HomeMy WebLinkAbout964195STATE OF WYOMING
COUNTY OF LINCOLN
AFFIDAVIT OF BUYER'S DEFAULT AND FORFEITURE
UNDER REAL ESTATE SALES AGREEMENT
ss.
00116
We, Layle H. Nield and Edna Nield, of lawful age, being first duly sworn according to law,
upon our oaths depose and say:
1. We make this affidavit pursuant to Paragraph 3 of that certain Real Estate Contract
dated October 1, 2008, "the Contract by and between Layle H. Nield and Edna Nield, husband
and wife, as seller, and Lotsa Enterprises, Inc., a Wyoming close corporation doing business as
Huckleberry Mountain, as buyer. The Contract was recorded in the office of the Lincoln County
Clerk on November 7, 2008, in Book 708, page 653, Recording Number 943475.
2. The Contract was executed in connection with that certain Real Estate Sales
Agreement dated October 1, 2008, "the Agreement entered into by the same buyer and seller.
This affidavit is also made pursuant to Paragraph 22 of the Agreement.
3. The legal description of the real property which is the subject of the Contract and
Agreement located in Lincoln County, Wyoming, is as follows "the property
Beginning at a point which is the Northeast corner SE1 /4SE1/4, Section 24,
Township 32 North, Range 119 West, 6 P.M., and running thence West 40 rods;
thence South 20 rods; thence in Southeasterly direction to a point 32 rods South of
the point of beginning, on Quarter section line; thence North 32 rods to the point of
beginning; (EXCEPTING THEREFROM: Beginning at the Northeast corner
SE1 /4SE1/4, Section 24, Township 32 North, Range 119 West, 6 P.M., and
running thence West 10.5 rods; thence South 8 rods; thence East 10.5 rods; thence
North 8 rods to the point of beginning.) TOGETHER WITH all water rights, water
shares, rights of way, easements, tenements, hereditaments and appurtenances
thereunto belonging.
SUBJECT TO all covenants, easements, exceptions, restrictions, reservations and
rights -of -way of sight or record.
1
RECEIVED 4/23/2012 at 10:28 AM
RECEIVING 964195
BOOK: 785 PAGE: 116
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
00117
5. Buyer defaulted in its obligations under the Agreement by failing to pay installments
of principal and interest in the amounts and as of the due dates as required by the Agreement
"default
6. Seller, by his attorney, Gerald L. Goulding, pursuant to Paragraph 20 of the
Agreement, gave written notice to the buyer of its default by certified U.S Mail return receipt
requested.
7. The time provided in the Agreement for buyer to cure the default has expired, and
buyer has failed and continues to fail to cure the default.
8. Buyer, having failed to cure the default within the 90 -day period provided for in
Paragraph 20 of the Agreement, has forfeited any and all of its rights and interest in and to the
property and appurtenances under the Contract and Agreement and has no further interest in the
property.
9. Therefore, all right, title and interest in and to the property and appurtenances is now
owned by seller, Layle H. Nield and Edna Nield, husband and wife.
2012.
DATED this 19th day of April, 2012.
QEl"tALD L GOULDING NOTARY PUBLIC
Cdurity of i
State of
Lintbltii Wyoming
commiasien DOres May 2, 2015
My commission expires: May 2, 2015.
A dedierSIAli r
fr La H h eld
2
Edna Nield
Subscribed and sworn to before me by Layle H. Nield and Edna Nield this 19th day of April,
NOTARY PUBLIC