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HomeMy WebLinkAbout877452 CONTRACT FOR EXCHANGE OF REAL PROPERTY AGREEMENT made this ..5'~# day of /~_~/~-~F_B~? ,2001, betWeen Serell G. Hurd and Laveme Hurd, Trust, Serell Hurd, Trustee, (Hurds) and the Robert L. and Jane G. Mitchell Trust, dated June 16, 1997, Jane G. Mitchell Trustee, (Mitchells). 1. Transfer by Hurds. Hurds agree to convey to Mitchells the parcel of twenty acres +/- (20) of property dr~scribed in Book 318 PR 589, contained in the land records offi~of the Lincoln County, Wyoming, Office of County Clerk and described as: And for purposes of this agreement to be known as "PARCEL A". ,i, ¢.r~ 2. Transfer by Mitchell,. Mitchells agree to convey to HUrds the parcel of forty-two acres +/- (42) of property described in Book 440 PR 439 Parcel 3, and Parcel 2, contained in the land records office of the Lincoln county, Wyoming, Office of County clerk and described as: And for purposes of this agreement to be known as "PARCEL B". '::~':' "-:: ~--'- 3. Exchange subject to thefollowing Conditions. This Agreement is contingb'fit?6,'n th~ Hurds, their heirs or assigns: : :".' ' ...... :!2 ...... .~::' :'.L a. An Easement granting the Mitchells, their heirs or assigns, right o¢~r):gress'; nd "::" egress to maintain a dam and maintain al 0 foot ditch right over th~¥XRC'EL described in Paragraph 2 of this Agreement. b. Mitchells providing the Hurds clear and marketable title and the Hurds providing Mitchells clear and marketable title. c. The Mitchells, their heirs or assigns, paying for the costs of drafting this ' agreement, title insurance, survey, and recording, fees. d. The Mitchells, their heirs or assigns, erecting a fence along the northern and western borders of PARCEL B, t° be completed by July 10, 2002. e. The Mitchells, their heirs or assigns, to construct dikes and install culverts along north-south border, to be completed by July 10, 2002.' 4. Deeds. Each party shall deliver to the other party a warranty deed'conveying that parties interest in their respective parcels of land and warranting that said property shall be conveyed' free and clear of any encumbrances except those covered in Paragraph 4 of this Agreement. 5. Default. If either party is unable to convey title in accordance with the terms of this contract, the non defaulting party shall have, at their discretion, any and all remedies available to them either 'in law or equity, including but not limited to specific performance, damages, and attorneys fees. 6. Closing.~ The closing shall take place on or before December 15, 2001, or anytime thereafter as mutuall~, agreed upon, in writing, by both parties. 7. Binding effect. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and'permitted . assigns. : 8. Entire agreement; modification. This instrument constitutes the entire agreement , between the parties. It i's entered into after full investigation, neither party relying upon any statement or representation made by the other not embodied herein. The parties have inspected the respective parcels and are thoroughly acquainted with their condition. This instrument may not be changed or terminated orally, but only by an agreement duly executed and signed by both parties. 9. Notices. All notices hereunder shall be in writing and delivered personally or mailed by certified or registered mail, po.stage prepaid, return receipt requested addressed to the parties at their above addresses. 10. Non-waiver. No delaY or Pailure by either party to exercise any right hereunder, and no partial or single exercise of such right, shall constitute a waiver of that or any other right, unless otherwise expresSly provided herein. 11. Headings. Headings in this agreement are for convenience and reference only and shall not be used to interpret or construe its provisions. 12. Governing law. This agreement shall be construed in accordance with and governed by the laws of the State of Wyoming. 13. Time is of the essence. Time is of the essence of this agreement. 13. Time is of the essence. Time is of the essence of this agreement. 14. Fax signatures. Parties shall agree to accept signatures and copies of documents transferred by means of facsimile. 15. Price. Both parties agree that in their respective experience each parcel of land is of equal value. Therefore, there will be no surplus owed to either party in this exchange. Both parcels will exchange hands on the same closing date. In witness whereof this agreement has been duly executed by the parties.,.; Ro~eZrt L. Mitch~l~ and Serell G. Hurd Family Jane G. Mitchell, Revocable Trust, Revocable Trust, dated Jane G. Mitchell, Trustee October 8, 19.92, Serell G. Hurd, Trustee.