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HomeMy WebLinkAbout963910RECEIVED 4/2/2012 at 2:52 PM RECEIVING 963910 BOOK: 784 PAGE: 76 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY This agreement, made by and between Thomas S. Welstad and Lee Ann Welstad, Trustees of the Tom and Lee Ann Welstad family Trust dated December 1, 2006, of PO Box 4125, Bedford, WY 83112 "seller"), and Bruce T. Nielsen and Keri P. Nielsen, husband and wife, of 5503 Willow Lane, Colleyville, TX 76034 buyer"), WITNESSETH: REAL ESTATE CONTRACT 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: Lot 3 of Suter's Canyon Subdivision, Lincoln County, Wyoming as described on the official plat filed with Instrument No 933480 of the records of the Lincoln County Clerk. Subject to all covenants, conditions, restrictions, reservations, exceptions, easements, and rights -of -way of sight or record, including without limitation, that certain Declaration of Covenants, Conditions, and Restrictions of Suter's Canyon Subdivision dated September 7, 2007, and recorded in the office of the Lincoln County Clerk on October 19, 2007, in Book 676, page 108 1 00076 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. 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 its 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 its agent to declare and record such default and forfeiture and agrees to be bound by such declaration as his act and deed. IN WITNESS WHEREOF, the said parties to this agreement have hereunto signed their names as of the 8th day of March, 2012. ERIK P KEENER Notary Public STATE OF TEXAS My Comm. Exp. 04 -29 -15 ERIK P KEENER Notary Public STATE OF TEXAS My Comm. Exp. 04 -29 -15 2 Thomas S. Welstad, Trustee (Seller) Lee Ann Welstad, Trustee (Seller) eri P. Nielse (Buyer) /Bruce T. Nielsen (Buyer) 00077 STATE OF WYOMING COUNTY OF LINCOLN STATE OF TEXAS ss. On this day of March, 2012, before me personally appeared Thomas S. Welstad and Lee Ann Welstad, to me personally known, who, being by me duly sworn and put upon their oath, did say that they are the trustees of the Tom and Lee Ann Welstad Family Trust dated December 1, 2006, 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. My commission expires: ss. COUNTY OF c Ant The foregoing Real Estate Contract was acknowledged before me by Bruce T. Nielsen and Keri P. Nielsen, husband and wife, this day of March, 2012. Witness my hand and official seal. ERIK P KEENER Notary Public STATE OF TEXAS My Comm. Exp. 04 -29 -15 3 My Commission Expires: <74-4)9,0.6 NOTARY PUBLIC NOTARY PUBLIC 00078 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 its 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 its agent to declare and record such default and forfeiture and agrees to be bound by such declaration as his act and deed. IN WITNESS WHEREOF, the said parties to this agreement have hereunto signed their names as of the 8th day of March, 2012. Thomas S. Welstad, Trustee (Seiler) 2 Bruce T. Nielsen (Buyer) Keri P. Nielsen (Buyer) Lee Ann Welstad, Trustee (Seller) 00079 STATE OF WYOMING COUNTY OF LINCOLN On this day of March, 2012, before me personally appeared Thomas S. Welstad and Lee Ann Welstad, to me personally known, who, being by me duly sworn and put upon their oath, did say that they are the trustees of the Tom and Lee Ann Welstad Family Trust dated December 1, 2006, 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. STATE OF TEXAS COUNTY OF ss SHELLEY SANOAU. NOTARY FMJ8UC Hof Sate O$ Wrivirig My commission expires: Witness my hand and official seal. ss. My Commission Expires: 3 NOTARY P BLIC The foregoing Real Estate Contract was acknowledged before me by Bruce T. Nielsen and Keri P. Nielsen, husband and wife, this day of March, 2012. 00080 NOTARY PUBLIC