The URL can be used to link to this page

Home My WebLink About933263 Re/Max Advantage Homes and Lands 91 US Hwy 89 Suite A Alpine, WY 83128 Phone: (307) 654-0030, Fax: (307) 654-0033 000738· AGREEMENT TO AMEND/EXTEND RECEIVED 9/19/2007 at 12:11 PM RECEIVING # 933263 BOOK: 672 PAGE: 738 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Prepared: Al1aust 08, 2007 AlJ);i.nQ , Wyoming This is an Agreement to AmendÆxtend that Contract to Buy and Sell Real Estate dated ray 21. 2007 between Daniel A11phin BxuC8 Davia :Buyer) and Lennie Sorenson :Seller) (a copy ofwrnch is attached hereto and incorporated by this reference into the body ofthis document as ffuIly set forth herein) pertaining to the property described as; l17.51 acre., Tax ID #3418-32-1-100-284, Bedford, WY A. EXTENSIONS All dates set forth in that Contmct to Buy and Sell Real Estate shall remain the same except: 1. It is hereby mutually understood and agreed that the dates set forth therein shall be extended as follows: (a)\~~~pp~~~n~Ò~~~À\\\'\~~1b\b~~\\\\\~Y~~\\\\\\ ~~~~~~hìðst}ðèèÐ\ñtttt)èdènt~b~~Y~\\\\\\\\\\\\\"\\'\\~b\~~~\\\\\\\\\,\"\\\"\,~ (c) For closing from on OJ: before 9/10/07 to on or before 8/23/01 . ~}\Fò~pò~~~&îbn'~\rt~\\\\\\\\\\'\\\\\\'\\~hY~'\\\\\\'"\\\,\,\\\ . ~~\\\~&'\\\\\\\,\\,\\\\\\\\\\\\\\\,\\\\\\\\\\\\,\\\\\\\\"'\"\\\\\\\\\\\\\\ \\'\\~~~Ð~èöððh~èà~hÎ1~\~~~\~)~\\\\\"\\\\\\\\\\'\\~~Y\'\\'\\\\\\\'\\\'\\\\\ \\'\\~ß}~è~kk\òn~èàd~è\ðàte'~~'rt~\'\\\\\\\\\\"\\'\\\tJ~y~\\\\\\\\\\\'\\"\\\' . 3. Other dates set forth in said attached Contract to Buy and Sell Real Estate shall be extended as follows: './. B. AMEND:MENTS All other telIDs and conditions of 1hat Contract to Buy and Sell Real Estate shall æmain the same except; ;aller .bal~ ha~ f;i.r.t r~9h~ o£ re£usal to purchase ona lot of .eller's choice of !av.lopm.n~ at developer's cost. Should development occur in phase., seller reserves t;he opUon 1:0 cboo.e lot of choice in phase of aho.:Loe. ~is agreQmQnt shall remain in effeot in the evant th~. land is sold to another devwloper. EPARED BV: Ellln E. Spesrin, Sales Associate ~R Form 800, Agreement to Amend/Extend. Wyoming As&ociation of REAL TORsqþ )00 Wyanlng Association of REAL TORS8 8IF/Rë"M~~ ,¡,£T1-ë· 'ÄU g, 13,'3·20-07'" "3: 4'6 pMt'N ô,-14Ò'2"ager, R~~van1age Homes and Lands fur(s) í.i:I!i!I.- ~ 08113101 14.32.56 PageJÀf Seller(s) ~ nu~ ~..:J Cl-'" I r; "I'~rn nr Ln;:II::.K.Jt:. I rn.... .:IUf-b:;:)"t-UUbb p.;;, C. OTHER 000739 1. This Agreement has been executed in multiple copies and my signature acknowledges my consent and agreement to the terms hereof and that I received a signed copy at the time 0 f signing. 2. All representations made in the negotiations of this sale have been incorporated herein, there are no verbal agreements between Buyer, Seller and/or any Brokers to modify terms and conditions. ~3. Initial III A- :()- BUYn a~?# 4 DIIn.i . JU~ph.i.n ~, BUYER ~(. .o.c; TIllS IS A LEGALLY BINDING CONTRACT, IF YOU DO KOTUNDERSTAND TIlE TERMS AND CONDITIONS, CONSULT LEGAL OR OTIIER COUNSEL BEFORE SIGNING. W'Il'NESS ~6tl~ ~ø~ DA~ gJ3~7 <¡?¡j:s/~ 7 ( I WITNESS D.A~ Bruce Dav:L. SBLLBR ~---i ~ WI"''' ~;;6 ¿.~~ Lenni. Sor.naon DATE <ß[t 3¡h 'l- 6\1pu& 0JV.i) ~d ~ I1\Q ~ \~~ ~ 01 ~~ Òt\),:\ ~ ~ ~ Qv\& ~ Œwi6. CHERYL A. JONES - NOTARY PUBliC County of SIBle of Lincoln Wyoming My Commission Expires Feb. 4, 2009 EPARED BY: Ellln E. SpHrtn, Sal.. Associate ~R Form 600, Agreement 10 Amend/Extend. Wyoming AS&OCialion of REAL TORS~ JOCI WyomIng Association of REAl TORSIBI alF·R e c e i ve d Tim e', Au g, 13. 8·200 7ar 3: 46 p~ IN 0, 140 2lnager. ReIMax Advantage Homeund Lands 08113/0714:34:21 Pege Z at C. -- OTHER ,000740 1. This Agreement has been executed in multiple copies and my signature acknowledges my consent and agreement to the terms hereof and that I received a signed copy at the time of signing. 2. All representations made in the negotiations of this sale have been in corp mated herein, there are no verbal agreements between Buyer, Seller and/or any Brokers to modify terms and conditions. jL3. Initial THIS IS A LEGALLY BINDING CONTRACT, IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS, CONSULT LEGAL OROTIIER COUNSEL BEFORE SIGNING. BUYER WITNESS DATE Daniel Allphin BUYER WITNESS DATE Bruoe Davis SEIJ.ER ~~ ~ WITNESS ~. 6 ~ Lennie Sorenson DATE W3/n7- .6\~ ~à ~6b ~~~mu-~t~~ Cll.\ß~ a~1 \o~ ~ ~ CHERYL A. JONES - NOTARY PUBUC County Of. State of Lincoln Wyoming My Commission Expires Fob. 4, 2009 Po-+Ðu-~ "REPARED BY: Eilin E. Spearin, Sales Associate NAR Form 800, Agreement to Amend/Extend. Wyoming Association of REAL TORS® 2000© Wyoming Association of REAL TORS® ~eaIFA$T® Software, ©2007, Version 6.16. Software Registered to: Office Manager, Re/Max Advantage Homes and Lands 08/13/0714:34:21 Page 2 of 2 - --.-- '----yJl- rf.-" 'If ~- RE/MAX Results 45 W. 10000 So. #201 Sandy UT 84070 Phone: 801-352-8355, Fax: 801-352~7657 000741. CONTRACT TO BUY AND SELL REAL ESTATE (FARM & RANCH) (VACANT LAND} Prepared: Mav 21, 2007 Afton , \oVyomil1g I. OFFER TO PURCHASE dated Hav 21 , 2007 from Bruce t-l Davis Daniel M Allphin 2 ("Buyer"), to Sorenson ("Se1Jer"). Subject to the provisions of this offer, jf accepted by Seller, Buyer agrees to buy and Sell&¡ agrees to sel] the foJl"'.-r'jj.lg 4 descrjbed real estate sitllate in the County of Lincoln , Wyoming, commonly lmown as Lenny Sorenson Property (Aprox. 117 acres) Bedford Wyoming. 6 and more particularly described as: 7 Deed, Plat and/or surveyed legal to be attached by Listing agent and called "Exhibit A". All of the Sorenson Property in Section 32. S with all improvements thereon, easements and other appurtenances and al1 fixtures of a permanent nature currently on the premises 9 except as hereinafter provided, in their present condition, ordinary wear and tear excepted, and including all personal property described iO l1erein (hereinafter "Property"). 1J II. EARNEST MONEY. Buyer delivers $ 20,000 in the tòrm of Check :2 Broker working with the Buyer, Re!Max Results LLC (SeJIing Broker's l'-lame), 13 'select one): 14 0 herewith, which Broker working with the Buyer acknowledges having received, or j5 l8! no later than 48 hours after mutual acceptance hereof 16 Usting Broker, Re/Max AdvantaO"e of WvominQ" shall deposit slicb funds (in its trust account) or (in an appropriate trust 17 account with Tide Company of Seller' 5 choice as closing agent) (select one) by close of the next banking day following 18 its receipt from Broker working with the Buyer, or from Buyer, and shall retain such fLmds in such aCCOlmt. If the eamest money 19 deposit is not received as described in this see-tion, this contract shall be void. Listing Broker shall not disburse such deposit until 1G Buyer's check has cleared Buyer's bank and. if this otter has been accepted, until closing or until the parties hereto have otherwise 21 agreed in ""Tiling regarding disbursement of such funds. 22 III. PURCHASE TERlVIS. Buyer agrees to buy the above-described property upon the following terms and conditions and for a 23 purchase price of($ 1.100,000 ) one million one hundred thousand 24 Doilars payable as follows: 25 S 26 $ 17 $ 211 :£ 29 $ with 20 , 000 eamest money deposit; and at ieast 825 , 000 by obtaining a new loan (per Section IV A); andlor nla note and mortgage to Seller (see Section XV Additional Provisions for Terms); and/or n/ a «()the7~ n/ a 255 , 000 (approximate) balance of pW'chase price to be paid in cash, cashier's check, electronically-transfened or certified fundc; at closing. 30 31 1\l. LO..t\.N TERlVlS. " A.. If a ,\e\N loan is to be obtained, describe and add special terms, if any; Loan TypelT erms 33 Vacant Land Fínancing 34 Said loan to be amortized for a perjodof 1.L- years at an initial interest rate not to exceed 10 % per annwn resulting in initial 35 (I¡¡ooth!y) (ai-¡{1ÚMy (select one) payment ofprincipa! and interest of approximatèJy $ 8,865.49 36 If Buyer agrees to accept and can quaJifY for temlS other than the above, the approval of the Seller shan not be required, provided the 37 SeHer incurs no addition a] ex.pense as a result thereof. 38 V. LOAN APPLlCA nON. If a new Joan is to be applied for by Buyer, Buyer agrees to: PREPARED BY, Daniel Allphin, Assodate Broker WAR Form 320-1206 Contract to Buy and Sell Real Estate·· Farm & Ranch Vac¡¡nt Land. Wyoming As¡¡ociation of REAL TORS® 2006© Wyoming Association of RE/\L TORS® ReaIFAST® Software, ©200? Version 6.16. Software Registered to Ofl1ce ,\lan"!'wr, REIMAX Resedts "!ìJ:: '7),. 11 "5/~ - '07 11' - 7 3¡; BLye({s) 'l)L2. - ....kLJ::jf:i: .... L II ,I... .) Page 'f!:l Sellar(s) 39 A. Complete and tender the loan application to lender within 15' banking days fol1owing Seller's acceptance of 40 this offer. If applicable, Buyer also agrees to cooperate with lender and complete any required steps in cor~unction with a 4'. credit report and appraisal. 42 B. Buyer shall provide a loan approval letter by the close of business on July 15, 2007 (Date). 43 "Approval" means that a firm cOl1llIlÍtment has been made from a recognized mortgage lender for an amount no less than that 44 stated in Paragraph III above. Furthermore, the letter must state that the loan has been reviewed and approved and is 45 unconditional subject only to appraisal and acceptable title as stated in Section Vlll Title, and that the Buyer's cash to close 46 has been verîfied bv lender. 47 C. Complete and pro~ptly tender to Lender any and all documents and other information required to process the appticatíon; 48 D. Not withdraw the assumption or loan application or intentionally cause any change in circumstances which would prejudice 49 such application: Accept the assumption or loan if approved by Lender at above-stated terms and cOl1ditions. 50 E. In the event that Buyer, after having complied with the requirements set forth in Section V, A through D above, fails to qua-lify 5, for such fInancing and provides Sel!er with a written letter of declination by Lender, this Contract shal! be voidable at the option 52 of Buyer or Sellcr, b;l sending written notice to Seller "I,,rithin 5 days of Buyer's notice of declination by Lender. If voided by Buyer or 53 Seller pursuant to this clause, the earnest money deposit receipted for above shalJ be returned to Buyer subject to the requirements of 54 Section II above and this Contract shaH terminate. 55 VI. CLOSLNG COSTS. 56 A. Buyer shall pay the following loan and closing costs in cash or cCltified flll1ds at closing, or on the date specifIed by lender: 57 1. Loan origination fce, discolll1t points, credit report, appraisal, inspections andior cettifications; 58 2. Any other costs of securing financing; 59 3. Any prepaid tax, 1eases/permits; 60 4. Recording fees for warranty deed and mortgage; 61 5. Fees for the title insurance policy as described in Section VIII B below. 62 6, Other: Pro-Rated 2007 Prop. Tax and Irricration fees. 63 B. SeHer shall pay the following closing costs in cash or certified fW1ds at closing: 64 1, Recording fee for any mortgage releases, deed preparation, statement of consideration and Owner's title insurance policy 65 as stated in Section VIII B below; % 2. Any costs ofrepairs Seller agrees to pay in SectioIl XI B below: 67 3, Other: Pro-Rated 2007 Prop. Tax and Irricration fees. Cost of survev. 68 C. CJosing fee shall be paid by (Buyer) (Seller) (delete inapplicable): Split even::' v fee of 200.00 69 D. General taxes for the year of closing based on the most recent assessment shall be apportioned through date of closing. 70 E. Irrigation assessments will be paid as follows Prorated for 2007 71 VII.ITEMS INCLUDED IN PURCH.ASE PRICE. 72 A. Price shall include all fixtures clinently on premises, including but Dot limited to, ..~, ~~þi¡dg~, ì3 all outdoor plants, .~~ y.eíµ.i1:"~.I~tu'ßS a:n:à-pva¢~ CØ"'~ ~~ ~p:t.Iÿ~1:Rl-fJek¡r 74 ~,S~..tI;lcl,p.;WS ¡¡,¡:t$kkJer<~ ~~amt"~~~~' 75 r$; ~~~~ls (if owned by Seller),.attac~.Q-tS.¡ ~ ~(ifowned by 76 SeHer), ~~(if owned by Seller), ~teve(s) am:1::-fu-ep:&roe-mset:t9;-gates, auto gates/cattle guards and irrigation/domestic 7Ï water systems, stock tanks (delete items not included) 73 None 79 PROVIDED, HOWEVER, that the following fixtures of a permanent naiure are to be EXCLUDED froro the saJe: so None 8 ¡ Seller agrees to remove all such excluded fIxtures in a workmanlike maImer without causing damage to the premises, on or before 82 the date of possession or closing, whichever is sooner. Any such damages shall be repaired at Seller's expense. 83 B. The price shaU also include the following personal property items currently on the premises: 84 None 85 in the condition as stated in Section X below. 86 C. To include the following air rights: 87 All that run wi th land 88 D. To include the following mineral rights: 89 All that run with land 90 E. To include the following leases, agreements and permits (surface damage, grazing, water discharge, oil and gas, etc.): 91 All that run with land 92 F. To include the following water rights (groillld, Sill' face, reservoir, pipeline and stockwater): PREPARED BY; Daniel Allphin, Associate Broker WAR Form 320-1206, Contract to Buy and Sell Real Estata - Farm & Ranch Vacant Land. Wyoming AsSociation of REAL TORS® 20000 Wyoming Asso<:íation of REAL TORS® ReaIFA$;.:if-are. ©2007. Version 6.16. Software Registered to: Office Manager. RE/MAX Results 8uyer(s). . ~ 05121107 11::7:36 Page Z -f-) Seiler(s) - 93 Seller will include any and all water appurtenant to the property and personally owned. 94 G. To include the following growing crops: 95 All that run with land 96 9; VIII. TITLE. 98 A. Title shall be conveyed to the following named Buyer(s): Daniel M. Allphin and Bruce M. Davis 000743 99 as (Eldl6Æ:HdJfd'i)( t'};:hiiliah'cYárÚ{ W:ifét,. (Joint Tenants with Rights of Survivorship), (Yidahti U Ktddrfridr!){ (.IL.lie{1 (J1a'rfdetsM~1 100 (<lø¡þbfát1øiY. (l"vMt} (Buyer Delete all except one.) 101 B. Seller agrees to furnish, at SeHer's expense, a current commitment for an Owner's title insurance policy in an amount equal 1D2 to the purchase price, showing merchantable title in Seller. Seller agrees to deJiver the title insurance commitment to Buyer no later than lU3 Jl,me 30, 2007 , and deliver the policy to Buyer without unreasonable delay after closing and pay the premium J04 thereon at the time of closing, Buyer, within 7 days of receipt of the title insurance commitment shall identif)' and provide 105 to Seller, in vVl"iting, notice of any title defects which Buyer is requesting be addressed before closing. Buyer shall pay for any 106 Mortgagee's title policy and any endorsements required by Lender or Buyer. 107 C. Title shall be merchantable in Seiler. Seller agrees to execute and deliver a general warranty deed, or N/A deed, IOS including the release and waiver of all homestead rights, if any, and a good and sufficient bi II of sale to Buyer conveying said real al1¿ 109 personal properties. Title shall be subject to general taxes for the year of dosing, local improvement districts, guaranteed revenues to 110 utility companies, building and zoning regulations, city, county and state subdivision and zoning laws, easements, restrictive covenants, J I) and reservations of record and the following additional encumbrances which shaJ NOT be released or discharged at closing: 1.:2 No Additional ) ,3 D. Except as stated i.n Section VITI C above, if title is not merchantable or othenvjse recQrdable and written notice of such defects 114 in tiUe is given by Buyer to Seller or Listing Broker within the time herein provided for deEvery of deed and shall not be rendered 115 merchantable within 30 days after sucb written notice, then this contract, at Buyer's option, may be specifically enforced or JIG may be declared void and of no effect, and each party hereto shall be released from all obligations hereunder and the payments ) [7 made hereunder shall be thereupon returned fOlihwith to Buyer; PROVIDED, HOWEVER, that in lieu of correcting such defects, 1:8 SeHer may, within said 30 days, obtain a commitment for Owner's title insurance policy in the amount of the purchase price J 19 reflecting title insurance protection in regard to such defects, and Buyer may elect to accept the then exjsting title insurance 1~0 in lieu of such merchantable title, ín which case Buyer shalJ be deemed to have waived such defect. Seller shall pay the full 12ï premium for such Owner's title insurance policy. 122 E. The surface estate may be owned separately from the Lmderlying mineral estate, and transfer of the surface estate does not 123 necessarily Ínclude transfer of the mineral rights. Third parties may hold interests in oil, gas, other minerals, geothermal energy or 124 water on or under the property, which may give them rights to enter and use the surface of the property. Such matters may be excluded 125 from the title insurance policy. Buyer is advised to timely consult legal cOlUlsel witll respect to such matters. 126 F. Buyer aclmowledges and agrees that Buyer has been advised to carefully review the tit]e commitment and aJl exceptions, . 127 encroachments, covenants, casements, and related matters described thcrein or otherwise identified. l2$ IX. CLOSING AND POSSESSION. 129 A. Closing shall occur on Auqust 30, 2007 , or as Dtherwisc mutually agreed in writing between the parties, 13G at·a time and place which shall be designated by Listing Broker. Seller, at Seller's option, may continue to offer subject property for 13J sale until cJosing. Seller understands, however, that any additional offer accepted may subject Seller to remedies provided by law for 132 breach of this Contract. 133 B. Possession shall be delivered to Buyer on Date, Time of Close , n/a a.m./p.m. or as otherwise 134 mutually agreed in writing between the pmties. If Seller fails to deliver possession by the date herein specified, Seller shall be subject 135 to eviction by Buyer. This remedy is in addition to any other remedies Buyer may have. 136 C. Possession shall be subject to the following leases or tenancies: ;37 Any Lease agreements or Documents to be provided to buyer with acceptance. i38 1. Copies of all leases and/or tenants' written verifications of rental terms, security/damage deposits and status are attached 139 hereto and accepted by Buyer. Seller agrees to notify Buyer of any change in tenant status immediately. l40 x. CONDITION OF PROPERTY. 141 A, Seller represents that upon executíon of tllÌs Contract: 142 1. There are no kno'vVll violations of applicable city, COW1ty and/or state subdivision, zoning, building and/or public health 143 codes, ordinances, la\"s, rules and regulations and any recorded covenants in force and effect as of that date cxcept: 144 No Exceptions 145 NOTE: W11ether a property meets the above codes, ordinances, laws, rules and regulations is a technical question which 146 may require special expertise. If the Buyer has concerns about these issues, the Buyer should contact the applicable :>REPARED BY: Daniel Allphin, Associate Broker NAR Form 320-1206. Contract to Buy and Seli Real Es:ate - Farm & Ranch Vacant Land. Wyoming Association of REAL TORS® 20000 W~fomìng Association of REAL TORS® ~ealF A$T® Software. ©2007. Version 6.16. Software Registered to: Office Managor. RE/MAX Results 3Uyer(s~ ~ 05/2,/0711:17:36 Page 3 q~ . 8eller(3) ---4-L 147 i48 ]'19 departments of the city, county, and/or state or retaÜ1 aorm with specialized expertise to investigate the issue. 2. The property, and all fixtures, appurtenances and improvements thereon, shal! be conveyed in their present condition, ordinary wear and tear excepted, unless otherwise agreed in this Contract. 3. Property Disclosure. (Initial a or b). a. The condition of th.£...property is as stated in thc Propelty Condition Statcment(s)/Supplement(s): !ð WAR Form 900F, U additional supplements (Check appropriate boxes): o An accurate and complete copy of which is attached hereto and incorporated herein. b. A Property Disclosure is not available. 150 J 151 -----.... 152 Initial InitiaI 153 154 155 l11Ìtial Initial 4. Buyer may, at Buyer's option and expense, inspect the property as provided in Section XI INSPECTIONS below. B. Buyer acknowledges and agrees that, upon execution of this Contract: 1. Buyer is not relying upon any representations of SelJer or SeIler's Agents or representatives as to any condition which Buyer deems to be materia] to Buyer's decision to purchase this pro pert)'.; and 2. Buyer has been advised by Broker working with the Buyer of the opportunity to seek legal, financial, construction, air quality (such as mold) environmental (such as radon and lead-based paint) and/or professional property inspection services regarding this purchase. XL INSPECTIONS. A. Buyer may obtain, at no expense to Seller, electrical, mechanical, structural, air quality (such as mold), enviromnental (such as lead-based paint, radon), and/or other inspections of the property by qualified professional inspectors andlor engineers, and shall pay for any damage to SeHer's property caused by such inspectors and/or engineers. Buyer, or designee, shall have the right to make any inspections of the physical condition of the property at reasonable times, upon at least 24 hours advance notice to Seller. Unless Seller receives written notice, signed by Buyer on or before July 15. 2007 , 5: 00 a.mj~ObjectionDeadline) of any d~fect(s) the property shalJ be deemed satisfactory to Buyer. B. If inspections disclose defects of the property before the objection deadline set out in XI A, the cost of repairs shaJ] be paid by agreement of the parties. If the parties are unable to agree on payment of additional costs, this contract shall be voidable at the option of Buyer, upon written notice to Seller no later than .!July 30, 2007, 5: OOa.mj~esolution Deadline). C. If Buyer elects to void the contract in accordance with Section XI (B) above the earnest money ëréposit shalJ be retLUTIed tu Buyer pursuant to the requirements of Section II above. D. Waiver of Defects. Buyer acknowledges that he has had ample opportunity to inspect the property and has done so to Buyer's satisfaction. Other than repairs or defects submitted to the Seller in writing pursuant to XI (A) or (B) above, or in the event no repairs or inspections are required by Buyer, Buyer accepts the property in its entirety in "as is, where is" condition without any implied or express w<llTanty by Seller or by any Broker. XII. USDA GOVERNMENT PROGRAMS. (Check One) o Sel1er does NOT participate in USDA Govemement Programs o Seller DOES participate in USDA Government Programs AU beneficial interest that the Seller has in the crops wiU be transfen-ed to the buyer on the day of closing. Buyer agrees to maintain any existing contracts established with the Fam1 Service Agency, Naturally Resource Conservation Service and or cooperating agency. Conservation Reserve Program contracts will be assumed and maintained by the Buyer with all payments prorated to the day of closing by the Farm Service Agency. On the day of closing both Buyer and SeHer wilJ contact the Farm Service Agency and Nattu'al Resource Conservation Service to update ownership records. XIIJ. RISK OF LOSS. Risk of loss shall remain with SelJer until delivery of deed. In the event that the premises shal1 be damaged by fire or other casualty prior to time of closing, in an amount of not more than 10% of the total purchase price, Seller shaH be obligated to repair the same before the date herein provided for delivery of deed. In the event such damage cannot be repaired within said time or if such dan1age shall exceed such sum, this contract shall be voidable at the option of Buyer. Should Buyer elect to carry out this Contract despite such damage, Buyer shall be entitled to all of the insurance proceeds resultíng from such damage. XIV. DEFAULT, RElVIEDIES AND ATTORJ'TEY'S FEES. A. TIME IS OF THE ESSENCE hereof, and any party who faDs to tender any payment, or perform any other condition hereof as herein provided, shan be in default of this Contract. In the event of default, the non-defaulting party may elect to either treat this Contract as breached and recover such damages as may be propel'. B. In the event that any party shalJ become in default or breach of any of the terms of this Contract, such defaulting or breachil1g party shall pay all reasonable attorney's fees, costs and other expenses which the non-breaching or non-defaulting party may incur in enforcing this Contract with or without formal proceedings. This provision shall not limit any other remedies to which the parties may otherwise be entitled. e. SeBer agrees that in the event of any controversy regarding earnest money or things of value held by Broker, unless Broker receives written instructions from both Buyer and Seller regardÍIlg disposition of the eamest money or things of value, Broker, in its sole discretion, may hold the earnest money or things of value or may interplead all parties and deposit the earnest money deposit or things of vaJue into a court of competent jurisdiction. Broker shall be entitled to recover its attorney's fees and costs from tbe losing party in the action in which the funds are interplead, but jf no such award or payment is made, Broker shall recover its COilli costs and reasonable attorney's fees from the interplead funds or things of value. 156 157 J58 159 160 ]61 162 163 J64 lé5 166 :67 168 169 170 171 1Î2 (73 ]74 175 176 177 178 179 180 181 182 183 tBoll 185 186 187 IS8 1:!9 IYO ]91 192 193 194 195 196 19ï 198 199 200 201 202 203 204 205 206 207 REPARED BY; Daniel Allphin, Associate BrokEtr 'AR Form 320-1206, Contract to Buy and Sell Real Estate - Farm & Ranch Vacanl Land. Wyoming Assoctation of REAL TORS® 806© Wyoming Association of REAL TORS® eaIFA$~re. ©2007. Version 6.16. SoftwBre Registered to: Off"¡ce Manager. ~ElMAX R.esults uyar{s) ,{?.-1I:Jt.- 0512 ¡{07 1117.36 Page 4 13- Seller(s) -:JL ..-...... -- - - - - -, 000745 J^ xv. ADDITIONAL PROV1S10NS. 1.. This sale ~s subject to the satisfactory results of the investigations and inspections to be performed by the buyer or the buyers designee prior to the inspection date of July 15 2007. To include ver~fication that none of this subject property is within the 100 year flood plain. Buyer may at buyers option cancel this agreement at any time and for any reason prior to the July 15, 2007 upon written notice to seller 0= Seller's agent. In the event buyer cancels this agreement under this provision all earnest monies will be returned promptly to buyer with no further signatures required. ")(¡ 2. Buyer ~s hereby advised subject property has no current nor proposed centralized: Public water system Public sewer system Public maintenance of streets or roads. 3. This sale may be part of a 1031 Exchange by Buyer_ Seller will cooperate with buyer on and IRS Code 1031 Exchage, at no expense or Inconvenience to Seller. 4. The subject property will be surveyed at the expense of the seller with corners being flagged for buyers inspection and approval p~ior to the inspection date of July 15, 2007. All pa~ties agree the total acreage amount will be at least 117 acres, if property is found upon survey to be less than 117 acres buyer reserves the right to renegotiate price with seller. 5. In the event Seller is interested in Seller financing upon same or similar terms as stated herein buyer would be interested in this option. 6. Seller is aware that certa~n principles and/or representatives of buyer are licensed real estate agen 7. Seller will cooperate and s~gn all necessary documents needed for country approval, support zon~ng, e· ~I() XVI. ADDENDA ATTACHED; (Checl, all that apply.) !II o Easements o Covenants o 1031 Tax Deferred Exchange Notice o Evidence of Authority o Other: nl a !Iè 0 Lead-Based Paint Disclosure èl3 0 Addendum for Additional P"ovisíons èl4 181 Rcal Estate Brokerage Disclosure Form w 0 Consent Amendment & in-Compau:y Transaction Disclosure ~ I~ 0 Property Condition Disclosu rc : 17 ,., _.::- XVII. CONSENTS AND ACKNOWLEDGEMENTS. A. All prior representations made in the negotiations of this sale have been incorporated herein. and there are no oral agreements or representations between Buyer. Seller or Brokers to modify the terms and conditions of this Contract. B. Brokers arc authorized to disclose infontmtion regarding this sale. and terms thereof. for comparable sold data and statistics to any Multiple Listing Service, Board of REAL TORS()]) or potential clients or customers. but only after the closing of this transaction. C. This Contract is executed in multiple copies and by their signatures hereon each party acknowledges receipt of a signed copy at the time of signing. Signmure pages transmitted by telecopier or electronic transmittal via scanned pdf copy shall be deemed to bc original signature pages with the sam\: legaJ effect as manual signatures. with original signature pages to follow. D. Daniel M. Allphin (Broker Working with tbe Buyer) hereby discloses that it is working with the Buyer as (S!'€t1Yet~1 Âgévftl¡ &ldlYoi'Us¡'¡,{liig"ei'"iY (BuY'cr's Agent) (Jil.ldr&ddhíPý.1. (delete all but one) and will be compensated by (Seller) ~Iá:fárìj (or n/a ) (delete all inapplicable). Buyer and SelicI' have consented to that arrangement. Buyer has received, read and acknowledged a Real Estate Brokerage Disclosure and an executed copy of the Disclosure is attached hereto. BrokcL working with Buyer hereby delivers to Broker working with the Seller. a copy of the cxecuted Real Estate Brokerage Disclosure. b- ..,.., j1" fr Q 0s1. XVIIi. OfFER BY BUYER. .j....u.. v 1?i'l'v 1"~ ¡fthis offer is accepted by Se1!e:' ill writing on or before ~ :;;;f, 2007 . at 5: 00 A.M.~ the panies hereto. their heirs, successors. representatives and assigns shall become bound to the terms hereof. TH1S IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS, CONSULT LEGAL OR OTHER COUNSEL BEFORE SIGNING. ~\N 21~) 210 :~, :~:; ~")J :~5 :2(1 227 :2~ :.~(} 230 231 --'. -~,.. 235 :!3( .,....., ..:.J' 'REPARED BY: Daniel Allphin. Associate Broker "JAR Form 320·1206. Contract Lo Buy and Sell Real Estate Far'" & Ranch Vacant Land. Wyoming Association of REAL TORSi!!) ~006© Wyoming Association of REAL TORS® ~eaFAST® Software. ©200ï. Version 6.16. Software Registered to: Office Manager. RElMAX Results 11- /"ì~ .... ., nt:../?1/n7 "1'17-';\,:0 Page 5:\,f 7 RE/MAX Results 45 W. 10000 So. #201 Sandy UT 84070 Phone: 801-352-8355, 000746 Fax; 801-352-7657 By ~&U{f~ Sign~ '. Daniel Allphin ~/21 /07 Date ~~e ~-u.c-< ;:;'?t- &~-; DATE :5'. ¡!I~o7 NITNESS BUYER Bruce M Davis Bus.#; 307-248-0437 WITNESS ;W~ ediæ¿ c. BUYER ~ 7n ~C Daniel Iphin 4841 . Jonathan RD, H~ghland, UT Bus.#: 801-259-2843 DATE sjz/ ~ 7 84003 238 239 140 241 242 243 24'1 245 246 XL"X. DISCLOSURE BX L1STL~G.B~O~R. Lísting Broker nla 't"'f:~\Ç\l f't1u~ ~~* 4~,s. (Brokerage Firm), hereby discloses that it is working with the Seller as a (Seller's Agent) (H¡tfi:mle:d1ary) or (Delete One) and wi!] be compensated by (Seller) (OJ n/ "" --'" ) (Delete Inapplicable). Seller has consented to this arrangement. SeBer has received, read and acknowledged a Real Estate Brokerage Disclosure and an executed eopy of the Disclosure is attached hereto. Broker working with Seller, hereby delivers to Broker working with the Buyer, a copy of the executed Real Estate Brokerage Disclosure. L~stiDg Brokpj.· hereby acknowledges receipt of this contract to Buy and Set! Real Estate on ~'2.:z..1 O~ ,atCt .èfD @M. Flm1 n/a ~~ ~~ ~-S ~ t0J~·S Addre 247 248 "5 ~. ·ìU:-. IN <6~\~ , 0) n/a {~O':;¡"')bS'-\ -O"O'~ ~ Phone Fax XX. ACCEPTANCE OF SELLER. THIS IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT UNDERSTAND THE TERMS..AND CONDITIO~/,. CONSUL T LEGAL OR OTHER COUNSEL BEFORE SIGNING., 0£-. ~ ?E:.e ú~~ ~-J1 THIS OFFER WAS RECEIVED by me as Seller on 23 M"'1r'--_' at ~.___~/P.M. ¿f3. (Sel~tidiaTs)..f; THE UNDERSIGNED SELLER (whether one or more) ACCEPTS the foregoing offer on ______, at _ A.M./P.M. BY~, 21,9 . ~~ 250 251 252 253 ..;¡.~ 255 156 WITNESS SELLER DATE Sorenson 257 258 XX1. REJECTION BY SELLER. 259 THIS OFFER IS HEREBY REJECTED ON . at A.M./P .M. PREPARED BY: Daniel Allphin, Associate Broker WAR Form 320-1206, Contract to Buy and Sell Real Estate· Fare-, & Ranch Vacant Land Wyoming Association of REAL TORS® 2006© Wyoming Association of REAL TORS® ReaIFA$T® Software. ©2007. Version 6.16. Software Registered to: Office Manager, RE/MAX Results 05/21/0711:'7:36 Page 6 of 7 .,;/Max AdvantagE les and L; -; 91 US Hwy 89 Suite A Alpine, WY 83128 Phone: (307) 654-0030, Fax: (307) 654-0033 000747 COUNTER OFFER This is a Counter OtTer to that Comract to Buy and Sdl Real btate. dated May 21 _ 20 ~. subm itted·b~ Bruce M. Davis Daniel M. Allphin (referred to as Buyer) to Lennie Sorenson (referrcd to as Seller), pertaining to the Propel1y (" PropeI1y") described as: 117,51 acres, Tax ID #3418-32-1-100-284 I. SELLER'S COUNTER OPFER A. Seller accepts all of the tenllS and conditions set forth in the above-desi¡Lnated Contract to Buy and Sell Rea I Estate (a copy of \vhich is attached hereto and incorporated by this reference into the body of this document as if fully sd ¡brlt herein) but \vith the following changes and additions: 1. Purchase price to he 1,410,000.00 . earnest money to be $50 , 000 New loan amount of 1,058,000 . The balance of the purchase priçe to be paid in eolkctcd or immediately available funds acceptable to the closing firm. 2. Closing date to be on or before 8/24/07 . possession date to be upon disb. of funds 3. Inspection dates: Objection date to be July 23, 2007 , Resolution date to be July 30, 2007 4, Title Commitment date to be July 03, 2007 5. Other Ch,mges: See "Attachment A" attached and hereby made a part of this Counter Offer B. Seller reserves the right to continue to olfer the PrOpet1) described in the attached Contract (0 Buy and Sell Real Lstate for sale. SelJer may accept any other offer until the original. a copy or facsimile ¡¡fthis Counter Offer. duly accepted and signed by Buyer. has bcen delivered in writing to the SeUer or Seifer's Agent. Unless ulis Counter OtTer is accepted by Buyer in this manner on or before June 11 _ 20 --.!ll... at 5:00 \.~~il. p.rvl._ it shall alltol11aticall) be deemed withdrawn and void. It is e.\pressly understood that placing any such acceptance in the United Sta tes mai I or with any other form of de livery service SH ALL N 01" constitute ddi\,ery of acceptance. and that any delivery ofacceptanee I11llq be as sWted abo\e. C. This Counter Offer is c.\ecuted in multiple copies and by his signature hereon Seller acknowledges receipt of a signed copy at the time of signing. D. All prior representations made in the negotiations nr this sale ha\e been incorpor<lted herein. and there are no oral agreements nr l\?pn:sentatiol1s between Buyer. Seller and/or any Brokers which modify the terms and conditions of this Contract. THIS IS A LEGALLl' BINDING CONTRACT. IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS. CONSULT LEGAL OR OTHER COUNSEL BEFORE SIGNING. SELLER ðLYl"'^'t ~ì\..t~ DATE ~ JO'-lb1 TIME I tJ f: 1"(. .7~nson . ,. '. '~'n ....' _,___ ~_._,_._.___.______.___._._ v.. Itncss EPARED BY: Ellin E. Spearin. Sales Associate \R Form iOO-l1 05, Counter Offer Wyoming Assoc'atlon of REAL TORS@ J1@ vVyomH1g Association of REAL TORS<ID aIFAST® Software, ©200i. Version 616. Software Registered to. Office Manager. Re/Max Advantage Homes and Lands . OG/05/07 13 08 12 yens) Page 1 of 4 000748 ,~dditiona I Provisions Attachment" A" L\;'IlIUC Sorenson, Seller Bruce ¡vI. Davis & Daniel!v1. lê\1JrhÜ1, Buycr 1lïSl acres -vacantlanct Tax [D#3418-32-1-100-284 Bedford, \NY Counter Offcr to Contract Tn Buy & SeJl Rea] Estate Da [cd Ma v 21. 2007 Page 2 of 2 Contract Items Addressed: Hem 1. Offer to Purchase, Line 5 & 7: Attachment to this Counter Offer as "Exhibit An is made a part of this cou Iller offer and attached hereto in thc form of copies of recorded deeds of said property. A survey map of the 117.5 + or - acres to be FedExed to the buyer' 5 agent on June 6. Item 11. Earnest Money, Line 17: Title Company of Seller's choice "vill be Northem Title Company, Thayne, VVY Item XV. Additional Provisions: 1. Inspection date specified therein to be changed to July 23, 2007. Flood plain documentation to be provided by seller no later than June IS, 2007. As stated in #8 of above counter, $50,000 earnest money to be non-refundable as of July 23, 2007. 2. Buver is aware of the twelve foot casement from Count\' Rd. #126 that allows - " ingress and egress to the Bedford District water \ovell as referenced in the title committnent. 3. Seller wishes to participate Ü1 either a "reverse 1031" exchange or a 1031 exchange at no cost or inconvenience to the buvcr. 4. Seller will provide nagging of corners on or before July 23.. 2007. 5. Seller does not wish to participate in any form of seller finanÒng. 7. Seller will all<'l\I\-' all "due diligence" matters needed for the buyer to proceed with initiation of county approval process and support zoning. Seller will not agree to any change in the current tax or zoning designations to be effective prior to dosing date. If any excavation or alterations are made to the property' during the time frame of this contt-act and the sale does not close on or before August 30.. 2007, buyer agrccs to return to the land or any other improvenwnt on the prcrfses that was changed (i.e. fencing, sprÍ1~kler l:ines~_to the original state. ØilJ~_ __~__ Buyer's initials Buyer's initials Seller's initials Additiona I Provisions Attachm~nt "A" Lennie Sorenson, ScLler Bruce M. Davis & Danieltvf. Allphin, Buyer 117.51 acres -vacant lanet Tax 1D#:1418-32-1-100-284, Bedford, VVY Counter Offer to Conh,H:t To Buy & Sell Real Estate Dated [vIay 21, 2007 rJage 1 of 2 000749 1. N/ A means "not applicable" whcreVt~r it is used in this contract. 2. This instrument may be executed using a (~lX machine. :1. /-\11 representations of square !\..1otagc or other area dimensions are based on the best information available. but are not guaranteed. Buver shall conduct such measurements bv .......... ... their own independent means. 4. AU chronological times referred to in this conh'act, and all other documents relating to this contract, shall be deemed to be !\Iountain Standard Time or [vlountain Daylight Time, as applicable. 5. The term "banking days" are defined as \vet'kdays excluding Saturday, Sunday and Nationall...lolidavs. 6. All payments shall be made in cullected funds ONLY. ï. Loan Contingency shall be remo-ved on or before July' 23,2007. 8. Buyer is aware there \-vill be livestock on the property and will responsible for keeping them contained in respective pastures on the property. Gates "viti be closed at all times. 9. Nohvithstanding any prior contingencies set forth in this contract, all contingencies shall be removed on or before l-\ugust 6,2007. Earnest money to become non-refundable in it's entirety on August 6,2007. 10. SeIler reserves the right to continue tÖ offer property for sale until all contingencies of this contract have been re1TlOved. Back-up offers will be taken until all contingencies have been removed from this contract. 11. Se lIer wishes to (Gnlin ue to graze Ii,V e;~:Qwpe't" until O([o~ 11, 2007. Li --- - --"- ---- - - Buver's initia [5 Buyer's initials Seller's initials JuJ~n·_V· _~OJ? .2.J7.P~M R.:~a.x,,~.~:a.~Lal;..R.e~ I ~ñNDY No, 0829 P. 4 (BOl)352-(U~1 ~.2 ~AX Results 45 W. 10000 So. #201 Sandy UT 84070 Phoml; B01-352...ø356, Fu: 801-352-7657 COtJNTERq~I\' ~ CoUNTUt O.FFlJt. . (1,,Z,J, etc.) TIllS cOUN'I'EIloma SUPERSEDES ALL PRIOllCOllNTER OFFDS. THE CHANGES TO TIlE 1:r:RMs AND . . CONbmONS LI$TIJ) BELOW ALONG wrm ANY A TTACBED CONTltACr TO BUY & SELL 1ŒAL:EST An; AND/OR ADDENDUMS ARE 'CONsiDERtD A NEW 'OFFEll AND ALL PREVIOUS OFFElti AND COUNTER "OFFus ; . . ARE YOm. . . 11IIS IS A UGALL Y BINDING DOCVMENT. REAl) THE ENTIR.E DOCUMENT INCLUDING ANY AITACHMENlS. IF YOU DO NOT UNDERSTAND THE TUMS AND CONDmoNS, CONSULT LEGAL OR . OTBEB. COUNSEL BEFORE SIGNING. 'Iiûs is 1\ Co!Imtn' Offc¡r ~ U1e.. ':~\ to Bu)' md Sell RIal. Bstaœ. dalcd W&v 21 2001 ADDRESS:' . - . 111.51 ~." ~~ It '3418~~-1-100-2Øt ·~to;·'_;':.·:· . . , , LEGAL DESCJUP'I1ON: 117.51 køos. Bod.f~ ~ BUYER: ~l Brv.oa SELLER: ! Al~ U.n, . . , ~Q . ~ aoa-¡.oa . i !be pørtir$1ICCept 111 oCtile tenDS IIIld axlditions In the iIltacbcd CoaInct to Buy IIId Sell ReaI.Estate with thll fu1Jøwing dJmps: I i ' o Tbis ill . SEI.JD coater oß'er. The SeIkr.reserves the right to COiIfinue to offer the Property desaibcd ill. the anacbed Comr.:t to Buy aM. Sell 1W}. Estate for we. Soller may ~ fJJy othø; offa- IIDIil Ihc origina1., .. QOpy or fuimiIe of this ColIQtcr Offer, du.ly ~ mIi sipd by BII)1%, bas be:n delivered in writiDg to the Seller Qf Seller's Apt within the time frame specified bmf- . ŒO ~ is . Bt1YÌB. CGU.er offer. Tbc tmdersigned BUYER ""~ the right tEl ~ this COIIII1I:r oft"er 1JUtÜ tbo ori¡iMJ., a œpy or tàœimDe of this Counter Offet, duly accepted and sï,ned by SdIer. has been dioJivemi iD writiDg 10 tbe Buya or Buye¡'3 AgeD1 ",-ithia the ~ 1ia¡ue speçified herein.. CHANGES TO A-rrACHED CON']'"RACT TO BliY AND SELL REAL ESTA m (By !me ito¡p): 1NSEll't1:XP.umÄsLE LINES . Saloa priCl!l to ~ U,2S0,OOO.oo. Loc IIKtlmt to.beI $937,500. Cl_iDg Dat. to 'boo .. or blilt'on 8/30/07. hII...1Iiaa data: DpIo R8oord.tJlq ~OD dat.¡,s. ob;eot.1oo date to be ~:r 23 I Z007. Iluoluti_ date i .:I'W.r .30. 2007. '1'.1u. ~bllllI~ data: ~r 3, 2007. ! i To the c:x1eÐt tile tcbm of this CouGCa: Offa: øwdify at: colÚlÍc;t with ao.Y provisiom of tb Cœtnlc;t to Buy and Sell Real Estaœ includiDg all prior Addemclums, !he terms in this Countl:r Offer shall ccm1tOL All otMr 1l!œu of !be atIadiec1 Coœnd 10 Buy It1d SeD Real Estå iDc:fud.ioc all. prior Addmduim DOt modified b)-'1bis Counter Offer sbaU IemaÎJI !be same. All pric:r rapresentllicms made in the Dq\~ of1h!s sale han bcc:D iDc:oqIonItlld bl!rein. and thtn 'are »0 oral a¡peoIIIànI or q1I~ òetweeI¡ 'fÐ>I\RED BY: Daniel Mphin, ~ Bnliwr '1M I'onn 72Go12OG. CcIurIœr~. W¡IDI1Iinv AMoc:i&IiOn of RiAl. TORst r.rFAS~~""~, ~ .. ,s.1Iothøe R~Öotnc 10: 0!IIœ MINgei'. RE/MAX ResuIs 1PJer{."¡;arJL ~ : ;x;t11101 12:~':S1 . '1II1/i!l2 sllllt(. ....::/Z. 000750 ; Buyer. Seller andlar any Broke" ,,; , ," 'dìfy the ,erms and conditions of tbi, Coull'" Offer and the -, - to Buy and Sell Real Estate; Buy.r and ,,' ,k ."kn.wledg. ,b. t...... .....laed Ia Seetion II ..d SeeÖDD III 01 ... C.......t t.a.y ..d Sell Reol Estok m.y ch"""' ¡ flh. p. rch..' price Is .....ged "1"''' .rabls eo....r Offer. Upc>. its ~ by both parties, tbi> ~t ;s mad< ,,,.. ,~,al part of the aforementioDOd Contract to BOY and Sail Rø>l-. I UUU' I;:)",J.. If a signed acceptance is 1lJÜv 13, 200'7 ' not ,. . ., d at :) m persoll, by mail, facsimi1e or electronic tranSmission on or before (date) A.M./ PM. this Counter Offer shall be deemedto have exphed. . i ;;:l:Der~~ f' Øsellei~ - ;,. ßu~'er or SeDer Accepta~ce of Count!'\ . '. ~k\ Buyer/Seller . ., Wito..Ç2~ /~~ _ Witnes~. ' . Date Date t.hlk7 I ,. frj(,..try . Time /2. w/~ Tiroele..'lIf) f tft(, Witnes$ - _..__.-.~..--.. Date Time Buyer/S~l1er Witness Da.te TiIne . :. 'lIuyer or ' .íí,;;~;~:;¡;¡;C..~te;:-;2;;} - 56€' ~~.to 3'~ ~ 4 ~ "Wìtoe"-¿;;;~¿L"'" Date (/ìb/Ó'¡ t _..> I Buyer/Seller Witness Date I Buyer or SeUer's ReteiPt of ACCCl)lC(! . .". ,n 1'~1f Offer I Time 'f. è¡¿; ,:/.(1\...- TiIne Buyer/SeHer Buyer/Seller Witness Date Time Witness Date Time , r I , PREPARED BY: Deniel Allphin. Þ1.ociale Bro~.'" WAR Form 720-1206 Co t 0 I . , un er ffer. Wyoming ^ë.·,;,·' !' R88IFA$TiI!> Software, C2007, versiÌ:m 6.16. $or",... ". Buyltr(e) 12/ttt :I!If2- .. "! !{EAl TORS® ..'.:,. ,';Iered :0: Office M8nager, REIMAX Results 06/11/07 12:11:31 PII~ß¡ Seller(B)r ~ Jun 27 2007 11:37AM Jun 25 07 02:05p JUft.l'. ¿UUI L:jlrl\l RE/MAX RESULTS SANDY -....,. ....,..-.. (801).352 -7657 p.2 Ke:-:I ~!~a~!JJ¡,.X.;.~.H.ome$ and Land.$ 91 US Hwy 89 Suite A . Alpine, WY 83128 Phone: (307) 854-0030, Fu:: (307) 654~~ no. om P. 7 COUNTDOFF£1t, COU1'CTEJtOFBRII1- (1,2,3, *.J 11118 COtlÌ'fTEROFPU..sunøslDlS ALl.IlUQACOVNnlt. O.f1l1Ut8. 11Œc.B.\.NÇI:STO 11IE TERMS AND COM)mqrq¡ WIlD BELOW ALONG Wll1fANY ATTACHlÐ COl'fT1t.Acr TO IroY A SELL RUL EST An ANIJ..oR AIJDEl'fDUMS AJU: CONSID£Q,D ... NEW OFFER AND AU PR£VI01JS OR'ERS AND COVNnR OPFER.S AU YOID. TIUS IS A LtGALL Y B1NÐ1NG DOCUIdl.NT. lEAl) THE ENI1UOOCllMlNt INCLtIDING ANY A.'lT"~ IF YOOOO-"OTtllmEJtSTANÞ11Ø TElWS AND CONDmON5, CONSULT t.&GAl. OR 01'llD\ COt1N$ßI.. BEl'OQ SIGI'I'1NG. This is I CoI¡gfe¡- Dø.r to t1Io ea.ur. tv Bay azxI SCU RIll s-. clalll4 _ 21. 2D[]' ADDREsS: U7.5. --. ~ ØIt~41.-n-1-.00-U4, _ai, 11% pc:míI1q¡ to: LBGA1. .DõliClW'TfON: 11"1a51 &c!':ra. .I'll.. ml~'18-~-1-loa-284. a-f"-rd lIT StIVER; ~ lU.1¡IIUa __a st;1.LE.R: ~_.- The pnes~..o ollM 1ImIs - CCQd/Iiœs u.1bo ~ CoOll1lá tq Buy and Sen R.J EsuIIt with the foJ1owint chaøger ŒI nr. II .'SBI.U:II. c_eer off.... 1be Sör fU_' tI. ript III I'OGIiIue 10 øfk lilt lropcrty f1Ncribed In tØ -..dwd CoaIørt - Bur IlId WI a.J. IIJMe f« aID. Selle{ GIlly ~ IIJY øtJer oftèr \llllil lie 0Ii¡iøIJ. . copy or faOlløi1e of Ibis Couør 05Il, ðd;y IQX':pted - ... by Bvycr,.baJ beoa del¡~tW ÌII wrifiøg to !be. Sel. or SeJllII's Ageú wfØIb IbII time âma IJIeciIiW haD. o nIs ill. :at1'B1l__ atfer. 'DIe IIIIdcrsI¡œd BIFtEIl lUenet !be riøf¡& tv ~ this 0«IIJIf1 0& 1IIIIiJ!be oripJaI, .. copy 01' 6cðaI'- of6il CcIIuw omr. duly -pted.. lipid by Sell.., Iw '*a ddi1WId in ~ 10 eN BU)e' or Buya's ~ riIIbJ. tM _ &am. 'l*'itiod bInift. afANGES TOA lTACBEDC01'lTRA.cr TO BOY AND SELL REAL ESTATE (Dy Iin. ~): IN.SI:RT EXPANDABLE LJJŒS .......... hÍl_ w IN .1,.10,000.00 10.. ~aa roaz IhIdo1IHd '""'-_ ~... _ .. _) ~ ~ wIN .:;0,000. __ft IføDer w k mœl.... br'" .n. 2007. C1.ol~ _tit to ... .. ... Mt!on s.¡.' I _.f 10, 3007. 1'oaM..1oD .h, QpGa ~II!' ~ti... DaW! CIb,__ .s.t. bo IN o1\I1y 27, ZOQ7 ~1IIU- 0...., auoJ.,,_ date w h o\utQ,-" za07 '1'.i.t:1. ~~~~ ø.ee. 011111 1, 2007 1. r.._ CQD~ .ball be- %.......s ..... "'" ,...,..... ;!ILl]' 30. 20G7. 2. ....,... ___ u.. .....11 bot ll.....- _ t1Ie _~r _ ñ.U <_11>14 II... __ä.ao_ _..~~ ..... .......ot.h. pu,..,.... .... UtI>~. l1li,," rill lie c40_.~ .u. ~. "Uu: u _Ulna. ..,.d... U...~ OIl ~ ~ ~ U. 2007. s. ._1t1t~ ""1' ~ c:øa~~ ...t. t_ ~ tb1. aoD!:;naC. a1J. cantJ...,-iD.. .hDU loti -..I - 0.1; ----1II>9vst. 3, 200' . C__.t. ""~ t.o ~ _-œl~. ia J.C'. ...1:1..1:1' .... ~Im .."'L.........___ - """" 7:10-1. <:ouoIIrOftlr. ...,.....,.._ of RIiAl,TOI\f!þ ~-- -. - ..,.. --"""--10:~-""", ""'--.._....1M1dO 1Iooowo.<Jt!I.b ~ ØØI1SIU1 H:I»:U ~-~ 000752 p.2 Jun 27 2007 11: 37AM RE~~.B_~_~.E:SUL TS SANDY Jun 25 07 02:06p ~vn. il. LVIII L:J/rM ~.,"~J IIHintagt Kealty (80 U~352 -7657 p.3 No. Uti:¿, ~. ) AÞuat: 3, 2001. 4. .eu.. re........ u.. rillht. tq .....1:1.11,.. tq oS'f. pr~ for .-l. .....t.iJ, all ......U.,,-oi.. Df ~.l.s -- 1Ìa.. - --.i. Baoà"'ItP oL(..,. wl.U be ~ until. .u ooot.i__.. !wi... _ ......."" t"&<a eMa ·CD"~. 5. a.tJ.wwu.J, allow .u "U- d!..U__" __.. __ tor _ ftYW ~ ~ ...I.",. .i.GiUatJo<og of -t.:r ~ -- ....s AI1I,P¡port ....a.I.DII. ....1.1.... "1.11 aat: _ to ear "'- in e.IIIoo .,...,....1; -... en: ~ ~e>._ 1:0 J» _:I!...u_ p.~ b c1.osl.lot- cia,... 11: ""'Y ...-...U_.... &1_.U_a .... .... to> ue pÞ:Ipefl:F .....1at tba úea ('_ ~ 1:21-" _C:l:ao1;; ...<1 """ 11&1. ..... ¡aot 1110.. on 0", ","'on .~ 10. 2001, ~ a_ t:o ft'->l tI>a- ~ or ~ _" J..op.<_t...,. tJI.. ~ tIMe -~7 .....t.cs Ii.... ~ u-a, baøot 1~. oobeti.u.oa ~ r~1 . balll~ 1:0 tIú. .... Uta aa1." pac~ ~ t.IIet:.I.DAl_ aU 'øg]. U-. 1111114 1>..... c. "",,- t:~M "" pC<>PU1:J'. 5. fe~ ftÂtla to pañLeJ.paÞ .... 8£.t:J»t: . .,.......... lUl' ~ at:. 1.031 _011_ at 00 OM" ..., ~-- 1:0 a.. bu,¡eu. f. WIlt. -. "_t app.U._loo" --.. it :Loo ....do ... ~. COR~. 1. :rug ~t aq' be _=_ .."ag . 1:... ~. s. All _1~ ~ __ '"" 10 _. ......u.ot:. __ aU otlMor _co. ...t.U"'l to ~ .....-.. Qall " ...... "" " _u.... .~ 't'~ .'" ~~ IIIozl£t1r." _. as QIPU...w.. ,. ~ - ~ I!q." -. ~ -~. _c:1.-...., 'a-...y, ~ -1fau-.llloUdarl. U. IoU ~" ..11 ba _ 1ft ""1.1_ hau 0111.1'. To tIw IIt1tIar t¡e 1c1III of Chis CoIIaIa' œcr modi~ or ç~« wilh any JI'1>visions of 1110 Cq¡1pd 10 llllY and SeD:R.eal EsIM iat:IudiD& all 'PJi0l" Addcndwna, !be tenus in his Co\mtIr Offw: sUI! cawol. All Gtk IIrmt of 1be IItad1ed Oonrracr tII Buy 11M $ell Real a- ÌDChIdiIIC.n prior A~ 1Iot lI30CIIfled by (bis CoDllt.. Off... rbI) rauain Þ _ Atl pri... ßIIIOIentaliOllf liii4o iA. œ. ~ of .. HIe bw bct:o lDcorpvrored be_ lad 1bIø In 80 ørd III'8aIItUb 01' ~ be!wwa ~. !elk' II:ICIIor ~ BroIaIII ~ 1IIOCIif1 tilt 1IrJIII1IId condilÍQlll of tÜ Cqua... Oft« aø1 eø IttIdIod COIIIIICt to BIIJ' md. SeI11t.1a!a... .~ all1l Salle- ..o..todp 1" 1.nna co_l_ .. s.ea. II .... SlOIICIGa fD _, tile Cota1nlct Ilol"" ...... Sell a.al a:.e.c...,. cÞoIp If 11.e partt_ priCl6iJ du.qecI u part of.WI eo..._ arrer. t/pI>rl b ~Oll by bor1IportIaI, tJJja~Þ__1I1 _.Ii plUo(UIt lII'oNlllUllllÏotl.lCOIIhcIIO&Qr GldScl1Jl-.J Esee. Ç»\"I\ Ii · IÏJPId' ~"'" i. IlOl dePertd ÎÄI p<nvD, br mw, &o:símiIe or cIccuooic IrU.Slnitsioo on. or bII'are (d_, ~.~ - II 5,00 ftI A.M.I P.M. tbDCG.-OfIIiItsllall bcdeellleol tcblva expj¡ed. h.yvor~~.... 00'11' ~~N"\. ~....___ 'Øuy.-1SÞ1Icr WiIaq~~._· ~ Oae ~A~"?- Timefq.·à11411<- Da. rima_ WÌùIG ~_ Saller AcC._Uf(:".~.. , _~ 11(. ~ a.,.~ · ~ ~'- W~ "]a' Of' ' ... UIII COlI'" on... ~?~~ Dee bþ"ijO r TiIæ J.J.;g{,p.' Dat" t;¡/G'-h,7 ~_ ø.y./Solcr w~ D.. rllllC~ ~1Jcr WiIncaI Dale TiaIc_ ..,... ... SIa..·. R_pl oJ AœapW Clllltlllw Off.r ~SeIIer WiID_ Dace Tuae B~fSaIIor WiIn... D* T~_ "__IIT: -. E.~...""'__ WAA~..... 720.,2œ, ~0IiIr. ~"-ofREO\I.TORØ ~ao.-.~. IIInton to1&. ~ ~ 10: 0II0e> ....111'. ......./IdftfI1:I¡o "- ..... UnIII _.. 1.5A1 Ð p~ 011118/VT 10:1':11 ~~ge~ 000753 p.3 91 US Hwy 89 Suite A Alpine, WY 83128 Phone: (307) 654~0030, Fax: (307) 654~0033 000754 COUNTER OFFER COl'NTER OFFER # 3 (1.2.3, etc.) THlSCOUNTEROFFER SUPERSEDES ALL PRIORCOUNTER OfFERS. THECHANGES TO THETERMS AND CONDITIONS LISTED BELOW ALONG WITH ANY ATTAOIED CONTRACT TO BUY & SELL REAL ESTATE AND/OR ADDENDlJMS ARE CONSIDERED A NEW OfFER AND ALL PREVIOUS OFFERS AND COUNTER OFFERS ARE VOID. THIS IS A LEGALLY BINDING DOCUi\'IENT. READ THE ENTIRE DOCUMENT INCLLOING ANY ATT ACHMENTS. IF YOU DO NOT UNDERSTAND THE TERIVIS AND CONDITIONS, CONSULT LEGAL OR OTHER COUNSEL BEFORE SIGNING. rhis is a Counter Offer to the Contract to Buy and Sdl Real Estate. dated May 21 , 2007 .'-\DDRESS: 117.51 acres, Tax ID#3418-32-1-100-284, Bedford, WY pertai n ing to: LEGAl. DESC RI PTION: i17.51 acres, Tax ID#3418-32-1-100-284, Bedford, WY 3LiYER: Daniel Allphin Bruce Davis )ELLER: Lennie Sorenson n1e parties accept all of the telms and conditions in tJ1C attachçd Contract to Buy and Se II Real [state \vith the fol lowing changcs: (8J This is ) SELLER counter offer. The Seller reserves the right to continue to ofter the Property described in the attached Contract to Buy and Sdl Real Estate for sale. Seller may accept any other offcr until the original. a copy or facsimile of this Counter OHèr. dul.y accepted and signed by Buyer_ has been delivered in writing to the Seller or Selkr's Agent within the time be¡¡ne spec ìfìed here in. o This is a BUYER counter offer. '111e undersigmxi GUYER n..'serves thç right to withdraw this counter offer until the original. a copy or facsimile of tJ1is Counter Olfer, duly accepted and signed by Seller. has been delivered in writing to the Buycr or Buyer's Agent within the time frame specified herein. CIIi\ NGES TO A 1TACHED CONTRACT TO BUY A.ND sr:u. REA L CSTA TE (By line item): INSERT EXPANDABLE LINES Purchase Price to be $1,410,000.00 (One Million Four Hundred Thousand ten and no cents) Earnest Money to be $50,000. Earnest Money to be received by June 28, 2007. Closing date to be on or before September 10, 2007. Possession date: Upon recording Objection Date: Objection date to be July 27, 2007 Resolution Date: Resolution date to be August 3, 2007 Title Committment Date: July 3, 2007 1. Loan Contingency shall be removed on or before July 30, 2007. 2. Buy~r is aware there will be livestock on the property and will responsible for keeping them contained in respective pastures on the property. Gates will be closed at all times. Seller to continue grazing livestock on property until October 31, 2007. 3. Notwithstanding any prior contingencies set forth in this contract, all contingencies shall be removed on or before August 3, 2007 . Earnest money to become non-refundable in it's entirety on 'PARED BY, Ellín E. Spearln, Sales Associate '< Form 720-1206, Counter Offer. Wyoming Association of REAL TORS® IFA$T® Software. ©2007. Version 6 16 Software Registered to Office Manager Re/Max Advantage Homes and Lands 06/16107 1109 3;' ~ Page ,~lIer(Si_ òr;s; August 3, 2007. 4. Seller reserves the right to continue to offer property for sale until all contingencies of this zontract have been removed. Back-up offers will be taken until all contingencies have been removed from this contract. 5. Seller will allow all "due diligence" matters needed for the buyer to proceed with initiation of county approval process and support zoning. Seller will not agree to any change in the current tax or zoning designations to be effective prior to closing date. If any excavation or alterations are made to the property during the time frame of this contract and the sale does not close on or before September 10, 2007, buyer agrees to return the land or any other improvement on the premises that previously existed (i.e. sprinkler lines, hand lines, wheel lines & fencing) . Exclusions to this is the sale of personal property that includes all wheel lines, hand lines & water troughs on property. 5. Seller wishes to participate in either a "reverse 1031" exchange or a 1031 exchange at no cost OJ:" inconvenience to the buyer. 6. N/A means "not applicable" wherever it is used in this contract. 7. This instrument may be executed using a fax machine. 8. All chronological times referred to in this contract, and all other documents relating to this contract, shall be deemed to be Mountain Standard Time or Mountain Daylight Time, as applicable. 9. The term "banking days" are defined as weekdays excluding Saturday, Sunday and National Holidays. 11. All payments shall be made in collected funds ONLY. uu0755 1"0 the extent the terms of this Counter ()ITer modif; or conflict with any IJro\isHJI1S of the Contracl to ßu; and Sell R.:al Estate including all prior Addendum::;, the terms in this Counter OITer shall control. All other terms uf the attached Contract to fiu; and Sell Real Estate including all prior Addendums not modified by this Counter Offer shall remain the same. All prior repæscntations madc in the negotiations of this sale have been incoqlorakd herein. and therc are no oral agrcel11enl~ or reprcsentations betwccll Buver. Seller and/or an\! Brokers which modifv the terms and conditions of this Counler Offer and the attached Contract to Buv and SeIJ Real Estate. B~yer and Seller aekn~J\Vledge the terms contained ill Section (( and Section III of the Contra¡t to Buy and Sell Real ESlate may change if the purctiasc price is ch:lJlged a'i part of this Counter Offer. Upon its execution by both patties. this agreement is made an integral parI oflhc aforementioned Contmct to Buy and Sell Real Estate. If' a s i J ed accept~n«C""1 is not de livered In person. by mail, facsimi Ie or c!ectronic transm ission on or before (date) June 2007 Bi'{It\:j at 5: 00 PM A.M. i P.M. this Counter Offèr shall be deeme¿ to have expJrcJ. B. u.ver.or Sell~Coul~tcr Offer R~r'St:llcr ~~.vk- ~~~ 'v\iitness£~__ __._ Date __o//Íe:,A 7- __ Time (O'_~A:1<- Ruyer/St:ller ------.-----...-.. \\' ¡t/less Datt: Time - --..------- -..--..------- . --.._.._._--~. Bu~ 'l'r or Seller Acceptance of CQun(kcr . ft.'er ~' ' ßuyer.~~r __/1{,_ <"~ïtness J3.d£t:)!J ó2~~ ./ Date .á/!s:-JQ 7 Time j~";ºIP; Bu}eriSe lIer ..__._-------~ V...'itness Date Timc -._- h_·,.________,.,_ ._._u_,,__.__.____._ Buyer or Seller ReJects this Counter Offer Buyer.Se IIcr Witness Date Tim\.: ---.--- . __...u____._____,. Buyer/Se lieI' -.....----.---... Witness _._.._~.__._._._- Date I ï 111C .. -- .-.-----..,..--, -...----. B~ or Seller's Receipt of Accepted Counter Offer J. -4" C1 . ~·/Seller~'±k1-I..c~~ ~'--y~..:zk'-- 'v\iitness~_ ..~ Dale ~_(rÖ /~__ Time /Y·~._~ Buyer/Se lieI' ---------.. -.-...-.--.----.- Witness Date Time _._------~._..~--_..- ..--.--..----.- ...---,.--... PREPARED BY: Ellin E. Spearin. Sales Associate WAR Form 720·1206. Counter Offer. Wyoming Association of REALTORS'.i3! ReaIFA$T®! Software. ©2007. Version 6.16 Software Registered 10. Office Manager Re/Max Advantage Homes and Ümds 06115lO710;U·11 /" pagefJ" ~pllpl'"ic:.\