Loading...
an abstract of the record title__new2313-79- (continued) the Parties hereto as their interest may appear in a sum of not less than $ THIS AGREEMENT shall not be assigned by Buyers without the written permission of Sellers first had and obtained thereto. THIS AGREEMENT shall be binding upon the heirs, executors, administrators and assigns of the Parties hereto. Upon due performance by Buyer of all the conditions and obligations on his part to be kept and performed hereunder, the Sellers shall deliver to Buyer, the Warranty Deed above provided for. In the event Buyer fails to keep and perform all the con- ditions and obligations when the same are due and should be per- formed, time being of the essence, then Sellers may at his option declare this Agreement null and void and may with or without process of law, take immediate possession of said premises and regard any person thereon as guilty of forcible detainer; hold and retain all monies paid hereunder as liquidated damages and in addition recover from Buyer all actual damages sustained by Buyers failure to perform the conditions and obligations on his part to be kept and performed hereunder and any damages sustained by holding over. In the even Sellers must bring an action to foreclose any right, title, or interest Buyer might have in said premises under this Agreement then Buyer shall be liable for and shall pay all costs incurred therein, including a reasonable attorney's fee. It is understood and aareed that taxes for the year 1976 shall be pro rated from date hereof and that all future taxes will be paid by Buyer. It is further understood and agreed that a copy of this agree- ment. for deed, together with a warranty deed from sellers to buyers and a quitclaim deed from buyers to sellers to be used in the event of Buyers' default, together with a proper letter of escrow in- structions and an abstract of title to the property described above shall all be escrowed with the First Federal Savings and Loan Assoc- iation of Sheridan, Wyoming. The buyer and sellers to share equally in the original costs of the excrow papers with the First Federal Savings and Loan Association. /s /Mrs. Velma E. Miles John R. Miles Bruce E. Christensen Acknowledged January 27, 1976 by John R. Miles and Velma E. Miles, husband and wife, before Robert E. Holstedt, Notary Public for State of Wyoming, County of Sheridan. Commission expires May 25, 1979. SEAL. Acknowledged January 27, 1977 by Bruce E. Christensen before Bruce P. Badley, Notary Public for State of Wyoming, County of Sheridan. Commission expires date illegible. SEAL. SHERIDAN COUNTY TITLE INSURANCE AGENCY sproll Bruce E. Christensen Mortgage -to- Dated: November 16, 1976. First National Bank, Filed: November 19, 1976. Sheridan, Wyoming Consideration: $191,000.00. Book 155 of Mtgs., Page 30. Hereby mortgage the following described real estate, situa- ted in the County of Sheridan, in the State of Wyoming, to -wit: The South 370 feet of Lots 5 and 6, Block 1; Lots 1, 2, 3, 4 and 5, Block 2, subject to all easements and rights -of -way of record; all of Blocks 3 and 4, lying North of the C B & Q Railroad Companv right - of -way; also all vacated portions of streets and alley ways contiguous to said lots and blocks as owned by the grantors; all in the Woods Addition to the Town, now City of Sheridan, Sheridan County, Wyoming, together with all improvements situate there- on. Hereby relinquishing and waiving all rights under and by virtue of the homestead exemption laws of said state. Recites covenants and agreements and procedure in case of default. /s /Bruce E. Christensen Acknowledged November 16, 1976 by Bruce E. Christensen, be- fore Floyd J. Reisch, Notary Public for State of Wyoming, County of Sheridan. Commission expires Jan. 11, 1979. SEAL. Mm Bruce E. Christensen Mortgage -to- Dated: January 3, 1977. First National Bank, Filed: January 5, 1977 Sheridan, Wyoming Consideration: $35,000.00. Book 155 of Mtgs., Page 613. Hereby mortgage the following described real estate, situa- ted in the County of Sheridan, in the State of Wyoming, to -wit: The South 370 feet of Lots 5 and 6, Block 1; Lots 1, 2, 3, 4 and 5, in Block 2, subject to all ease- ments and rights -of -ways of record; all of Blocks 3 and 4 lying North of the C B & Q Railroad Company right -of -way; also all vacated portions of streets and alley ways contiguous to said lots and blocks as owned by the grantors; all in the Woods Addition to the Town, now City of Sheridan, Sheridan County, Wyoming, together with all improvements situate thereon. (Together with other lands) Hereby relinquishing and waiving all rights under and by virtue of the homestead exemption laws of said state. SHERIDAN COUNTY TITLE INSURANCE AGENCY - 81- (continued) Recites covenants and agreements and procedure in case of default. /s /Bruce E. Christensen Acknowledged January 3, 1977 by Bruce E. Christensen, before Floyd J. Reisch, Notary Public for State of Wyoming, County of Sheridan. Commission expires Jan. 11, 1979. SEAL. offlm John R. Miles and Velma E. Miles, husband and wife -to- Bruce E. Christensen Warranty Deed Dated: January 28, 1976. Filed: September 29, 1977. Consideration: $1.00, etc. Book 224 of Deeds, Page 360. Convey and warrant the following described real estate, situ- ate in Sheridan County and State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to -wit: The South 370 feet of Lots 5 and 6, Block 1; Lots 1, 2, 3, 4 and 5 in Block 2, subject to all easements and rights -of -way of record; all of Blocks 3 and 4 lying north of the CB &Q Railroad Company right -of- way; also all vacated portions of streets and alley ways contiguous to said lots and blocks as owned by the grantors; all in the Woods Addition to the Town, now City of Sheridan, Sheridan County, Wyoming, to- gether with all improvements situate thereon. Also, all that portion of Lots 2 through 5 inclusive, of Block 6, Woods Addition; lying northeast of the right -o£ -way line of the Grand Island and Northern Wyoming Railroad Company (now Burlington Northern). /s /John R. Miles Velma E. Miles Acknowledged January 28, 1976 by John R. Miles and Velma E. Miles, husband and wife before Robert E. Holstedt, Notary Public for State of Wyoming, County of Sheridan. Commission expires May 25, 1979. SEAL. SHERIDAN COUNTY TITLE INSURANCE AGENCY mum William K. Archibald, Receiver's Deed Receiver Dated: September 16, 1977. -to- Filed: September 29, 1977. Duane D. Odegard Consideration: $272,000.00. Book 224 of Deeds, Page 361. William K. Archibald, the duly qualified and acting Receiver of the Estate of Bruce E. Christensen, dba Christensen Concrete, dba Christensen Construction Co., a bankrupt, and Duane D. Odegard, herein referred to as grantee, SECTION I PROCEEDINGS IN BANKRUPTCY (a) Appointment of Receiver. On the 5th day of August, 1977, an involuntary Petition in Bankruptcy was filed in the United States District Court for the District of Wyoming, and on the 1st day of September, 1977, the above named bankrupt was duly adjudicated a bankrupt, where- upon the administration of bankrupt's estate was duly referred to the bankruptcy Judge, before whom proceedings thereafter were had whereby the undersigned was duly appointed Receiver of the bankrupt's estate and effects, was duly qualified and has been ever since acting as such Receiver, pursuant to Order dated Sept- ember 1, 1977, wherein the undersigned was appointed Successor Receiver to R. A. "Dick" Mader. Exhibit A- lattached. (b) Order of Sale. That on the 10th day of August, 1977, the said bankruptcy Judge authorized R. A. "Dick" Mader to sell the property specified herein, subject to approval of the Court. That said sale was conducted on the 11th day of August, 1977, at public auction. Exhibit B attached. (c) Confirmation of Sale. That said sale was confirmed by Order of the Court entered on the 1st day of September, 1977, Exhibit C attached. SECTION II CONVEYANCE OF PROPERTY The undersigned Receiver in his capacity as Receiver of the estate of the above named bank- rupt, by virtue of the power and authority vested in him under the provisions of the Bankruptcy Act and by the Orders of Court auth- orizing and confirming the sale, and in consideration of the sum of Two Hundred Seventy Two Thousand ($272,000.00) Dollars, paid by Duane D. Odegard, grantee, receipt of which is hereby acknow- ledged, does hereby grant, bargain, sell and convey unto grantee, his heirs and assigns forever, all of the right, title and in- terest vested in said Receiver as Receiver in bankruptcy of the above named estate, in and to all of that certain real property located in Sheridan County, Wyoming, and more particularly de- scribed on Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the premises herein granted unto grantee, his heris, and assigns, forever. IN WITNESS WHEREOF, the undersigned Receiver has executed this deed at Sheridan, Wyoming, the day and year first above writ- ten. /s /Wm. K. Archibald William K. Archibald, Receiver Acknowledged September 16, 1977 by William K. Archibald, SHERIDAN COUNTY TITLE INSURANCE AGENCY -83- (continued) -5- on the following terms and conditions, to -wit: $40,800.00 deposited with this offer as part payment to be held by Agent pending ex- change of final papers, subject to the following contractual con- ditions, and the balance of the pruchase price to be paid as follows: $231,200.00 subject to confirmation of the court. This amount being due and payable in full upon said vonfirma- tion. It is understood that R. A. "Dick" Mader, Agent has been appointed Receiver for Bruce E. Christense, d /b /a/ Christensen Concrete and d /b /a Christensen Construction Company and that said Earnest Money will be turned over to the Court as per U. S. District Court for the Dis- trict of Wyoming Court Order BK 77 -314. Recites covenants and agreements, etc. ACCEPTANCE: Seller accepts offer this 11th day of August, 1977 and agrees to sell and convey to the Buyer the above described property under the terms and conditions hereinabove stated. The Seller has been advised of, and will pay to the above named Agent, a commission amount of 5 per cent of the above mentioned Total Purchase Price and as agreed in contr• Mary K. and /or Duane D. Odegard /s /Duane D. Odegard /s /Bruce E. Christensen, dba Christensen Concrete By: R. A. "Dick" Mader Receiver as appointed by Court Order BK77 -314 CHM Duane D. Odegard and Mary K. Odegard, husband and wife -to- The First National Bank of Sheridan, Wyoming Warranty Deed Dated: September 29, 1977. Filed: September 29, 1977. Consideration: $10.00, etc. Book 224 of Deeds, Page 370. Convey and warrant the following described real estate, situ- ate in Sheridan County and State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to -wit: Lot 1 in Block 26 of Palmer's Addition to the Town, now City of Sheridan, Sheridan County, Wyoming. Lots 1, 2 and 3, in Block 1, Wood's Addition to the Town, now City of Sheridan, Sheridan County, Wyoming. Also, all that portion of Carrington Street, vacated, lying between Block 26, Palmer;s Addition and Block 1 of the Wood's Addition, and North of the Burlington - Northern Railroad right of way line. Lots 4, 5, and 6, Block 1; Lots 1, 2, 3, 4 and 5, Block 2; all of Blocks 3, 4 and Lots 2, 3, 4, 5, SHERIDAN COUNTY TITLE INSURANCE AGENCY -84- (continued) Block 6 lying North of the Chicago, Burlington & Quincy Railway Right -of -way Line; also all vacated portions of streets and alley ways contiguous to said lots and blocks as owned by the grantors; all in Woods Addition to the Town, now City of Sheridan, Sheridan County, Wyoming. Together with all improvements situate thereon and thereunto appertaining. /s /Duane D. Odegard Mary K. Odegard Acknowledged Sept. 29, 1977 by Duane D. Odegard and Mary K. Odegard, husband and wife, before William H. Porter, Notary Public for State of Wyoming, County of Sheridan. Commission expires Aug. 5, 1978. SEAL. SHERIDAN COUNTY TITLE INSURANCE AGENCY STATE OF WYOMING ) ) SS CERTIFICATE OF ABSTRACTER County of Sheridan) The Sheridan County Title Insurance Agency, a Wyoming corporation, abstrac- ter in and for Sheridan County, Wyoming, bonded in accordance with Section 33 -12, Wyoming Statutes, 1957, hereby certifies that the foregoing pages numbered 1 to 81 both inclusive, constitutes a true and complete con- tinuation of Abstract of Title covering the following described lands, to- wit: All lands described in the Caption hereof only since the date of a former Certificate, namely March 31, 1976 at 9:00 a.m. as the same appears of record on the abstract indices in the office of the County Clerk and Ex- Officio Register of Deeds of Sheri- dan County, Wyoming and in the office of the Clerk of District Court, Sheridan County, Wyoming: Extended to include Entries Nos. 79, 80 & 81 inclusive It is further certified that there are no judgments, suits or liens pend- ing, on file, or of record and properly indexed, in this County against the grantors or grantees of the foregoing continuation of abstract, affect- ing the title to the above described lands. It is further certified that there are no delinquent or unpaid taxes assessed of record as shown by the records in the office of the County Treasurer of Sheridan County, Wyoming, against the above described lands and that all taxes for the year 1976 and all prior years are paid in full. It is further certified that there are no liens or unpaid special improve- ments assessments levied or assessed against the above described lands in any special improvements district in the City of Sheridan, Wyoming, as the same appears of record in the office of the City Treasurer of the City of Sheridan, Wyoming. Any state of facts which may be disclosed by an accurate survey of the above described lands is excepted. Liability under this Certificate shall not exceed $ 50,000.00 which is the valuation establishing the certificate charge. IN WITNESS WHEREOF, the Sheridan County Title Insurance Agency, has caused this Certificate to be signed by its Manager under and by authority of its Board of Directors and the Corporate Seal to be affixed this 8 day of August , 1977, at 8:00 AR. Ao. 2831 - B Re- examined and extended to this date, to include Entries Nos. 82, 83 & 84, 1977 Taxes paid in full and so extended this Abstract is hereby re- certified as in the foregoing Certificate. Dated at Sheridan, Wyoming this loday of January 1978, at 8:00 AIR. INSURANCE AGENCY No. 2931 By SHERIDAN COUNTY TITLE INSURANCE AGENCY Velma E. Miles, formerly Velma E. Theisen -to- The Public Affidavit Dated: November 14, 1977. Filed: January 20, 1978. Book 227 of Deeds, Page 212. I, Velma E. Miles, formerly Velma E. Theisen, residing in Sheridan County, Wyoming, being first duly sworn, do depose and state that on March 18, 1938, the following described property was sold by the County Treasurer in Sheridan County, Wyoming, on tax sale to Sheridan County, to -wit: Lot 4, Block 2, Woods Addition to the Town, now City of Sheridan, Wyoming. That thereafter said property was in the possession of J. Riley Reynolds and Lula Reynolds under Quitclaim Deed from the County Commissioners of Sheridan County, from November 7, 1945 and was transferred by Quitcliam Deed from J. Riley Reynolds and Lula Rey- nolds, husband and wife, to Richard E. Theisen and Velma E. Theisen, husband and wife, the said Velma E. Theisen being one and the same person as Velma E. Miles, your affiant. That on June 28, 1906, the following described property was sold by tax deed from The Treasurer of Sheridan County, to Harry M. Huntington as recorded in Book P of Deeds, page 260, in the office of the County Clerk in and for Sheridan County, Wyoming, to -wit: Lot 5, Block 2, Woods Addition to the Town, now City of Sheridan, Wyoming. That by Warranty Deed dated May 11, 1910, recorded in Book X of Deeds, page 255, Harry M. Huntington did transfer title to R. Cook. That by Warranty Deed dated July 23, 1910, recorded in Book X of Deeds, page 292, R. Cook transferred title to H. M. Huntington. By Quitclaim Deed dated August 2, 1911, H. M. Huntington transferred title to said property to C. B. Edmunds. That by Warranty Deed dated March 29, 1913, recorded in Book 7 of Deeds, page 379, C. B. Edmunds transferred title to Alice W. Edmunds. That by Decree of Distribution in the Estate of Alice W. Edmunds, dated March 21, 1959, title to said property was transferred to Charlie W. Edmunds. That by Warranty Deed dated May 13, 1959, filed in Book 121 of Deeds, page 525, the property was then transferred to Richard E. Theisen and Velma E. Theisen, husband and wife, the said Velma E. Theisen being one and the same person as your affiant herein. That on October 25, 1910, by Tax deed from the Treasurer of Sheridan County, Wyoming, title to the following described property was received by F. C. Hunter, and was recorded in Book V of Deeds, page 357, to -wit: Lot 1, Block 3 of the Woods Addition to the Town, now City of Sheridan, Wyoming. That by Warranty Deed from F. C. Hunter to C. J. Warner, dated February 17, 1912, recorded in Book Y of Deeds, page 449, title was transferred to C. J. Warner. That by Warranty Deed dated March 8, 1913, recorded in Book 2 of Deeds, page 265, C. J. Warner transferred title to Meidl & Hupp. That by Warranty Deed dated SHERIDAN COUNTY TITLE INSURANCE AGENCY