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HomeMy WebLinkAbout966628THIS SPACE PROVIDED FOR RECORDERS USE WHEN RECORDED RETURN TO: Donald R. Sevems Susan M. Fleischman, Husband Wife P.O. Box 1387 Kemmerer, Wyoming, 83101 Zeder Co. Int., Dr. Thomas Perner, President 32 SE 139th Ave. Portland, Oregon 97233 AMENDED CONTRACT FOR DEED 00298 RECEIVED 9/4/2012 at 3:29 PM RECEIVING 966628 BOOK: 793 PAGE: 298 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY This contract for Deed is being amended 09/25/2011. This is to update the legal description of the resurvey of the Boundary Line Adjustment by Crank Companies Incorporated of Exhibit A. Zeder Co. Int. is purchasing the remainder of the Severns- Fleischman Fossil Quarry and additional land down to the center of the road that intersects the 40ac. between East lot, 40ac. Nunn and West lot, 59.20ac. Sevems-Fleischman lot, 11 ac.Zeder Co. Int. New and final property description of Exhibit B sold to the Buyer, Zeder Co. Int. on 5/24/2010. EXHIBIT B. TO REMAIN THE SAME AS ORIGINALLY FILED ON 5/24/2010. This Contract "Contract is effective as of 05/24/2010 by and between Donald R. Sevems Susan M. Fleischman Husband Wife of P.O. Box 1387. Kemmerer, Wyoming, 83101 hereinafter referred to as "SELLER whether one or more, and Zeder Co. Int., Dr. Thomas C. Perner, President of 32 SE 139th Ave., Portland, Oregon, 97233, hereinafter referred to as "BUYER whether one or more, on the terms and conditions and for the purposes hereinafter set forth. 00299 MAINTENANCE AND IMPROVEMENTS. Buyer agrees that any and all buildings, permanent fixtures and improvements currently on or subsequently added to the land or Property may not be removed, but will remain on the Property until the contract is fully performed. In the event of default by the Buyer under this Contract, any and all permanent fixtures and improvements made on the Property will remain with the Property. POSSESSION. Buyer will maintain possession of the Property upon execution of this Contract. CONDITION OF PREMISES. The Buyer recognizes the Property is being sold as is and the Seller is under no obligation to make any improvements or repairs during the time of this Contract. TAXES AND ASSESSMENTS. Seller agrees to pay all taxes including but not limited to federal, state, and municipal, that arise as a result of this sale, excluding income taxes. Buyer shall pay all real estate taxes and assessments that may be levied against the Property. Buyer shall be responsible for all personal taxes or assessments that result from the Buyer's use of the Property. REMEDIES ON DEFAULT. In addition to any and all other rights available according to law, if either party defaults by failing to substantially perform any material provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may elect to cancel this Contract if the default is not cured within 60 days after providing written notice to the defaulting party. The notice shall describe with sufficient detail the nature of the default. The Seller maintains the right and authority to reclaim the Property or to foreclose on the property if the default is not cured within 60 days. DEED. Upon receipt of all payments required under this Contract, the Seller will furnish the Buyer with a Warranty Deed wherein the Seller conveys all of their interest in the Property to the Buyer. The Seller shall be responsible for cost of recording the deed. ABSTRACT/TITLE POLICY. The Seller will provide the Buyer with an updated abstract evidencing clear title or other accepted title documents upon receipt of all payments under this Contract. 00300 NOTICES. Any notice or conununication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for. ASSIGNMENT. Neither party may assign or transfer this Contract without prior written consent of the other party, which consent shall not be unreasonably withheld. ATTORNEY FEES. If any payment obligation under this Contract is not paid when due, the Buyer promises to pay all costs of collection, including reasonable attorney fees, whether or not a lawsuit is commenced as part of the collection process. ENTIRE CONTRACT /AMENDMENT. This Contract for Deed contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Contract for Deed. This Contract for Deed may be modified or amended in writing, so long as all parties obligated under this Contract sign the agreement. SEVERABILITY. If any portion of this Contract for Deed shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract for Deed is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. LNDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Buyer agrees to indemnify, hold harmless, and defend SeIIer from and against any and all losses, claims, liabilities and expenses, including reasonable attorney fees, if any, which Buyer may suffer or incur in connection with Buyer's possession, use or misuse of the Property, except due to Seller's negligent acts or omissions. u0301. PROPERTY. The property sold under this contract is located at Loma Vista Drive, Kemmerer, Wyoming, 83101 in Lincoln County and is lenity described as: Two parcels: Severns Fossil Quarry and Additional Land Parcel: Exhibit A. BOUNDARY LINE ADJUSTMENT. AMENDED DESCRIPTION 09/25/2011: T21 R i 17 S12 SE4SW4, PT Total 7.10 Acres S230,500.00 total, Parcel Id. #21171230002900, Lincoln County, Wyoming. T21 R117 S12 W2E2SW4, PT Total 7, $Acres S200,000.00 total, To Be added on a Boundary Line Adjustment to Parcel Id. #21171230002900, Lincoln County, Wyoming. TOTAL NEW ACREAGE O Included on property and in sale 1- 183 14 X 70 Skyline /Allison Decal 00 -05 45 Severns Subdivision Parcel: Exhibit B. AMENDED DESCRIPTION 05/24/2010: PART OF THE SW 1/4 OF SECTION 12 OF THE RESURVEY OF T.21 N., R 117W., 6TH P.M., LINCOLN COUNTY WYOMING 11.0 AC. hereinafter referred to as "the Property." PURCHASE PRICE. The agreed upon sales price for the Property is $250,000.00 with interest from 05/01/2010, on the unpaid principal at the rate of 3.% per annum. The Seller hereby acknowledges receipt of a down payment or earnest money totaling S19,378.41 which shall be deducted from the total purchase price indicated above equaling 5230,621.59 on balance of contract. Added to the original sales price through a Boundary line adjustment S200,000.00 with interest from January 01, 2012 at a rate of 3. on the new total per annum. The Seller hereby acknowledges the receipt of an additional down of S 10,000.00 on 05 6/2011 and S10,000.00 on November 31, 2011 for a total of 520,000.00 which shall be de ucted from the S200,000.00 leaving S 1 80,000.00 to be added to the remainder of the first contract last amended on 05/25/201 I TERMS OF PAYMENT. Payments under this contract should be submitted to Utah Power Credit Union for Donald R. Severns or Susan M. FIeischman at P.O. box 1387, Kemmerer, Wyoming 83101. Unpaid principal after the Due Date shown below shall accrue interest at a rate of 3.% annually until paid. The unpaid principal and accrued interest shall be payable in monthly installments of S1,586.41, beginning on June 1, 2010, and continuing until May 1, 2025, (the "Due Date at which time the remaining unpaid principal and interest shall be due in full. After 01/01/2012 the monthly installment of S1,586.41 will increase to 2,000.00 complete with accrued interest and principal. After 01/01/2013 the monthly installment of S2000.00 will increase to S3000.00 complete with accrued interest and principal until paid in full. All payments on this Contract shall be applied first in payment of accrued interest and any remainder in payment of principal. 00302 If any payment obligation under this Contract is not paid when due, the remaining unpaid principal balance and any accrued interest shall become due immediately at the option of the Seller. LATE PAYMENT CHARGE. There will be no late payment charge for payments received after the Due Date. NON- SUFFICIENT FUNDS. The Buyer shall be charged the maximum amount allowable •under applicable law for each check that is returned to Seller for Iack of sufficient funds in addition to any late payment charges allowable under this Contract. PREPAYMENT. The Buyer reserves the right to prepay this Contract (in whole or in part) prior to the Due Date with no prepayment penalty. ENCUMBRANCES. The Seller guarantees no additional mortgages or loans will be taken an this property without the consent of the Buyer. In the event the Seller defaults on any mortgage on the Property, the Buyer can pay on the mortgage and receive credit under this Contract for all payments. The Seller herein discloses the Property sold under this contract is currently encumbered in the following manner: Utah Power Credit Union 1407 West North Temple Salt lake City, Utah, Utah, 84116 S133,000.00 WAIVER. The failure of either party to enforce any provisions of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract for Deed. u3O3 GOVERNING LAW. This Contract for Deed shall be construed in accordance with the laws of the State of Wyoming. OTHER PROVISIONS. A. Seller shall provide Purchaser with A Recorded Easement on the established road and "quarry" road to and from the purchasers two parcels. B. The sellers and Purchasers will both share the maintain of the road described in the easement. C. The Sellers give permission to the Purchasers to access power from the Sellers power lines to the 11.0 ac. parcel, Lot 41. Severns Subdivision. D. The Sellers will grant the Purchasers 1/2 of the water from the well developed on the west side of Sellers Property known as the "FOSSILGIRLZ 1" well. All of the well costs will be shared equally between the Sellers and Purchasers, water lines to Buyers property maintain of well, etc. The Purchasers also have the right to dig a well on the I 1.0ac. Lot #1 of the Sevems Subdivision if they so desire. The Purchasers and the Buyers will each retain 1/4 of the patented spring on the buyers property totaling 1/2 with Charlie Nunn retaining 1/2 per their individual contracts. E. The closing will be handled at the Lincoln County Courthouse and filed with the proper agencies by the Seller. F. We the Sellers will be able to dig artifacts on the east side of the trailer home and the Nunn property on the open pit. This right will last for the lifetime of the sellers. G. Buyers in goodwill will let the Sellers; Donald R. Sevems Susan M. Fleischman; dig in the West 1/4 of the quarry. The Sellers may also let any 2 members of their family and friends dig with them at any one time with the same rules that apply to the Sellers. Sellers may keep all non rare species specified. (Knightias, Diplomystus, Mioplosus, Priscacara, Phareodus, leaves insects. Rare found by the Sellers will be split 50/50. These being Mammals, Reptiles, Birds, Gar Fish, Paddle Fish, Amia's and Palm flowers. This right will last for the lifetime of the Sellers. The Sellers will have the right to enter the quarry on the road easement going to the quarry. H. The Sellers will share in the expences of escavation on the 1/4 west side of the quarry. I. Any Equiptment work done on the Buyers Property including the Fossil Quarry will be commissioned by Zeder Co. Int. Stefan J Pemer or Thomas Perner. J. The new boundary line centering the road that intersects the properties and that is shared with Charlie Nunn easement will be maintained by all three parties: Charlie Nunn, Zeder Co. Int. and Donald Severns -Susan M Fleischman. K. The Purchaser cannot dig more property than is paid for until the fossil property is paid for in full. L. Seller shall execute and deliver any notices, statements, certificates, affidades, leases, loan documents necessary for the closing of the sale. M. POSSESSION: Seller shall deliver possession of the property to Purchasers upon closing and funding. TAX EXEMPTION. Buyer will be entitled to claim the property for the Federal Homestead Property Tax Exemption and any other exemption, should the property be eligible for such an exemption. RECORDING. This Contract will be recorded by the Buyer /Seller immediately upon execution by all parties. The Seller shall be responsible for the recording fees associated with recording the Contract. AMENDED BOUNDARY LINE ADJUSTMENT DEED DRAFTED 09/25/2011 Deed Drafted by: Susan M. FIeischman P.O. Box 1387 Kemmerer, Wyoming 83101 307- 727 -8911 307 -877 -9402 0030': Susan M. Fleischman *See attached acknowledgement "This Notary Certificate is prepared on a separate page and is attached to the document entitled �c1Q (Om m e r L (-ontaining g pages and is attached to that document name document by the means of State of Wyoming SS County of Lincoln tap es, paperclip, ets. Individual Acknowledgment Date: 9-- V WITNESS my hand and official seal. ature of Notary Public My ission Expires: Si 3 JA&VE PAINTER NOTARy PUBLIC CCX 4TYof nxrm Expires 1 ;0N k�r STATE OF OMNVG UU3©5 On this day of A ,before me 414, month year Notary the undersigned Notary Public, personally appeared r ay_ vt11,3 7legC name of signers Lersonally known to me —OR- Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument, and acknowledged to me that he /she /they executed the same for the purposes therein stated.