HomeMy WebLinkAbout888818 RECEIVED
LINCOLN COt.II,IT'( CLERK
NOTICE OF TERMINATION AND
RELEASE OF REAL ESTATE PURCHASE AGREEMENT 'ii': '-' ':: .... ''
I. RECITALS
BOOK ~1 ~ PR PAGE
The undersigned parties state as follows:
1. That they entered into a certain purchase agreement for the sale of real
estate on or about March 11,2002.
2. The 1997 Fullmer Revocable Trust, dated February 18, 1997, Dallas
W~_de Fuller and Caro Bejcy-Fullmer, Trustees, were the sellers of the herei'~
e~'~)-~-'rea I property.
3. That John Barnhart and ~Jenny Barnhart, husband and wife, were to be
the purchasers of tt:~---r-~'i-~'~t-~t'~"~:~scril~'~d'h'e~ei~:
4. That the undersigned parties executed and signed a "Notice of Existing
Real Estate Purchase Agreement," dated March 11, 2002, and filed in Book 485, Page
359, Index No. 879703, in the official records of the Lincoln County Clerk, for and in the
County of Lincoln, State of Wyoming.
5. That the real estate subject to the real estate purchase agreement is
described as follows:
BEGINNING AT THE EAST QUARTER CORNER OF SECTION 32 N
"TOWNSHIP 34 NORTH, RANGE 118 WEST OF THE 6TH P.M., AND RUNNING
THENCE SOUTH EIGHT (8) RODS; THENCE WEST TEN (10) RODS;
THENCE NORTH EIGHT (8) RODS; THENCE EAST TEN (10) RODS TO THE
PLACE OF BEGINNING, BEING A RECTANGULAR PARCEL OF LAND,
CONTAINING 80 SQUARE RODs OF LAND, TOGETHER WITH
IMPROVEMENTS AND WATERRIGHTS.
AND
Real Estate Sales Agreement, dated March 11,2002.
B. Escrow instructions, dated March 11,2002.
C. Warranty Deed, dated March 11,2002.
D. Quitclaim Deed, dated March 11, 2002.
E. Offer and Acceptance, dated March 11, 2002.
II. TERMINATION AND RELEASE OF
REAL ESTATE SALES AGREEMENT
The parties now desire to terminate and release the Real Estate Sales
Agreement for the herein described real estate, by stating as follows:
1. The Bank of Star Valley is hereby directed to forthwith file the Quitclaim
Deed in favor of the 1997 Fullmer Revocable Trust, dated February 18, 1997, with the
official records of the Lincoln County Clerk, for and in the County of Lincoln, State of
Wyoming.
2. That the Bank of Star Valley is hereby directed to terminate the escrow
account for the undersigned parties on April 1,2003.
3. The undersigned parties hereby promise to indemnify and hold harmless
the escroTM agent, the Bank of Star Valley, against all costs, damages, attorney fees,
expenses and liabilities, which, in good faith and without fault on its part, it may incur or
sustain in connection with the determination of the escrow account and the filing of the
Quit Claim Deed with the Lincoln County Clerk.
4. The undersigned parties, John Barnhart and Jenny Barnhart, husband
and wife, hereby terminate the real estate agreement for the herein described property
between the parties. They further agree that any and all payments, costs and
expenses incurred relating to the herein described property, shall remain with the 1997
Fullmer Revocable Trust, dated February 18, 1997, Dallas Wayde Fullmer and Carol
Bejcy-Fullmer, Trustees.
43
7. Any and all payments made by John Barnhart and Jenny Barnhart to the
1997 Fullmer Revocable Trust, dated February 18, 1997, Dallas Wayde Fullmer and
Carol Bejcy-Fullmer, Trustees, shall be retained by the seller for rent and John Barnhart
and Jenny Bamhart shall have no claim for it.
8. Any and all improvements made by John Barnhart and Jenny Barnhart,
husband and wife, to the herein described real property, shall be retained by the 1997
Fullmer Revocable Trust, dated February 18, 1997, Dallas Wayde Fullmer and Carol
Bejcy-Fullmer, Trustees, and John Barnhart and Jenny Barnhart shall have no claim
against the 1997 Fullmer Revocable Trust, dated February 18, 1997, for any and all
improvements made to the herein described property.
9. The contract for sale for the herein described real property, located in the
County of Lincoln, State of Wyoming, by the undersigned parties, is by mutual
agreement of the parties, rescinded and terminated and neither party shall have any
claim against the other to the herein described real property.
WITNESS OUR HANDS this o~ 'day of March, 2003.
JOHN BARNHART -
J E'N~'~ARN HAI~T~~
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by JOHN BARNHART
AND JENNY BARNHART, this '3-1'~? Day of March, 2003.
1997 FULLMER REVOCABLE TRUST, dated February 18, 1997
D LLAS WAYDE/C'I. JLL~EiS,,
Trustee
CAROL BEJ¢'CL-FULLMER
Trustee
STATE OF ~,O/~ )
)ss.
COUNTY OF Yg'~FJ',9;,9 )
SUBSCRIBED AND SWORN to me this _~day of March, 2003, by DALLAS
WAYDE FULLMER and CAROL BEJCY-FULLMER, who appeared before me and, who
being duly sworn and upon oath represented that they were the TRUSTEES of the
FULLMER REVOCABLE TRUST, dated the 18'h day of February, 1997, and that the
instrument was signed on behalf of the Trust by the authority of the trustees, and that
they executed the instrument on behalf of the FULLMER REVOCABLE TRUST to be
the free act and deed of the Trust.
WITNESS my hand and official seal.
NOTARY PUBLIC
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