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Home My WebLink About959520THIS SPACE PROVIDED FOR RECORDERS USE WHEN RECORDED RETURN TO: Donald R. Sevems Susan M. Fleischman, Husband Wife P.O. Box 1387 Kemmerer, Wyoming, 83101 Zeder Co. Int., Dr. Thomas Perner, President 32 SE 139th Ave. Portland, Oregon 97233 AMMENDED CONTRACT FOR DEED RECEIVED 6/3/2011 at 1:07 PM RECEIVING 959520 BOOK: 767 PAGE: 533 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY EXIBIT A. TO REMAIN THE SAME AS ORIGINALLY FILED ON 5/24/2010. 000533 This contract for Deed is being ammended 05/10/2011. This is to update the legal description of the resurvey by Crank Companies Incorporated of Exibit B. New and final property description of Exibit B sold to the Buyer, Zeder Co. Int. on 5/24/2010. This Contract "Contract is effective as of 05/24/2010 by and between Donald R. Severns Susan M. Fleischman Husband Wife of P.O. Box 1387, Kemmerer, Wyoming, 83101 hereinafter referred to as "SELLER whether one or more, and Zeder Co. Int., Dr. Thomas C. Perner, President of 32 SE 139th Ave., Portland, Oregon, 97233, hereinafter referred to as "BUYER", whether one or more, on the terms and conditions and for the purposes hereinafter set forth. PROPERTY. The property sold under this contract is located at Loma Vista Drive, Kemmerer, Wyoming, 83101 in Lincoln County and is legally described as: Two parcels: Severns Fossil Quarry division Parcel: Exibit A.(NO CHANGE): T21 R117 S12 SE4SW4, PT Total 7.10 Acres $230,500.00 total, Parcel Id. #21171230002900, Linclon County, Wyoming. hereinafter referred to as "the Property." All payments on this Contract shall be applied first in payment of accrued interest and any remainder in payment of principal. 000534 Severns Subdivision Parcel: Exibit B. AMMENDED DESCRIPTION: PART OF THE SW 1/4 OF SECTION 12 OF THE RESURVEY OF T.21N., R117W., 6TH P.M., LINCOLN COUNTY WYOMING 11.0 AC. PURCHASE PRICE. The agreed upon sales price for the Property is $250,000.00 with interest from 05/01/2010, on the unpaid principal at the rate of 3.% per annum. The Seller hereby acknowledges receipt of a down payment or earnest money totaling $19,378.41 which shall be deducted from the total purchase price indicated above equaling $230,621.59 on balance of contract. TERMS OF PAYMENT. Payments under this contract should be submitted to Utah Power Credit Union for Donald R. Severns or Susan M. Fleischman at P.O. box 1387, Kemmerer, Wyoming 83101. Unpaid principal after the Due Date shown below shall accrue interest at a rate of 3.% annually until paid. The unpaid principal and accrued interest shall be payable in monthly installments of $1,586.49, beginning on June 1, 2010, and continuing until May 1, 2025, (the "Due Date at which time the remaining unpaid principal and interest shall be due in full. 000535 If any payment obligation under this Contract is not paid when due, the remaining unpaid principal balance and any accrued interest shall become due immediately at the option of the Seller. LATE PAYMENT CHARGE. There will be no late payment charge for payments received after the Due Date. NON SUFFICIENT FUNDS. The Buyer shall be charged the maximum amount allowable under applicable law for each check that is returned to Seller for lack of sufficient funds in addition to any late payment charges allowable under this Contract. PREPAYMENT. The Buyer reserves the right to prepay this Contract (in whole or in part) prior to the Due Date with 110 prepayment penalty. ENCUMBRANCES. The Seller guarantees no additional mortgages or loans will be taken on this property without the consent of the Buyer. In the event the Seller defaults on any mortgage on the Property, the Buyer can pay on the mortgage and receive credit under this Contract for all payments. The Seller herein discloses the Property sold under this contract is currently encumbered in the following manner: Utah Power Credit Union 1407 West North Temple Salt lake City, Utah, Utah, 84116 $133,000.00 MAINTENANCE AND IMPROVEMENTS. Buyer agrees that any and all buildings, permanent fixtures and improvements currently on or subsequently added to the land or Property may not be removed, but will remain on the Property until the contract is fully performed. In the event of default by the Buyer under this Contract, any and all permanent fixtures and improvements made on the Property will remain with the Property. 000536 POSSESSION. Buyer will maintain possession of the Property upon execution of this Contract. CONDITION OF PREMISES. The Buyer recognizes the Property is being sold as is and the Seller is under no obligation to make any improvements or repairs during the time of this Contract. TAXES AND ASSESSMENTS. Seller agrees to pay all taxes including but not limited to federal, state, and municipal, that arise as a result of this sale, excluding income taxes. Buyer shall pay all real estate taxes and assessments that may be levied against the Property. Buyer shall be responsible for all personal taxes or assessments that result from the Buyer's use of the Property. REMEDIES ON DEFAULT. In addition to any and all other rights available according to law, if either party defaults by failing to substantially perform any material provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may elect to cancel this Contract if the default is not cured within 60 days after providing written notice to the defaulting party. The notice shall describe with sufficient detail the nature of the default. The Seller maintains the right and authority to reclaim the Property or to foreclose on the property if the default is not cured within 60 days. DEED. Upon receipt of all payments required under this Contract, the Seller will furnish the Buyer with a Warranty Deed wherein the Seller conveys all of their interest in the Property to the Buyer. The Seller shall be responsible for cost of recording the deed. ABSTRACT/TITLE POLICY. The Seller will provide the Buyer with an updated abstract evidencing clear title or other accepted title documents upon receipt of all payments under this Contract. NOTICES. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have famished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for. 00053'7 ASSIGNMENT. Neither party may assign or transfer this Contract without prior written consent of the other party, which consent shall not be unreasonably withheld. ATTORNEY FEES. If any payment obligation under this Contract is not paid when due, the Buyer promises to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process. ENTIRE CONTRACT /AMENDMENT. This Contract for Deed contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Contract for Deed. This Contract for Deed may be modified or amended in writing, so long as all parties obligated under this Contract sign the agreement. SEVERABILITY. If any portion of this Contract for Deed shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court fmds that any provision of this Contract for Deed is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Buyer agrees to indemnify, hold harmless, and defend Seller from and against any and all losses, claims, liabilities and expenses, including reasonable attorney fees, if any, which Buyer may suffer or incur in connection with Buyer's possession, use or misuse of the Property, except due to Seller's negligent acts or omissions. GOVERNING LAW. This Contract for Deed shall be construed in accordance with the laws of the State of Wyoming. WAIVER. The failure of either party to enforce any provisions of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract for Deed. 000538 OTHER PROVISIONS. A. Seller shall provide Purchaser with A Recorded Easement on the established road and "quarry" road to and from the purchasers two parcels. B. The sellers and Purchasers will both share the maintaince of the road described in the easment. C. The Sellers give permission to the Purchasers to access power from the Sellers power lines to the 11.0 ac. parcel, Lot #1. Severn Subdivision. D. The Sellers will grant the Purchasers 1/2 of the water from the well developed on the west side of Sellers Property known as the "FOSSILGIRLZ 1" well. All of the well costs will be shared equally between the Sellers and Purchasers, water lines to Buyers property maintaince of well, etc. The Purchasers also have the right to dig a well on the 11.0ac. Lot #1 of the Sevems Subdivision if they so desire. E. The closing will be handled at the Lincoln County Courthouse and filed with the proper agencies by the Seller. F. Super rare fossils found on the property line will be split 50/50: Mammals, Reptiles, Birds, anphibians. Any other fossils will be split by which ever is mostly on which property. G. Sellers in goodwill will let the purchasers dig in the Sellers area of the existing quarry while the purchasers are developing their Quarry. This acceptance of digging in the Sellers quarry will continue; as agreed upon from year to year; by the Sellers and Purchasers as time goes by into the future. Purchasers may keep all non rare species specified. (Knightias, Diplomystus, Mioplosus, Priscacara, Phareodus, leaves insects with the exception of Dragonflies Rare (Everything not listed above.) will be split 50/50. H. The Purchaser cannot dig more property than is paid for until the fossil property is paid for in full. I. Seller shall execute and deliver any notices, statements, certificates, affidades, leases, loan documents necessary for the closing of the sale. J. POSSESSION: Seller shall deliver possession of the porperty to Purchasers upon closing and funding. TAX EXEMPTION. Buyer will be entitled to claim the property for the Federal Homestead Property Tax Exemption and any other exemption, should the property be eligible for such an exemption. RECORDING. This Contract will be recorded by the Buyer /Seller immediately upon execution by all parties. The Seller shall be responsible for the recording fees associated with recording the Contract. AMMENDED DEED DRAFTED 5/10/2011 Deed Drafted by: Susan M. Fleischman P.O. Box 1387 Kemmerer, Wyoming 83101 307- 727 -8911 307-877-940i Donald R. Severn Susan M. Fleischman Husband Wife Date P.O. Box 1387 Kemmerer, Wyoming, 83101 STATE OF WYOMING, ss:COUNTY OF LINCOLN, ss: This instrument was acknowledged before me on this I 0 day of byllnra and aiv=0._ (1'1- ef hrnac\ SAVANNAL. COUNTY OF LINCOLN RAIL. NOTARY PUBLIC My Commission Expires STATE OF WYOMING Notary Public (1.63'61.031-t., dry 14 Title (and Rank) 000539 C fa N W rwm t,4-__Fj h (2 My commission expires 111 /13 Zeder Co. Int., Dr. Thomas C. Pemer, President Date 32 SE 139th Ave. Portland, Oregon, 97233 STATE OF WYOMING, ss:COUNTY OF LINCOLN, ss: 2 MA I. 2011 This instrument was acknowledged before me on this day of by and 1 d p 11:1Moil 0 C /100 31 50 Tgb. Nr. Be. AV/1 GebO. Gebiihr: Notary Public 05. ZS: 20 Title (and Rank) VOift Or ocIP)ric* i5V0r5tehcir 000540 2 5. MI. 2011 My commission expires 3 5 4444 z 2 zo ?3- r-z or. 1 zo 0 z m V/ 125 0 G 0 0 -n J 80 1 3 s 2 A 41.56,0 427= '3.4483248 .800116 .11/.01.20 1.4.00 3 ,34-3433 alirl ;10.60.0 ti SECTION 11 SECTION 12 4444 '44' S's 4 1 2 44/1 713 2/1 3,2/I 1 21 $52302 '88 .18.00.82 2. 2/1 AS 221 3 44/T 3 c spa.: c7r t'El :3 44 744 1211575 z.lro i5283i2 .2.22234.0 m 547421 '3 3 .30.00 10 000541 .1.5 63.40.43 ACLU .4461.03 RI; 2 to 1 1 44 P 5 :,.0 F 2 2 1 a i f- 44 fi• -1: s 1, A Ss 3 44 0 44o44 i44 fii g a i ill !I Ell 21 gll a 7 Y i 1 1 i sts =I 44 B g 1 44 St I 44 3 ii i i g t! 1 4444 44 1 .i s s 1 i a 2 44 ?4 i i i 1 k 2 4 1 44 44 g