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Home My WebLink About895279.'noose 54i OAOU 627 895279 RECEIVED LINOOLN COUNTY CLERK 03 ?~!r}!! Iq ~lH 10:3 6 ,JEANNE WAGNER INSTALLMENT SALE AGREEMENT '-:~'"~. l~~ R ~'~;"' THIS AGREEMENT made and entered this 5th day of November, 2003, by and between PATRICIA E. LOONEY of Pinedale, Wyoming, Party of the First Part and hereinafter called the "Seller", and RICHARD D. BOE and GLORIA A. BOE, husband and wife, of Rawlins, Wyoming, Party of the Second Part and 'hereinafter called the "Purchaser" . W I T N E S S E T H: Seller agrees to sell unto Purchaser and Purchaser agrees to buy from Seller the following described real estate in the County of Lincoln and State of Wyoming, to-wit: Lot 37 of the Viola Subdivision, Phase I, as the said subdivision appears on the plat and map thereof on file and of record in the office of the County Clerk of Lincoln County, Wyoming, and TOGETHER WITH all buildings, fences and improvements situate thereon or appurtenant thereto, AND TOGETHER WITH all water and water rights, ditch and ditch rights, and reservoir and reservoir rights situate thereon or appurtenant thereto; BUT SUBJECT, NEVERTHELESS, TO the provisions of United States patents, AND SUBJECT FURTHER TO easements and rights of way of record or in actual use for telephone transmission lines, electric transmission lines, irrigation ditches and canals, and roads and ways, and SUBJECT FURTHER TO all outstanding mineral interests. AND SUBJECT FURTHER TO accrued and accruing taxes, and for said real estate Purchaser shall pay, and Seller shall accept, Fifteen Thousand Dollars ($15,000.00) of which amount PurChaser has this day paid Five Thousand Dollars ($5,000.00), receipt whereof by Seller is hereby acknowledged, and the .price balance of said purchase/of $10,000.00 to~ether with interest accruing thereon at the rate of Eight Per Cent (8%) Per Annum from and after the 20th day of December, 2003, shall be paid by 120 monthly installments, each in the amount of $121.33, commencing on the 20th day of January, 2004, and continuing on the 20th day of each month thereafter succeeding until said purchase price and all interest have been fully paid; All of the aforesaid installments shall be made to Seller at Box 322, Pinedale, Wy. 82941, or such other place as Seller may hereafter designate; Seller shall not be obligated to accept any of the foregoing installments of the principal sum and interest except at the times and in the amounts hereinabove set forth, except however, Seller agrees that after the first day of January, 2004, Purchaser may at -the option of Purchaser pay, without penalty, the then Unpaid balance of the Purchase price to~ether with the interest accrued to date of payment. THE PARTIES FURTHER AGREE AS FOLLOWS: 1- Possession, assignment, liens, taxes and buildinqs. (a) Purchaser may have possession of the above property upon execution of this agreement, Purchaser has inSpected the property and accepts the property in its present condition; (b) Purchaser shall not surrender possession of the above property nor part with possession to any persons whomsoever, nor shall Purchaser assign or sell this agreement to any person whom- soever without first havin9 obtained the written consent thereto of the Seller; (c) Purchaser shall pay before delinquency all taxes and assessments on the property comin~ due on or after the first day of January, 2004; (d) Purchaser shall not suffer nor permit any liens, other than liens of taxes, encumbrances and mortgages to accrue or attach to the above property during the term hereof and in event the same shall accrue or attach Purchaser shall immediately pay and dissolve the same and upon'failUre to do so Seller may pay the same and all sums so expended by SEller in the satisfaction, .dissolution and discharge thereof shall accrue interest at the rate of EIGHTEEN PER CENT (18%) PER ANNUM from the time of payment and the same shall be immediately due and payable by Purchaser unto Seller; (e) If Purchaser fails or neglects to pay any installment of taxes or assessments, when due, Seller shall~have the right to make such payment and to add the amount thereof, together with interest at EIGHTEEN PER CENT (18%) PER ANNUM to the obli§ation of Purchaser hereunder; 2- Delivery of warranty deed.. Upon payment of the purchase .price and all interest, and provided that Purchaser has otherwise performed as required of Purchaser herein, SEller shall convey the above property.unto Richard D. Bce and Gloria A. Bce, husband and wife, by means of statutory form of warranty deed; 3- Taxes and assessments. Ail taxes assessed and levied upon the property in the year 2003 and prior thereto shall be paid by Seller, and Purchaser shall pay all of 2004 taxes; 4- Timely performance - default. Time is of the essence of this ag'reement and Purchaser shall -Page Two 629 ma~e all ~a~ments promptly as herein provided; Purchaser e×pressly understands a~d a~rees that if Purchaser shall 8ail to ma~e any of the aforesaid,payments to Seller, in the amount, manner and withln 5he time herein ~rovided, or should Purchaser ~ail to perform any of the other terms and conditions hereof, in the manner and within the time herein ~rovided, and shall fail to ma~e said delinquent ~ayments and otherwise remedy the default of other terms and conditions within thirty (30) days after written notice thereof is deposited in the United States mail, postage prepaid, and addressed to Purchaser at the following address of the Purchaser, Richard D. Boe and Gloria A. Boe Post Office Box 712 Rawlins, Wy. 82301 the Seller may at the option of Seller declare this contract ended, cancelled and of no further force and effect, and Seller may file for rec0rd in the office of the County Clerk a ~declaration of forfeiture (setting forth the facts of such failure on the part of Purchaser) and the same shall be sufficient to cancel all obligation hereunder on the part of Seller and shall fully reinvest Seller with all rights, title and interest hereby a~reed to be sold, conveyed or delivered and Purchaser shall forfeit'all right, title and interest in and to the above property inclu.din~ any and all improvements and Seller shall have the right to re-enter and take possession, without demand,, of the above-described real property and all improvements thereon, including those erected or placed thereon by Purchaser and in event of such repossession Seller may keep said real property as Seller's own and absolute property bein~ hereby released from all obligation at law and in equity to convey said.property, and in such case all monies forfeited as described above shall be considered as rental for said property and as liquidated damages for failure on the part of Purchaser to perform and comply with the terms of this agreement; 5- Construction. All .words used in this agreement'includin~ the words "Purchaser" and "Seller" shall be construed to include the plural as well as the singular number and words used herein in the present tense shall include the future as well as the present and words used in the masculine gender shall include the feminine and neuter; 6- Effect of waiver. The waiver of Seller of any covenant, condition or agreement ~erein contained shall not vitiate the same and the terms, conditions, covenants and a~reements set forth herein shall apply, inure to and bind the heirs, executors, administrators and assigns of the respective parties hereto; 7- Persons bound'. Ail provisions hereof shall extend to, inure to the benefit of and be binding upon the respective parties and their heirs, devisees, personal representatives and assigns; 8- Litigation -.allowance of attorney's fees to prevailing Darty. If any action is brought to enforce this agreement or any provision hereof, to rescind the same, to collect damages for an alleged breach hereof, or for declaratory judgment hereunder, the prevailing party in such action, whether plaintiff or defendant, shall be entitled to an allowance for reasonable attorney fees, in addition to costs of suit; 9- Interest on past-due installments. Any installment of.the principal sum or accrued interest, or both, not paid when due shall accrue interest at' the rate of EIGHTEEN PER CENT (18%) PER ANNUM from the due date until paid; Page Three 6,3. O IN WITNESS WHEREOF, we hereunto set our hands the. day and year first above written. PATRICIA E. LOONEY, Seller RICHARD D. BOE, Purchaser ORIA A. BOE, Purchaser STATE OF WYOMING ) ) ss COUNTY OF SUBLETTE ) The fore§oin§ instrument was acknowled§ed before me by Patricia E. Looney, this 5th day of November, 2003. -Witness my hand and official seal. :-'" i ~ ~, £~1 -- · ' ' '~% ('.3 '" ~ .:.. ',~.,.ri ! .~ . .. ~,~:~ . - -~,N~ .... - -,~.~... I STATE OF WYOMING ) ) COUNTY OF ) SS The foregoing instrument was acknowledged before me by Richard D. Boe and Gloria A. Boe, this J~ day of November, 2003. Witness my hand and official seal. My Commission expires: Notary Public Page Four