HomeMy WebLinkAbout951113ASSIGNMENT OF BUYER'S INTEREST
UNDER REAL ESTATE SALES AGREEMENT
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Assignment of Buyer's Interest under Real Estate Sales Agreement "Assignment made
as of December 3, 2009, by and between Catherine A. Veigel, of 1266 Highway 51439\fton, WY
83110 "Veigel Jason Hoopes and Lisa Hoopes, husband and wife "Hoopes of PO Box
1030, Afton, WY 83110, and Thomas M. Majocha, and Mary Majocha, husband and wife, of 4573
West 4600 South, Wellsville, UT 84339 "Majocha
RECITALS
1. On April 18, 2006, Veigel as seller and Hoopes as buyers, entered into a Real
Estate Sales Agreement "the Agreement in which Veigel agreed to sell to Hoopes as buyers real
property located in Smoot, Lincoln County, Wyoming. A Real Estate Contract for the sale was
recorded in the office of the Lincoln County Clerk on April 20, 2006, in Book 617, Page 438. The
real property is more particularly described as follows:
That part of the NANW'/4 of Section 5, T3ON, R118W, Lincoln County, Wyoming, being
part of those tracts of record in the Office of the Clerk of Lincoln County in book 125 of
Photostatic Records on Page 554 and in Book 174 of Photostatic Records on Page 273,
described as follows:
BEGINNING at a spike on the north line of said NIANW'/, N89 24' -00 "E, 506.84 feet
from the northwest corner of said N'/6NWV;
thence S51°-40'-19"E, 52.52 feet to a point on the south right -of -way line of the Smoot
Forest County Road No. 12 -152;
thence continuing S51°-40'-19"E, 673.76 feet, to a point;
thence S46 47' -09 "E, 241.16 feet, to a point;
thence S88 27' -26 "E, 79.26 feet, to a point;
thence NO3 34' -10 "E, 48.2 feet, more or Tess, to a position on the approximate thread of
Cottonwood Creek;
thence coursing along said thread as follow:
RECEIVED 12/16/2009 at 12:19 PM
RECEIVING 951113
BOOK: 738 PAGE: 377
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER. WY
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N14 02' -44 "E, 68.3 feet, more or less;
N09 35' -14 "E, 159.0 feet, more or less;
N04 14' -57 "W, 106.1 feet, more or less;
N71°-32'-49"W, 83.2 feet, more or less; el-k9378
N56 14' -19 "W, 92.3 feet, more or less;
N39 17' -29 "W, 55.6 feet, more or less;
N26 33' -26 "W, 141.3 feet, more or less, to an intersection with the north line of said
N'Y2NW'/, and leave said thread;
thence S89 24' -00 "W, 609.0 feet, more or less, along said north line to the SPIKE OF
BEGINNING;
ENCOMPASSING an area of 5.77 acres, more or less;
the BASE BEARING for this survey is the north line of the NW'/ of Section 5, T30N
R118W, being S89 24' -00 "W;
each "spike" marked by a 3/8" X 12" steel spike referenced by a 5/8" X 24" steel
reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON
WY PLS 5368 with appropriate details;
each "corner" found as described in the Corner Record filed in the Office of the Clerk of
Lincoln County;
each "point" marked by a 5/8" X 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate
details;
each "position" is a calculated position with no monument found or set.
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, "PLAT OF BOUNDARY ADJUSTMENT AND FAMILY EXEMPT TRACTS
FOR CATHERINE A. VEIGEL WITHIN THE NW'/ SECTION 5 T30N R118W LINCOLN
COUNTY, WYOMING dated 18 November 2005, as revised.
TOGETHER WITH a perpetual, nonexclusive 10 -foot wide right -of -way easement for the
benefit of the described property for buyer and their heirs, successors and assigns, for
the purpose of installing and maintaining an underground irrigation pipeline from the
existing water main line located on the south boundary of seller's property as shown on
her Plat of Boundary Adjustment and Family Exempt Tracts. The line from the above
described property shall be run from the west boundary of the south 79.26 feet of said
property to a point on the irrigation main line that is acceptable to seller.
SUBJECT TO all covenants, easements, exceptions, restrictions, reservations and
rights -of -way of sight or record.
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2. Majocha desires to acquire the described real property by making a payment to
Hoopes and by paying the remaining balance owed to Veigel under the Agreement pursuant to the
terms of the Agreement.
3. Hoopes desires to sell and assign all of their interest under the Agreement to
Majocha in consideration of Majocha's payment to them of $38,000.00, as adjusted at closing, and
of Majocha's assumption of the balance still due as of November 19, 2009, of $107,575.08 under
the Agreement.
4. Veigel, pursuant to Paragraph 15 of the Agreement, will consent to Hoopes'
assignment of their interest under the Agreement to Majocha, on the following condition: (a) that all
payments due under the Agreement have been brought current as of the date of closing; (b) that
the payments due Veigel under the Agreement are made by Majocha as required by the
Agreement; (c) and that Majocha agrees that they may not prepay the remaining balance due
under the Agreement in whole or in part before November 19, 2014.
5. The parties agree that the balance due under the Agreement is $107,575.08, and
that the next monthly payment of $859.72 is due on December 19, 2009.
NOW THEREFORE, in consideration of the mutual covenants herein set forth, the parties
agree as follows:
1. Hoopes ASSIGNS and QUITCLAIMS all of their right, title and interest in and to the
real property as described in the Agreement and this Assignment to Thomas M. Majocha and Mary
Majocha, husband and wife, as tenants by the entireties.
2. In addition to the payment to be made to Hoopes by Majocha, Majocha agrees to
assume the balance of $107,575.08 still due under the Agreement and to pay that sum as required
in the Agreement and to abide by all the obligations of the buyer in the Agreement.
3. All payments to Veigel shall be made payable to her at the address set forth above.
4. Majocha assumes liability as the buyer under the Agreement and agrees to be
bound by all of the terms, covenants and conditions of the Agreement as though they were the
original maker of the Agreement, including without limitation, personal liability to make all payments
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to Veigel required by the Agreement after the date of closing of this Assignment. The Agreement
and all other documents executed pursuant to the Agreement are incorporated herein by this
reference, and Majocha admits having received copies of those documents and reviewed them.
5. Majocha agrees that they may not prepay the remaining principal balance due under
the Agreement in whole or in part before November 19, 2014.
6. Veigel consents to the assignment of Hoopes' interest in the real property under the
Agreement to Majocha and hereby releases Hoopes from any further liability as buyer under the
Agreement.
7. Majocha and Veigel agree that in all respects, except as modified in this
Assignment, the Agreement is hereby reconfirmed by them, and they agree to be bound by all of
the terms, covenants, and conditions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and
year first above written.
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Catherine A. Veigel
Thomas M. Majocha
OOi38l.
to Veigel required by the Agreement after the date of closing of this Assignment. The Agreement
and all other documents executed pursuant to the Agreement are incorporated herein by this
reference, and Majocha admits having received copies of those documents and reviewed them.
5. Majocha agrees that they may not prepay the remaining principal balance due under
the Agreement in whole or in part before November 19, 2014.
6. Veigel consents to the assignment of Hoopes' interest in the real property under the
Agreement to Majocha and hereby releases Hoopes from any further liability as buyer under the
Agreement.
7. Majocha and Veigel agree that in all respects, except as modified in this
Assignment, the Agreement is hereby reconfirmed by them, and they agree to be bound by all of
the terms, covenants, and conditions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and
year first above written.
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Catherine A. Veigel
Jason Hoopes
Lisa Hoopes
Thomas M. Majocha
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing Assignment of Buyer's Interest under Real Estate Sales Agreement was
acknowledged before me by Catherine A. Veigel this 1 day of December, 2009.
Witness my hand and official seal.
deererrer111111 M OIN GrrrerrerrrrrrrrrrL
D, Fenton Notary Public
County of z State of
Lincoln t x Wyoming
My Comrctission Expires 10/11/2011
irermrrrrrrrrrereerrrrrrreerrrrrmrrr
My commission expires:
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing Assignment of Buyer's Interest under Real Estate Sales Agreement was
acknowledged before me by Jason Hoopes and Lisa Hoopes, husband and wife, this day
of December, 2009.
Witness my hand and official seal.
LAURA FAYE l\O1ARY PUBLIC 4)
County of State of
Lincoln 1 G= Wyoming
SS.
ss.
a,. r,,, rni;icn Expires May 10, 2011
My commission expires:
71` /l9 �tJ
1
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Mary Majocha
NOTARY PUBLIC
O.. .v3,52
12- 11 -'09 13;02 FROM -Land Title Alpine 307-654 -6186 T -573 P21/22 U -016
STATE OF WYOMING
COUNTY OF LINCOLN
STATE OF WYOMING
COUNTY OF LINCOLN
ss.
Witness my hand and official seal.
SS.
Witness my hand and official seal.
5
Thomas M. Majocha
The foregoing Assignment of Buyer's Interest under Real Estate Sales Agreement was
acknowledged before me by Catherine A. Veigel this day of December, 2009,
NOTARY PUBLIC
My commission expires:
The foregoing Assignment of Buyer's Interest under Real Estate Sales Agreement was
acknowledged before me by Jason Hoopes and Lisa Hoopes, husband and wife, this
day of December, 2009.
O 383
STATE OF
COUNTY OF
1
The foregoing Assignment of Buyer's Interest under Real Estate Sales Agreement was
acknowledged before me by Thomas M. Majocha, and Mary Majocha, husband and wife, this
19.0 day of December, 2009.
Witness my hand and official seal.
x 111111111111 8411 1131111111111111 /1111.
D. Fenton Notory Public
ss.
w s r
County of State of
Lincoln Wyoming
My Commission Expires 10/11/2011
1111111111111 1111111111111111111r
My commission expires: 0/6r/
6
NOTARY PUBLIC
C-04.1,334