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HomeMy WebLinkAbout958628ASSIGNMENT OF SELLERS' INTEREST UNDER REAL ESTATE SALES AGREEMENT 000458 THIS ASSIGNMENT OF SELLERS' INTEREST UNDER REAL ESTATE SALES AGREEMENT is made by and between Ronald H. Stoltenberg and Marilyn K. Stoltenberg, husband and wife, of PO Box 40, Auburn, WY 83111 "Stoltenberg and the Bank of Star Valley "the Bank a State of Wyoming banking corporation, of PO Box 8007, Afton, WY 83110. WITNESSETH: That by a Real Estate Sales Agreement dated March 1, 2011 "the Agreement Stoltenberg, as Sellers, agreed to sell to Dale A. Fluckiger and Lanis Fluckiger, husband and wife, as Buyers, for the sum of $380,000.00 payable $30,000.00 down and the balance of $350,000.00 together with accrued interest in certain annual payments until November 1, 2016, when the entire remaining balance is due and payable in full, the following described real property in Auburn, Lincoln County, Wyoming: S1/2SW1/4 of Section 36, T33N, R119W of the 6th P.M., Lincoln County, Wyoming. Subject to all covenants, conditions, restrictions, reservations, exceptions, easements, and rights -of -way of sight or record, including without limitation, two Real Estate Mortgages dated December 13, 2006, and recorded in the office of the Lincoln County Clerk on December 19, 2006, in Book 644, page 35, and December 20, 2006, in Book 644, page 159, respectively, which mortgages, however, buyers are not assuming. That for valuable consideration from the Bank, receipt of which is acknowledged, Stoltenberg desires to assign to the Bank all of Stoltenberg's right, title and interest in the Agreement as Sellers subject to all of their duties and obligations under the Agreement. The Bank's consideration provided consists of certain loans for which this assignment is intended as collateral securing those loans. Those loans consist of a Promissory Note dated December 13, 2006, in the amount of $60,650.00 secured by a Real Estate Mortgage of even date and recorded in the office of the Lincoln County Clerk on December 20, 2006, in Book 644, page 159, and a Promissory Note dated December 13, 2006, in the amount of $447,000.00 secured by a Real Estate Mortgage of even date and recorded in the office of the Lincoln County Clerk on December 19, 2006, in Book 644, page 35. 1 RECEIVED 3/28/2011 at 10:34 AM RECEIVING 958628 BOOK: 764 PAGE: 458 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY NOW THEREFORE, it is hereby agreed to as follows: 2 000459 1. Stoltenberg hereby assigns unto the Bank all of their right, title and interest as Sellers in the Agreement, including the right to receive all payments made by Buyers pursuant to the Agreement, subject to all of their duties and obligations. 2. The Bank hereby accepts assignment of Stoltenberg's interest as Sellers in the Agreement and agrees to be subject to and abide by all of the terms, covenants and conditions as set forth in the Agreement. However, the Bank does not assume Stoltenberg's duties and obligations under the Agreement. All of the terms, covenants and conditions of the Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, this instrument has been duly executed by the parties hereto as of the 21st day of March, 2011. Bank of Star Valley, a Wyoming State Banking Corporation Rod Yensen, Pnt STATE OF WYOMING COUNTY OF LINCOLN The foregoing Assignment of Sellers' Interest under Real Estate Sales Agreement was acknowledged before me by Ronald H. Stoltenberg and Marilyn K. Stoltenberg, husband and wife, this ;Z 'i day of March, 2011. Witness my hand and official seal. ANJI TAYLOR NOTARY PUBLIC COUNTY OF STATE OF LINCOLN v'k'< WYOMING MY COMMISSION EXPIRES AUGUST 3, 2013 My commission expires: STATE OF WYOMING COUNTY OF LINCOLN My commission expires: s s. ss. The foregoing Assignment of Sellers' Interest under Real Estate Sales Agreement was acknowledged before me on the day of March, 2011, by Rod Jensen as President of the Bank of Star Valley. Witness my hand and official seal. NOTARY PUBLIC TAYLOR COUNTY OF LINCOLN ANJI STATE OF WYOMING MY COMMISSION EXPIRES AUGUST 3, 2013 1/7 -3 9_00 3 0