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HomeMy Public PortalAbout1967.18.06 Ackaret Contract of Sale of Real Property 211—CORPORATION WARRANTY TI1FD Printed and for sale by Syms-York Company,Boiee THIS INDENTURE, Made this� /� day of June ,in the year of our Lord one thousand nine hundred and S ixty—s even between THE CITY OF Mc CALL, IDAHO, municipal a,corporation duly organized and existing under the laws of the State of Idaho and having its principal office in Idaho at McCall in the County of Valley ,party of the first part,and LEONARD W. ACKARET and ALPHA A. ACKARET, husband and wife, of McCall , County of Valley , State of Idaho part iesof the second part, City WITNESSETH, That the said party of the first part, having been hereunto duly authorized by resolution of its Bcialfx Council DPf-d€ f'sxfor and in consideration of the sum of TEN ($10.00) DOLLARS, lawful money of the United States of America, to it in hand paid by the said part ies of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain, sell, convey and confirm unto tile said part ies of the second part, and to their heirs and assigns forever, all the following described real estate situated in McCall , County of Valley - State of Idaho,to-wit: Lots 3 and 4, Block 3 of the Original Townsite of McCall, according to the official plat thereof on file and of record in the office of the Recorder of Valley County, Idaho. every person-and persons whomsoever,lawfully claiming or to claim the same, shall and will warrant and by these presents forever defend. .- IN WITNESS WHEREOF, The party of the first part has caused its corporate name to be hereunto subscribed by its Mayor Etestlextp.nd its corporate seal to be affixed by its. Clerk Settutog in pursuance to said resolution the day and year first above written. SIGNED. SEALED AND DELIVERED TN PRF.CENTrE nF 1 77 f � � PAGE 2 13. The escrowholder's annual collection charges shall be paid by the Sellers unless otherwise indicated herein by checking one of the following: ❑ BUYERS ❑ DIVIDED EQUALLY:- - 14. Enclosed are the following Documents to be placed in escrow: Contract of Sale of Peal Property dated June 12 1967. Warranty Deed dated June 12 s 1967. 15. Check one: Z] Buyers are given the privilege of prepaying any payment due under said contract at any time. ❑ Buyers are not given the privilege of prepaying any payment due under said contract at any time. 16. Interest at the rate of _ % per annum•shall commence June 121 1967 and shall he computed on the unpaid principal balance to date of payment each time a payment is made. 17. Check one: EXall payments shall be credited first to the interest then due, and the balance to the principal. ❑ interest shall be paid in addition to principal'payments. 18. When you have received the unpaid principal of $___11,000q00 , and interest for Sellers, you shall deliver all of the above documents except the contract, subsequent assignments, supplemental agreements, and escrow instructions, to any of the Buyers, or his order, and, thereby, close your escrow. 19. You are, hereby, authorized to deduct from the final payment $ to cover the cost of Federal Documentary Stamps to be affixed to the deed. 20. Until further written notice to you, signed by each of the Sellers, payments as received on this escrow shall be disposed of as follows: Credit checking account of: Leonard W. Ackaret or Alpha A. Ackaret • Credit savings account of: Other instructions: 21. Any instrument or document placed in escrow herewith at this time, or hereafter, is accepted upon the condition • that the escrowholder may at its option for any reason, within 15 days from the deposit of such instrument, refuse to accept the same; in which event the escrowholder shall notify all parties hereto in writing of such refusal and shall return such instruments, together with the fee paid in connection therewith to the party or parties depositing the same. 22. The escrowholder shall have a lien upon all monies, papers and properties held by it in connection herewith for any fees, costs or expenses due it hereunder. • • 23. We have read the foregoing instructions, understand the contents thereof, and agree that The Idaho First . National Bank, in the administration of this escrow, is bound only and solely by the foregoing written instructions, and such further written and signed instructions as we may, hereafter, deliver to said bank and the same be accepted by it in writing. IN WITNESS WHEREOF The undersigned have hereunto set their hands and seals the 3.5th day of 31211Iet , 19 24. SIGNAT S: COMPLETE ADDRESSES (Please print): Mcc l a• Idaho McCa.11. Idaho CITY OF McCALT s- IDATiC • x — • �. r• •./� x • I ar7 .. Y X • x me monies paiu on saia escrow. lne 1111iluilu111 annual euarge Jllall Lie 9 , -i- , auu 1.11e puLLies nereto shall be'jointly and_seveially•liable-therefor. In the event said escrowholder shall be required to divide the payments, ;ariradditional--n;inimuin charge of $1:00 shall be allowed for each division for each payment. There will be an addi- • -tional filing fee,the amount to be determined by the escrowholder, for any subsequent assignments, amendments or other documents-placed with this escrow. ( 2.'-.It is expressly understood between the parties hereto that said bank is to be considered and held as a-depositary :only;and-shall not be responsible or liable in any manner whatsoever for the sufficiency or correctness as to form, manner,'or execution, or validity of any:instrument depo sited in this escrow, nor as to the identity, authority or rights of any person executing the same; also, that said bank assumes no responsibility, nor is it to be held liable as to the condition of the title to any of the property involved herein, nor as to any assessments, liens or encumbrances against said property; and that its duties hereunder shall be limited to the safekeeping of such money, instruments or other documents received by it as such escrowholder, and for the delivery of the same in accordance with these written escrow instructions; it is further agreed that the bank shall in no case or event be liable for the failure of any of the conditions of this escrow or damage or loss caused by the exercise of the bank's discretion in any particular manner, or for any other reasons, except gross negligence or willful misconduct with reference to the said escrow. 3. In the event of any disagreement between the parties hereto or any parties interested herein, resulting in adverse claims and demands being made by them or any of them, in connection herewith, upon the escrowholder, said escrowholder shall be entitled at its option to refuse to comply with said demands so long as such disagree- ment shall continue; and in so refusing,.said escrowholder`may refuse to deliver any monies, papers or property involved in or affected by this escrow; and in so refusing,.the escrowholder shall not be or become liable to the parties to this escrow for its failure and/or refusal to comply with the conflicting or adverse demands of the parties hereto. Further, that the escrowholder shall be entitled to continue to so refrain to act until, a. the parties hereto have reached an agreement in their differences and shall have notified the escrow- holder in writing of such agreement, or b. the rights of the parties have been duly adjudicated by a Court of competent jurisdiction. 4. In the event of any disagreement between the parties hereto; or demands or claims being made upon the escrowholder by the parties hereto or interested herein or by any other party, said escrowholder shall have the right to employ legal counsel to' advise it and/or represent it in any suit or action brought affecting this escrow or the papers held in connection-herewitli; and the parties hereto shall be jointly and severally liable to the escrowholder for any and all attorney's fees, costs, and disbursements incurred by said escrowholder in connection herewith; and upon demand shall forthwith pay the same to the escrowholder. 5. Any payment made hereon other than in cash shall be credited on this escrow conditionally, pending the escrowholder's receipt of available funds at par. 6. In the event that the Sellers shall declare a Default they shall cause to be delivered to the escrowholder, Notifi- cation of Default, in duplicate, and as many additional copies as the escrowholder may deem necessary, with instruc- tions to the escrowholder to mail the original of. the Notice_to:,Athe Buyers by registered.or.certified mail. The duplicate Notice shall be retained with the escrow file. 7. Notices or other written communications placed in the United States mail, postage prepaid and addressed to the undersigned, or any of them, at their or his post office address, shall be deemed to have been given to them or him on the date of mailing. 8. It shall be the duty of each party to the contract held in escrow herewith and any other party interested therein by assignment or otherwise, to keep the escrow departm ent of the escrowholder and all parties to or interested in said contract advised of any change of address. Such advice must be in writing, refer to all parties to or inter- ested in said contract, give the date of contrast, and'shall be mailed by certified or registered mail with return receipt requested to the escrow department of the escrowholder, and to all parties to or interested in said contract.. All notices given pursuant to the terms of any agreement placed in escrow herewith must be given through.the escrowholder as herein above provided, and,said escrowholder shall not be required to recognize service of notice given in any other manner. 9. It shall be the sole responsibility of any party to or interested in said contract and desiring that notice be mailed by the escrowholder to furnish escrowholder with all correct names•and their then current mail address, and the failure to do so shall render the party requesting notice to be mailed, liable for any damages resulting from mailing any notice to a wrong address. The party requesting the giving of any notice shall-pay the expense thereof to the escrowholder. 10. The Buyers agree that should a Notification of Default be forwarded to then asset forth above, that, unless they advise the escrowholder in writing, within the time allowed in the contract for correction of default, that the terms of the contract are not in default or that the default has been satisfied, the escrowholder shall not be or become liable to the Buyers for the delivery of the escrowed papers to the Sellers. 11. Sellers agree that should a default be declared and Buyers subsequently deposit any monies or papers with the escrowholder to cure said default, the escrowholder may, at its option, refuse to release said monies or papers to the Sellers until the Sellers acknowledge to the escrowholder that the default is satisfied or cancelled. 12. In the event that this escrow is cancelled or forfeited and a demand made upon the escrowholder to return the escrowed documents, it is agreed that said escrowholder may retain the contract, amendments thereto, the escrow instruments, and any assignments or correspondence which it may have received in connection with said escrow. CONTRACT., OF SALC OF REAL PROPERTY - BetWeen •LCONARD `�aAiC T. KARE7, anal ALPHA,..A. ACKARE , hi. - band ,.and wife,. Oi • McCc'l7, Vall ey C©unc r , Idaho, . as• _ . • :Sellers And "THE CITY. bF McCALL, IDAHO, . : - . ,. ' • ' a: Municipal corporation of -the State of Idaho, as: toyer . THIS AGREEMENT, Made and entered into this 10? -dayy of ";June,,, 1967, by and between LEONARD A.CKARE ' ,and ALPHA . , AC .RET, ., husband and wife '. hereinafter called the Sellers , and. THE CITY Or' McCALL, IDAHO, a municipal •corporation, here- "' i.naf ter. called the Buyer y • S^vr •I T t S. C •.`' •aF in consideration o the mutual- covenants and agreements herein can'taa.ncd, the Sellers. agree_-, o• sell and the Buyer. agrees '.to buy" real -property situate in Valle County, Idaho, • more particularly described as follo ys, to-,wits'.. . Lots s 3 and 4, Block 3 of the Original Townsite _ of McCall,1, according 'to the :official . plat - thereof -on file and of-'record in the off ice" of ti-ie .:Recorder of Valley County, Idaho. - PurchasePrice.. The s:Cre.eci purchase price to be paid 'Oy t.he.",Buyer to the Sellers for said property, and the .whole thereof , is the sure of: Fourteen .Thousand.- ($14 ,0U0.00) Dollars ,,. .• .payable, as f0llow s, The sum of- t1,000.60 upon the' exeCut on hereof, the receipt whereof is hereby .acknowledged by • the sellers ' The balance` o $13,O0O.0O together' with interest - • thereon at . ,:he rate of '6 per annum;.fr'om and af- ter date Of puss ysion as hereinaf£er set forth; ' sha.l be paid' as follows : , The sum of '$3,000.00 together with `accrued ins nay r3 nsi 4-1.1.c1 i r All payments shall be , credited first to interest and then to principal. Buyer shall have the privilege of paying any additional sum on such purchase price at any time during the term hereof without penalty. Taxes and Assessments. Sellers agree to pay prior to the time the same become delinquent, all taxes and assessments levied or assessed, or that may be hereafter levied and assessed, against all of the above described property for the first half of 1967 and all prior years. Thereafter the Buyer shall pay any and all taxes and assessments that may be levied and assessed against such premises. Sellers ' Option, to Pay Taxes. Should the Buyer default in the payment of taxes , assessments or liens created or suffered by them, the Sellers, at their option and without waiver of their right to declare a forfeiture, may pay the same and such sum or sums paid by Sellers shall become immedi- ately due and payable from the Buyer, with interest as pro- vided by law. Possession, Use and Occunancy. The Buyer shall be entitled to the use, possession, and occupancy of said pre- mises on and after the date hereof 9 and shall be entitled to continue in possession thereof so long as it shall not be in default in the performance of any of the cov- enants and agreements herein contained. Buyer agrees to keep said property, and the whole thereof, in good condition and repair and not to ccmmi t, suffer, or permit any waste thereon, or omit any reasonable retirement that would result in the depreciation in value or impair or defeat the rights or secur- ity of the Seller;. Buyer agrees that Sellers , or their authorized agent, may go upon the premises at reasonable intervals and at reasonable times for the purpose of inspect- inn the same. Buyer agrees that it will not abandon said • presses, or any part thereof, and in case it should abandon the same, Sellers may have the right tv immediately re-enter and take possession thereof without first declaring a for- feiture, as in this agreement provided. No Encumbrances Permitted. IT IS AGREED that a copy of this agreement shall not be recorded, except with the consent of the parties hereto, it being understood that Buyer's poss- ession of said property as sufficient notice of its interest therein. Neither party shall encumber the title to said property outing the life of this agreement, and in particular create, suffer, or permit any liens to be filed thereon for material furnished and labor performed in making improvements or repairs thereon. Escrow. IT .IS FURTHER AGREED that concurrently with the execution of this agreement the Sellers shall execute a warranty deed to said real property hereinabove described, conveying the same to Thin►er free and clear of all liens and encumbrances except taxes and assessments for the year 1967, which deed shall be immediately recorded with the Recorder of Valley County, Idaho; that in addition thereto, concur- rently with the execution hereof, the Buyer shall execute a warranty deed conveying said real property hereinabove de- scribed back to the Sellers , which warranty deed shall be delivered to the Idaho First NationCi sank , McCall Branch, McCall, Idaho, as escrow holder and said escrow holder shall be instructed to deliver such deed back to Sellers in the event of default of the Buyer in the performance of any of the covenants and agreements heroin contained , including failure to make any of said payments as herein provided. The said escrow holder is hereby instructed that upon full compliance with the terms hereof, all documents deposited in escrow herewith are to be delivered to the order of Buyer. The Buyer shall pay for the revenue stamps to be affixed to the deed delivered by Sellers to Buyer concurrently herewith. Recording of • Deed. The purpose of execution, delivery and recording of the warranty deed from Sellers to Buyer con- currently herewith is to have said property removed from the tax rolls of Valley County, Idaho, it order that taxes and assessments after 1967 shall no longer be levied and assessed against the same. The delivery of such deed to Buyer shall in no way relieve Buyer from complying with all of the terms and conditions of this agreement✓. Expense of Escrow. IT IS AGREED that the initial escrow charge shall be paid equally by the parties hereto; that Sellers shall pay the escrow charge for making collections of and remitting the installments herein provided. Default and Forfeiture. IT IS EXPRESSLY UNDIs'RSTOOD AND AGREED That time is of the essence of this Agreement and should the Buyer fail or refuse to make any of the payments as herein provided, or default in any of the covenants hereby imposed upon it, the Sellers may give Buyer wirtten notice of their intention to declare a forfeiture of this Agreement; that said notice shall be prepared by Sellers, in duplicate, addres- sed to Buyer and deposited with the escrow holder herein named, which escrow holder shall mail one copy of said notice by registered mail to Buyer at the office of the City Clerk, McCall, Idaho, or at such other address as Buyer shall desig- nate in writing to said escrow holder. In the event the Buyer does not cure or remedy such default, or defaults, within a period of sixty (GO) days from the mailing of said notice, the Buyer shall forfeit all rights under this Agreement and all rights to retain the possession or use of said prop- erty, or any part thereof, and shall immediately deliver the possession of the same, and the whole thereof, to Sellers and from and after the date of such forfeiture said Buyer shall be deemed to be tenants of the Sellers holding over after expiration of their lease and shall be subject to dispossession under the law relating to forcible entry and detainer; and upon such forfeiture the Sellers shall have the rig it to demand and receive from the escrow holder herein aopointed all documents deposited in escrow with said escrow holder under the terms of this Agreement; provided, however, 'that Sellers shell not have the right to declare this Agree- ment forfeited for failure to pay the installments due on the purchase price so long as the aggregate amount paid equals the minimum provided. The Buyer agrees that upon such forfeiture it will immed- iately surrend2r possession of said property to Sellers in as good condition as when it received the same and that all moneys paid by it to Sellers under this Agreement, and all improvements and additions made on or to, said property may be retained by Sellers as liquidated damages for breach of this Agreement and as rental of said property; that forfeiture shall not be deemed Sellers ' exclusive remedy for a breach hereof. lanlisinlientatives. IT IS FURTHER UND::RSTOOD AND AGREED By and between the respective parties to this Agreement that this Agreement shall apply to an,1 be bictding upon the heirs, executors, ,and administrators and assigns of the respective parties hereto. IN WITNESS WHEREOF, the Sellers have hereunto set their hands and the Buyer has caused this agreement to be • ,' - - ,. . . executed by . , is Mayor and. Ci;rk' Lyr due 'authorization . QJ - its Mayor and ' Council, the day and .sear first above writtc:t. • tc-!-£- ---,-.t._,./--m- • . X . THE CITY OF McCAT L, . XDAdO . T'I' b��• • 4aypi ' ' (1.- - 7- ' ' 'C< t Clerk BUYER : . ' • . yr: • • • l �1 - ., A� „• ' - . Y. n K - c F. 7 - s.: • STATE OF IDAHO ) ) ss. County of Valley ) Cu this _ -day of June, 1967, before me the under- signed Notary Public in and for said State, personally appeared LEONARZD W. ACKARET and ALPHA A. ACKARET, husband and wife knc;1'•;;n to me to be. the persons. whose names are subscribed to tr within and foregoing instrument, and acknowledged to me that they executed the same. L' WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and v"ar in this certificate • • first above written, Notary Public for Idaho Residing at McCall, Idaho STATE OF IDAHO ) ) ss . • County of Talley ) • On this „ LZT,day of June, 1967, before me the under- signed Notary Public in and fur said State, personally appeared ED SIZEMORE and WILLIAI•I A. KIRK, kmcwn to ,me to be the Mayor and Clerk of The City of McCall, Idaho, chat exe- cuted the within and foregoing instrument, o,r the persons who executed the instrument on behalf of said City of i°IcCall, Idaho, ..end acknowlecg d to me that such m. nicipa} corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my eificia's_ seal the day and year in this certificate ' first above written. Notary ublic for Idaho Re idir;ci at NcCall c, Idaho 211—CORPORATION WARRANTY TEED Printed and for sale by Syms-York Company,Boise THIS INDENTURE, Made this• /-.? day of June ,'in the year of our Lord one thousand nine hundred and sixty—seven between THE CITY OF McCALL, IDAHO, municipal a,corporation duly organized and existing under the laws of the State of Idaho and having its principal office in Idaho at McCall in the County of Valley ,party of the first part,and LEONARD W. ACKARET and ALPHA A. ACKARET, husband and wife, of McCall , County of Valley , State of Idaho part ies of the second part, City WITNESSETH, That the said party of the first part, having been hereunto duly authorized by resolution of its BKa C X Council 131PF-e` 56 s for and in consideration of the sum of TEN ($10.00) DOLLARS, lawful money of the United States of America, to it in hand paid by the said part ies of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain, sell, convey and confirm unto the said part i es of the second part, and to their heirs and assigns forever, all the following described real estate situated in McCall , County of Valley State of Idaho,to-wit: Lots 3 and 4, Block 3 of the Original Townsite of McCall, according to the official plat thereof on file and of record in the office of the Recorder of Valley County, Idaho. J r • „ _I; ), TOGETHER With all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all estate, SIGNED, SEALED AND DELIVERED IN PRESENCE OF �c��r / • — — ByV 1,L�_6! _ ,� — — Its----------M a yar FlsagtdLnb. Attest Z-e. -2�d Z -' ___ _3, ---..- Its Clerk ' _ ; reyly. STATE OF IDAHO, } ss. COUNTY OF Valley On this J5- 1 day of June in the year 19 67 ,before me the undersigned , a Notary Public in and for the said State, personally appeared Ed Sizemore city known to me to be the Mayor of the cOlCpVigidn that executed this instrument or the person who:executed`the instrument on behalf of said c�C- qn, and acknowledged to me that such cs p1u 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. - -i.----- -- - ----- Notary Public for the State of Idaho, Residing at McCall ,Idaho. • a) N a 4b CI) �; ib o p i o d A 0 A jg o O A -• En - U W U F 1-1 0 a) i d k 44 i re ,O I F o I i b i In ; Cad H ad' o I 0 Z I COc c F I C.) Ell 1 ty F , j x ° w° A u i os o o .. o P] W "