HomeMy WebLinkAbout956460In Re: Martha Raye Blois,
UNITED STATES BANKRUPTCY COURT 00i; SG
DISTRICT OF NEW MEXICO
Debtor. No. 09 -14249 j7
TRUSTEE'S MOTION TO SELL PROPERTY
LOCATED AT COMMISSARY RANCH, LINCOLN COUNTY, WYOMING
CLARKE C. COLL, CHAPTER 7 TRUSTEE HEREIN, by his undersigned attorney, moves
this Court for an Order authorizing the sale of property of the estate as follows: Property located at
Commissary Ranch, Lincoln County, Wyoming as more particularly described hereinafter; said sale
being to Dick A. Walker, Sally A. Walker, Ted K. Walker and Linda A. Walker "Buyers for a
sales price of $20,000.00 payable at closing; and states as follows:
1. Debtor filed her voluntary petition under Chapter 7 on September 18, 2009; Clarke C. Coll
is the duly appointed Chapter 7 Trustee.
2. At the time of the filing of the petition herein, Debtor was the owner of real property
located in Wyoming. Property is further described as follows:
Lots 14 and 15, Section 19 all in Township 24North, Range 115 West of the 6th
P. M., Lincoln County, Wyoming Now described as Lots 104 and 105 of the
Commissary Ranch Unit E Subdivision, Lincoln County, Wyoming
3. The Buyers have offered to purchase said real property from the estate for $20,000.00
payable at closing of said sale, closing on or before September 24, 2010. The Trustee has accepted
this offer subject to court approval. A copy of the contract is attached hereto as Exhibit "A
4. The Trustee is requesting approval to pay all costs of sale at closing which are estimated
to be $726.15 which will result in net proceeds to the estate of approximately $19,273.85. Trustee
RECEIVED 11/1/2010 at 2:33 PM
RECEIVING 956460
BOOK: 756 PAGE: 486
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Case 09-14249-j7 Doc 29 Filed 08/09/10 Entered 08/09/10 15:16:18 Page 1 of 9
is not required to pay any commission to broker as the broker is the Buyers' agent and Buyers will
compensate broker.
5. The Trustee believes that this sale will result in a maximum benefit to this estate and will
expedite closing of this estate.
6. The Trustee believes that the above referenced offer is reasonable and recommends that
this sale be approved by the Court.
7. Proceeds from the sale will provide a distribution to unsecured creditors.
WHEREFORE, the Trustee moves this Court for an Order authorizing sale of the real
property located at the Commissary Ranch, Lincoln County, Wyoming to Buyers under the terms
and conditions as set forth hereinabove; for approval of payment of costs of sale at closing; and for
such other relief as is just.
S:\OICCC\Trustee Asset Cases'Blais\Motion to Sell Kral Property of the Estate.wpd
Sanders, Bruin, Coll P.A.
Clarke C. Coll /S /S
Clarke C. Coll
Attorney for Trustee
P O Box 550
Roswell, NM 88202
(575) 622 -5440
(575) 622 -5853 Fax
I certify that on this 9th day of August, 2010, I mailed a foregoing to the Office
of the US Trustee, P 0 Box 608, Albuquerque, NM 87103.
Clarke C. C bmitted Elect onicall
Clarke C.
11
ed Electronicall
Case 09- 14249 -j7 Doc 29 Filed 08/09/10 Entered 08/09/10 15:16:18 Page 2 of 9
AUG -06 -2 1:17 RMTIA QUALITY REAL 1 307 877 3 P.
Quality Builders Realty
PO Box 72
Kemmerer, WY 83101
Phone: 307 877 -3988, Pax: 307 877 -3300 00488
1. OFFERTOPURCHASE dated July 30, 203.0
CONTRACT TO BUY AND SELL REAL ESTATE
(FARM RANCH)
(VACANTLAND)
Prepared: Auliv 30. ?01O
Retnmerer
A
Wyoming
Dick A. Walker
Sally A. Walker
Ted R. Walker
Linda A. Walker
2 to
Clarke C. Coll, Trustee Blais Bankruptcy Notate, 09 -14249
3 "Seller Subject to the provisions of this offer, if accepted by Seiler, Buyer agrees to buy and Seller agrees to sell the following
4 described real estate situate in the town or city of xe6mlarar in the County of Lincoln
s Wyoming, commonly known as
6 Commissary Ranch, Lincoln County, Wyoming
7 and more particularly described as:
8 Lots 14 and 15, Section 19 All in T24N, R1151! of the 6th PM, Lincoln County
Wyoming Now described as Lots 104 and 105 of the Commissary Ranch Cnit E Subdivision, Lincoln County.
Wyoming
9 with all improvements thereon, easements and other appurtenances and all fixtures of a permanent nature currently on the premises
10 except as hereinafterprovided, in their present condition, ordinary wear and tear excepted, and including all personal property described
11 herein (hereinafter "Property").
12 II. EARNEST MONEY. Buyer delivers 1.000-00 in the form of personal chaalip with
13 Broker working with the Buyer, Quality Builders 4 Realty tine. (Selling Broker's Name),
14 select one):
1s Pg herewith, which Broker working with the Buyer acknowledges having received, or
16 0 no later than hours after mutual acceptance hereof.
17 Viiltkig\Bildkltlt Ouality Builders s Realty zno. shall deposit such funds (in its trust account) or XIn\art•atyllia iittIewnist.
18 1a» CklnOidth\\\\\\\\\\\\\ \N \1 \1 \gistb)rr11 Aid 11tMddt') by close of the next banking day following
19 its receipt 6-om Broker working with the Buyer, or from Buyer, and shall retain such funds in such account. If the eamest money
20 deposit is not received as described in this section, this contract shall be void. ai)afttikta3roker shall not disburse such deposit until
21 Buyer's check has cleared Buyer's bank and, if this offer has been accepted, until closing or until the parties hereto have otherwise
22 agreed in writing regarding disbursement of such funds.
23 IIL PURCHASETERMS Buyer agrees to buy the above described property upon the following terms and conditions and for a
24 purchase price of 29. 4Q0.00 twenty thousand
25 Dollars payable as follows:
26 1.000.00 earnest money deposit; and at least
27 0.00 by obtaining a new loan (per Section 1V A); and/or
28 0.00 note and mortgage to Seller (see Section XV Additional Provisions for Terns); and/or
20 0.00 (other)
30 19, 000.00 (approximate) balance of purchase price to be paid in collected or immediately available
31 funds acceptable to the closing firm.
32 IV. LOAN TERMS.
33 A. If a new loan is to be obtained. describe and add special terms, if any Loan Type/Terms
34 n/a
35 Said loan to be amortized fora period of n/a years et an initial lnterestratenot to exceed nia %per annum resulting in initial
36 C7 (monthly) 0 (annual) (select one) payment of principal and interest ofapproximately n/a
PREPARED DY: David A. Fagnant. Broker
WAR Fonn 320 -0510. Contract to Ouy and Sell Real Estate Farm 8 Ranch Vacant Land 2010D. Wyoming Association of REALTORS®
Rea1FA5T48 software, O2 1O, V$feforg6.18. Software Regieteted to Office Manager. oualfy Builders Realty
01/31110 1&50:32
EXHIBIT St:Lex
9UYER {Sl
Case 09- 14249 -j7 Doc 29 Filed 08/09/10 Entere. 1 6:18 Page 3 of 9
08/08/2010 FRI 13:59 [TX /RX NO 5845] IJ 005
RUG 06-2010 14:17
OO9
37 If Buyer agrees to accept and can qualify for terms other than the above, the approval of the Seller shall not be required, provided the
3B Seller incurs no additional expense as a result thereof.
39 /MINCOX/4•AVIUMCIIIOM ViVite► ale \rgi 001 alvai`WxW a" rl7a6M7
40 \y►.\ ‘Qdrtt 17 CNAlitaletheial 4 4eadONM44bAde� Wiktih" M741I1C` A 1 0C 41 l i �t`i �f
41 \\\wtl47 �lt� Rabb T1117)aNki�aV ANN I0b kte\ailtt►l la4V4h44ete V�llil nstn \Maa0;a ttub\attn‘l
"117b)uWn ski 1"\\\\\\\\\
43 �6.\V9>1jl�ekblalY )3101861‘I 0MINIttt> n\> f00 healibkab' fbl> SifWi+ llk\\\\\\\\ l e
\\\\\\�\t(DTt{e�,
44 hfrbdel�N1a1Llll►ltlat t hilki ath) ti elMbIllAhlalllefid ls�r
dtehddtfi filthWi b\a a i>
�t'k
\irewetrektra i tPekli s&khaanVifiet1d1kaOttedn ►lb3►M� sle�b� W' aaMkadat i;tipitleMa
\lt AINkbHly bha ILNAWN 1en`ftrb0hdarl
‘‘a \VQdtit kie\ilrkt� t AISttfieltlIMto \l�r1de1 Vti11al�1ib111arNauk ldnUMM eNyhltbIKUSdd ►iA11MrthVtaaekkMe\ klaibd;
VWitet\ halo\ is 1tltkt\ bleihth )r listitch\at'1iktabilthel1�► a�Vit' akte MINiklarlslak►lebteaihieh\tivba ra julik,e'
bbM401lklelibMittsbel*tite\ash> IT
aMIMIN *XMdb)11h1t2il itl�bdd► VilVt�hrldhOnditlatlsl
11t•CheMeNiklHa1 Ulu\luMeideadde I'iemAithlikkee$blratkb t'itb�t1MSltatklnINVtlutdugk`d Tells%talitt'M*
WAWA ihatttc irt►dlellda ee8 Seter\�Intf♦NA*Ntighl tlelrVAI4lclilt >lttdct�h�t`l.kkaa∎Ohtt. N3blithiVt∎ Aslit� AVaiubk%WIIe al3tibk
Vrelity�bi Shfler\ b WelthWelilraVaS elFdr�nlAlit`b\3aWorEtyleKteMee IVIdclihhlidn \894.1thadrNteVoick .B ar�dr
`61e1iCa
WILIAM% jifih dt bktt ik \\\et\
VI. CLOSING COSTS.
A. Buyer shall pay the following lo and closing costs in cash or certified funds at closing, or on the date specified by lender:
1. Loan origination fee, discount points, credit report, appraisal, inspections and /or certificadons;
2. Any other costs of securing financing;
3. Any prepaid tax, leases /permits;
4. Recording fees for warranty deed and mortgage;
5. Fees for the tide insurance policy as described in Section VW B below.
6. Other:. ea others
B. Seller shall pay the following closing costs In cash or certified funds at closing:
1. Recording fee for any mortgage releases, deed preparation, statement of consideration and Owner's title insurance policy
as stated in Section VIII B below;
2. Other no *therm
C. Closing fee shall be paid by 0 (Buyer) D (Seller) (select applicable): 50% front :Holler and 504 from guvar
D. General taxes for the year of closing based on the most recent assessment shall be apportioned through date of closing.
E. irrigation assessments will be paid as follows n/a
VII.ITEMS INCLUDED IN PURCHASE PRICE.
A. Price shall include all fixtures currently on premises, Including but not limited to, llllli At11�'bldtttt had�A it6fiklt�s.
all outdoor plants, lutr\ddalfitlollkl�tlW�nit�thl \lilttti ee3rild\di)drktn4 \lcbbltel4 It lrhi�ek \lbtlilintk�ljl\isiakitade blli�
Na ra �lb)h\tvlddoWs�n�adatl tis, thlltk�dbtith esaIRIVAtrbl�WtalleMA leb atiale4i164Mti�t3aMfichlih*'y\
�at1 Nt tItkldeltk elitt \b9lL�tdarbl►llhfiaatltkd&kuufb lellW gb11biNttet�chheitn\ ilrb s\ hOvhitt1l ,4IskleMdll�eblet�sYltdtlaleld
SABeVI 1k tr k Orle ?ele0eb��� a t't alt�
V rhgat kin tits gates, auto gates/cattle guards and iMtblr ►isA
}I
no others
45 'Velr,\li�bblaoo\ 6MtllbVk�BVkluVIII t'WadWKS d+o1a\fit�hlkWeN BekilWabi�e Me\
46
47
48
49
30
Sf
52
53
64
55
56
57
58
39
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
RMTIA QUALITY REALTY 1 307 877 3300 P.06
79 PROVIDED, HOWEVER, that the following fixtures of a permanent nature are to be EXCLUDED from the sale:
80 None
s t Seller agrees to remove all such excluded fixtures in a wodcmanllke manner without causing damage to the premises, on or before
B2 the date of possession or closing, whichever is sooner. Any such damages shall be repaired at Seller's expense.
83 B. The price shall also include the following personal property items currently on the premises:
84 None
as in the condition as stated in Section X below.
86 C. To include the following air rights:
87 all
Bs D. To Include the following mineral rights:
89 those of record
90 E. To include the following leases, agreements and permits (surface damage, grazing, water discharge, oil and as, etc.):
91 Noma known
92 F. To include the following water rights (ground, surface, reservoir, pipeline and stockwater):
PREPARED BY: David A. Fagn ed. Broom
WAR F0(111 320.O$10. Contract to Buy and Sell Real Estate Farm a Ranch Vacant band 2010D. Wydrlmng Association of REALTORS®
Rea1FA$TO Bothnia, V2010, 6.16. Software Raglalared to: Office Manager. Quality BuSdar$ a Realty
/1 Cif r 1 07/31/10 15:50 :52
laments) Of
Page 2of7
SELLER(S)
Case 09- 14249 -j7 Doc 29 Filed 08/09/10 Entered 08/09/10 15:16:18 Page 4 of 9
08/06/2010 FRI 13:59 [TX /RX NO 5845) fJ 006
AUG -06 -2C :17 RMTIA QUALITY REAL
93 those of record
94 G. To include the following growing crops:
95 none
96 H. The Price shall also include any propane or other heating liquid remaining in any tank on the
97 VIII. TITLE.
98 A. Title shall be conveyed to the following named Buyer's):
Dick A Walker and Sally A Walker, Husband and Wife Tenants by the Entirety as
interest And Ted K. Walker: and Linda A, Walker as Husband and wife Tenants by
undivided 1/2 interest
90
an 0 (Sole Owners 0 (Husband and Wife), 0 (Joint Tenants with Rights of Survivorship), 0 (Tenants in Common), 0 (LLC),
loo 0 (Partnership), D (Corporation). 0 (Trust) (Buyer select one.)
lot B. Seller agrees to furnish, at Seller's expense, a current conunitment for an Owner's title insurance policy in an amount equal to
lag the purchase price, showing merchantable title in Seller. Seller agrees to deliver the title Insurance commitment to Buyer no later than
103 3luauat 20, 2010 and deliver the policy to Buyer without unreasonable delay after closing and pay the premium thereon at
104 the time of closing. Buyer, within days of receipt of the title insurance commlttnent and exceptions, encroachments, covenants,
103 and/or casements identified therein shall identify and provide to Seller, in writing, notice of any title defects which Buyer is requesting
106 be addressed before closing. Buyer shall pay for any Mortgagee's title policy and any endorsements required by Lender or Buyer.
107 C. Title shall he merchantable in Seller. Seller agrees to execute and deliver aVduarldeMu4ktltl+ h3, or Trustee' a deed,
w8 including the release and waiver of all homestead rights, if any, and a good and sufficient bill of sale to Buyer conveying said real and
w9 personal properties. Title shall be subject to general taxes for the year of closing, local improvement districts, irrigation ditch right of
Ito ways, guaranteed revenues to utility companies, building and zoning regulations, city, county and state subdivision and zoning laws,
111 easements, testrictivu covenants, and teservations of record and the following additional encumbrances to include unrecorded
1 1 2 easements which shall NOT be released or discharged at closing:
113 nono known
114 D. Except as stated in Section VIII C above, if title is not merchantable or otherwise recontabte and written notice of such defects
115 in title is given by Buyer to Seller or Listing Broker within the time herein provided for delivery of deed and shall not be rendered
116 merchantable within 30 days after such written notice, then this contract, at Buyer's option, may be specifically enforced or
117 may be declared void and of no effect, and each patty hereto shall be released from all obligations hereunder and the payments
118 made hereunder shall be thereupon returned forthwith to Buyer; PROVIDED, HOWEVER, that in lieu of correcting such defects,
119 Seller may, within said 30 days, obtain a commitment for Owner's title insurance policy in the amount of the purchase price
120 reflecting title insurance protection in regard to such defects, and Buyer may elect to accept the then existing title insurance
121 in lieu of such merchantable title, in which case Buyer shall be deemed to have waived such detect. Seller shall pay the full
122 premium for such Owner's title insurance policy.
123 E. The surface estate may be owned separately from the underlying mineral estate, and transfer of the surface estate does not
124 necessarily include transfer of the mineral rights. Unless this Contract specifically includes the transfer of the mineral estate. this
123 transaction is for the surface estate only. Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or
126 under the property, which may give them rights to enter and use the surface of the property. Such matters may be excluded from the
121 tide insurance policy. Buyer is advised to timely consult legal counsel with respect to such matters.
128 F. Buyer acknowledges and agrees that Buyer has been advised to carefully review the title commitment and any other rights
1 (water, mineral, air) and all exceptions, encroachments, covenants, easements, and related matters described therein or otherwise
130 identified.
131 Other than the defects submitted to the Seller in writing pursuant to VIII B. above, or In the event no title issues are raised In writing
132 by Buyer, Buyer accepts the condition of title as satisfactory.
133 iX. CLOSING AND POSSESSION.
134 A. Closing shall occur on or baforo 9/24/10 or as otherwise mutually agreed in writing between the parties.
1 3 5 at a time and place which shall be designated by Listing Broker. Seller, at Seller's option, may continue to offer subject property for
136 sale until closing. Seller understands, however. that any additional offer accepted may subject Seller to remedies provided by law for
137 breach of this Contract.
138 B. Possession shall be delivered to Buyer on rlav of c3.osina A:0 Ncirta./p.m. or as otherwise
1 mutually agreed in writing between the parties. If Seller fails to deliver possession by the date herein specified, Seller shall be subject
140 to aviator by Buyer. 'Ibis remedy is in addition to any other comedies Buyer may have.
141 C. Possession shall be subject to the following leases or tenancies:
142 None
143 1. Copies of ail leases and/or tenants' written verifications of rental terms, secutity /damage deposits and status are attached
144 hereto and accepted by Buyer. Seller agrees to notify Buyer of any change in tenant status immediately.
145 X. CONDITION OF PROPERTY.
146 A. Setter represents that upon execution of tbb Contract:
PREPARED HY: David A. Pagllala, Broker
WAR Fom1320.0510, Contact to Buy and Ben Real Estate Farm Randy Vacant land 20100. Wyoming Association or REALTORS
RealFAST. Software, 42010, s 6,16. Software Registered to: Office Manager, Qualify BUllders Realty
BUYERS) w 07/51/10 18:60:32
1 30? 87? 3?' 07
0®v:490
premises on date of closing.
an undivided 1/2
the Entirety as to an
SE
Case 09- 14249 -j7 Doc 29 Filed 08/09/10 Entered 08/09/10 is :1 P act NO 5845] 9
o 1 007
AUG-06 -2010 14:18
t47 I. There are no known violations of applicable city, county and/or state subdlvisbn, zoning, building and/or public health
148 codes, ordinances, laws, and regulations and any recorded covenants in force and effect as of that date except:
149 piorte
150 NOTE: Whether a property meets the above codes, ordinances, laws. riles and regulations is a technical question which
tsa may require special expertise. If the Buyer has concerns about these issues, the Buyer should contact the applicable
132 departments of the city, county, and/or state or retain a fern with specialized expertise to investigate the issue.
153 2. The property, and all fixtures, appurtenances and improvements thereon, shall be conveyed in their present condition,
154 ord wear and tear excepted, unless otherwise agreed in this Centred.
1ss 3. Property Disclosure. (Initial a orb).
156 a. The condition of the property is as stated in the Property Condition Statement(sySupplemcnt(s)
1s7 Initial Initial WAR Form 900F An accurate and complete copy of which is attached hereto and incorporated herein.
158 0 additional supplements (check appropriate boxes):
159 b. A Property Disclosure is not available. OOiLA91.
160 initial Initial
161 4. Buyer may, at Buyer's option and expense, inspect the property as provided in Section X1 iNSPECTJONS below.
162 13. Buyer acknowledges and agrees that, upon execution of this Contract:
163 1. Buyer is not relying upon any representations of Seller or Setter's Agents or reprrscntatives as to any condition
164 which Buyer deems to be material to Buyer's decision to purchase this property; and
165 2. Buyer has been advised by Broker wodctng with the Buyer of the opportunity to seek legal, financial, construction, air
166 quality (such as mold) environmental (such as radon and lead -based paint) and/or professional property inspection services
167 regarding this purchase.
168 3. SQUARE FOOTAGE/ACREAGE VERIFICATION: Buyer is aware that any reference to square footage of acreage of
169 die real property or improvements is approximate. If square footage or acreage is material to the Buyer, it must be
170 verified during the Inspection period.
171 X1. INSPECTIONS.
172 A. Buyer may obtain, at no expense to Seiler, electrical, mechanical, structural, air quality (such as mold), environmental (such as
173 lead -based paint, radon), and/or other Inspections of the property by qualified professional inspectors and/or engineers, and shall pay
1 for any damage to Seller's property caused by such inspectors and/or engineers. Buyer, or designee, shall have the right to make any
175 inspections of the physical condklon of the property at reasonable times, upon at least 24 hours advance notice to Seller. Unless Seller
176 receives written notice, signed by Buyer on or before Auauat 16. 2010 5 00 \h,1d►/p.m.(Objection Deadline)
177 of any defect(s) the property shall be deemed satisfactory to Buyer.
178 B. If inspections disclose defects of the property before the objection deadline set out in XI A, the cost of repairs shall be paid by
179 agreement of the patties. If the parties are unable to agree on payment of additional costs, this contract shall be voidable at the option
IRO of Buyer, upon written notice to Seller no later than Ararat 19, 2030 5: 00 s ihYp.m. (Resolution Deadline).
181 C. if Buyer elects to void the contract in accordance with Section XI (B) above the earnest money deposit shall be returned to
182 Buyer pursuant to the requirements of Section Il above.
183 D. Waiver of Defects. Buyer acknowledges that he has had ample opportunity to inspect the property and has done so to
te4 Buyer's satisfaction. Other than repairs or defects submitted to the Seller In writing pursuant to X1 (A) or (B) above, or in the event no
n83 repairs or inspections art required by Buyer, Buyer accepts the property in its entirety in "as is, where it" condition without any
t8a implied or express warranty by Seller or by any Broker.
187 XiI.USDA GOVERNMENT PROGRAMS
ra8 Greek One)
189 II Seller does NOT participate In USDA Governentent Programs
190 0 Seiler DOES participate in USDA Government Programs
191 All beneficial interest that the Seller has in the crops will be transferred to the buyer on the day of closing. Buyer agrees to maintain
in any existing contracts established with the Farm Service Agency, Naturally Resource Conservation Service and or cooperating agency.
tos Conservation Reserve Program contracts will be assumed and maintained by the Buyer with all payments prorated to the day of closing
194 by the Farm Service Agency. On the day of closing both Buyer and Seller will contact the Farm Service Agency and Natural Resource
1 Conservation Service to update ownership records.
196 X I i I. INSURANCE.
197 Buyer hereby aclatowledges that Buyer has been advised to investigate, research and obtain a written commitment for adequate
Mt property and liability Insurance prior to closing.
199 XIV. RISK OF LOSS.
200 Risk of loss shall remain with Seller until delivery of deal. In the event that the premises shall be damaged by fire or other
101 casualty prior to time of closing, in an amount of not more than 10% of the total purchase price, Seller shall be obligated to repair
202 the same before the date he ein provided for delivery of deed. in the event such damage cannot be repaired within said time
203 or If such damage shall exceed such sum, this contract shall be voidable at the option of Buyer. Should Buyer elect to carry out this
204 Contract despite such damage, Buyer shall be entitled to all of the insurance proceeds resulting from such damage.
201 XV. DEFAULT, REMEDIES AND ATTORNEY'S FEES.
206 A. TIME IS OF THE ESSENCE hereof, and any party who fails to tender any payment, or perform any other condition hereof
207 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
2011 Contract as breached and recover such damages as may be proper, or may treat this Contract as being in full force and effect and
209 requite specific performance of the terms hereof. In lieu of the remedy provided above to Seller if Buyer is defaultng party, Seller may
PREPARED BY: David A. Fagnant, Bro8or
WAR Font 3200510, Contract to Buy and Sea Baal Estate Fenn Ranch Vacant Lend 201002 Wyoming Association of REALTORS
RealPA$TOD Software. 10, 8.18. Software Reglntered to: OlOce Manager. Duerr Builders a Reaib
�y� 07/31/10 16:50:32 SE
BUYER(B) (P
RMTIA QUALITY REALTY 1 307 877 3300 P.OB
Case 09- 14249 -j7 Doc 29 Filed 08/09/10 Entered 08/09/ 1 s 1 :18 Page N o of s g ooe
AUG -06 -21 18 RMT IA QUALITY REAL 1 307 877 3 _.._..P_ P .09
210 elect to terminate the Contract and recover such damages as may be proper, or Seller may elect to retain all payments made hereunder
211 as liquidated damages, such amount, if elected by Seller, being agreed by the parties hereto to constitute compensation for the loss of
212 opportunity suffered by Seller due to such breach.
213 B. In the event that any party shall become in default or breach of any of the tears of th is Contract. such defaulting or breaching
214 party shall pay all reasonable attorneys fees, costs and other expenses which the non breaching or non defaulting party may incur in
21s enforcing this Contract with or without formal proceedings. This provision shall not limit any other remedies to which the parties may
216 otherwise be entitled.
217 C. Seller agrees that In the event of any controversy regarding earnest money or things of value held by Broker, unless
no Broker receives written instructions from both Buyer and Setter resettling disposition of the earnest money or things of value, Broker,
219 in its sole discretion, may hold the earnest money or things of value or may interplead all parties and deposit the earnest money deposit
220 or things of value into a court of competent jurisdiction. Broker shall be entitled to recover its attomey's fees and costs from the
221 losing party in the action in which the funds are interplead, but if no such award or payment is made, Broker shall recover its court
222 costs and reasonable attorney's fees from the interplead funds or things of value.
223 XVI. ADDITIONAL PROVISIONS.
224 This Sala is aubleat to Bankruptcy Court Approval. Seller/ Trustee makes no warranties or �n/{
representations concerning condition of the aubjocttra property. Sale is "WHIMS IS, AS IS" TL
(e
225 XVILADDENDA ATTACHED: (Check aU that apply.)
+��OO492
226 Lead -Based Paint Disclosure Easements
227 Addendum for Additional Provisions Covenants
228 Real Estate Brokerage Disclosure Form 1031 Tax Deferred Exchange Notice
220 Consent Amendment In- Company Transaction Disclosure Eviden of Authority
230 Property Condition Disclosure Other:
231 Covenants and Preliminary Title Commitment
232 XVIII. CONSENTS AND ACKNOWLEDGEMENTS.
233 A. MI prior representations made in the negotiations of this sale haw been incorporated herein, and there are no oral
234 agreements or representations between Buyer, Seller or Brokers to modify the terms and conditions of this Contract.
233 B. Brokers are authorized to disclose information regarding this sale, and terms thereof, for cumparable sold data and statistics
236 to any Multiple Listing Service, Board of REALTORS certified appraisers, or potential clients or customers, but only after the
237 closing of this transaction.
238 C. This Contract is executed in multiple copies and by their signatures hereon each parry acknowledges receipt of a signed
239 copy at the time of signing. Signature pages transmitted by telecopier or electronic transmittal via scanned pdf copy shall be deemed to
241 be original signature pages with the same legal effect as manual signatures, with original signature pages to follow.
rat D puality Builders Realty Inc. (Broker Working wkh the Buyer) hereby discloses that it is working with
242 the Buyer as (Seller's Agent) (Seller's Subagent) 0 (Buyer's Agent) LJ (Intermediary) (Customer) (select one) and will be
243 compensated by 1251(Buyeer) (Seller) (or (select applicable). Buyer and
244 Seller have consented to that arrangement. Buyer has received, read and acknowledged a Real Estate Bmkerage Disclosure and an
245 executed copy of the Disclosure is attached hereto. Broker, working with Buyer hereby delivers to Broker working with the Seller, a
246 copy of the executed Real Estate Brokerage Disclosure.
247 XIX OFFER BY BUYER.
248 If this offer is accepted by Seller in writing on or before september 0) 203.0 at 5:00 NA)NI./PM., the
249 parties hereto, their heirs, successors, representatives and assigns shall become bound to the teens hereof.
250 THIS IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS,
251 CONSULT LEGAL OR OTHER COUNSEL BEFORE SIGNIN C.
252
Quality Builders Realty
PO Box 72
Kemmerer, WY 83101
Phone: 307 877 -3988,
sax: 307 877 -3300
PREPARED BY: Marta A. P(tynant, Brokor
WAR Form 320.0510, Contract to Buy and Sea Real Estate Farm 8 Ranch Vacant Land 20100. Wyoming Ascoc*ONen of REALTORS®
ReolFAST® 02010. a 6.16. Software Registered to: 01800 Manager, Quatlb Builders a Bantry
07/$1/10 le:50:32
BUYER(S)
SE
Case 09- 14249 -j7 Doc 29 Filed 08/09/10 Ent 1 a5:1 15:16:18 a of a lib cos
uzi nit j 7
AUG -06 -2010 14:16
BUYER
Dick A. Wacker
B.O. Box 98, Frontier WY
Homo Its 307 871 4047
BUYER 5 /1 0-t
Sally A. Walker
P.O. Box 98, Frontier WY
Roma 0: 871 4047
BUYER A --/la .4 JG
Tod R. Walker
B.O. Box 7, Frontier, WY
723 -5662
Lin A. alker
P.O. x 7, !frontier, WY
Dome, 723 -5662
RMTIA QUALITY REALTY
"amass
WITUBSS
WITNESS
XX. DISCLOSURE BY BROKER WORKING WITH SELLER.
Broker a/a (Broketsge Firm), hereby discloses that it is working with the Seller as a
(Seller's Agent) 0 (Intermediary) 0 (Customer) or (Select One) and will be compensated by (Seller) (or
(Select applicable). Seller has consented to this arrangement. Seller has received, read and acknowledged a Real Estate Brokerage
Disclosure and an executed copy of the Disclosure Is attached hereto. Broker working with Seller, hereby delivers to Broker
working with the Buyer, a copy of the executed Real Estate Brokerage Disclosure.
253
254
255
256
257
238
259
260 Listing Broker hereby acknowledges receipt of this contract to Buy and Sell Real Estate on at A.M./PM.
261 HIM mina Werkina with Bankruptcy trUatee
262 Address
271
273
273
263 By
264 Phone
265 XXI. ACCEPTANCE OF SELLER.
266 THIS IS A LEGALLY BINDING CONTRACT. W YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS,
267 CONSULT LEGAL OR OTHER COUNSEL BEFORE G INC.
264 THIS OFFER WAS RECEIVED by me as Seller on 3. a at b1.111
269
270
Clarke C
SELLER
By: ke C. Coll
THE UNDERSIGNED SELLER (whether one or more) ACCEPTS the foregoing offer on
XXII.REJECI'ION BY SELLER.
THIS OPFER IS HEREBY REJECTED ON at
A.M./P.M.
PREPARED BY: Davld A. Fagnant. Broker
WAR Form 320. 0810. Contract to Buy and Sell Real Estate Farm Rancf Vacant Land 20100. Wyo ang Association of REALTORS®
ReaIFASTO Software. 02010, Vemion 6.16. Software Registered to Office Manager. Quality Builders Realty
07/31110 19:50:32
1 30? 87? 3300 P .10
2 /v
773, 4..,o
7/3/17 acv
-7
000493
DATE
DATE
DATE
(Seder's Initials).
at MA_ (A ./P.M.
ptcy Rotate, 09 -14249 /O
CTl1>iSS DATE o
Case 09- 14249 -j7 Doc 29 Filed 08/09/10 Entered 08/09/10 13 18 :1 8 r o l e 5 of 9 IZ o t o
Page 6of
RUG- 06 -2,_
1: 18 RMT I A QUALITY REAL
Clarke C. Coll, Trustee Blain Bankruptcy Estate, 09 -10249
SELLER WITNESS DATE
By: Clarke C. Coll
274 Seller has refused to execute *rejection of this offer and/or has authorized me to reject this offer on his behalf.
27S
276
277 Broker Date
2711 XXHI. BUYER'S RECEIPT OF ACCEPTED CONTRACT OR REJECTED CONTRACT.
279 BUYER ACKNOWLEDGES RECEIPT of accepted or rejected contract on at
BM= WITNESS DATE
Dick A. Walker
BM= WITNESS DATE
Sally A. Walker
SUTER WITNESS DATE
Ted E. Walker
BUYER WITNESS DATE
Deputy Clerk
Linda A. Walker
PREPARED BY: iavld A. Fag Brdlkar
WAR Form 320.0670, Contract ter If u !nd Sa3 Rant Estate Farm a Ranch vacant Land 20100. Wyoming Association of REALTORS'S
Rea1FASTW Software, 42201 Version 616 ftware Regielerad to office Manager. Quality sunders Realty
CERTIFIED a true copy of page(s) 07131!10 i s o:02
of the original filed in the office of the Clerk,
Upited States Batikruptcy. Court.
1 307 877 3: P.11
0
A.M. /P.M.
Case`0944249 -j7 Doc 29 Filed 08/09/10 Entered 08/ Page s f 9 eon
Page 7 or 7