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HomeMy WebLinkAbout962335AFFIDAVIT OF RAMON and LANNA WARREN, TRUSTEES OF THE RAMON AND LANNA WARREN FAMILY TRUST, DATED 25 OCTOBER, 2000 AND NOTICE OF BREACH AND FORFEITURE OF g REAL ESTATE PURCHASE AGREEMENT Q 0 N STATE OF UTAH so w ss. Tii Mwz COUNTY OF CACHE m Q Q COMES NOW, Ramon Warren and Lanna Warren, Trustees of the Ramon and v. 4t z N 0 Z Lanna Warren Family Trust, dated 25 October, 2000, being duly sworn on their oath, h w W W ti--I depose and state as follows: W o Ww 1. That we are the Trustees of the Ramon and Lanna Warren Family Trust, W m re dated 25 October, 2000 (hereinafter "the Trust The Trust is the record owner of the following described parcel of real property located in Afton, Lincoln County, Wyoming: Part of Section 19, Township 32 North Range 118 West of the 6 P.M., Lincoln County, Wyoming being more particularly described as follows: BEGINNING at a point 22 rods East of the Southwest corner of the Southeast Quarter of he Northwest Quarter of said Section 19 and running thence North 20 rods, more or less, to a point 22 rods East of the Southeast corenr of the North Half of the South Half of the Southwest Quarter of the Northwest Quarter of said Section 19; thence East 8 rods; thence South 20 rods, more or less, of the ceterline of said Section; thence West 8 rods, more or less, to the Point of Beginning. 2. That on or about the 1 l th day of September 2011, the Trust entered into a Real Estate Sales Agreement herinafter "Agreement to sell the above described parcel of property to Ralph Fife and Tina Fife, 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 731, Page 750. 3. The Purchasers agreed to pay the sum of one hundred fifty thousand dollars ($150,000.00), payable in monthly installments of eight hundred fifty -one dollars AFFIDAVIT OF RAMON and LANNA WARREN, TRUSTEES OF THE RAMON AND LANNA WARREN FAMILY TRUST, DATED 25 OCTOBER, 2000 AND NOTICE OF BREACH AND FORFEITURE OF REAL ESTATE PURCHASE AGREEMENT 00834 and sixty -eight cents ($851.68) each, on the 10 day of each month until the balance of the purchase price had been paid. 4. That the Purchasers have failed to make payments as promised. 5. Pursuant to Paragraphs 11 and 12 of said Agreement, we, Ramon Warren and Lanna Warren, Trustess of the Ramon and Lanna Warren Family Trust, dated the 25 October 2000, 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 12 of said Agreement. 6. That on the 27` day of October, 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 11 and 12 of said Agreement. A copy of said letter is attached hereto as "Exhibit B." 7. That on October 31, 2011, Ralph Fife and Tina Fife, Husband and Wife, executed an Acknowledgement of Receipt of Notice of Breach and Waiver of Right to Cure Waiver of Right to Redeem. 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. FURTHER AFFIANTS SAYETH NOT. 2 AFFIDAVIT OF RAMON and LANNA WARREN, TRUSTEES OF THE RAMON AND LANNA WARREN FAMILY TRUST, DATED 25 OCTOBER, 2000 AND NOTICE OF BREACH AND FORFEITURE OF REAL ESTATE PURCHASE AGREEMENT 00835 DATED this day of STATE OF UTAH ss. COUNTY OF CACHE WITNESS my hand and official seal. DAN JEPPSON NOWPUSU STAIEOFOGIN commissions 02413 COMM. EXP. 0422.2114 3 AFFIDAVIT OF RAMON and LANNA WARREN, TRUSTEES OF THE RAMON AND LANNA WARREN FAMILY TRUST, DATED 25 OCTOBER, 2000 AND NOTICE OF BREACH AND FORFEITURE OF REAL ESTATE PURCHASE AGREEMENT ,2011. cf- Ramon Warren, Trustee Ramon Warren and Lanna Warren Family Trust, dated 25 October 2000 f leeZte---" Lanna Warren, Trustee Ramon Warren and Lanna Warren Family Trust, dated 25 October 2000 Subscribed and sworn to before me by Ramon Warren and Lanna Warren, Trustees of the Ramon Warren and Lanna Warren Family Trust, dated 25 October 2000, this V day of p('cewi er 2011. 00836