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HomeMy WebLinkAbout960087RECEIVED 7/15/2011 at 12:18 PM RECEIVING 960087 BOOK: 769 PAGE: 434 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY REAL ESTATE CONTRACT 000434 This agreement, made as of the 1st day of June, 2011, by and between Mark S. Erickson and Barbara J. Erickson, Trustees of the Mark and Barbara Erickson Family Trust dated March 20, 2001, of 330 Happy Valley Road, Afton, WY 83110 "seller and Rod B. Gardner and Rachel L. Gardner, husband and wife, as tenants by the entireties, of PO Box 913, Afton, WY 83110, "buyer WITNESSETH: That the seller agrees to sell and convey to the buyer, and the buyer agrees to purchase the following described real property, situate in the County of Lincoln, State of Wyoming, to -wit "the property Lot No. 12 Happy Valley Estates Subdivision, Lincoln County, Wyoming, as described on the official plat thereof. TOGETHER WITH all improvements and appurtenances located thereon or associated therewith including water and water rights. SUBJECT TO all covenants, conditions, easements, exceptions, restrictions, reservations and rights -of -way of sight or record 1. A Real Estate Sales Agreement of even date containing the complete conditions, covenants and terms governing this transaction is now in full force and effect; and those conditions, covenants and terms not specifically recited in this agreement, but recited in the Real Estate Sales Agreement referred to, are incorporated herein by reference. 2. Any and all interest, right or title acquired in the above described real property by virtue of subsequent transactions with the undersigned seller will be wholly subject to the right, interest and equity of the undersigned buyer in such real property arising by virtue of this contract and the aforementioned Real Estate Sales Agreement. 1 Va,,, I.. 2 Mark S. Erickson, Trustee (Seller) Rod B. Gardner (Buyer) 000435 3. In the event of buyer's default under the Real Estate Sales Agreement referred to and forfeiture of buyer's interest in the described premises pursuant to the terms of the Real Estate Sales Agreement, an affidavit by seller, or their agent, showing such default and forfeiture and recorded in the County Recorder's Office of Lincoln County, Wyoming, shall be conclusive proof in favor of any subsequent bona fide purchaser or encumbrancer for value of such default and forfeiture, and buyer hereby irrevocably authorizes seller or their agent to declare and record such default and forfeiture and agrees to be bound by such declaration as their act and deed. IN WITNESS WHEREOF, the said parties to this agreement have hereunto signed their names as of the day and year first above written. STATE OF WYOMING COUNTY OF LINCOLN ss. On this 13th day of July, 2011, before me personally appeared Mark S. Erickson and Barbara J. Erickson, to me personally known, who, being by me duly sworn and put upon their oath, did say that they are the trustees of the Mark and Barbara Erickson Family Trust dated March 20, 2001, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustees had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. GERALD L. GOULDING NOTARY PUBLIC County of State of Lincoln Wyoming My commission expires: May 2, 2015. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires May 2, 2015 ss. The foregoing Real Estate Contract was acknowledged before me by Rod B. Gardner and Rachel L. Gardner, husband and wife, this 13th day of July, 2011. Witness my hand and official seal. GERALD L. GOULDING NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires May 2, 2015 My commission expires: May 2, 2015. 3 NOTARY PUBLI 000436