The URL can be used to link to this page

Home My WebLink AboutCONTRACT OF SALE - 06-00472 - 339 W 1st N - Lot Splitf ei -.1 n v _ �' coo""num coMMEryCING AT TH"E � MADISON COUN'ry, I ao RUIVryIryG THENCE SoupH 247.5 FEET; THENCE EAST P" :.C..a;Ry r�. Nil i 3�5 RNER OF LO T 2,r BLOCK 29 OF Th �A5 SHOWN oN THE RECORDE �cITM �� REXBURG, 47mS FEET; THENCE92,P � TH REOFt AND 82.5 FEET TO THE p WEST 5�FEET; THENCE NORTM LACE OF SE((ilNNlIY(; —------------ T0016� Y L T s T90OZ/9T/60 CONTRACT OF SALE THIS AGREEMENT, Made and entered this 3 1 " day of May, 2006, by and between The Yvette R. Parkinson Trust, with REM R. PAPJCNSON of 335 W, IN( N., Rexburg:, Idaho 83440 and DONNA P. CHERRY of Box 472, Ashton, Idaho 83420 as Trustees, and The Estate of Yvette R. Parkinson, with the said REID R. PARY-UNSON and DONNAP.. CHERRY as Personal Representatives, hereinafter called "Sellers," and Diamond. L. Iavestors LLC, an Idaho limited liability company, of 2105 Coronado Street, Idaho calls, Idaho 83404, with RYAN LEISHMAN of 4455 Jud St., Rexburg, Idaho 83440 and NICK LEISHMAN of 415 Violet, Rexburg, Idaho $34401 as Managers, hereinafter called "Buyer," WITNESSETH: 1. Prop . fellers agree tosell to buyers and Buyer agree to buy from Sellers, an the terms and CQ11d1tiOnS herein specified, the following described rest prop y situated in Madison Jaunty, Idaho to-wit.- Commencing o-wit: Cotnrnencing at the Northeast corner of Lot 2, Block 29, of the amity of Rexburg, as per the recorded plat thereof,, and running thence South X47.5 feet; thence West 52.S feety tbeace North X47.5 feet; and thence East 52,5 feet to the place of beginning. Together with all and singular the tenements, hereditaments, and appurtena-nces theretinto belonging or in any wise app�r�a�ning. Contract of Sale - Page I Z:»6\aK\PARK1Ns.coS u mq T l Y`� • • ii i I 1 •. -s • •e4 •� . e. f . 1 fl—YI IFI 4V_11 � as follows: 2. Rurcha�e Price an Deed of Trust. Buyer shall pay Sellers for said property a purchase price of $38,500.00, payable The entire purchase prise shall, tipon the execution ofthis agreement, be paid to the Rigby, Thatcher, Andrus, Rigbv � Moeller Trust Account, to be held there �rltil Closing. 3. deed and Title insurance. Sellers shall immediately order and within 10 dais of date hereof furnish Buyer with a preliminary title report, shoring title to the premises to be in the Sellers. if the parties have no objections to the said title report, the entire sum of $38,500.00 shall be delivered to Sellers lest Sellers shire of the closing costs, and Sellers agree to axecutQ and deliver to Buyer a good and sufficient Warranty Died to the above desonb ed premises, free From al I encumbrances except any placid thereon by Buyer, and also to deliver to Buycr, at Sellers post, a policy ortifle insurance, insuring such title subject only to the standard printed exceptions. Possession. i Buyer Ys granted immediate possession of the premises. 5. Taxes, Sellers shall gay all of the 2005 and alI prior taxes and assessments levied and assessed against the premises, and Buyer shalt pay X11 of the 2006 and all subsequent taxes and assessments levied and assessed against the premises when the same are dui and payable and before the same shall become delinquent. 6. Inspect'1 on; Disclaimer qf_W=antYA The buyer also agrees thati"t has had examined by its Managers the above descn'bed property, including the rneasuremeritS and boundarl"es thereof, and the relationship and Contract of Sale - Page 2 L:1WP6lDiC11'A1ZICINS_C0S coo In 1� sTal 1 A T* T90OZ/9T/60 n location thereof to the adjoining properties,, and accepts the same in its present canditian. Further, that in executing this cantracx, Buyer has relied solely upon information and knowledrlrdi obtained from its Managers' personal 'inspection and investigation of said property, and )3uyer also acknowledges that no agent or employee of SpAlers has any power or authority to make any warrainties, agreeiments, or representations as to said property which are not contained in this contract, and it is further understood aiid agreed that this contract can�titutes the whale agreement between the parties hereto and that no warranties, agreements, or representations have been made or shall be binding upon the Sellers that etre not set forth herein. ANY WARRANTY AS TO CONDITION OF THE PROPERTY IS EXPRESSLY DISCLANED. SELLERS SPECIFICALLY MAIC NO WARRAh1TIEs OF ANY K -R\ -FD AS TO ANY ADVERSE ENVIRONMENTAL CONDITIONS) OR HAZARD OR HAZARDOUS 6! r 1111 1 11 - I � I 1&7Lr An Bpi 1 a i� 1 W Is .9 0 '' 4 ';;i� lml� i� w .1 a F= 7. Attomeys-%Feicar%, In the event either party hereto shall be required to Employ an attorney for the enforcement of this cin{tact, with or without quit, the defaulting party agrees to pay the 'L prevailing par's reasonable attomeys' fees. In the event of default by buyer, buyer agtees to pay attarneys' fees of Sellers in issuing notice of default, or otherwise enf-arcyng the contract, With ojc without spit. S. lnsaT-ance. it is understated and agzeed that there is not at this time any insurance, fire, II -ability, or otherwise, upon the promises. If Buyer wants antype of insurance upon the premises, Buyer will obtain and P ay for said insurance. COntract of Sale - Page 3 z;iw F6\uK\P AKKmiS. C0s Poo 1 B�� T 1 X d ' T900Z/ST/60 r. 9. Closing. Ray W. Rigby of the law firm of Rigby, Thatcher, Andrus, Rigby & Moeller, chartered, shall be the closing agent for the parties and, upon receipt of uh-e preliminary tit -10 report mentioned above will submit the Same to the parties, and upon their approval shall set and notify the parties of the clp�in� date �d the place, shall be �t the address of said. law arm, where the Buyer shall receive, by its Manager(s), said recorded Warranty Deed and Title Policy delivered to said closing agent in behalf of the Scllcrs and the purchaso price, less the Stflers' costs and attorneys fees and BUyor Will pay Buyer's share of the closing costs, all puxsuant to a Closing statement executed by the pat -ties as a part of this enti-re transaction. 10. Binding Effect, This agreement is not only binding upon the parties hereto, but upon their respective successars, man.agers, adrnirrisira�ora, and assigns. IN WITNESS WHEREOF, the parties have executed this contract. " SELLERS " THE YVETTE R. PARKINSON TRUST •L r 1 d STEE /Z DONNA P. CHERRY, TRUS Contract of Sale . Page 4 +XW' 1 VJ RK1N 'COS "BCTYER" DIAMOND L. INVESTORS LLC � ra" 1"Now, - - — — -- - — - 2 - - - - - IV 'I M � .W.W �.� M X00[ t a W T L 9oz d T T90OZ/9T/60 0 THE ESTATE OF"YVETTE R. FA1111011�[JNN0T It • PERSONAL REPRESENTATIVE DONNA P. CHERRY, % PERSONAL REPRESENTATIVE CyI1IrYo7i a :. • County of Madison.. On this 3 1 " day of May, 20+D6, before me, the undersigned, a Notary Public in and for said State, personally appeared RETD R. PARKSINSON and DONNA P. CHERRY, as Trustees of The Yvette R. Parkinson Trust, and REID R. PARKSINSON and DONNA P. CHERRY, as Personal Representatives of The Estate of Yvette R. Parkinson, and RYAN LEISHMAIV and NICK LEISHMAN, Managers of JDiamond L. Investors LLC, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. contract of Sale, - Page 5 Z :1 W PG1DKTARK iN S . COS Notary Pk5lic for Idaho '60/0", Residing at: Rexh,urg, fD My Commission expires: 03-12-2011 d AT T/60