HomeMy WebLinkAbout961897AFFIDAVIT OF ALDON L. HALE and ELLEN HALE, TRUSTEES OF
THE JOINT LIVING TRUST OF ALDON L. HALE AND ELLEN HALE,
DATED OCTOBER 1,1990
STATE OF UTAH
COUNTY OF WASHINGTON
NOTICE OF BREACH AND FORFEITURE OF
REAL ESTATE PURCHASE AGREEMENT
ss.
AND
COMES NOW, ALDON L. HALE and ELLEN HALE, Trustees of the JOINT
LIVING TRUST OF ALDON L. HALE AND ELLEN HALE, dated October 1, 1990,
being duly sworn on their oath, depose and state as follows:
1. That we are the Trustees of the JOINT LIVING TRUST OF ALDON L.
HALE AND ELLEN I -TALE, dated October 1, 1990 (hereinafter "the Trust The Trust
is the record owner of the following described parcel of real property located in Afton,
Lincoln County, Wyoming:
Beginning at a point on the West Right -of -Way of U.S. Highway
89, North 3° 0' West, 2870 feet from the Southeast Corner Section Thirty
six (36), Township 32 North, Range 119 West of the 6"' P.M., Wyoming,
and running thence South 1° 0' West, 145 feet; thence North 89° 0' West,
150 feet; thence North 1° 0' East, 290 feet; thence South 89° 0' East, 150
feet; thence South 1° 0' West, 145 feet to the point of beginning, being a
tract located in the Southeast quarter of the Northeast quarter (SE1/4
NE1 /4) of said Section 36 and containing 1.0 acres, together with water
rights and improvements.
Beginning at a point which is North 3° 0' West, 2870 feet, thence North
89° 0' West, 150 feet from the Southeast corner of Section 36, Town ship
32 North, Range 119 West, and running thence south 1° 05' East, 145 feet,
thence North 89° 0' West, 62 feet, thence North 1° 05' West, 290 feet,
thence South 89° 0' East, 62 feet, thence South 1° 05' East, 145 feet to the
point of beginning and containing .413 acres, more or less.
Also known as 838 848 South Washington Street Afton, WY.
AFFIDAVIT OF ALDON L. HALE and ELLEN HALE, TRUSTEES OF
THE JOINT LIVING TRUST OF ALDON L. HALE AND ELLEN HALE,
DATED OCTOBER 1, 1990
AND
NOTICE OF BREACH AND FORFEITURE OF
REAL ESTATE PURCHASE AGREEMENT
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2. That on or about the 20th day of January, 2004, the Trust entered into a
Real Estate Sales Agreement to sell the above- described parcel of property to Richard A.
Wood and Pamela Lee Wood, Husband and Wife, (hereinafter "Purchasers a copy of
said Agreement is attached hereto as Exhibit A. Notice of said Agreement was recorded
with the Office of Lincoln County Clerk in Book 546, Page 791.
3. The Purchasers agreed to pay the sung of eight hundred fifty thousand
dollars ($850,000.00). Fifty thousand dollars ($50,000.00), of said purchase price was
allocated to inventory. The remaining balance was to be paid as follows:
a. The sum of one hundred twenty five thousand dollars ($125,000.00) was
received as a down payment. One hundred thousand dollars ($100,000.00)
was allocated to the purchase of the real property and fixtures associated
with both locations. The sum of twenty —five thousand dollars
($25,000.00) was allocated to the purchase of the name RED BARON and
RED BARON DRIVE IN, remaining inventory, equipment and goodwill.
b. The balance of the purchase price, or seven hundred twenty five
thousand dollars ($725,000.00), bore interest at a rate of seven percent
(7 per annum and was to be paid in one hundred fifty (150) payments
eleven thousand six hundred thirty two dollars ($11,632.00) each, five
(5) payments per year for thirty (30) years. Payments were due on the 10
day of June, on the 10 day of July, on the 10 day of August, on the 10
day of September, and on the 10 day of October, starting with the year
2004 and ending on October 10, 2034. Interest accrued from 1' day
January, 2004.
AFFIDAVIT OF ALDON L. I -TALE and ELLEN HALE, TRUSTEES OF
THE JOINT LIVING TRUST OF ALDON L. HALE AND ELLEN HALE,
DATED OCTOBER 1, 1990
AND
NOTICE OF BREACH AND FORFEITURE OF
REAL ESTATE PURCHASE AGREEMENT
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4. That the Purchasers have failed to make payments as promised, and /or the
Purchasers have given notice of their intent not to make further payments under the
Agreement.
5. Pursuant to Paragraphs 9 and 10 of said Agreement, we, ALDON L.
HALE and ELLEN HALE, Trustess of THE JOINT LIVING TRUST OF ALDON L.
HALE AND ELLEN HALE, dated October 1, 1990, hereby declare the contract as
ended, canceled and of no further effect. We hereby retain all payments that have been
made as of the date of this Affidavit and Notice, rental payments and liquidated damages
pursuant to Paragraph 11 of said Agreement.
6. That on the 1 day of November, 2011, we sent the Purchasers, via United
States Mail, a certified letter, return receipt requested, notifying the Purchasers that they
were in default of said Agreement and of our intent to pronounce a forfeiture of the
property pursuant to Paragraph 9 and 10 of said Agreement. A copy of said letter is
attached hereto as Exhibit B.
7. That the Purchasers have consented to the forfeiture and termination of the
Agreement. A copy of their signed waiver is attached hereto as Exhibit C.
8. That pursuant to the terms of the Agreement, we are entitled to proclaim a
breach of the Agreement and retain possession of the property through forfeiture of the
Purchasers. All personal property, improvements, brand names, and goodwill are hereby
property of the Sellers.
9. Further Affiants saith not.
AFFIDAVIT OF ALDON L. I -TALE and ELLEN HALE, TRUSTEES OF
THE JOINT LIVING TRUST OF ALDON L. HALE AND ELLEN HALE,
DATED OCTOBER 1, 1990
AND
NOTICE OF BREACH AND FORFEITURE OF
REAL ESTATE PURCHASE AGREEMENT
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DATED this
STATE OF UTAH
ss.
COUNTY OF WASHINGTON
day of 1 p 2011.
NOTARY PUBLIC
ALDON L. HALE, Trustee
THE JOINT LIVING TRUST OF
ALDON L. HALE and ELLEN
1-IALE dated October 1, 1990
ELLEN HALE, Trustee
THE JOINT LIVING TRUST OF
ALDON L. HALE and ELLEN
HALE dated October 1, 1990
Subscribed and sworn to before me by ALDON L. HALE and ELLEN HALE,
Trustees of The Joint Living Trust of Aldon L. Hale and Ellen Hale, dated October 1,
1990, this fit—` day of t\l »vem.be r 2011.
WITNESS my hand and official seal.
AFFIDAVIT OF ALDON L. HALE and ELLEN HALE, TRUSTEES OF
THE JOINT LIVING TRUST OF ALDON L. HALE AND ELLEN HALE,
DATED OCTOBER 1, 1990
AND
NOTICE OF BREACH AND FORFEITURE OF
REAL ESTATE PURCHASE AGREEMENT
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581556
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