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Home My WebLink About932061 1 /¡ J l <1/ i0 --_.~--_..._,---.-...._-_.__._.._----_..._---_..._-_.-- Memorandum of Agreement çj~ 000544 KNOW ALL PERSONS BY THESE PRESENTS that a Contract for Deed, hereinafter referred toasthe"Agreement,"wasmadeandenteredonthe Z~/D--c:·-'l day of August 2007, hereinafter referred to as the "Effective Date," by and between Darryl Hoxie and Katrina Hoxie, , husband and wife, of P.O. Box 80S, Thayne, Wyoming 83127, hereinafter referred to as "Seller," and Tres Rios, LLC, a Wyoming limited liability company, of P.O. Box 1010, Jackson, ~ Wyoming 83001, hereinafter referred to as "Purchaser:' ~ WITNESSETH: That the Seller hereby agrees to sell to Purchaser and Purchaser hereby agrees to purchase ftom Seller the following-described property situated in the Town of Alpine, County of Lincoln, State of Wyoming, hereinafter referred to as the "Premises," and more particularly described as follows: 542 Airport Drive, Alpine, Wyoming, and more specifically described on Exhibit "A," attached hereto and incorporated by reference herein. Together with and including aU improvements thereon and aU appurtenances and hereditaments thereunto belonging. Subject to all covenants, conditions, restrictions, easements, reservations, and rights-of-way of sight and/or record. 1.01. Nature of Agreement The Agreement sets forth the tenns upon which Purchaser will purchase the Premises ftom Seller and Seller will sell the Premises to Purchaser. Upon the expiration of the Tenn of the Agreement, and provided that Purchaser is not in default with regards to the Agreement, Seller wi1l convey title to the Premises to Purchaser by Warranty Deed. Provided, however, that Seller shall not be required to warrant title against any person, finn, or corporation claiming by or through Purchaser. 1.02. Term of Agreement The tenn of the Agreement shan commence on the Effective Date, and shan run until the 1st day of September, 2008, unless sooner terminated or longer extended by the mutual written agreement of the parties hereto, provided that sufficient additional consideration is provided for such tennination or extension. 1.03. Taxes, Utilities and Insurance Pursuant to the tenns of the Agreement, Purchaser shall satisfy and pay all taxes, utilities and insurance related to the Premises, and incurred subsequent to the l.12 day of August, 2007. 1.04. Seller's Assignment of Right of Redemption The Agreement is entered into upon the express condition that Seller assigns to and designates Buyer as the successor in interest and assignee of, in and to SeUer's right of redemption accorded to him under the laws of Wyoming that, in the event of a foreclosure of the Premises at anytime during the tenn of this Agreement, as a person whose real property has been sold by virtue of an execution, decree of foreclosure, or foreclosure by advertisement and sale pursuant to Wyoming Statute § 1-18-103(a). Memorandum oC Agreement Page -1 oC3 ci W ~ ffi a. ~ ~ ~,,""II)ct:~ I.Ö CD .. Zw ~ -OW C'O(\I(!)(!)~ ,....M«~ct: gcna..::>W ð=lt: Wd ~(!) ~~ OO~coU5z ß~:g·::> >~.. 8 -w~ w 0 z oct:o -' W CD 0 a:: §t ::; 1.05. Disposition and Encumbrance by Seller Seller shall not dispose of the Premises, through sale, lease, or other conveyance, during the term of the Agreement. Seller shall not in any manner encumber the Premises during the term of the Agreement. 1.06. Remaining Terms of Agreement 000545 The remaining terms of the Agreement are of a private nature between Purchaser and Seller and are fully set forth in the Agreement. This Memorandum of Agreement is not intended to replace or supersede the Agreement, but rather is simply intended to place the world on notice of the Agreement between Purchaser and Seller. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement. SELLER: Darryl Hoxie and Katrina Hoxie, husband and wife PURCHASER: TRES RIOS, LLC, a Wyoming limited liability company ~~ GatTet Edington, Member Chris Flanagan, Member Emily Edington Flanagan, Member {CERTIFICATION ON FOLLOWING PAGE} Memorandum of Agreement Page-2of3 ·-.:.-.----...----.-.-------.-------'--..-.-.-.--------.--.-., STATE aF WYOMING } . \ ss. County of t- flJCOl.- N } The foregoing Memorandum of Agreement was acknowledged before me by Darryl Hoxie and Katrina Hoxie, husband and wife, on this {o'f'1-t...-day of August, 2007. Witness my hand and official seal. 000546 f'---""'" -,,,,,,~":"":"".".'" ''''',.'''/'/''rÿ':/:-" "'~',.,.".....~ I,~'" r·....f" J ..,... '.Il'·' 't" \',("-"" 1''''''1 ""1 '?' !~ " 7\t":'!,··..\ ¿. 1h 7!_.~.: ··.!;..,i....\¡~\: ~"1..1~,~!.... ., C,,,·;.., 'I~ ~a~;"'C' ~"l+:' ,-)'<, ~ '.. ',j, 1 l: ,....., ,',\ 'L' '.~ ,- -. ~ 'f\:~C>¡ {it'~ ALWyoiIJinJ :, , ,; ;:;.,'.:.:::",._~, ,', "'".:.c. I '0 J:' '\ , M\ ",,,,,....,,",JI.,:. ',J to¡ ?/:::;;!J,~ \. \..;',:, ".: . "...... ...':)...r..... ......' "': r·...- ... ..' .............7', ".;., '::,1"". _.~ . ,..J ~--.~rL--- Notary Public for the Stat fWyommg My Commission Expires: I D ŽC;- / ÞOO ì STATE OF WYOMING County of ss. TETON} The foregoing Memorandum of Agreement was acknowledged before me before me by Chris Flanagan, Emily Edington Flanagan, Gary Edington and GlIlTett Edington, as Members of Tres Rios, LLC, a Wyoming limited liability company, Purchaser, on this day of August, 2007. Witness my hand and official seal. Notary Public for the State of Wyoming My Commission Expires: [SEAL] Witness my hand and official seal. [SEAL] Notary Public for the State of Wyoming My Commission Expires: Memorandum of Agreement Page-30f3 .._--------_._.._~ --- EXillBIT "A" 000547 That part ofGLO Lots 1 and 2, and that part of the E Y2 NW ~ of Section 19, Township 37 North, Range 118 West, Lincoln County, Wyoming, including part of vacated Lot 44 of Alpine village Subdivision No.1 Plat 2 Amended of record in the Office of the Clerk of Lincoln County as Plat No. 264, and all of that tract of record in said office in Book 606 Photostatic Record on Page 840 described as follows: BEGINN1NG at the Northwest comer of said Lot 44; Thence North 67°06'35" East 55.09 feet, along the North line of said Lot 44, to a point; Thence South 29°03' 31" East 125.34 feet, to a point; Thence North 68°13'44" East 11 0.95 feet, to a point; 111ence South 68°53'36" East 198.95 feet, to a spike; Thence South 24°07'22" East 262.55 feet, to a spike; Thence South 00°00'04" East 191.98 feet, along a line parallel with the East line of said GLO Lot 2, to a spike; Thence South 71 °34'44" West 31.62 feet, to the Northerly most rebar of Lot 46 of said Plat No. 264, on the East line of said GLO Lot 2; , Thence South 00°00'04" East 107.37 feet, along said East line, to the Southeast surv-kap of said tract in Book 606; Thence South 89°58'lS" West 498.75 feet, along the South line of said tract in Book 606, to a surv-kap on the Palisades Reservoir Take Line; Thence North 07°55'59" West 280.84 feet" along said Palisades Reservoir Take Line, to a comer; Thence North 08°44'33" East 394.27 feet, along said Palisades Reservojr Take Line. to the CORNER OF BEGINNING.