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REAL ESTATE PURCHASE A(, REE~ED
~._i.it. ut_?; t.;UUNTY CLERK
2004, from, ~NDAL J. HRUS~A and ~AM~LA J. H R U S KA, hu~pd,a~4~, and/or
assigns, hereinafter, "Purchasers," a,d RANDAL J. HR tis K A, trustee of tho RANDAL J.
flRUS~ LIVING TRUST, DATED 11 JU~, 1991, ami PAMELA J. ~US~, trustee of the
PAMELA J. HRUSKA LIVING TRUST, DATED I 1 J U N E, 199 l, hereinafter "Purchasers and
Transferors), JERE LEE KOVACH and MARIA ANTON[I~TA KOVACH, husband and wife,
hereinafter "Sellers." Subject to the provisions of this Purchase Agreement, Purchasers agree to
buy, and Sellers agree to sell the following described re,I c~u~te situated in the County of
Lincoln, Wyoming, situated ne~ Afton, Lincoln County, Wyoming and more particularly
described as follows:
SEE DESCRIPTION ENTITLED: "DESCRIPTION I:~)R J ERE L. KOVACH & MARIA
A. KOVACH RANCH TRACT, EXCEPTING THERI~]I:ROM THE PARCEL
DESCRIBED "DESCRIPTION FOR JERE L. KOVA(711 AND MARIA A. KOVACH
HOUSE TRACT (PARCEL B REVISED).
2. Purchase Price. Purchaser agrees to pay Three Thousand Dollars ($3,000.00) per acre
for thffty-t~ee (33) acres of the above described eighty (S0) ~cres and One Hundred Ninety -
One Thousand Dollars ($191,000.00) for the remaining fl,'t y- seven (47) acres. Payment to be
allocated as follows:
a. Down Payment. Purchaser shall co~vcy to the Sellers, title, free and clear of
all encumbrances, except those noted for easements, ten t 10} acres of property located in Smoot,
Lincoln County, Wyoming, described below as:
0904337
07,29
ATTACHED AS "DESCRIPTION FOR PAhlEI,A J. HRUSKA LIVING TRUST,
DATED 11 JUNE, 1991, PARCEL B."
Purchaser/Tranferor and Sellers have agr&ed on a x alue of Ninety-Nine Thousand Dollars
($99,000.00) for the Purchasers ten (10) acres of land. Said title shall be transferred to the
Sellers in exchange for thirty-three (33) acres of the eighty (80) above-described acres. Said
tract is described as the Kovach 33 - Acre Tract attached and incorporated into this document as
KOVACH THIRTY-THREE (33) ACRE TRACT, attached hereto.
b. Remaining Balance. The remaining balam:c of One Hundred Ninety - One
Thousand Five Hundred Seventy -Three Dollars and Eighty-One Cents ($191,573.81) shall be
paid in accordance to the terms of this agreement. Payments arc to be made in ten (10)
payments, beginning September 1,2005, final payment duc September 1, 2014. The Purchaser
agrees to annual payments of Nineteen Thonsand One Il, nth'cd Fifty-Seven Dollars and Thirty-
Nine Cents ( 19,157.39).
c. Upon receipt of said payment the Sellers, or their agent, shall deliver to the
purchaser a Warranty Deed releasing a portion of the abt~vc described acreage as itcorresponds
to the schedule attached to this Agreement as EXHIBIT 1). Said Warranty Deed shall not be
recorded with the Lincoln County Recorder's Office until all annual payments have been made.
d. Sellers retain an easement for ingress and egress over the parcels T, S, and R,
shown on the document attached hereto as EXHIBIT Ol: BOUNDARY ADJUSTMENT AND
IRA TRACT FOR JERE L. KOVACH AND MARIA A. KOVACH, RANDAL J.
HRUSKA LIVING TRUST, DATED 11 JUNE, 1991, PAMELA J. HRUSKA LIVING
TRUST, DATED 11 JUNE 1991.
Purchase Agreemcm
Kovach/Hruska
Page 2 of 7
0B04;3 '? k 0730
3. Closing Date and Possession. The closing d;~lc will occur on or about ~t~, ~ 14 ,
2004, Possession of the property shall be surrendered to Purchaser in accordance with the terms
of this agreement.
4. Risk of Loss. Risk of loss or damage to the property, both personal and real, by fire
or other cause, shall be assumed by the Sellers until thc clo.qng date. After closing the Purchaser
shall be responsible for any loss or damage to the property.
5. Title. Sellers shall furnish a general warranty dccd conveying to Purchaser a
marketable title to the property, free and clear of all liens, leaseholds, and encumbrances, except
those shown on the title insurance commitment and accepted by Purchaser.
6. Inspection of Property.
a. Purchaser has investigated and evaluated the Property, the zoning, and other
governmental limitations applicable to the Property and any other aspects or characteristics of
the Property which may affect its acquisition, ownershil~, dcvclopment, usage, operation,
marketability and/or economic viability. Purchaser agrcc.~ to accept the property "as is".
7. Prorations. In addition, any municipal and c;~unty general taxes, or taxes for any
special district, shall be prorated as of the same date, on thc basis of the latest available tax
assessment. Any special assessments which are a lien a,,;~inst~ the property shall be prorated as of
the date of transfer of title. Purchasers shall pay, within ten (10) days of receipt from the Sellers,
any bill for property tax due on the parcels of property ~ttb. icct to this agreement.
8. Liens, Contracts, and Third Party Rights. ~qcllcrs represent and warrant that there
are no outstanding liens, executory or executed contracts. ¢~' any other third party interest or
rights involving the Sellers' Property.
Purchase Agreement
Kovach/Hrusk:t
Page 3 of 7
09043 7
Ow
Default.
a. In the event of default on the part of the Sellers, the Purchaser shall have the
right to compel specific performance or any other remed its awtilable to the Purchaser in law or
equity.
b. Purchaser and Sellers agree that shoulcl they default in any of the covenants
and agreements contained herein, that the defaulting pal't3 shall pay all costs and expenses,
including a reasonable attorney's fee that may arise or accrue fi'om enforcing this agreement, or
in obtaining possession of the premises covered hereby, t,' in pursuing any remedy provided
herein, or by the statutes of the State of Wyoming, whether such remedy is pursued by filing a
suit or otherwise.
c. In the event that the Purchaser fails to n ~cct their obligation in tendering the ten
(103 annual payments of Nineteen Thousand One Hund red Fi fly-Seven Dollars and Thirty-Nine
Cents, on the date specified in Paragraph 2(b) of this Contract, Seller shall have the right to
terminate this Contract. Any remaining deeds conveying any remaining portion of property as
outlined in EXHIBIT D of this agreement shall be void.
d. In the event that the Purchaser fails to neet their obligations outlined in this
agreement, the Purchaser shall cause a true and accurate survey to be made on the parcels
previously conveyed. This survey shall be conducted by it license surveyor. This survey shall be
conducted within sixty (60) days of notice of default. In thc event that the Purchaser fails to
conduct the survey in accordance with this agreement, thc Seller shall have the option of hiring a
surveyor, said costs shall be a lien against the conveyed i)rt~perty. Seller shall prepare a quit
Purchase Agreemcnt
Kovach/Hruska
Page 4 of 7
claim deed using the description provided by the surve) or conveying the parcels that the Seller
has received adequate compensation for from the Purchaser.
10. Notice. All notices shall be sent certified mail m the Sellers, JERE L. and MARIA
A. KOVACH, with a copy of such notices sent to James K Sanderson, Attorney at Law, and
P.O. Box 159, Afton, WY 83110.
11. Representations to Survive Closing. All representations made by the Sellers
pe~aining to the sale of this Prope~y shall survive the closing of the sale on this Propeay.
12. Closing. The closing date shall be on or about _~{Jf ~ ,2004. All matters
relating to this option, including payment of the purchase lwice and the delive~ of the deed shall
take place at the office of James K. Sanderson, Attom% al Law.
13. Costs to be Paid by Seller. The following costs shall be charged to Sellers out of
the purchase price:
a. Any amounts due Purchaser by reason t~l' prorations;
b. The amount of any special assessmems payable by Sellers;
c. 1/2 Land survey costs.
14. Closing Instruction. This Agreement may bc used as closing instructions subject to
the title Company's usual conditions of acceptance, which are not inconsistent herewith.
ACCEPTANCE
Purchaser accepts the above offer and all terms and cond il ions thereof.
Purchase Agreemenl
Kovach/Hruska
Page 5 of 7
0733
Trust. Dated 11 June, 1991
PAMI!I./\ J
PURCItASER
I~LA J.. ~-I~RUSKA
Truswc of the Pamela J. Hruska Living
Trusl. Dated 11 June, 1991
ACCEPTANCE
Seller accepts the above offer and all terms and condition~ thereof.
MAR 1/\ ANTONIETA KOVACH
SELLt;,R
THE STATE OF ~VYOMING )
) ss.
COUNTY OF /7~ IDq ~--~q )
.~.
Subscribed and witnessed before me this ~L~ ~a) of September, 2004 by Randal J.
Hruska and Pamela J. Hruska, husband and wife, Pur ~ascr.
Witness my hand and official seal. ti l~/ , , ~-~-~ff~
DT,,tRY PUBLIC v --
My Commission Expires: I- ~)79'
Purchase Agreemenl
Kovach/Hruska
Page 6 of 7
090433 7
'(
"'-073
Subscribed and witnessed before me this lay of September:, 2004 by Randal J.
Hruska, trustee of the Randal J. Hruska Living Trust, Dated I 1 June 1991, Purchaser/Transferor.
My Commission Expires:
THE STATE OF VA/YOMING )
t/2 ) ss.
COUNTY OF~ 1"t3/4..~t'l )
Subscribed and witnessed before me this3¢{llL~ of September, 2004 by Pamela J.
Hruska, trustee of the Pamela J. Hruska Living Trust, Dated 11 June 1991, Purchaser/Transferor.
Witness my hand and official seal.
County of ~ ..State.°f
Unc~ln ~ ,Wyoming ....
My Commission Expires:
THE STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
Subscribed and witnessed before me this ~ ]4q day of September, 2004 by Jere Lee
Kovach and Mafia Antonieta Kovach, husband and wife, Purchaser.
Witness my hand and official seal.
My Commission Expires:
Purchase Agreement
Kovach/Hruska
Page 7 of 7
sional Land Sun/eyors
· Scherbel
legistmtion No. 164
eg~slmtion No. 1670
togist~'alJon No. 3990
RegJslralion No. 6805
· Sche~bol
egistralJon No. 3889
legisiratJon No. 8026
~gistration No, 372111
IWE A. SCHERBEL
~gistration No. 5368
~r Schorbel, LTD.
lyoming
~y, Wyoming
· Wyoming
,1 Spdngs, Idaho
~er, Idaho
DESCRIPTION FOR
JERE L. KOVACH AND MARIA A. KOVA C I !
KOVACH THIRTY-THREE (33) ACRE TRA( Yr
-0735
To-wit:
That part of the SE¼ of Section 9 and that part ol' the SW¼NW¼ and that part of thc
NW¼SW¼ of Section 10, 'T31N R119W, Lincoln County, Wyoming, being part Of those
tracts of record in the Office of the Clerk of Lincoln County in Book 486 of Photostatic
Records on page 90, in Book 496 of Photostatic Recto-ds on page 742, and in Book 566 of
Photostatic Records on page 410, described as
BEGINNING at a point on the north line of said NW¼SW¼, N89o_48,_34,,W, 291.39 feet
fi.om the northeast comer of said NW¼SW¼;
thence N89°-48'_34,,W, 80.63 feet,, along said north line, to a point;
thence S00°-25'_12,,W, 803.83 feet, to a position;
thence S89°-55'_25,,W, 1372.61 feet, to a position;
thence N00°-26'_00,,E, 90.37 feet, to a position on the centerline of the Fairview (Crow
Creek) Canal;
thence coursing said centerline as
N76°- 10'-00"E,
N63°-39'_22,,E,
N45°-32'-02"E,
N17°-15'-39"E,
N36°- 15 '-33 "E,
N52°-04'- 18"E,
N33°-38'-51"E,
N21 °-44'-38"E,
N75°-16'.56"E,
N61°-59'_58"E,
N05°-01 '-20"El'
N29°-44'_28"W,
N23°-26'_47,,W,
N09°~32 '- 18"E,
N30°-51 '-08"E,
N19°-30'-39"E,
said Office in
centerline;
follows:.
11.45 feet to a position;
59.56 feet to a position;
68.94 feet to a position;
231.69 feet to a position;
107.37 feet to a position;
156.24 feet to a position;
98.06 feet to a position;
112.62 feet to a position;
88.41 feet to a position;
49.89 feet to a position;
81.98 feet to a position;
152.68 feet to a position;
163.51 feet to a position;
117.85 feet to a position;
145.01 feet to a position;
64.29 feet to a position on thc north line of that tract of record in
Book 386 of Photostatic Records on page 345, and leave said
thence S89°-47'_19',E, 684.79 feet, to the northeast pipe of said tract in Book 386;
thence S00°-34'.16"W, 263.79 feet, along an east linc ol'said tract in Book 386,'to a pipe;
thence S21°-24'_30,,E, 142.12 feet, along said east linc, to a pipe;
ion in any way of the forego~cription~ terminates .. ~..,.~,liahilifw of the sur~
. ~' ~)~.:,',