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Home My WebLink About955831DEFAULT AND TERMINATION OF CONTRACT C 70 Know hereby that James J. Doherty and Susan S. Doherty, Trustees of The Doherty Family Revocable Trust, dated May 14, 1998, whose address is 21857 Road 211, Friant, California 93626, have DEFAULTED upon their contract for the purchase of real estate, dated November 4, 2004, from Seller James Ivan Ridge, Grantor and Trustee of the James Ivan Ridge Trust, a Revocable Living Trust U /A /D 12- 21 -99, of 1382 Crow Creek Road, Afton, Wyoming 83110, whereby that same contract, by virtue of Clauses XIII A &B, is hereby TERMINATED. Clauses XIII A &B state: "XIII. DEFAULT, REMEDIES AND ATTORNEY FEES. A. TIME IS OF THE ESSENCE hereof, and any party who fails to tender any payment, or perform any other condition hereof as herein provided, shall 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 proper, or may treat this Contract as being in full force and effect and require specific performance of the items hereof. In lieu of the remedy provided above to Seller if Buyer is the defaulting party, Seller may elect to terminate the Contract and retain all payments made hereunder as liquidated damages, such amount being agreed by the parties hereto to constitute compensation for the loss of opportunity suffered by Seller due to such breach. B. In the event that any party shall become in default or breach of any of the terms of this Contract, such defaulting or breaching party shall pay all reasonable attorney 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." That real property described in Exhibits A B of that contract, which are attached herewith as same, shall hereby transfer fee simple to James Ivan Ridge, of 1382 Crow Creek Road, Afton, Wyoming 83110, as sole and separate rightful owner. Signed this 10'" day of September, 2010. 't'"' sz J•m =s Ivan Ridge, Grantor and Try ee of the James Ivan Ridge Trust, a Revocable Living Trust U /A /D 12 -21 -99 1382 Crow Creek Road Afton, Wyoming 83110 307 248 -3148 The foregoing instrument was acknowledged before me this 3Q day of 20 i rJ by James Ivan Ridge as Grantor and Trustee of the James Ivan Ridge Trust, a Revocable Living Trust, who does verify that he signs in the name of and by authority of said trust instrument. d and official seal: 'sion expires: RECEIVED 10/4/2010 at 11:05 AM RECEIVING 955831 BOOK: 754 PAGE: 870 JEANNE WAGNER JEAN A. JACKSON NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires November 21, 2012 Pr0leeslwl Land Surveyor. Paul N. Saheb* Wyo. Regl.a0oo Nn 104 Umh Registration No. 1670 kasha Roghln00n No. 3900 Nevado Regieln ten No.6606 Scan A. Seha Wyo. Registration No. 3089 Who Rogislro@m No. 0025 URA Rag4Wation No.272111 MARLOWE 6. SCHERSEL Wyo. Regislm6on No. 5369 Surveyor SeheAol, LTD. Alton, Wyoming 01g Pinny, Wyoming Jadoon, Wyoming lava Hol Sphgs, Idaho Monlpe5a, Maho D E S CRIPT IO N FOR JAMES IVAN RIDGE TRUST, A REVOC:\ It I.E LIVING TRUST, U/AJD DATED 21 DECEMBER 1999 DOHERTY TRACT To -wit: EXHIBIT A 0773 That part of the S %NW%, of Section 23, T31N It 119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 443 of Photostatic Records on page 129, described as billows: BEGINNING at the northwest corner of said S:'JN W%; thence N89 29' -33 "E, 1275,60 feet, along the north line of said S %NW' to a point on the westerly right of-way line of Bitter Creek C'uunty RoadNo. 12 -140; thence continuing, N89 29' -33 "E, 31.58 feet, ;iloilg said north line to a spike on the centerline of said Bitter Creek County Road; thence continuing, N89 29' -33 "E, 24.69 feet, along said north line, to the northeast corner of the SW/NV/ of said Section 23; thence S00 32' -44 "W, 71.18 feet, along the east line of said SW%,NW' to a spike on said centerline; thence S18 41' -47 "E, 367.05 feet, along said centerline, to a spike; thence S11 49' -59 "E, 109.31 feet, along said centerline, to a spike at the beginning of a circular curve to the left; thence southeasterly, 368.25 feet, along the arc of said curve through a central angle of 03 42' -30" having a radius of 5689.67 feet, to a spike at the intersection of said centerline and that tract of record in said Oflice in Book 497 of Photostatic Records on page 346; thence S89 27' -26 "W, 31.05 feet, to a point on said westerly right -of -way line; thence continuing S89 27' -26 "W, 203.91 feet, to a point on the east line of said SW' /NW' /4; thence S00 32' -44 "W, 278.98 feet, along said east line, to a point and leave said east line; .thence S89 26' -34 "W, 1333.33 feet, parallel with the south line of said SW' /.NW`/., to a point on the west line thereof; thence N00 36' -S8 "E; 1166.01 feet, along the west line of said SW'/.NW%, to the CORNER OF BEGINNING; ENCOMPASSING an area of 38.00 acres, more or less; the BASE BEARING for this survey is the west line of the NW' of Section 23, T31N R1 19W, being N00 36' -58 "E; 1TRU 1- 119.23Vim Doherty-Jim Ridge 'Modification in any way of the foregoing description terminates liability of the surveyor 09 4645 Pml,u on& Lend %Urvoyor. Peal N. Sdron.r Wyo. AgIUnIlon No. 164 IAA R.g$lr.yon No. 1670 Idaho 6.46rn1on No. 0990 Na.d. Roglyirliton N.. 6505 UDR A. SrMrSd Wye. R.g6°atIon No. 3888 Idaho A.ploln0.n No. 8725 1Nh Rs*WnlMn Ne. 312111 MARLOWE A. SGTIERBEL Wyo. ReglgnIen No. 5368 Surveyor Scheroal, LTO. Anon, WY.N08 Sig Pinoy Wyoming Jackson, Wyoming Lave Mel Spdngs Idaho Montpelier, Who 4'•r. Iry:;S r.1 DESCRIPTION FOR JAMES IVAN RIDGE TRUST, A REVOCABLE LIVING TRUST, U /AID 21 DECEMBER 1999 DOHERTY TRACT PAGE TWO C08 RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across a sixty (60) foot strip of land with the centerline described as follows: BEGINNING at a spike on the centerline or Bitter Creek County Road No. 12 -140, S11 41' -38 "E, 562.26 feet from the northeast corner of the SW%,NW /4 of Section 23; thence S67 32' -00 "W, 257.45 feet, to a spike; thence S39 11' -32 "W, 99.20 feet, to a spike; thence SS6 42' -44 "W, 339.40 feet,.t:o a spike; thence S03 24' -39 "E, 257.41 feet, to a spike on the south line of the above described tract; each "corner" found as described in the Corner Record filed or to be 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 A1 '1'ON WY PLS 5368 with appropriate details; 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" or a 2" galvanized steel pipe with brass cap inscribed, "PAUL N. SCHERBEL RLS 164 BIG PINEY WYOMING with appropriate details; all in accordance with the plat prepared to be lied in the Office of the Clerk of Lincoln County titled, "JAMES IVAN RIDGE TRUST, A REVOCABLE LIVING TRUST, U /A/D DATED 21 DECEMBER 1999 PLA'I' OF TRACTS WITHIN THE S'ANW'/ Si/4SW'A SECTION 23 T31N f) 9 LINCOLN COUNTY, WYOMING dated 14 October 104, as revised. ovember 2004 1TR'31.119.23Uim Doherty-Jim Ridge "Modification in any way of the f';�" r'�+i "4g description terminates liability of the: Professional Lana Sawyon Paul N. Sdt «°al Wyo. Rag6ba0on 90,194 U4h Rog *Madan No. 1970 Idaho Ra9lala0on No. 3990 Nevada Rgjs0alM No. 6905 Soa9A. Stlnrbal Wyo. Rag4lnlbn No. 39a9 Idaho Ra91In0on No. 5026 Ooh Ra04saaon No. 372111 MARLOWE A. SCNERBEL Wyo. Regla°allon Na. 6369 Sunayor Schadnl. Lro. Mon. Wyoming Rip Piney, Wyoming Aehnn, WyamMg Lava Non Spdnga, Who Monpoger, Idaho DESCRIPTION FOR EXHIBIT B JAMES IVAN RIDGE TRUST, A REVOCA It I.E.LIVING TRUST, U /A/D DATED 21 DECEMBER 1999 BIG RIDGE ROAD TRACT To -wit: C A strip of land sixty (60) feet in width, being part of the S %2SW' of Section 23, T31N R119W, Lincoln County, Wyoming, and being purl of that tract of record in the Office of the Clerk of Lincoln County in Book 443 of Photostatic Records on page 129, with the centerline described as follows: BEGINNING at a spike on the westerly right -ol =way line of Bitter Creek County Road No. 12 -140, S07 37' -54 "E, 327,05 feet from Station PI 260 +37.58, 30'RT, N29 -42'- 23"W, 1380.38 feet from the southeast corner of said S %SW` thence S79 14' "W, 16.83 feet, to a spike; thence N34 25' -42 "W, 72.45 feet, to a spike; thence S89 40' -12 "W, 777.12 feet, to a spike at the beginning of a circular curve to the left; 07; thence southwesterly, 399.23 feet, along the are or said curve, through a central angle of 52 24' -00" with a radius of 436.53 feet to a spike; thence S37 16' -12 "W, 243.28 feet, to a spike at the beginning of a circular curve to the right; thence southwesterly, 254.26 feet, along the are of said curve, through a central angle of 30 36' -06 with a radius of 476.06 feet to a spike; thence S67 52' -18 "W, 376.19 feet to a spike; thence S63 05' -48 "W, 99.31 feet, to an intersection with the west line of said Section 23, N00 03' -49 "E, 559.64 feet, from said southwest corner; ENCOMPASSING an area of 3.12 acres more or Icss; the BASE BEARING for this survey is the west line of the NW' of Section 23, T31N R119W, being N00 36' -58 "E; SUBJECT to that easement of record in said Office ice in Book 379 of Photostatic Records on page 188; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities across the entire above described tract appurtenant to lands of the Grantor in Section 23; the northerly and southerly lines of the above described tract to be shortened or lengthened as necessary to create a continuous tract with a minimum width of sixty (60) feet to meet the westerly right -of -way line of said Bitter Creek County Road No. 12 -140 and the west line of said Section 23; each "spike" and "intersection" marked by a 3/8" x 12" steel spike referenced by two (2) 5/8" x 24" steel reinforcing rods with 2" alumimlm cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; \TR\3 1 -t 19 -23Vim Doherty -Jim Ridge "Modification in any way of the foregoing dest:ription terminates liability of the surveyor" Prda.do PI Lend Surveyors Paw N, Sdruetl Wyo. Registration No. 164 Utah Registration No. 1676 Idaho Registration No. 3990 Nevada RsgNN tin No. 6805 Senn A. ScheNal Wyo. Reglsualion No. 3666 Id.M Reglaketten No. 6026 Utah Rghlndnn No. 372111 MARLOWE A. 6CHERBEL Wyo. Registm on No. 536A Surveyor Scheib*, LTD. Mm Wyoring Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho MonlpNies, Idaho DESCRIPTION FOR JAMES IVAN RIDGE TRUST, A REVOCA 11I i I,IVING TRUST, U /A/D DATED 21 DECEMBER 1999 BIG RIDGE ROAD TRACT y PAGE TWO 0(1 4 all in accordance with the plat prepared to be lilcd in the Office of the Clerk of Lincoln County titled, "JAMES IVAN RIDGE TRLIS'I', A REVOCABLE LIVING TRUST, U /A/D DATED 21 DECEMBER 1999 PLAT. OF TRACTS WITHIN THE S Y2NW Y, SY�SW'Y4 SECTION 23 T31N R1 J'' INC(:)LN COUNTY, WYOMING dated 14 Octob 2004 s revised. wl•i=: 0904645 ovember 2004 0776 1TR\31 -L 19 -23Vim Doherty -Jim Ridgc "Modification in any way of the f fr1 description terminates liability of thi: 4�or'