HomeMy WebLinkAbout20080513Greene Note.pdf- .flTL-6-08-1
BOHNER LAW OFFICE
AITORNEY AT LAW
AJ. Boer, Attey at Law
Karen L. Weybrigh Admisttive Assistat
6061 Ton Drive
Post Offce Box: 16789
Boise, Ida 83715
Tel; (208) 37&.5595
Fac: (208) 376-098
FAX TRASMISSION
Please deliver the followin pages to:
NAM:Terry Carlock
COMPANY: PUC
DATE:May 13.2008
FAX NUER: 334-3762
TOTAL NUER OF PAGES (including this cover):
FROM: Karen
Five (5)
COMMNTS:
Israel Ray of Atlanta Power Company, Inc. ased me to fa you a copy of
the
attached signed agreement.
Original documents wil:
() Follow by regular ma
r 1 Follow by overght delivery
(Xl Not be sent
if you had any problem receiving this FAX, pleae cal th sender at (208) 376-5595.
File No.lClíent
The page coiprising ths facsimile tnssion cota cofidenl inontion from Bor Law Offce.
Th inoron is inended solely for use by the indvidual entity na as th recipien heeo. If yo are
not th intnded recipien be aware that any discosure, copyi, distbuti or us of th cons of th
trmission is prohibited. If you - have reved ths trsson in errr, please no us by telephoe
imediately so we may arane to itev th trssion at no cost to yo.
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AGREEMENT
COMES NOW ATLA POWER COMPAN, INC., an Idah corporation,
hereiner referred to as "Atlata"j and GREENE TREE, INC., an Idaho corpratin, whose
address is Post Offce Box: 39, Atlanta Idaho, herinafer refered to as "Greene Treej' and agree
as follows:
WITNSS:
WHREAS, Atlta is in the business of providing electrical power to customers
in the Atlata, Idaho area; and
WHS, Greene Tree is a custome of Atlta; and
WHREAS, Greene Tree is wilg to prepay for electrca serv in the sum of
Ten Thousand Dollar ($10,000.00); and
WHREAS, Atta is in agreeent to accept the payment therefor~
NOW, THEORE, in consideration of the mutual terms, covents and
conditions hereinaer set fort the parties agree as follows:
1. Gree Tree does hereby agree and wil~ upon execution of this
Ageement, pay to Atlanta the sum of$lO,OOO.OO in prepaid electric service to be provided by
Atlanta to Greene Tree from and afer the execution of th Ageement.
2. The prepaid electric serces momes shall be used to repai an restore
Atlata equipment for delivery of electrc power.
3. Atlta will, on a monthly basis, credit the Greene Tree acun for the
value of the electricity tht is provided to Greene Tree for each such month and debit th account
$882.65 each month for a period ofiwelve (12) months. These monthy eletrc serce credits
represent the payment of interest and prinipal associated with the $10,000.00 paymt made by
Greene Tree. These $882.65 paymen shal be interpreted as "level pay." If Greee Tree uses
more electrcity than the $10,000.00 duri th 12-month period, Greee Tree wìll be bmed for
the balace then due and owing at the end of the 12-month perod. If Greene Tree has a credit
balace at the end of the 12-month period, then tht credit wil be applied to the Greene Tree
account monthly thereafter until such credit has been used in fuL.
4. Atlata will pay anal inerest at the rate often and thee-quarer percent
(10.75%) per anum.
5. Tim is of th esence in the perfrmce of ea an every term and
condition of this Agreement.
AGREEM - 1
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6. If either pary seeks the services of an attorney for the enrceent of any
provision herin, the prevailin pary shall have the righ to reimburement of costs an
reasonable attorney fees incurred threin, both as to trial and on appea.
7. This Agreeen may be executed in any nuer of countear, eah of
which shal be deeed as origin but al such cowiterar shal constitute one an the same
instrment.
8. This Agreement shall inure to the benefit of the respective pares, thir
heirs, perona representatives, assigns and successors in interest.
TIS AGREEMNT is executed ths _ day of Mach, 2008.
ATLNTA POWER COMPAN, INC.
By e&~
GREEN TREE, INC.
By
Alva Gree, President
STATE OF IDAHO )
11 ß ) ss.County of naa )
On this J r¡ -- day of Mach 2008, before me, the undersiged, a Nota Public
in and for said State, persnay appeared ISRA RAY, known to me to be the presídent of
ATLANTA POWE COMPAN, INC.; the corpratin executi the wit and foregoing
intrument and acknowledged to me tht said corpration executed the same.
IN WISS WHREOF, I have hereunto set my had and afJed my
offcia
sea the day and year firt above wrtten.
KAREN L WEYBRIGHT
N.ililry Public
Siili~ of Idaho
AGREEMENT - 2
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11
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6. If eier par ses th smee of an attmey for the enceent of any
prvision her, the prevailing par shal hiiVC th right to reiburent of costfl an
Jænable atorney fe inc 1hn, bot as to tral an on appeaL.
7. Th .Aeeent may be cxec in any number of counterari each of
which shall be deeed as original. but al such cotear shall cotite on8 and the A8eim¡tnent. .
8. This Agent ,hall inur to the benfit of the resve pares. their
heir., personal repretiveBl asgns and suoø in intet
. THIS AOREEM is exec ths ~ day of kL .2008.
ATLTA POWE COMPAN1INC.
By Israel Bi
Its, Presdmt
GRNE TREE, INCORFORATED
t.'k¿¿:A/~By_ AlvaD. Greee
Its Preidet
AGRT" 2 cii82 t5.Z
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I.~
STATE OPJCJiiÐ )
) 53.
County of gl )
On this ~daY of fV A /I i. _ 200J before me. the unerigned, a
Notai Public in and for said Stat p~ ISRA RAY known or identified to me
(or prved to me on the oath of ) to be th predent of
A'lTA POWE COMPAN1INc., th cotion tht exected the ins1ment or the pern
woo executed the inat on behf of said airpration, aød aokwledge to me tht such
corportion execød the SM.
IN WITESS WHF, I have herto se my hanc1 md affixed my offcial
seal the day and yea in this ceficate firs ahOV., writtn,
NOTARY PUBUC FOR IDAHO
Residing at
My Comission Exes
STATE OF ú1l)
) 51.
County of u77W/)
On tl .Ly of tnM"tÁ . 2008. befoe me, the Wldergned, a
Nota Publie in and for siid State¡ penally appear ALVAD. GREE kn or identified to
me (or prved to me on the oa of it UL D Gr ee e. .J to be the president of
GRE TREE. INCOltORATJtD, the corpration tht exec tho instrent or the person who
executed the instrm=it on belf of said cooration. and ackowledged to me tht such
coration exected the same.
IN WITNSS WHEF i I have herto set my ha and afed my offial
sea the day an ye in th oerfiate first abve written.
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