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HomeMy WebLinkAbout963301AMENDED* AFFIDAVIT OF RAMON and LANNA WARREN, TRUSTEES OF TIIE RAMON AND LANNA WARREN FAMILY TRUST, DATED 25 OCTOBER, 2000 *Amendment is bolded; see date in Section #2) STATE OF UTAH ss. COUNTY OF CACHE AND NOTICE OF BREACH AND FORFEITURE OF REAL ESTATE PURCHASE AGREEMENT RECEIVED 2/21/2012 at 11:52 AM RECEIVING 963301 BOOK: 781 PAGE: 440 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY COMES NOW, Ramon Warren and Lanna Warren, Trustees of the Ramon and Lanna Warren Family Trust, dated 25 October, 2000, being duly sworn on their oath, depose and state as follows: 1. That we are the Trustees of the Ramon and Lanna Warren Family Trust, 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 I -Ialf 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 lth day of September 2009, 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. AMENDED 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 PURCIIASE AGREEMENT 00440 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 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 AMENDED AFFIDAVIT OF RAMON and LANNA WARREN, TRUSTEES OF THE RAIMION AND LANNA WARREN FAMILY TRUST, DATED 25 OCTOBER, 2000 AND NOTICE OF BREACH AND FORFEITURE OF REAL ESTATE PURCHASE AGREEMENT 00441 DATED this Pi day of f ?fl ,2012. w STATE OF UTAI -i ss. COUNTY OF CACHE WITNESS my hand and official seal. Ramon Warren, Trustee Ramon Warren and Lanna Warren Family Trust, dated 25 October 2000 DAN JEPPSON INTARVINANC4TATE OMUA I commissions 02413 CONN. EXP. 04.22.2014 3 AFFIDAVIT OF RAMON and !ANNA WARREN, TRUSTEES OF THE RAMON AND LANNA WARREN FAMILY TRUST, DATED 25 OCI'013 2000 AND NOTICE OF 13REACII AND FORFEITURE OF REAL ESTATE PURCHASE AGREEMENT 00442 4.:e61 ^lam./ 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 /d day of tl as' 2012. REAL ESTATE SALES AGREEMENT 00443 THIS.AGREEMENT made and entered into this 1 of September, 2009 by and between the Ramon and Lanna Warren Family Trust, dated 25 October 2000 (hereafter "Seller") and Ralph and Tina Fife, husband and wife hereafter referred to as "Purchaser WITNESSETH That for and in consideration of the payments to be, the covenants made to be kept and performed, the Seller agrees to sell and the Purchaser agrees to purchase from the Seller, the following described property located in Lincoln County, Wyoming and more particularly described as follows, to -wit: 1. PURCHASE PRICE AND MANNER OF PAYMENT. The Purchaser shall pay as consideration for the above described property, a purchase price of ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000.00) plus interest and penalties as set forth herein promised to be paid as follows: Bowers Law Firm 685 S. Washington Box 1550 .Afton, WY 831.10 (307) 885 -1000 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 the Northwest Quarter of said Section 19 and running thence North 20 rods, more or less, to a point 22 rods East of the Southeast corner 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, to the centerline of the said Section; thence West 8 rods, more or less, to the Point of Beginning. Page 1 of 12 principle. Bowers Law Firm 685 S. Washin Box 1550 Afton, WY 83110 (307) 885 -1000 00444 a. The balance of ONE HUNDRED AND FIFTY THOUSAND ($150,000.00) shall accrue interest in the amount of 5.5% per annum until paid in full. b. The balance of one hundred and fifty thousand ($150,000.00) shall be paid in monthly installments amortized over a thirty year period. c. Beginning October 10, 2009 the Purchaser shall pay to the Seller monthly payments which include interest and principle in the amount of EIGHT HUNDRED FIFTY ONE DOLLARS AND SIXTY EIGHT CENTS ($851.68) and each month thereafter. e. Attached in the form of Exhibit A is an amortization schedule setting forth the payments to be made by the Purchaser to the Seller and is made part of this document by reference and incorporation. f. The Purchaser shall be given a grace period often (10) days for payments made after the 10"' clay of each month. After the ten (10) day grace period the Purchaser shall pay a surcharge of fifteen dollars ($15.00) per day until the payment is received in full. g. Payments will be applied to late charges and penalties, then to interest, then to h. The Purchaser may prepay or accelerate the. payments herein with no penalty. 2. ESCROW. It is agreed that the Purchaser and Seller shall execute and deliver appropriate escrow instructions to The Bank of Star Valley of Afton, Wyoming, with full authority to carry out the terms thereof. Purchaser and Seller shall also deliver to the escrow agent, all documents necessary to complete this purchase agreement. Purchaser and Seller agree to spilt equally the necessary set up cost of the escrow account. Thereafter it will be the sole responsibility of the Page 2 of 12 00445 Purchasers to pay all monthly and or yearly charges for maintaining the escrow account 3. POSSESSION. The Purchaser may take possession of the property on September 1 2009, or on the date this document and the other related documents are executed by the parties, whichever date is later. 4. MERCHANTABLE TITLE. The Seller warrants that the title to the property being sold herein is merchantable, and agrees to pay reasonable costs associated with clearing said title in the event that there is a defect which renders it unmerchantable. 5. INSPECTION OF PREMISES. The Purchaser warrants and agrees that they have personally or through their authorized agents made a full and complete inspection of the described property and all of the improvements located thereon, and accepts said property in its present condition and state of repair and without any representations, statements, or warranties, express or implied, with respect to their condition, and that they are purchasing said property solely upon said inspection and not upon any statement made by Seller or Seller's agents respecting the condition, productive capacity, or income derived therefrom. 6. TAXES, ASSESSMENTS AND INSURANCE. All taxes, assessments and insurance shall be paid by the Purchaser after September 1st, 2009, in connection with the property herein. If the Purchaser fails or neglects to pay any installment of taxes, assessments or insurance premiums when due, the Seller shall have the right to make such payment and to add the amount thereof, together with interest at a rate of twenty one (21%) percent per annum to the obligation of the Purchaser hereunder. Such right shall be deemed an option and shall impose no obligation on the Seller and the Seller may elect to treat such a failure on the part of the Purchaser as a default under Bowers Lau Firm 685 S'. 11 Box 1550 Aftotz, W'Y 83110 (307) 885 -1000 Page 3 o f 12 Bo10er41310 Firm 685 S. Washington Box 1550 Afton, ¶X (307) 885 -1000 Page 4 of 12 00446 this contract. Purchaser shall pay for and maintain fire, casualty and other insurance of a sufficient amount to cover the property subject to this agreement and any indebtedness thereon and in no event shall the amount of coverage be Tess than the total of the amount remaining due under this agreement. The Toss payable clause shall include the first mortgagee and Seller as a beneficiary for the amount of their interest. 7. LIENS. During the term of this contract the Seller and Purchaser shall not allow any liens of any form to attach to the property and premises which may be superior to the rights of the Seller unless agreed on in writing by all parties of this contract. 8. WASTE AND REPAIRS. During the life of this contract the Purchaser shall maintain the property, including the improvements thereon, in a good state of repair and condition, and to make all repairs and improvements thereon at the Purchaser's own cost and expense. All such improvements and repairs shall be deemed fixtures attached to the premises and shall not be thereafter removed in case of forfeiture hereunder. The Seller has a right to inspect the property at reasonable times until full final performance by Purchaser. 9. INSURANCE. The Purchaser agrees to keep the building erected or to be erected on the above described premises insured against loss and damage by fire, casualty or any other cause for an amount not less than $150,000.00 with such company or companies as the Seller shall approve, the Toss, if any to be payable to the Seller and shall deliver the policy or policies obtained to the Purchaser and shall promptly pay all premiums for the insurance when they are due. In the event the Purchaser defaults the Seller may obtain insurance and reimburse themselves under this contract for the expenses thereof with interest at the rate twenty one percent (21%) from the day of the 00447 payment. If any insured buildings are destroyed or damaged by fire or other elements the sum or sums collected from the insurance may at the option of the Seller, be applied to the payment of the amounts owed to the Seller under this contract and /or the Promissory Note of even date or under the direction of the Seller, the reconstruction of the building destroyed or damaged. The application of the insurance proceeds shall be applied at the sole discretion of the Seller to either the amounts owed under this contract and /or the Promissory Note of even date or to have the building reconstructed. 10. DEFICIENCY JUDGEMENT. In the event there is a default by the Purchaser under the terms of this contract and the payments received from the Purchaser are insufficient to pay the total purchase price under this contract the undersigned Purchaser binds them personally to pay the unpaid balance, and the Seller shall be entitled to a deficiency judgement against them individually for the remaining balance. 11. DEFAULT BY PURCHASER. Seller shall have the right to declare the default of the Purchaser and to proceed pursuant to paragraph 10 upon the occurrence of any of the following: a. The failure of the Purchaser to make any payment required in this agreement at the time it falls due. b. The failure of the Purchaser to abide by any one of the terms and conditions of this agreement. c. The filing of a petition for the adjudication of the Purchaser, or any one of the Purchasers if more than one. d. Causing damage or waste to the premises. 12. REMEDIES OF SELLER. Time is of the essence of this agreement. If any breach or Bowers Law Flint 685 S. yashi,t Box 1550 Afton, 11 83110 (307) 885 -1000 Page 5 of 12 00448 default continues for a period of thirty (30) clays after the Seller has sent written notice thereof to the Purchaser, the Seller has, at his option, any of the following remedies: a. Declare this contract ended, canceled and of no furtherforce and effect. On such action, all right, title and interest of the Purchaser hereunder shall cease and all payments heretofore of the Purchaser hereunder shall cease. Seller shall have the right to retain all amounts theretofore paid by Buyer to Seller as rental for said property and as liquidated damages. The Parties agree that because of the great fluctuation in market value of property of the type described herein, and because of the inability of the Parties to fix an accurate and correct measure of damages in the event of a default hereunder or the termination hereof, that the amount so specified herein to be liquidated damages is a fair and equitable estimation of the damages resulting from such breach or termination and all payments heretofore made by the Purchaser shall be retained by Seller as rental for said property and as liquidated damages for the failure on the part of the Purchaser to comply with the terms of this agreement. All improvements and additions appurtenant to said property made by the Purchaser shall remain and become the property of the Seller. If this agreement or notice thereof shall have been recorded or filed in the office of the County Clerk and Ex- Officio Register of Deeds then the filing of an affidavit declaring the default and forfeiture of the Purchaser or the filing of the Quit Claim Deed held by the Escrow Agent shall be sufficient to cancel all obligations hereunder on the part of the Seller and fully vest in the Seller, all right, title and interest in and to the property agreed to be sold, conveyed and delivered and the Purchaser shall surrender to the Seller forthwith peaceable possession of the property. b. In lieu of declaring a forfeiture, accelerate and bring an action for the balance of Bowers Law Firm 685 S. Washington Box 15P Afton, WY 83110 (307) 885 -1000 Page 6 of 12 00449 the purchase price remaining due or for any other relief available in law or in equity including suit to recover any payment or payments made by the Seller to be payable by the Purchaser hereunder, it being stipulated and agreed that such obligation to pay the contract amount is a separate and independent covenant of the Purchaser hereunder. 13. REDEMPTION PERIOD FOR PURCHASER. lithe Seller has declared the Purchaser to be in default and notifies the Purchaser of this, the Purchaser shall be entitled to redeem the property within thirty days (30) days from the date of default, by paying the amount owing on the mortgage, any expenses incurred by the Seller as a result of the default, interest in the amount of eighteen percent (18 per annum from the date of the default on any past due payments and reasonable attorney fees incurred by the Seller. This clause shall not give the purchaser any other rights for redemption other then the ones herein stated and is not intended to change the character of this contract. 14. WAIVER. It is further agreed that the failure on the part of the Seller to enforce the strict performance of the terms and conditions of this Agreement or the prompt payment of the installments herein agreed upon shall not constitute or be construed as a waiver or relinquishment of the Seller's rights under this Agreement to thereafter enforce any such terms, conditions, or payments, it being expressly agreed that all the provisions of this Agreement are continuing ones and shall always he in full force and effect and are not waived by reason of any leniency which may have been granted or extended by the Seller on account of prior default in performance of the conditions and terms hereof, or in the payments as provided in this Agreement. 15. ASSUMPTION OF PRIOR CONTRACTS. The Purchaser agrees to assume the Bowers Lan, Finn 685 S. Washington ington Box 1550 Afton, WY 83110 (307) 815 -1000 Page 7 of 12 00450 existing contracts related to the property, specifically the contracts 16. ATTORNEY'S FEES. a The Purchaser anti Seller agree to split equally all attorney fees related the sale of the property to the purchaser. b. The Purchaser and Seller each agree that should they default in any of the covenants and agreements contained herein, that the defaulting party shall pay all costs and expenses including a reasonable attorney's fee which may arise or accrue from enforcing this agreement or in obtaining possession of the premises covered hereby or in pursuing any remedy provided hereunder or by the statutes of the State of Wyoming whether such remedy is pursued by filing a suit or otherwise. 17. ASSIGNABILITY. a. Purchaser may sell, transfer or assign or contract to sell, transfer or assign all or any portion of Purchaser's interest in this contract or premises subject to the following provisions: If all or any part of said contract or premises, or any interest therein, is sold, transferred or assigned by Purchaser without Seller's prior written consent, Seller may, at its election, declare all sums owing on this contract to be immediately due and payable, notwithstanding anything contained herein to the contrary. Failure of Seller to declare all sums owing as provided above shall not constitute a waiver of Seller's right. In the event Seller elects to declare all sums owing due and payable, Seller shall mail to Purchaser notice of the declaration and such notice shall provide a period of not less than thirty (30) days from the date of mailing within which Purchaser may pay the sums declared due. If Purchaser fails to pay such sums prior to the expiration of such period, Seller may, without further notice or Bowers Low Firm 685 S. Washington Box 1550 Afton, WY 83110 (307) 885 -1000 Real Estate Sales Agreement -Page 8 of 16 BOSOM'S Law .Firm 685 S. Washington Box 1550 Afton, WY 83110 (307) 885 -1000 Ramon and Lanna Warren Family Trust P.O. Box 182 Afton, Wyoming 83110 Page 9 of 12 00411 demand, invoke the remedies provided by paragraph 10 herein. b. No assignment, transfer, or conveyance (assignment) by the Purchaser shall create any obligation on the Seller until a duplicate thereof duly witnessed, together with the residence address of such Assignee, has been delivered to the Seller. In the event of assignment such notice to the Seller and acceptance of the assignment by him or acceptance of payment made by Assignee shall constitute and acceptance of the assignment and privity of contract between the Seller and the Assignee and enable the Seller to maintain any suit or action for payment, specific performance, deficiency or summary proceedings for possession against the Assignee. c. The Purchaser is not relieved of the obligation under this contract in transfer of an assignment unless the Seller has specifically released the Purchaser, in writing, from the contract. Unless the Purchaser is released from the obligation by the Seller, in writing, the Purchaser shall be a guarantor of the obligations assumed by the Assignee. 18. NOTICE_. All notices to the Parties required hereunder shall be deemed to have been properly given when sent by certified or registered mail, postage prepaid to the parties last known address. The date of service of notice shall be the date on which the notice is deposited in the United States mail regardless of whether or not it is received by the party to whom it is addressed. Personal delivery of such notice shall have the same effect as notice given by mail. Addresses to which the notices shall be sent unless another address has previously been, provided in writing shall be: Bowers Law Firm 685 S. Washin Box 1550 Afton, IVY 83110 (307) 885-1 000 Ralph and Tina Fife P.O. Box 978 Afton, Wyoming 83110 Page 10 of 12 00452 19. ENTIRE AGREEMENT. With the exception of the escrow instructions and the documents associated therewith, This written agreement is the only and entire contract covering the subject matter herein. No other representations have been made by either the Purchaser or the Seller and each has fully read and understood each condition herein stated. No change, alteration, or modification of this instrument shall be valid unless the same shall have been made or specified in writing and signed by all the parties hereto. 20. BINDING EFFECT. If more than one joins in the execution hereof as Seller or Purchaser, or be either of the feminine sex, or a corporation, the pronouns and relative words herein used shall be read as if written in plural, feminine or neuter respectively. It is expressly understood and agreed by the parties hereto that time shall be deemed as of the very essence of this contract and all stipulations and agreements herein contained shall apply to and bind the heirs, executors, administrators, successors and assigns of the parties hereto. 21. SEVERABIL /TY CLAUSE. If any part of this Agreement shall be declared invalid by a court of competent jurisdiction such judgment shall not affect the remainder of this agreement and it shall remain in full force and effect. 22. APPLICABLE LAW. This agreement shall be construed and governed in all respects by the laws of the State of Wyoming. 23. COVENANTS. The covenants and promises contained herein shall bind, and the benefits shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties hereto., Whenever used, the singular number shall include the plural, the singular, and the use of any gender shall include all genders. Whenever used herein the terms Seller and Purchaser include all of the parties to this instrument and their heirs, legal representatives and assigns of individuals or entities and the successors and assigns of corporations or other legal operating entities. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SELLER: Ramon and Lanna Warren Family Trust By: Gi -�vtx Ramon Warren, Trustee `Zdezi `i-e(- Lanna Warren, Trustee STATE OF WYOMING COUNTY OF LINCOLN ss. The foregoing instrument was acknowledged before me by Pizmon Warren and Lanna Warren, trustees for the Ramon and Lanna Warren Family Trust, this clay of c 'eptember, 2009. My commission expires: Bowers Law Firn, 685 S. 11 Box 1550 Afton, WY 83110 (307) 885 -1000 WITNESS my hand and official seal. Page 11 of 12 NOTARY PUBLIC HEIDI BROWN NOTARY PUBLIC County of State of Lincoln ra=y. <w Wyoming M Commission Au ust 5, 2013 0 ©453 PURCHASER: STATE OF WYOMING COUNTY OF LINCOLN L i Z The foregoing instrument was acknowledged before me by Ralph Fife this day of September, 2009. My Commission Expires: �5 G STATE OF WYOMING COUNTY OF LINCOLN Bowers Law Firm 685 S. Washington Box 1550 Afton, WY 83110 (307) 885 -1000 )ss. WITNESS my hand and official seal. )ss. WITNESS my hand and official seal. My Commission Expires: HEIbi BROWN _NO rARY FYUTTLTO County of State of Lincoln ,rfA Wyoming M Commission E xpires qu u t 5, 2013 The foregoing instrument was acknowledged before me by Tina Fife this J/ clay of September, 2009. Page 12 of 12 00454 HRIDI BROWN NOTARY PUBLIC County of i;j �o: State of Lincoln Wyoming M Commission Expires Au ust 5, 2013 NWJ'6Vr Mr. Ralph Fife Mrs. Tina Fife P.O. Box 2038 Riverton, WY 82501 (VIA CERTIFIED MAIL) Dear Mr. and Mrs. Fife: tSALNDE1 I OJar L w o r- F t o E JAI E5 K. S,o,IJ o I_Rsom trli'l IAEL 0. ALLEN sOC LAT t3Tfil4Er4 A. ST/-NUF't =ER, ssOl:igr'C October 27, 2011 Re: Notice of Default /Latent to Terminate Real Estate Purchase Agreement I have been retained to Represent the Ramon and Lanna Warren Family Trust, dated October 25, 2000. The purpose of this letter is to inform you are in breach of the Real Estate Sales Agreement executed by you on the 11`� day of September, 2009. You have breached the agreement by failing to make the payments clue as outlined in Paragraphs 1 c. of the Agreement. Pursuant to the terms outlined in Paragraph 12 of the Agreement, the Ramon and Latina Warren Family Trust, has the right to have title in the property revert back to the Trust due to your failure to make the payments as promised. Notice of said breach and forfeiture shall be recorded in the office of the Lincoln County Clerk, It is my understanding, from conversations I have had with Mr. Warren, that you are aware of your breach of the Agreement and are willing to sign an acknowledgement of your receipt of the Notice of Breach and a Waiver of Right to Cure and Redeem. I have enclosed these documents for your signature. Please contact me if you. have any questions about the enclosed documents. Sincerely, James K. Sanderson 30 W. 2MJ AvEIJUE Posy Or-r-tct Box 1 59 \I WyotitINCG O21 1 0 OFr-IcE: 307.805. 1 '7'7G f=nx: 307.005.1 961 00455