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HomeMy WebLinkAbout873333ft BOOK__.__PR PAGE- RECEIVED LINCGI.M COUNTY CLERK Ydg MINATION FGREEMENT, GI MAY I78 TER TCLAIM DEED, ASSIGNMENT AND BILL OF SAE ANNE i ' M KEMME RER, ViYt)MING Termination of Sales Agreement, Quitclaim Deed, Assignment and Bill of Sale ("the Termination") made and entered into as of May 11, 2001, by and between Layle H. Nield and Edna Nield, husband and wife, of PO Box 562, Afton, WY 83110, and Lindsay D. Moore and Tehawna Moore, husband and wife, of 134 Tee Mont Drive, Afton, WY 83110. The parties are seller and buyer respectively in that certain Sales Agreement ("the Agreement") dated May 1, 1999, and its associated Real Estate Contract of even date that was recorded in the office of the Lincoln County Clerk on May 18, 1999, in Book 430 PR, page 326, and will be so referred to herein. The real and personal property that is the subject of the Agreement is located in Lincoln County, Wyoming, described as follows: Real Property: Beginning at a point which is the Northeast corner SE1/4SE1/4, Section 24, Township 32 North, Range 119 West, 6t" P.M., and running thence West 40 rods; thence South 20 rods; thence in Southeasterly direction to a point 32 rods South of the point of beginning, on Quarter section line; thence North 32 rods to the point of beginning; (EXCEPTING THEREFROM: Beginning at the Northeast corner SE1/4SE1/4, Section 24, Township 32 North, Range 119 West, 6t" P.M., and running thence West 10.5 rods; thence South 8 rods; thence East 10.5 rods; thence North 8 rods to the point of beginning.) TOGETHER WITH all water rights, water shares, rights of way, easements, tenements, hereditaments and appurtenances thereunto belonging. SUBJECT TO all easements, exceptions, restrictions, reservations and rights of way of sight or record. Personal Property: • 3,645 shares in Nield Market, a Wyoming corporation. • The business name of "Nield Market". • The right to use the registered trade name and logo "Star Valley Blue Ribbon". • The right to use of the name "Nield Foodtown" pursuant to the Foodtown bylaws, rules and regulations. 1 I 0873 3:33 G 4 3 Buyer and seller desire to agree to the termination of the Agreement, to buyer conveying all interest in the Agreement and subject property to seller and to seller accepting buyer's conveyance as full consideration for the termination of the Agreement. NOW THEREFORE, . in consideration of the mutual covenants stated below, the parties agree as follows: 1. Seller and buyer agree to the termination of the Agreement. 2. Buyer conveys, quitclaims, transfers and assigns all of their right, title and interest in and to the subject property of the Agreement and under the Agreement to seller. Seller shall again become the full and sole owner of the above-described real and personal property and shall have the right to re-enter the premises and retake possession of all personal property and take complete control and ownership of all described real and personal property. 3. Seller hereby releases buyer from any and all liability under the Agreement including without limitation the obligation to make payments as required therein. Seller shall execute and cause to be filed in the Offices of the Lincoln County Clerk and Wyoming Secretary of State termination statements for the financing statements filed in connection with the Agreement. 4. Seller and buyer agree that this Termination is a complete accord and satisfaction of their obligations to each other under the Agreement. Consequently, each of them agrees to indemnify and hold the other harmless from any further liability to the other under the terms of the Agreement. 5. The parties stipulate and agree that additional consideration for this termination are the terms, conditions and covenants contained in that certain Sales Agreement between the parties executed by them as of May 10, 2001, prior to executing this Termination, the provisions of which are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have signed their names hereto as of the day and year first above written. 2 08 3 33 3► P A a Lindsay D. Moore Tehawna Moore STATE OF WYOMING COUNTY OF LINCOLN ss. The foregoing Termination of Sales Agreement, Quitclaim Deed, Assignment and Bill of Sale was acknowledged before me by Layle H. Nield and Edna Nield, husband and wife, this 15~A day of May, 2001. Witness my hand and official seal. LAYNA HADERUE• NOTARY PUBLIC County of State of Lincoln 0 , 4-vil Wyom 0 MY COMMIS81on Expires 2/26/2004 N A RY P U B L I C zoo MY Commission Expires: 1.4 , 3 Edna Nield -11 0 7 3 3:33 STATE OF WYOMING COUNTY OF LINCOLN ss. 645 The foregoing Termination of Sales Agreement, Quitclaim Deed, Assignment and Bill of Sale was acknowledged before me by Lindsay D. Moore and Tehawna Moore, husband and wife, this /5'~ day of May, 2001. Witness my hand and official seal. IAYNA HADERUE- NOTARY PUBUC County of State of Uncoln Wyoming L MY Commission Expires 2/26/2004 N O Y U B L I C My Commission Expires: 0, ¢ 4