Loading...
HomeMy WebLinkAbout873755 r 873755 ."; I:. C r~! \,/ F [; LINCOL.r-.J COt.l~.!-ry CLEHI\ 01 ,Jl.f1i1.- a/I: '; 13: It Ii BOOK 466 PR PAGE 1 G G i\} j~;~/:,~ rYN I;; _ \',' /\ :,~ i'J E Fi '\L.,\,.,,~i.L:.b:t iI' '..;;i\iO~'~I:\'(" , , "j I\!j 1'\1 J INSTALLMENT SALE AGREEMENT THIS AGREEMENT made and entered this 1st day of June, 2001, by and between PATRICIA E. LOONEY, a single woman of Pinedale, WyominJ, Party of the First Part and hereinafter called the "Seller", and BEN D. JENKINS, a single man, of'LaBarge, Wyomin~, Party 'of the Second Part and hereinafter called the "Purchaser". WITNESSETH: Seller a~rees to sell unto Purchaser and Purchaser a~rees to buy from Seller the following described real estate in the County of Lincoln and State of Wyoming, to-wit: Lot 40 of the Viola Subdivision, as the said subdivision appears on the plat and map thereof on file and of record in the office of the County Clerk of Lincoln County, Wyoming, and TOGETHER WITH all buildings, fences and improvements situate thereon or appurtenant thereto, AND TOGETHER WITH all water and water rights, ditch and ditch rights, and reservoi~ and reservoir rights situate thereon or a~purtenant thereto; BUT SUBJECT, NEVERTHELESS, TO the provisions of United States patents, AND SUBJECT FURTHER TO easements and ri~hts of way of record or in actual use for tele~hone transmission lines, electric transmission lines, irri~ation ditches and canals, and roads and ways, AND SUBJECT FURTHER TO all outstanding mineral interests. AND SUBJECT FURTHER TO accrued and accruing taxes, and for said real estate Purchaser shall pay, and Seller shall accept, Twelve ThQusand Eight Hundred Dollars ($12,800.00) of which amount Purchaser has this day paid Three Thousand Two Hundred Dollars ($3,200.00), receipt whereof by Seller is hereby aCknowledged, and the balance of said purchase price together with interestaccruingjthereon at the rate of Eight Per Cent (8%) Per Annum from and after the 15th day of June, 2001, shall be ,paid by 120 monthly installments, each in the amount of $116.48, commencin~ on the 15th day of July, 2001, and continuing on the 15th day of each month thereafter succeeding until said ~urchase price and all interest have been fully paid; All of the aforesaid installments shall be mad~ to Seller a~ Pinedale, wyomin~ or SUCll other place as Seller may hereafter designate; Seller shall not be obli~ated to accept any of the fore~oin~ installments of the principal sum and interest exce~t at the times and in the amounts hereinabove set forth, except however, Seller - - - - - - "1 0 ( 0873755 a~rees that after the first day of January, 2002, Purchaser may at the o~tion of Purchaser pay, without ~~nalty,the then un~aid balance of the ~urchase price together with the interest .accrued to date of payment, or may otherwise make payment over and above and in addition to the installments of purchase price and interest as hereinabove set forth and required; all payments so made shall be first credited to the accrued interest and the balance to the 1?urchase l,)rice; THE PARTIES FURTHER AGREE AS FOLLOWS: 1- Possession, assignment, liens, taxes and buildin~s. (a) Purchaser may have possession of the above ~ro~erty u~on execution of this agreement, Purchaser has ins~ected the ~ro~erty and accepts the property in its present .condition; (b) Purchaser shall not surrender ~ossession of the above property nor part with possession to any ~er~ons whomsoever, nor shall Purchaser assign or sell this a9reement to anf ~erson whom- soever without first havin9 obtained the written consent thereto of the Seller; (c) Purchaser shall pay before delinquency all taxes and assessments on the property coming due on or after the first 'day of January, 2002; (d) Purchaser shall not suffer nor permit any liens, other than liens of taxes, encumbrances and mortgages to accrue or attach to the above property during the term hereof and in event the same shall accrue or attach Purchaser shall immediately pay and dissolve the same and upon failure to do so Seller may paj th~ sam~ and all sums so expended by Seller in the satisfaction,disso1utibn and discharge thereof shall accrue interQst at the rate of EIGHTEEN FER CENT (18%) PER ANNUM from the time of payment and the same shall be immediately due and payable by Purchaser unto Seller; (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 ~ayment and to add the amount thereof, to~ether with interest at EIGHTEEN PER CENT (18%) PER ANNUM to the ob1i~ation of Purchaser hereunder; . 2- Delivery of warranty deed. upon ~ayment of the ~urchase price and all interest, AND PROVIDED THAT Purchaser has otherwise performed as required of Purchaser herein, Seller shall convey the above ~roperty unto Ben D. Jenkins, a single man, by means of statutory form of warranty deed; 3- Taxes and assessments. All taxes assessed and levied upon the property in the year 2001 and prior thereto shall be paid by Seller, and Purchaser shall pay all of 2002 taxes~ 4- Tim~!y, performance - defaul t. Time is of the essence of this a~reement and Purchaser shall make all payments ~romptly as herein ~rovided; Purchaser expressly understands and agrees that if Purchaser shall fail to make any of the aforesaid ~ayments to Seller, in the amount, manner and within the time herein,provided, or should Purchaser fail to ~erform any of the other terms and conditions hereof, in the manner and within the time herein provided, and shall fail to make said delin~uent payments and otherwise remedy the default of other terms and conditions within thirty (30) DAYS after written notice thereof is de~osited in the United States mail, ~osta~e ~re~aid, and addressed to 'Purchaser at the following address of the Purchaser, Page Two ....oiIIIIIl ~ J68 0873755 Ben D. Jenkins Post Office Box 199 LaBar~e, Wyomin~ 83123 the Seller may at the o~tion 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 county clerk a declaration of forfeiture (setting forth the facts of such failure on the part of Purchaser) and the same shall be SUfficient to canriel all Obligation hereunder on the ~art of Seller and shall fully reinvest SEller with all ri~hts, title and interest hereby agreed to be sold, conv~yed or delivered and Purchaser shall forfeit ~ll right, title and interest in and to the above pro~erty inCluding any and all impr~vements and Seller shall have the ridht to ra7ente~ and take ~ossession, without demand, of the above-described real property and all improvements thereon, includin::::l .those erected or placed thereon by Purchaser and in event of such repossession Seller may keep said real property as Seller's own and absolute property bein::::l hereby released from all obli::jation at law and in e4uit.! to co-nvey said ~ro~erty, and in such case all monies forfeited as described above shall be considered as rental for said pro~erty and as liyuidated dama~es for failure on the part of Purchaser to ~erf~~m and comply with the terms of this a~reement; 5- Construction. All words used in this a~reement includin!d the words "Purchaser" and "Seller" shall be construed to include the plural as well as the sin::::tular number and words used herein in the present tense shall include the future as well as the ~resent and words used in the' masculine ~ender shall include the feminine and neuter; 6- Effect of waiver. The waiver of Seiler of any covenant, condition or a;rpement herein contained shall not vitiate the same and the term~, conditions, covenants and a9reements set forth herein shall apply, inure to and bind the heirs, executors, adminis~rators and assi~ns of Lhe respective parties hereto; 7- Persons bound. All ~rovisions hereof shall extend to, inure to the benefit of and be bindin::::l upon the res~ective parties and their heirs, devisees, personal representatives and assi~ns; 8- Liti~ation ~ allo~ance of attornet's fees to ~revailin~ ~artt. If any action is brou~ht to enforce this a::::treement or any ~rovision hereOf, to rescind the same, to collect dama~es for an alle~ed breach hereof, or for decl~ratory jud~ment hereunder, the prevailing ~arty in such action, whether ~laintiff or defendant, shall be entitled to an allowance for reasonable attorney fees, in addition to costs of suit; PATRICIA E. LOONEY, Seller ~~~ 9- Interest on ~ast-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 annum from the due date until ~aid; IN WITNESS WHEREOF, we hereunto set our hands the day and year first above written. ~ n~ ~ --,,---<) ~ Pa:::le-Three ,- - - --. - U873"~~i5 STATE OF WYOMING ) ~ ss COUNTY OF SUBLET~E - ~9 ------ ~~purChaser The foregoing instrument was acknowledged before me by Patricia E. Looney, this ~7h day of June; 2001. Witness my hand and official sea. My commiss~_ // ex.t?ires :~t/// ~ ..111"7 STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) ......, ~ .I , ~ _ ..... SHARI PAPE - NOTARY PUBLIC COUNTY Of SUBLETTE STATE OF WYOMING My COmmission Expires --~-- -~ The foregoing instrument was acknowledged before me by Ben D. Jenkins, thi~ ~~ day of June, 2001. Witness my hand Qnd Official seal. My commission eXiJires: lQ-I-~3 ~ ~'M' OCL~~ \ ro.....r^- Notary Public Gracia Ramos ' No~]ry Public County of lJncoln '-' Slate of WyofTiing My Commission Expires .:....l2.:.'J.::2:l!.Q ~ Paye Four .