance of 1250.2 feet; thence North a distance
of 201,2 feet to the north boundary of the SW1/4SW1/4 of Section 29; thence
West, along said North boundary, 1300,0 feet to the point of beginning.
Together with all improvements and appurtenances thereon.
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4. Buyer failed to pay the monthly installment due on October 15, 2006, as required by
the Agreement.
On October 28, 2006, seller, pursuant to Paragraphs 16 and 17 of the Agreement, gave
written notice to the buyer of their default in failing to make the installment payment due under the
Agreement on October 15, 2006.
5. As of the date hereof, buyer has failed and continues to fail to cure the default
referred to above. Buyer has also failed to pay the November 15, 2006, monthly installment. In
addition, Buyer has informed seller that they are unable pay any further installments as required by
the Agreement.
6. Buyer, having failed to cure the default within the 30-day period provided for in
Paragraph 16 of the Agreement, has forfeited all of their rights and interests in and to the property
under the Contract and Agreement.
7, Therefore, all right, title and interest in and to the property is now owned by seller
David Bruce Hendrick and Susan K. Hendrick, husband and wife,
DATED this 30th day of November, 2006.
I~~~
Subscribed and sworn to before me by Gerald L. Goulding this 30th day of November,
200!.
ROGER J, COl....... "WOTARy'pÚíìLic' )
COUNTY OF STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES JANUARY 29, 2008
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~ Nc¡fÁRY PUBLIC
My commission expires: / -:J... 9-rJ <¡(
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