HomeMy WebLinkAbout965702Hereinafter refe
d to s "Seller
rt
CONTRACT FOR DEED
This day this agreement is entered into by and between
hether one more a
111 /At' A Ai
00079
Hereinafter ref ed to as "Purchaser whether one or more, on the terms and conditions and
for the purposes hereinafter set forth:
1.
SALE OF PROPERTY
Seller does herby agree to convey, sell, assign, transfer and set over unto Purchaser, the
following property situated in Lincoln County, State of Wyoming, said property being
described as follows: type/ print description or attach description as exhibit "A
if
e fork L oT L q 5.eat' iu ,*s t TO 1VeSti `11) .P.
Together with all rights of ownership associated with the property, including, but not limited
to, all easements and rights benefiting the premises, whether or not such easements and rights
are of record, and all tenements, hereditaments, improvements and appurtenances, including
all lighting fixtures, plumbing fixtures, shades, blinds, curtain rods, storm windows, storm
doors, screens, awnings, if any of the above acid r-bo VILMALL now on
the premises.
Subject to all recorded easements, right -of -way, conditions, encumbrances and limitations and
to all applicable building and use restrictions, zoning laws and ordinances, if any, affecting the
property.
RECEIVED 7/24/2012 at 9:48 AM
RECEIVING 965702
BOOK: 790 PAGE: 79
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
2
PURCHASE PRICE AND TERMS
The purchase price of the property shall be Q 0 0. Dollars. The Purchaser does
hereby agree to pay to the order of the Seller the sum of Dollars upon
execution of this agreement, with the balance of `e'c pO n Dollars being due and
payable as follows:
Balance is payable, together with interest on the whole sum that shall be from time to time
unpaid at the rate of. F.cir. Per cent, per annum, payable in the amount of 6ag. lg
Dollars per month beginning on the 7 day of
on the same day of each month thereafter until fully paid.
3.
TIME OF THE ESSENCE
4.
SECURITY
5.
MAINTENANCE OF IMPROVEMENTS
ODUhO
20 /pi and continuing
Time is of the essence in the performance of each and every term and provision in the
agreement by Purchaser.
This contract shall stand as security of the payment of the obligations of the Purchaser
All improvements on the property, including, but not limited to, buildings, trees, or other
improvements now on the premises, or hereafter made or placed thereon, shall be part of the
security for the performance of this contract and shall not be removed there from. Purchaser
shall not commit, or allow any other person to commit, any waste or damage to said premises
or the appurtenances and shall keep the premises and all improvements in as good condition
as they are now.
6.
CONDITION OF IMPROVEMENTS
7.
POSSESSION OF PROPERTY
8.
TAXES, INSURANCE AND ASSESSMENTS
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Purchaser agrees that the Seller has not made, nor makes any representations or warranties as
to the condition of the premises, the condition of the buildings, appurtenances and fixtures
located thereon, and /or the location of the boundaries. Purchaser accepts the property in its
"as -is" condition without warranty of any kind.
Purchaser shall take possession of the property and all improvements thereon upon execution
of this contract and shall continue in the enjoyment of the property so long as all payments due
under the terms of this contract are timely made. Purchaser agrees to keep the property in
good state of repair and in the event of the termination of this contract; Purchaser agrees to
return the property to Seller in substantially the same condition as it now exists, ordinary wear
and tear excepted. Seller reserves the right to inspect the property at any time with or without
notice to the Purchaser.
Taxes and Assessments: During the term of this contract, the Purchaser shall pay all taxes
and assessments levied against the property. If Seller is assessed the taxes, Purchaser shall
reimburse the Seller for same upon 3o notice to purchaser.
Contents Insurance: Purchaser shall be solely responsible for obtaining insurance of the
contents on said property which is owned or being purchased by Purchaser.
Liability Insurance: Liability Insurance shall be maintained by the Purchaser during the
term of this contract naming the Seller as an "Additional Insured in the amount of not less
than $ioo,000.00.
Fire and Hazard Insurance: Purchaser shall obtain fire and hazard insurance in the
amount of not less than 006. Dr) on a policy of insurance naming Seller as a "lien
holder
Should the Purchaser fail to pay any tax or assessment, or installment thereof, when due, or
keep said buildings insured, Seller may pay the same and have the buildings insured, and the
amounts thus expended shall be a lien on said premises and may be added to the balance then
unpaid, or collected by the Seller, in the discretion if Seller with interest until paid at the rate of
25% per annum.
In case of any damage as a result of which said insurance proceeds are available, the Purchaser
may, within sixty (60) days of said loss or damage, give to the Seller written notice of
Purchaser's election to repair or rebuild the damaged parts of the premises, in which event said
insurance proceeds shall be used for such purpose. The balance of said proceeds, if any, which
remain after completion of said repairing or rebuilding, or all of said insurance proceeds if the
Purchaser elects not to repair or rebuild, shall be applied first toward the satisfaction of any
existing defaults under the terms of this contract, and then as a prepayment upon the principle
balance owing. No such prepayment shall defer the time for payment of any remaining
payments required by said contract. Any surplus of said proceeds in excess of the balance
owing hereon shall be paid to the Purchaser.
9.
DEFAULT
,0082
If the Purchaser shall fail to perform any of the conditions contained in this contract on or
before the date on which the performance is required, the Seller shall give the Purchaser notice
of default or performance, stating the Purchaser is allowed fourteen (14) days from the date of
the notice to cure the default or performance. In the event the default or failure of performance
is not cured within the fourteen (14) day time period, then Seller shall have the right to the
following remedy:
The Seller will give the Purchaser a written notice specifying the failure to cure the default and
informing the Purchaser that if the default continues for a period of an additional fifteen (15)
days after service of the notice of failure to cure, that without further notice, this contract shall
stand cancelled and Seller may regain immediate possession of the property as provided
herein. In the event of default and termination of the contract by Seller, the Purchaser shall
forfeit any and all payments made under the terms of this contract including taxes and
assessments as liquidated damages. Seller shall be entitled to recover such other damages as
they may be due which are caused by the acts or negligence of Purchaser.
The Parties expressly agree that in the event of default not cured by the Purchaser and
termination of this agreement, and Purchaser fails to vacate the premises, Seller shall have the
right to obtain possession by appropriate court action.
Purchaser.
ti, oct7h_ 01204
s 7
10.
DEED AND EVIDENCE OF TITLE
Upon total payment of the purchase price, any and all late charges, and other amounts due to
the Seller, Seller agrees to deliver to Purchaser a Warranty Deed to the subject property, at
Seller's expense, free and clear of any liens or encumbrances other than taxes and assessments
for the current year.
11.
NOTICES
All notices required hereunder shall be deemed to have been made when deposited in the US
Mail, postage prepaid, Certified, return receipt requested, to the Purchaser or the Seller at the
addresses listed below. Either party will notify one another of any mailing address change. All
notices required hereunder may be sent to:
Seller:
f,.0.
Erf
riv '00(") U4-1 g i\
00083
And when mailed, postage prepaid, to said address, shall be binding and conclusively
presumed to be served upon said parties respectively.
12.
ASSIGNMENT OR SALE
Purchaser shall not sell, assign, transfer or convey any interest in the subject property or this
agreement, without first securing the written consent of the Seller.
13.
ATTORNEY FEES
14.
LATE PAYMENT CHARGES
15.
ENTIRE AGREEMENT
,�OO84
In the event of a default, Purchaser shall pay to Seller, Seller's reasonable and actual attorney's
fees and expenses incurred by Seller in the enforcement of any right of Seller. All attorney fees
shall be paid prior to Purchaser's being deemed to have corrected any such default.
If Purchaser shall fail to pay, within five (5) days after due date, any installment due hereunder,
Purchaser shall be required to pay an additional charge of five (5 percent of the late
installment. Such charge shall be paid to Seller at the time of payment of the past due
installment.
This agreement embodies and constitutes the entire understanding between the parties with
respect to the transactions contemplated herein. All prior or contemporaneous agreements,
understandings, representations, oral or written, are merged into this agreement.
16.
AMENDMENTS
This Agreement shall not be modified, or amended except by an instrument in writing signed
by all parties.
17.
SEVERABILITY
If any one or more of the provisions contained in this agreement shall be held unenforceable by
a Court of Law, no other provisions shall be affected by this holding. The parties intend that in
the event one or more provisions of this agreement are declared invalid or unenforceable, the
remaining provisions shall remain enforceable and this agreement shall be interpreted by a
Court in favor of survival of all remaining provisions.
18.
JOINT AND SEVERAL LIABILITY
00085
All Purchasers, if more than one, covenants and agrees that their obligations and liability shall
be joint and several.
19.
PURCHASER'S RIGHT TO REINSTATE AFTER ACCELERATION
If Purchaser defaults and the loan is accelerated, then Purchaser shall have the right of
reinstatement as allowed under the laws of the State of Wyoming, provided that the Purchaser:
(a) pays Lender all sums which then would be due under this agreement as if no acceleration
had occurred; (b) cures any default of any others covenants or agreements; and (c) pays all
expenses incurred in enforcing this agreement, including, but not limited to, reasonable
attorney's fees, and other fees incurred for the purpose of protecting Seller's interest in the
Property and rights under this agreement. Seller may require that Purchaser pay such
reinstatement sums and expenses in one or more of the following forms, as selected by the
00086
Seller: (a) Cash, (b) Cashier's Check, (c) Bank check, provided any such check is drawn upon an
institution whose deposits are insured by a Federal Agency or (d) Electronic Funds Transfer.
Upon reinstatement by Purchaser, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred.
This contract shall be binding upon and to the benefit of the heirs, administrators, executors,
and assigns of the parties hereto. However, nothing herein shall authorize a transfer in
violation of paragraph #12.
Purchaser assumes all responsibility for payment of Utilities, including, but limited to Natural
Gas or Propane, Electricity, Water and Sewer.
Seller (s) Name and Address:
Name: >au t S2c ���1� 7���
Address:
r g3 7
City: 1441 -4
State Zip: Let gsf7
Phone:
20.
HEIRS AND ASSIGNS
21.
OTHER PROVISIONS
Purchaser (s) Name and Address:
Nan*:
Address:
City:
State Zip: w /v7271/ r) g"
Phone: r /77
AP
WITNESS THE SIGNATURES of the Parties thi day of
SELLER:
/colt t)-(1a7
STATE OF WYOMI
COUNTY OF
The foregoing instrument was acknowledge before me by
this _day of
Witness ficial seal.
Notary Public
Printed Name
STATE OF WY
COUNTY OF
The foregoing instrument was acknowledges before me by
1
Witnes
Notary Public
Printed Name
kg 44
y hand and official seal.
161/744( A
PURCHASER:
WANDAN NEWMAN NOTARY PUBLIC
COUNTY OF STATE OF
RMit) 11 WYOMING
My Commission Expires.
(seal)
My Commission Expires:
,20.
00087
2012).
this day off' 20
WANDAN NEWMAN NOTARY PUBLIC
COUNTY OF y, STATE OF
LINCOLN. WYOMING