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HomeMy WebLinkAbout9039635 AGREEMENT FOR SALE OF v'E TATE LINCOL. 1,J COUNTY CLERK THIS AGREEMENT F¢~ ~ ~F REAL ESTATE,-. hqr¢i~a,~'[~r,, ~,.~,,..cu ~¢~e~ [o as "Agreement", made and emered ~to mis day of October, ~¢~,~alter T. Vetos, hereinafter refe~ed to as "Seller", of Ke~erer, Wyoming; and Susan Pedrini, hereinafter refe~ed to as "~rchaser" of 1327 9th West gB, Kemmerer, WY 83101 WlT~SSETH Whereas the Seller desire to convey to the Purchaser the following described real prope~ located in Lincoln Count, Wyoming, to wit: SEE A~ACHED EXHIBIT A FOR LEGAL DESC~PTION. SUBJECT to all mineral leases, reservations, restrictions, protective covenants, exceptions, easements aM rights-of-way of record in sight or use. TO6ETHER wi~ all improvements and appurtenances thereon situate or in anywise appe~aiffing thereunto. Whereas the Purchaser desire to purchase from the Seller the real property described hereinabove on the terms and conditions set forth hereafter; NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES OF THE PARTIES, Seller agrees to sell and Purchaser agrees to purchase the real property hereinabove described for the purchase price and on the terms and conditions hereinafter set forth; The purchase price for the real property described hereinabove is $45,000.00 payable as follows: a. A down payment of $500.00, (including earnest money deposited with Seller shall be paid to the Seller by the Purchaser at the time of closing. b. The balance of $44,500.00 shall be payable to the Seller by the Purchaser according to the terms as follows: i. The purchaser shall pay to the Seller in equal monthly installments the sum of $528.58 each, which amount includes principal and interest, commencing on the 1st day of November, 2004, and continuing on the same day of each successive month for 24 months. A grace period of 15 days from the 1st of each month will be given during which the monthly payment may be made without penalty. The declining balance shall accrue interest at the rate of 8.85 % per annum until the principal amount is paid in full. o 70426 ii. All payments shall be made to Seller who is responsible for make payments Chase Mortgage. The Parties further agree to pay the following lees: Buyer to pay to seller for taxes and insurance on a mOnthly basis in and amount to be determined by seller. The Purchaser warrants and agrees that they have made a full and complete inspection of the described property and all of the improvements, if any, located thereon and that they are purchasing said property solely upon said inspection, not upon any statements made by Seller or their agents respecting the condition of said property, or the improvements, if any, thereon. It is expressly understood and agreed that the premises are being sold in their present condition and state of repair, and without any representations, statements, or warranties expressed or implied with respect to their conditiOn; Purchaser shall be entitled to possession of the real property on October 30, 2004 whereupon risk of loss shall pass to Purchaser. During the time any portion of the purchase price shall remain unpaid, Purchaser shall not cause any waste, nor in any manner damage the real property described herein, and shall keep the real property described therein free from all liens and encumbrances. In this regard, Purchase shall keep the buil~lings and improvements, if any, on the real property described herein insured against loss by fire, casualty, or any other hazard, with a loss payable clause in favor of the Seller in the sum not less than $45,000.00. Purchaser shall hold Seller harmless and indemnify Seller against all claims for personal injury filed against Seller during the life of this Agreement; All taxes and assessments on the real property for the year 2004 will be prorated at the time of closing with the purchaser receiving credit for taxes from the beginning of the year until the day of closing. All taxes and assessments on the real property for the year @ and all years thereafter shall be the sole responsibility of the purchaser and shall be paid promptly at the time the same shall become due. If Purchaser fails to pay such taxes or assessments, or fail to pay any amount due or fail to perform any conditions or covenants or any agreement for the sale as required of the Purchaser, Seller may declare this agreement in default, or in the alternative, Seller shall have the right to make such payment and to add the amount thereto, together with interest at the rate of 8.85 % from the date advancement is made by the Seller 2 until repaid, and any payment so made by the Seller shall be prima facie evidence of the necessity therefor. The Purchaser will provide documentation annually that indicates that property taxes have been paid. Time is of the essence of this agreement. In the event the Purchaser shall fail to make any payment required hereunder at the time the same is due, or should the Purchaser fail to perform any of the terms and conditions hereof, and the said breach or default continues for thirty (30) days after written notice thereof, the Seller may, at Seller's sole and complete discretion: a. Elect to bring an action against the Purchaser for specific performance of this agreement; or b. Elect to bring an action against the purchaser for the entire unpaid balance or enforce a forfeiture of the interest of the Purchaser in any lawful manner. In the event a forfeiture is enforced, the Purchaser shall forfeit any and all rights and interest hereunder in and to such real property and all appurtenances, .and Purchaser shall surrender to Seller forthWith peaceable possession of s~ich' prOperty, and shall' forfeit to Seller, as reasonable rental and liquidated damages all payments made hereunder, together with any and all improvements placed on or in such property. In the event of forfeiture only, the parties agree that the payments and improvements constitute a reasonable amount of damages incurred by Seller. Neither the provisions of this paragraph nor the provisions of the escrow instructions shall affect any other lawful right or remedy which Seller may have against purchasers. After Seller gives Purchaser thirty (30) days written notice of default, an ·affidavit by Seller or his agent showing default and forfeiture, and recorded in the Office of the County Clerk of Lincoln County, Wyoming shall be conclusive proof in' favor of any subsequent bona fide Purchaser or encumbrances for value of such default and forfeiture, and Purchasers hereby irrevocably authorizes Seller or his agent to declare and record such default and forfeiture, and agree to be bound by such declarations as Purchaser own act and deed. All notices to Seller and Purchaser shall be deemed received and properly given with deposited in the United States Mail, postage prepaid, certified mail, return receipt requested., addressed as follows: SELLER: PURCHASER: Walter Terry Vetos 1327B 9th West Kemmerer, WY 83101 Susan Pedrini P.O. Box 803 Kemmerer, WY 83101 8. In the event either party shall bring suit to enforce the terms, conditions, or covenants hereof against the other party, the prevailing party shall be entitled to recover their reasonable costs and expenses thereof, including a reasonable attorney's fee therefor. 9. The waiver of either party hereto of any breach, conditions, or provision of this agreement by the other party shall be limited to a particular instance and shall not operate or be deemed to waive any future breach or breaches of said condition or' provision. The failure of either party to insist in any one instance or more upon the performance of any of the conditions or provisions of this agreement or to exercise any right or privilege herein conferred shall not be construed as waiving any such conditions, provision, right or privilege, but he same shall continue and remain in full force and effect. 10. This agreement contains the entire agreement between the parties and shall not be modified, changed, or discharged in any manner except by an instrmnent in writing, executed by the parties. If any term or provision of this or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this agreement, or the application of such term or provision to persons ox' circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 11. The terms, covenants, and agreements of this Agreelnent shall apply to, bind, and inure to the benefit of the parties hereto, and their heirs, executors, administrations, legal representatives, successors, and assigns. 12. Purchaser shall not assign or transfer any right under this agreement to any person without the prior written consent of Seller. 13. Purchaser agrees to find alternate financing within 24 month. 14. This agreement shall be construed and governed in all respects by the laws of the State of Wyoming where it is executed. IN WITNESS WHEREOF the parties hereto have executed this agreement this __ 2004. day of October, SELLER: Walter Terry Vetos PURCHASER: ' (~f ~~ee~r~'ni STATE OF WYOMING ) )ss COUNTY OF LINCOLN ) Acknowledged before me this .. //% l y of October, 2004 by Walter Terry Vetos. Witness my had an official seal. My Commission Expires: STATE OF WYOMING ) )ss COUNTY OF LINCOLN ) Acknowledged before me this //~day of October, 2004 by Susan Pedrini. Witness my had an officil ~eal_ ~ ~ t~A,'IIIALL. NOTAflY PUBLJ(; My Commission Expires: otary Public Exhibit A Legal Description 04,: 0 A portion of Lot B of Block 10 of the Lincoln Heights 4th Subdivision, to the City of Kemmerer, Lincoln County, Wyoming, being more particularly described as follows~ Commencing at the southeast corner of said Lot 3 Block 10 thence North along the easterly boundary of said Lot 3 Block 10 a distance of 39.87 feet to the point of beginning of Unit 2; thence N 89046'43'' W, a distance of 57.92 feet; thence S 79048'58'. W, a distance of 73.23 feet; thence North along the westerly boundary of said Lot 3 Block 10 a distance of 27,19 feet; thence S 89o51'50" E, a distance of 74.09 feet; thence S 89°45'37" E, a distance of 55.91 feet; thence South along the easterly boundary of said Lot 9 Block 10 a distance of 14.09 feet to the point of beginning. Said Unit 2 also contains a portion of said Lot g Block 10 of the Lincoln Heights 4th Subdivision to the City of Ke,~erer, Wyoming, being more particularly described as follows, Commencing at the Southeast corner of said Lot 3 Block 10, thence North along the easterly boundary of Lot 3 Block 10 a distance of 5.78 feet to the point of beginning; thence West a distance of 40.00 feet; thence North a distance of 10.00 feet; thence East a distance of 40.00 feet; thence South along the easterly boundary of said Lot 3 Block 10 a distance of 10.00 feet to the point of beginning.