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Home My WebLink About942324 AFFIDAVIT OF JUDY L. CLINGER ROSE OOû1.44 AND NOTICE OF BREACH AND FORFEITURE OF REAL ESTATE PURCHASE AGREEMENT STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) COMES NOW, Judy L. Clinger Rose, f/k/a Judy L. Clinger, being duly sworn on oath, deposes and states as follows: 1. That I am the record owner of the following described parcel of real property located in Etna, Lincoln County, Wyoming: Judy L. Clinger Exemption #7 of the CLARK FAMILY EXEMPTION, Recorded in the office of the Lincoln County, Wyoming Clerk's Office as: Map 277A Record 879032. The property referred to in the Deed recorded in Book 503PR, on Page 515 in the Office of the Clerk of Lincoln County, Wyoming, within the W1/2NE1/4 of Section 14, T35N, Rl19W, of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the B.L.M. Type Monument marking the Marlowe A. Scherbel PLS 5368 1992, location for the Northwest Corner of the NEl/4 of said Section 14; thence S88°51 '42"E, along the North line of said NEl/4 585,91 feet to a point in an existing Northwesterly-Southwesterly fence, located on the Northeasterly side of the East Side Canal; thence Southeasterly, along said fence the following: S 39°54'06"E 57.94 feet, S42° lO'37"E 53.76 feet, S39°00'54" E 62.16 feet S42°l7'24" E 82.30 feet, S45°47'29"E75.4l feet, S39°05'12"E 21.94 feet, S34°08'40"E 42.89 feet, S28°08'31"E 22.15 feet, S25°40'49" E 57.33 feet, S31 °38'28"E 43.72 feet, S37°27'06"E 88.83 feet, S46°49'52"E 52.91feet S52°33'14"E 87.85 feet S46°38'08"E 21.54 feet, S39°20'20"E 21.82 feet, S32°06'39"E 21.86 feet, S26OZ1' 16"E 66.27 feet, S32°32'38"E 31.32 feet, S40005' 12"E67.45 feet, S50OZ3' 19"E 77.13 feet, S58°50' 12"E 65.19 feet and S55°44'40"E 10.72 feet to a point in the East line of the NW1/4NE1/4; thence Soo49'33"W along the East line 498.12 feet to the B.L.M. type Monument marking the Lloyd B. Baker PE/LS 698,200 llocation for the Northeast Comer of the SW1/4NE1/4; thence continuing Soo49'33"W, along the East line of said SE1/4NEl/4, 577, SO feet; thence N88° 56'10"W 1,330.20 feet to a point in the West line of said SWl/4NE1/4; thence NO° 44' lO"E, along said West line 577.50 feet to the Marlowe A. Scherbel PLS 5368, 1992 location for the Southwest Comer of said NWl/4NEl/4; thence continuing NO° 44' 10"E, along the West line of said NWl/4NEl/4; 1328.76 feet, to the Point of Beginning, containing 50.774 Acres ofland RECEIVED 9/18/2008 at 11 :38 AM RECEIVING # 942324 BOOK: 705 PAGE: 144 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ûOû1.45 SUBJECT To all easements, exceptions, restrictions, reservations, and rights of way of sight or record. 2. That on or about the 27th day of July, 2005, I entered into a Real Estate Purchase Agreement to sell the above-described parcel of property to JUDD C. CLINGER and EDWARD EARL ANDERSEN (hereinafter "Purchasers"), a copy of said Agreement is attached hereto as Exhibit A. Notice of said Agreement was recorded with the Office of Lincoln County Clerk in Book 593 Page 565. 3. The Purchasers agreed to pay the sum of thirty thousand dollars ($30,000.00), ten thousand dollars ($lO,OOO.OO) was paid as a down payment the balance payable in monthly installments of five hundred dollars ($500.00) each on the 15th day of each month until the balance of the purchase price had been paid. 4. That the Purchasers have failed to make payments as promised. 5. Pursuant to Paragraph 9 of said Agreement, I Judy L. Clinger Rose, f/k/a Judy L. Clinger, hereby declare the contract as ended, canceled and of no further effect. I hereby retain all payments that have been made as of the date of this Affidavit and Notice, rental payments and liquidated damages pursuant to Paragraph 9 of said Agreement. 6. That on the \qih. day of -1\ u~~ ' 2008, I sent the Purchasers, via United States Mail a certified letter, return receipt requested, notifying the Purchasers that they were in default of said Agreement and of my intent to pronounce a forfeiture of the property pursuant to Paragraph 9 (a) of said Agreement. A copy of said letter is attached hereto as Exhibit B. 7. That as of the date of this Affidavit and Notice, I have received no reply from the Purchasers. 8. That pursuant to the terms of the Agreement, I am entitled to proclaim a breach of the Agreement and retain possession of the property through forfeiture of the Purchasers. 9. Further Affiant saith not. DATED this \l'TY\. day of September, 2008. STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) Subscribed and sworn to before me by Judy 1. Clinger Rose, f/k/a Judy 1. Clinger, this 17 f>'" day of September, 2008. WITNESS my hand and official seal. iJ-kA ~ Notary Public ...,.... f':':.;~~ ~."""''''':':''':..''''..v'~''oOI'!'''''''''''Joq.~~~ 4~ lJc:öCJ¡{,'''''; c-;CHWA;3 . NOTAI'tY PUBLIC :~ ~ COL,Inty 01 St t 1 q" [. I ae 0 ~," ./iICO 11 W . ~ YOnllng $ My C')rnn'iS';hn Expires July ':11 2010 ~\t1~..~".¡¡~J"'I'~~<I~'."\,;:,,,,::,,,,7,'¡.i~'~,~~~ 00&146 ~ REAL ESTATE PURCHASE AGREEMENT ûOO1.47 fl- THIS AGREEMENT made and entered into this Z:f day of July, 2005, by and between Judy S. Clinger, herein after referred to as Seller and Judd C~ Clinger and Edward Earl Andersen hereinafter referred to as Purchasers. WITNESSETH That for and in consideration of the payment made and to be made, the covenants made to be kept and performed, the Seller agrees to sell and the Purchaser agrees to purchase from the Seller, the following described property located in Lincoln County, Wyoming and more particularly described as follows: Judy L. Clinger Exemption #7 of the CLARK FAl\1IL Y EXEMPTION, Recorded in the office of the Lincoln County, Wyoming Clerk's Office as: Map 277A Record, 879032. J:he property referred tOln the Deed recorded in Beok 503PR, on Page 515 in the Office of the Clerk of Lincoln County, Wyoming, within theWl/2NE1/4 of Section 14, T35N, Rl19W, of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the B .L.M. Type Monument marking the Marlowe A. Scherbel PLS 5368 1992, location for the Northwest Comer of the NEl/4 of said Section 14; thence S88°51 '42"E, along the North line of said NEl/4 585.91 feet to a point in an existing Northwesterly-Southwèsterly fence, located on the Northeasterly side of the East Side Canal; thence Southeasterly, along said fence the following: S 39°54'06"E 57.'94 feet, S42° 10'37"E 53.76 feet, S39°00'54" È 62.16 feet S42°17'24" E 82.30 feet, S45°47'29"E75.41 feet, S39°05' 12"E 21.94 feet, S34°08'40"E 42.89 feet, S28°08'31"E 22.15 feet, S25°40'49" E 57.33 feet, S31 °38'~8"E 43.72 feet, S37°27'06"E 88.83 feet, S46°49'52"E 52.9lfeet S52°33' 14"E 87.85 feet S46°38'08"E 21.54 feet, S390:20'20"E 21.82 feet, S32°06'39"E 21.86 feet, S26°21'16"E 66.27 feet, S32°32'38"E 31.32 feet, S40005' 12"E67.45. feet, S50~3'19"E 77.13 feet, S58°50'12"E 65.19 feet and Purchase Agreement Page I of II S55°44' 40"E 10.72 feet to a point in the East line of th~ NWl/4NEl/4; thence OOúj.48 S0049'33"W along the East line 498.12 feet to the B.L.M. type Monument marking the UoydB. Baker PEiLS 698,2001 location for the Northeast Comer of the SWl/4NEl/4; thence continuing S0049'33"W, along the East line of said SEl/4NEl/4, 577, SO feet; thence N88° 56'10"W 1,330.20 feet to. a point in the West line of said SWl/4NEl/4; thence NO° 44' 10"E, along said West line 577.50 feet to the Marlowe A. Scherbel PLS 5368, 1992 location for the Southwest Comer of said NWl/4NEl/4; thence continuing NO° 44'10"E, along the West line of said' NWl/4NEl/4; 1328.76 feet, to the Point of Beginning, containing 50.774 Acres of land. 1. PURCHASE PRIÇE AND MANNER OF PAYMENI. The Purchasers shall pay as consideration for the above described property, a purchase price of the total sum of Thirty Thousand Dollars ($30,000.00) lawful money of the United States of America, at the time of closing. The total purchase price shall be paid as follows: a. The sum qfTen Thousand Dollars ($10,000.00) as a down payment 'which shall include, the receipt of which is hereby acknowledged. b. The balance of the purchase price or Twenty Thousand Dollars ($20,000.00) shall bear interest at a rate of five percent (5%) per annum and shall be paid in monthly installments of Five Hundred Dollars ($500.00) per month until the balance shall have been paid in full. The first payment shall be. due on the 15th day of August, 2005, and continue on the 15th day of each month thereafter until the balance of the purchase price is paid in full. Said payments shall be applied first to the payment of interest and second to the reduction of principal Purchase Agreement Page 2 of 11 c. The Purchasers may prepay or accelerate the payment provided herein without the prior consent of the seller. ûOôj.49 2. ESCROW. It is agreed that the Purchasers and Seller shall execute and deliver appropriate escrow instruction to The Bank of Star Valley, Afton, Wyoming 83110 with full authority to carry out the tenns thereof. Purchasers and Seller shall also deliver to the escrow agent, all documents necessary to complete this purchase agreement. Seller shall pay all fees necessary to set up the escrow account and the Purchasers shall pay all yearly charges for maintaining the escrow account. 3. POSSESSIQN. The Purchasers may take possession of the property on July 26, 2005 4. MERCHANTABLE TITLE. The Seller warrants that the title to the property being sold herein is merchantable and agrees to pay any cost associated with clearing said title in the event that there is a defect. The parties agree that the Seller will not be required to provide title insurance for the Purchasers. 5. INSPECTION OF PREMISES. Th~ Purchasers 'warrant and agree that they have personally or through their authorized agents made a full and complete. inspection of the described property and all of the improvements located thereon, and accept said property in its present condition and state of repair and without any representations, statements, or warranties, express or implied, with respect to their condition, and that they are purchasing said property solely upon said inspection and Purchase Agreement Page 3 of 11 not upon any statement made by Seller or Seller's agents respecting the condition, productive capacity, or income derived therefrom. 000:150 . 6. TAXES. ASSESSMENTS AND INSURANCE. All taxes, assessments and insurance shall be pro-rated between the Seller and the Purchasers for the year 2005 so that the Seller shall be responsible for ail such taxes, assessments and insurance levied up to July 26, 2005 and the Purchasers shall pay ail subsequent taxes, assessments and insurance in connection with the property herein. If the Purchasers fail or neglect to pay any installment of taxes, assessments or insurance premiums when due, the Seller shall have the right to make such payment and to add the amount thereof, together with interest at a rate of eighteen percent (18%) per annum to the obligation of the Purchasers hereunder. Such right shall be deemed an option and shall impose no obligation on the Seller and the SelÍer may elect to treat such a failure on the part of the Purchasers as a default under this contract. Purchasers shall pay for and maintain fire, casualty and other insurance of a sufficient amount to cover the property subject to this agreement and any indebtedness thereon and in no event shall the amount of coverage be less than the total of the amount remaining due under this agreement. The loss payable clause shall include the Sellers as. a beneficiary for the amount of its interest. 7. LIENS. During the term of this contract, the Purchasers shall not allow any liens of any form to attach to the property and premises which may be superior to Purchase Agreement Page 4 of 11 the rights of the Seller. 000151 8. DEF AUL T BY PURCHASERS. Seller shall have the right to declare the default of the Purchasers and to proceed pursuant to paragraph 9 upon the occurrence of any of the following: a. The failure of the Purchasers to make any payment required in this agreement at the time it falls due. b. The failure of the Purchasers to abide by anyone of the terms and conditions of this agreement. c. The filing of a petition for the adjudication of the Purchasers, or anyone of the Purchasers if more than one, as a bankrupt. 9. REMEDIES OF SELLER. Time is of the essence of this agreement. If any breach or default continues for a period of thirty (30) days after the Seller has sent written notice thereof to the Purchasers, the Seller has, at his option, any of the following remedies: a. Declare this contract ended, canceled and of no further force and effect. On such action, all right, title and interest òf the Purchasers hereunder shall cease and all payments heretofore of the Purchasers hereunder shall cease. Seller shall have the right to retain all amounts theretofore paid by Buyers to Seller as rental for said property and as liquidated damages. The Parties agree that because of the great fluctuation in market value of property of the type described herein, and Purchase Agreement Page 5 of 11 because of the inability of the Parties to fix an accurate and correct measure of COÔ.152 damages in the event of a default hereunder or the tennination hereof, that the amount so specified herein to be liquidated damages is a fair and equitable estimation of the damages resulting from such breach or tennination and all-payments heretofore made by the Purchasers shall be retailed by Seller as rental for said property and as liquidated damages for the failure on the part of the Purchasers to comply with the terms of this agreement. All improvements and additions appurtenant to said property made by the Purchasers shall remain and become the property of the Seller. If this agreement or notice thereof shall have been recorded or filed in the office of the County Clerk and Ex-Officio Register of Deeds then the filing of an affidavit declaring the default and forfeiture of the Purchasers or the filing of the Quit Claim Deed held by the Escrow Agent shall be sufficient to cancel all o.bligations he~eunder . on the part of the Seller and fully vest in the Seller, all right, title and interest in and to the .property agreed to be sold, conveyed and delivered and the Purchasers shall surrender to the Seller forthwith peaceable possession of the property. b. In lieu of declaring a forfeiture, accelerate and bring an action for the balance of the purchase price r~maining due or for any other relief available in law or in equity including suit to recover any payment or payments made by the Seller to be payable by the Purchasers hereunder, it being stipulated and agreed that such obligation to repay the contract amount is a separate and independent covenant of the Purchase Agreement Page 6 of 11 Purchasers hereunder. 000153 10. WAIVER. It is further agreed that the failure on the part of the Sellers to enforce the strict perfomlance of the terms and conditions of this Agreement or the prompt payment of the installments herein agreed upon shall not constitute or be construed as a waiver or relinquishment of the Seller's rights under this Agreement to thereafter enforce any such terms, conditions, or payments, it being expressly agreed that all the provisions of this Agreement are continuing ones and shall always be in full force and effect and are not waived by reason of any leniency which may have been granted or extended by the Seller on account of prior default in performance of the conditions and tenus hereof, or in the payments as provided in this Agreement. -11. ATTORNEY'S FEES. The Purchasers and Seller each agree that should they default in any of the covenants and agreements contained herein, that the defaulting part shall pay all costs and expenses including a reasonable attorney's fee which may arise or accrue from enforcing this agreement or in obtaining possession of the premises covered hereby or in pursuing any remedy provided hereunder or by the statutes of the State of Wyoming whether such remedy is pursued by filing a suit or otherwise. 12. ASSIGNABILITY. a. Purchasers may sell, transfer or assign or contract to sell, transfer or assign all or any portion of Purchaser's interest in this contract or premises subject Purchase Agreement Page 7 of 11 ûOö1.s4 to the following provisions: If all or an~o~of said contract or premises, or any interest therein, is sold, transferred or assigned by Purchasers without Seller's prior written consent, Seller may, at its election, declare all sums owing on this contract to be immediately due and payable, notwithstanding anything contained herein to the contrary. Failure of Seller to declare all sums owing as provide above shall not constitute a waiver of Seller's right. In the event Seller elects to declare all sums owing due and payable, Seller shall mail to Purchasers notice of the declaration and such notice shall provide a period of not less than thirty (30) days from the date of mailin,g within which Purchasers may pay the sums declared due. If Purchasers fail to pay such sums prior to the expiration of such period, Seller may, without further notice or demand, invoke the remedies provide by paragraph 9 hereof. b. No assignment, transfer, or conveyance (assignment) by the Purchasers shall create any obligation on the Seller until a duplicate thereof dully witnessed, together with the residence address of such Assignee, has been delivered to the Seller. In the event of assignment, such notice to the Seller and acceptance of the assignment by him or acceptance of payment made by Assignee shall constitute an acceptance of the assignment and privity of contract between the Seller and the Assignee and enable the Seller to maintain any suit or action for payment, specific performance, deficiency or summary proceedings for possession against the Assignee. Purchase Agreement Page 8 of 11 c. The Purchasers are not relieved of the obligation under this 00&1.55 contract in transfer of an assignment unless the Seller has specifically released the Purchasers in writing from the contract. Unless the Purchasers are released from the obligation by the Seller in writing, the Purchasers shall be a guarantor of the obligations assumed by the Assignee. 13. NOTICE. All notices to the Parties required hereunder shall be deemed to have been properly given when sent by certified or registered mail, postage prepaid to the parties last known address. The date of service of notice shall be the date on which the notice is deposited in the United States mail regardl~ss of whether or not it is received by the party to whom it is addressed. Personal delivery of such notice shall have the same effect as notice given by mail. Addresses to which the notices shall be sent unless another address has previously been provided in writing shall be: Judy L. Clinger P.O. Box 241 Freedom, WY 83120 Judd C. Clinger P.O. Box 192 Freedom, WY 83120 Edward Earl Andersen P.O. Box 380 Jackson,WY 83001 14. ENTIRE AGREEMENT. With the exception of the escrow instructions and the documents associated therewith, this written agreement is the only and entire contract covering the subject matter herein. No other representations have been made by either the Purchasers or the Seller and each has fully read and understood each condition herein stated. No change, alteration, or modification of Purchase Agreement Page 9 of 11 this instrument shall be valid unless the same shall have been made or specified in writing and signed by all the parties hereto. (;0&156 15. BINDING EFFECT. If more than one joins in the execution hereof as Seller or Purchasers, or be either of the feminine sex, or a corporation, the pronouns and relative words herein used shall be read as if written in plural, feminine or neuter respectively. It is expressly understood and agreed by the parties hereto that time. shall be deemed as of the very essence of this contract and all stipulations and agreements herein contained shall apply to and bind the heirs, executors, administrators, successors and assigns of the parties hereto. 16. SEVERABILITY CLAUSE. If any part of this Agreement shall be declared invalid by a court of competent jurisdiction such judgment shall not affect the remainder of tills agreement and it shall remain in full-force and effect. 17. APPLICABLE LAW. This agreement shall be construed and governed in all respects by the laws of the State of Wyoming. IN WITNESS WHEREOF, the Parties hereto-have executed this agreement the day and year first above written. Purchase Agreement Page 10 of 11 00\1157 - SELLER: PURCHASERS: ~ (' c~ ~ J D C. CLINGER 0' RD EARL ANDERSEN " Purchase Agreement Page 11 of 11 ~ August 19,2008 Judd C. Clinger P.O. Box 192 Freedom, WY 83120 OOô~5e , Edward Earl Anderson P.O. Box 380 Jackson, WY 83001 Re: Notice of Default/Intent to Terminate Real Estate Purchase Agreement Dear Sirs: The purpose of this letter is to infonn you are in breach of the Real Estate Purchase Agreement executed by you on the 27th day of July, 2005. Prior to tI1Ís letter I contacted Jim Sanderson to communicate with you in respect to the default. Mr. Anderson contacted Mr. Kenneth Cohen of Jackson, Wyoming to represent Mr. Anderson in tl1Ís matter. I am under the inlpression that Mr. Cohen is no longer representing Mr. Anderson. You have breached the agreement by failing to make the payments due as outlined in Paragraphs 1 b, 8 a, and 8 b of the Agreement. Pursuant to the tenns outlined in Paragraph 9 a I, Judy L. Rose, fonnally known as Judy L. Clinger, have the right to have title in the property revert back to my nanle and possession due to your failure to make the payments as promised. Notice of said breach and forfeiture shall be recorded in the office of the Lincoln County Clerk. Sincerely, ~,~ ': .r------' . (,001.59 · Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivèry Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card.to the back of the mal/piece, or on the front if space permits. 1. Article Addressed tò: EdLûa.rd. £arl ~ersöy\ þo ~OV 3ß1) Ja..c.,\t.::)DY\ WJ ~3aO I 3. Se ce lÿpe Certified Mall 0 9¡¡ress Mall o Registered J::Ii1¡eturn Receipt for Merchand: o Insured Mall 0 C.O.D. 4. .Restrlcted Delivery? (Extra Fee) 0 Yes 2. Article Number , '0': j: : :, ~ (Transfer from service labell: . PS Form 3811, February 2004 7.008 0150. POOl, ;3114 3626 Domestic Return Receipt 1 02595-02-M-1! -. August 19,2008 Judd C. Clinger P.O. Box 192 Freedom, WY 83120 ûOö1.60 Edward Earl Anderson P.O. Box 380 Jackson, WY 83001 Re: Notice of Default/Intent to Terminate Real Estate Purchase Agreement Dear Sirs: The purpose of this letter is to inform you are in breach of the Real Estate Purchase Agreement executed by you on the 2ih day of July, 2005. Prior to this letter I contacted Jim Sanderson to communicate with you in respect to the default. Mr. Anderson contacted Mr. Kenneth Cohen of Jackson, Wyoming to represent Mr. Anderson in this matter. I am under the impression that Mr. Cohen is no longer representing Mr. Anderson. You have breached the agreement by failing to make the payments due as outlined in Paragraphs 1 b, 8 a, and 8 b ofthe Agreement. Pursuant to the terms outlined in Paragraph 9 a I, Judy L. Rose, formally known as Judy L. Clinger, have the right to have title in the property revert back to my name and possession due to your failure to make the payments as promised. Notice of said breach and forfeiture shall be recorded in the office of the Lincoln County Clerk. Sincerely, ~,~ ': SENDER: COMPLETE THIS SECTION · Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the tJack of the mailplece, or on the front if space permits. 1. Article Addressed to: ~\J.d.d.. C\ \ ~ Pt> Be\1 \£12 fr~·;ed-()'(V\ I W~ ~3,;l~ ,ûOôi·6j. 3. Se e Type Certified Mall o Registered o Insured Mall o ~ress Mall arRetum Receipt for Merchandl o C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Artic:le Nµ\I'j (Trarisfer'frq O' i7008 D.1~Oi ~qo~ j :~1,1~; j~61i;: ~ /,- PS Form 3811. February 2004 Domestic Return Receipt \ : ¡ J 102595-o2-M-1Ì