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HomeMy WebLinkAbout20102905.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PURCHASE OF REAL PROPERTY AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -TOWN OF KERSEY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Purchase of Real Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Kersey, 332 3rd Street, Kersey, Colorado 80644, with terms and conditions being as stated in said agreement, for the purchase of properties described as: Lots 25, 26, 27, 28, and 29, Block 5, Town of Kersey, County of Weld, State of Colorado WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Purchase of Real Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Kersey, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement and all necessary documents. ( C CAS -Lit' C 1 atic� 2010-2905 - - I / PR0032 AGREEMENT FOR PURCHASE OF REAL PROPERTY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of December, A.D., 2010. � BOARD OF COUNTY COMMISSIONERS 4 E L A:),. ELD COUNTY, COLORADO ATTEST: ) �',r .'' " \� , Cq r ?b•T,•I Radem-cher, C air • Weld County Clerk to the Bonew -%. 7 i• err rbara Kirkmeyer, ro-Tem Depu Jerk tt the Board Sean nway O DfiORM: - 4c&cia p o Attorney �•v `� David E. Long Date of signature: I illII i 2010-2905 PR0032 • AGREEMENT FOR PURCHASE OF REAL PROPERTY November I Q ,2010 1. PARTIES AND PROPERTY: The Town of Kersey,a municipal corporation in the County of Weld and State of Colorado, by and through the Mayor and Board of Trustees of the Town of Kersey,whose address is 332 3`d Street,Kersey,Colorado,(Purchaser). hereby agrees to purchase, and the County of Weld, a body corporate and politic in the State of Colorado, by and through the Board of County Commissioners of Weld County, whose address is 915 Tenth Street, Greeley, Colorado 80631, ("Seller"), hereby agrees to sell, on the terms and conditions set forth in this Agreement for Purchase of Real Property ("Agreement"),the real estate described in"Exhibit A", a copy of which is attached hereto and incorporated herein by reference. Included in the sale are any and all improvements existing on the property, (including the shed and any water taps), all attached fixtures owned by the Seller, and miscellaneous furniture and equipment, described in paragraph 5, below described herein as "the Property"). 2. PURCHASE PRICE AND TERMS: The purchase price shall be One Thousand Dollars and no/100($1,000.00),payable in U.S. Dollars to Seller by Purchaser on the date of closing, December 1, 2010. 3. NOT ASSIGNABLE: This Agreement shall not be assignable by Purchaser without Seller's prior written consent. Except as so restricted, this Agreement shall inure to the benefit of and be binding upon the heirs,personal representatives, successors and assigns of the parties. 4. PROPERTY SOLD"AS IS": The real property and the improvements thereon are sold"as is". Seller makes no warranties regarding the Property, including, without limitation, warranties as to the suitability of the improvements for any particular purpose, warranties concerning the structural integrity of the improvements, and/or warranties concerning the accuracy of the boundary lines of the lots. Purchaser is relying on its own inspections and observations of the Property and not upon any representations of the Seller. 5. PERSONAL PROPERTY INCLUDED IN SALE: The Property includes certain items of personal property, including a wooden desk, metal file cabinets,a workbench and an above ground fuel tank, and other miscellaneous items. Seller will remove all personal property which is not included in the sale on or before November 30, 2010; all personal property found at the date of closing, December 1,2010,on the real property described in Exhibit A, shall become the property of Purchaser on that date. 6. EVIDENCE OF TITLE: Seller provides herewith two deeds, attached hereto as "Exhibit B" and "Exhibit C", which represent Seller's chain of title in and to the Property. Seller provides no other title information to Purchaser.Purchaser,if it so desires, shall obtain,at its sole expense,a current commitment for an owner's title insurance policy.Seller has no actual Purchaser Page 1 of 5 Seller/ 111111111111Hill HUH III IIIIII1111111111 .0- 705 3742153 12/30/2010 03:52P Weld County, CO PRoo3a. 1 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder knowledge of any other title matters not shown of record which could be disclosed to Purchaser. 7. INSPECTION: Purchaser is solely responsible for and shall pay all costs associated with any inspection on the Property and shall not allow a lien to be placed on the Property resulting from any work done or requested by Purchaser. Purchaser shall be responsible for and shall pay any and all damages, resulting from its inspection of the Property, and in the event Purchaser fails to complete the purchase of the Property, Purchaser shall return the Property to the Seller in substantially the condition the Property was in prior to Purchaser's inspection.If Purchaser discovers any unsatisfactory condition,it must provide notice of such condition to Seller on or before November 10, 2010, and if Purchaser and Seller have not agreed, in writing,to a settlement thereof on or before November 22,2010,this Agreement shall terminate on November 24,2010,unless,Seller receives written notice from Purchaser waiving objection to any unsatisfactory condition on or before that date, (November 24, 2010). 8. DATE OF CLOSING: The date of closing("Closing") shall be December 1, 2010, or by mutual agreement at an earlier date. The hour and place of closing shall be agreed upon by Seller and Purchaser. 9. TRANSFER OF TITLE: Subject to tender or payment at closing as required herein and compliance by Purchaser with the other terms and provisions hereof,Seller shall execute and deliver a Bargain and Sale Deed to Purchaser, at the Closing. 10. ENCUMBRANCES: Seller is unaware of any encumbrances on the property and shall not be responsible for the payment of any unrecorded encumbrance(s). 11. CLOSING COSTS, DOCUMENTS AND SERVICES: Purchaser shall pay the documentary fee and costs to record the deed. Purchaser and Seller shall sign and complete all customary or required documents at or before closing. 12. PRORATIONS: Seller shall pay all utility costs through the date of Closing, including water and sewer charges, and Purchaser shall pay all such costs after the date of Closing. Seller shall be responsible for the payment of all insurance on the property through the date of sale, and Purchaser shall be responsible for the payment of all insurance on the property from the date of sale. Seller shall be entitled to any refund of insurance premium(s)paid for coverage after the date of the sale.No other expenses,taxes,or assessments shall be prorated to the date of Closing, except as noted in this Agreement. 13. POSSESSION: Purchaser shall be entitled to possession of the Property upon following Closing. Subsequent to the date of this Agreement and prior to Closing,Purchaser,its agents and employees shall be entitled to enter upon the Property for the purpose of making inspections thereof. PurchaserC X9 Page 2 of 5 Seller/ 1111111 11111 111111 IIII 111111 11II II11111 III 11111 DIME 3742153 12/30/2010 03:52P Weld County, CO 2 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 14. TIME OF ESSENCE/REMEDIES: Time is of the essence hereof. If any obligation hereunder is not performed or waived as herein provided, there shall be the following remedy: If either party shall be in default, the other party may treat this Agreement as cancelled. 15. RECOMMENDATION OF LEGAL COUNSEL: By signing this document Purchaser and Seller acknowledge that each of them has been advised that this document has important legal consequences, and that each is aware of the importance of the examination of all documents of title,and that to their individual satisfaction,each has consulted with legal and tax or other counsel before signing this Agreement. 16. NOTICE TO PURCHASER: Any notice to Purchaser shall be effective when received by Purchaser. Notice to Purchaser shall be given to: Town of Kersey Tracey McCoy, Town Administrator 332 3r° Street Kersey, Colorado 80644 17. NOTICE TO SELLER: Any notice to Seller shall be effective when received by Seller. Notice to Seller shall be given to: Weld County Monica Mika, Director of Administrative Services 915 Tenth Street Greeley, Colorado 80631 18. MODIFICATION OF THIS AGREEMENT: No subsequent modification of any of the terms of this Agreement shall be valid,binding upon the parties,or enforceable unless made in writing and signed by both parties. 19. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Agreement. 20. NOTICE OF ACCEPTANCE AND COUNTERPARTS: This proposal shall expire unless accepted in writing,by Purchaser and Seller,as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before November 10, 2010, ("Acceptance Deadline"). If accepted,this document shall become an Agreement between Seller and Purchaser. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof,such copies taken together shall be deemed to be a full and complete Agreement between the parties. Purchaser\If Page 3 of 5 Seller / H1111111111111111111 111111 3742153 12/30/2010 03:52P Weld County, CO 3 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 21. ADDITIONAL PROVISIONS: (a) NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. (b) NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. (c) SEVERABILITY: If any clause, provision, subsection, section or article of this Agreement shall be held to be invalid,illegal or unenforceable for any reason,the invalidity, illegality or enforceability of such clause, provision, subsection, section or article shall not affect any of the remaining provisions of this Agreement. (d) REMOVAL OF PERSONAL PROPERTY: Seller shall remove all personal property from the premises on or before the date of Closing. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to, and be binding upon, the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF,the parties have set their hands on the day and year first above written. SELLER: ATTEST: BOARD OF COUNTY COMMISSIONERS V. 4aS OF WELD COUNTY, \TATE OF COLORADO By A�. Jv� Deputy Cler/'o the Board �� �'� ,� Douglas ademacher Chair DEC 13 2010 PURCHASER: ATTEST: TOWN OF KERSEY, Purchaser<5? Page 4 of 5 Seller / 111111111111111111111111111111111111111 III 11111 It I l L 3742153 12/30/2010 03:52P Weld County, CO 029e.5"4 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder WELD COUNTY, STATE OF COLORADO By: ACCLlerk � C PA By: '�.i Qh/ O774 _44. To Gil in, Mayor Purchaser, c Page 5 of 5 Seller / 1 111111 11111 111111 1111 111111 IIII 1111111 III 11111 IIII IIII 3742153 12/30/2010 03:52P Weld County, CO 5 of 9 R 0.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Lots Twenty-five, Twenty-six, Twenty-seven, Twenty-eight, and Twenty-nine (25, 26, 27, 28, and 29), Block Five (5), in the Town of Kersey, County of Weld, State of Colorado. 1111M 11111111111I II111111111111131111111111 I I I! 1111 3742153 12/30/2010 03:52P Weld County, CO 6 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "B" BK-740/PG-160 • • warmers aaaonirm eY OrMGr esbl look u a Lees0.,boon a.4 eters Rio ...... 'Qbfs$5eeb,Maio thie.Pnlsteenth day of....._harsh 4 .WARRANTY DEED in the year of our Lord one thousand sine kindred and . Tienty:9bar between ' FROM - Aaron.Anderaon • dthe -_- Co tY of .. Feld ...._ __and State of Colorado,ohee TO Brat put,and Feld County, a gavernmentsl_aubdvision -Feld-County, Colorado. .. _ _ _ ,. --- of the. -- ..fanAwdt....... -'- _. msg4State of Colorado,of the semnd part: -- ------ - - - WtThP 9ETH,That the said party of the first part,for ad in coaehkratioo of the sum STATE OR COLORADO,Ea of Five-Hundred-.. . .._. .........DOLLARS Scan m reamf to the aid pure.y. _of the first pert in hand paid by the and party.. .... the second This Warranty Deed win filed for record atl,Z...oeloek.'—..M., .MAR.le _,1024 part,the receipt whew' hemb➢cadesd and aamon`.edged,hn...s..rented,Iwgained,sold and -C. E. Newton _ conveyed,and by throe presents do a:junt.elaeoin.sell,convey and confirm unto the said --- Recants. Part Y-of the second part, .its ad segos forever,all the following described By---H...G..._Greble Depot,. hC ear parcel- of land,situate,lying and Ming in the. _ _^w - Camay of Weld and Stared Colorado,to-wit: Lots Twenty-Six, Twenty-Seven, 'twenty-Eight, Twenty-Nine (es, 27, 20, 29), Block Five (5), in the Town of Kersey{ Aass"s.`_0' -I TOGETHER with all and singular the heMitamenm and appurtaaama thereunto belonging,or in anywise apperumiag,and the reversion and reversions,remainder end remainders,rents,bass and profits thereof;and all the estate,right,title,Interest,maim and demand whatsoever of the aid party of the flint part,either in law or equity,d,in and to the above bargained premises,with the hereditament'and appurtenance TO HAVE AND TO HOLD the.said.premiers above bargained and described,with the appurtenances,unto....._..........---_ ...: the mid part.y_._of the second part,.its_91naeasarskhtend assigns forever. And theavl_ --- Aaron Anderson, _ __ .. _ _. .__part&-.of the&et pre,foe - his_..... . .... heirs,executors mdadmiaistraten,do-es covenant,grant,bargain and agree to sad with the said party__or the snood prt its..etieC ' � e®ga,that at the timed the ea,esliog and dellvery of thee,presets he is well sired of the premises above conveyed,n of good,ate,perfect,absolute and IDdefeeable date of inheritaoa,in law,in fee simple,and ha.9 god right,foil power and lawful authority to pmt,bargain, sell and convoy the rune in mane end form aforesaid,and that the mine are free and dear hem all former and other grants,bargains,sake,liens.taus,anOISMmm and tumuvbranm el whatever kind or nature soave: sad the above'remained prmiee,,in the quiet and permhleposaseon of the said party .. oftbe swod pare.its au^ces e� a care, Slim s0 and every person or persom lawfully claiming or to claim the whole or theme.an➢put theme.the rid per _y._ .d shall and will WARRANT AND FOREVER D DEFEND. IN WITNES WHEREOF,The said party of the Sort met ha.n,hereunto set bits..... .. hands•ad amh_the day end year first above written. Aaron.AndEl'aOn i84'ALl Signed,Sealed and Delivered,n Pface of I - Prem.. — _... ........ ...... __. ...... (BEAU ..._ 17 ..._... .—__ (SEAL) _.➢! R Keller fn. fitter - _..l _.._ _.. .-- (SB,iL� STATE OF COLORADO, ..".-_Comver or_YIELD. fse. f Olax.P_..-APPlf. _. a Notary Public in and for._.. .mid -- _..Comity,in the State aforesaid,do hereby certify that AerGr.Anderson ho is pamndly known - to me to be the perm ._whose creme te.....mbserlbed to the. A.1111381045 Deed appeered before ma this day n Wass and aioowleyed that .ha —Sped,sealed and delivered the said instrument of waiting an..his. _free and voluntary act f"tie•use and Purposes therein net forth.--_......._. '. Given under my hand andNCtaflsLal,thi.tolrttmth.day_-of..Ural._........._._.A.D.1924__ y e' My eommaon expire, October..17._1927 • a,. ._._. ... Clay_a. Apple Notary Public. Ii �jyj ... ...... r ... f(s_..._ 1 ILO 11111 DIE IIII 111111 IIII 1111111 111 VIII IIII IIII 3742153 12/30/2010 03:52P Weld County, CO 7 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "C" BK-1458/PG-283 +. fit t#iayr. n PD'}r� .FvPT4:1;C 1; ..h . . rx .it a ..'8L�sr..a..-�... ..� ,v "-:, ` f ;¢ ah"�'= :.L if 'i Y -"%-r T 1 e f:°,'.,r r .`.'" Ybj W ,9ypy'p Y . 6 C ) . X, t • r ak fit . , 4 umadonUr,tflltsartli.TL Sy II matt IL,It , j: ARK of o siR cr csuRay Peig Wad COriaki.Cate.= • ..yy - C h-7 ey e _r'2 5 ... illy y 16400 9&l t-91 128115th TREASURER'S DEED from .. Qhaaos_Q...31a- ill_.. Coemy Tr�aswrrr. To TIM County of Weld, Colorado STATE OF COLORADO. CJUNTT or Way i°' I hereby certify that this Seed was Orel fur record in my office at 9 .1. o&dock tam, _ AUG 21.:.2.5;...... .. w. and o dull recorded in Boot ' ? ' n .r.__.............ft .. - Recorder. rely£/. Deftly. Fee,.$-:f5/-- Cent.Na u,. Book No TAR SALE RECORD Wks Recorded Return to 111111111111111111 111111111111111111111 111 11111 IIII IIII 3742153 12/30/2010 03:52P Weld County, CO 8 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a diY BK-1458/PG-282 He UM a • Is St Si Ii Int intstits. !hots rams.w ihassil Uuabmi pd rewV. robs saws n +U.(Haab... Tana.Md1ws'F• Kea T.+1171 Lots WS W�_r WS SOt�t S Lae!din Sweet Late ft laws Lot.i.23.to�n.a us hotted Co Hat 32.Rs**, ia'iwdat.s .efts hpe oiOrad by Jabs Oran • • ointanM in the County o1 Weld sad Stan of CeMMy a rabject be tenths br the year Meisel A.D,1951- j' AND WHEREAS.the tans assessed tops add p.perty he the yam t_.yeaal aforesaid tended doe and 11? unpaid et the dare of the sale oesioafter ad; AND WHEREAS.the Mather al 1k mid Canty thouldwornethythrostimmethelforIortheeitemeeprepenty i§{ that decembnt me w itekee-the- _ Iilwag4ina.iwpArD ._ _ •• t. • aei hairs ,Head time be 41 .dd,an :he 9th day of SMGsdtm'.................,AD,tietit..by thaw ell do trrboe ty vested I. bias y do..at an adjoined-ale.the the begun and pd,Gdy held es the__IS&_thy of..._P geleta e........ ..A.D.,19.52.tint to public-air at the tBce of the Eyesore..be the Canty.(amid be wthantol conformity with dm require- memo of the statute it sub vac wade and provided the rd promo, shot described for the paym W ent the , imerit alai this then the and nwaig scald ea said property; :AND WHEREAS.at the ale a held as alareraid by the Tress,, s hide were offered or mark by any , It Om or mama for the mi,:property and no promo or person:thing cdered to pay the said taxes,interest and costs npoo the said poverty for tint year feathers and the aid taw hiving parsed slob real proprny over for the time,dd reoFe it at the begi es*of the sale the sat day( ' ' ,• •4 and the Treasurer haring teethe subbed that no sale el said teoierty mold be bed,l:,'seiste,the raid pteperly was.by the then Tesurer of the said Coosy,surds ef n the said Cathy,a.dsatt&xes.of sale Sa+(were)dely timed thereto. to the said Caaoty be accordance with the statute it such a wade and provided. AND WHEREAS the said fmgen]ea fate (were severalty)sessed for that year(os.y.ani at a sum d. Iee.flare)than one hundred d.trs: AND WHEREAS the ad Csuy bra held said Cvsdbntea el ask for thee )tars or more and the aid prcµstiata`(have)as bee.redeemed therefrom as provided by law. AND WHEREAS the Board of Cooney C.,svla,seers of said Comity Us rade application(or a era deed; AND WHEREAS al the provisions et the statute prescribing pruegobe hes to obtaining tax deeds have beta fully complied with,and as now et rend and Beds the t of the Canby Treasurer of said Caney; NOW THEREFORE. L .S219R1L ga<..BSID 1g'1. Treasure of the County aforesaid.and by virtu of the;tote i.writ®e nude and provided,be..grand,barphesd sad sold and by these punts du grant, bargus gad sell the ab.e tie seer;(descried Rd eat a to the said Corby of Weld, forever,subject to aH rivhta of redenptioa by moors.mane perm or idiom provided by be.. IN WITNESS WHEREOF, I. _Sbarlep 0, igrsiel ____a Trenmer as aforesaid,by sirtee'.Mfib. anthurrity dorsah:,that heat=set my hand end,d tit: of a A.114 208, 217. 2214 233 Treasn of Weld Caa.ey C 'r o Certifnate Na _.._____..Bub Nt....At..Ts Sale Record b toe Year of Sale_3952....S.D.76..-1174a— .•'�•l: 11111111111nU111111IIII �1 IIIIIIIIIIIII 3742153 12/30/2010 03:52P Weld ounty, cO 9 of 9 R 0.00• D 0.00 Steve Moreno Clerk& Recorder 426 BARGAIN AND SALE DEED (Statutory form - §38-30-113 and §38-30-115, C.R.S.) The County of Weld,a body politic and corporate of the State of Colorado,by and through the Board of County Commissioners of the County of Weld, whose legal address is 915 10th Street, Greeley, Colorado 80631,for the consideration of ONE THOUSAND DOLLARS ($1,000.00),in hand paid, hereby sells and conveys to the Town of Kersey,a municipal corporation in the State of Colorado,by and through the Mayor and Board of Trustees of the Town of Kersey, whose address is 332 3`d Street, Kersey, Colorado 80644, the following real property in the County of Weld and State of Colorado, to wit:. The real property described and shown in the attached Exhibit"A" with all its appurtenances. Signed this 13th day of December, 2010. COUNTY OF WELD, a body corporate and politic of the STATE OF COLORADO, by Vda� and through the BOARD OF COUNTY l COMMISSIONERS OF THE COUNTY OF ATTEST: /��j �' WELD Deput Clerk to the Board 1%6 °It u ALAr- ��. Douglas ademach r, Chairman °C U DEC 1 3 2010 a, STATE OF COLORADO ) 0 = ) SS. aCounty of Weld County ) - m The forgoing instrument was acknowledged before me this 13rhday of December,2010,by o Douglas Rademacher, Chairman, Board of County Commissioners of the County of Weld, a body c corporate and politic of the State of Colorado. N o ?O�p�Y'.... e I Witness my hand and official seal. 1 -NN y 1 TONYA / 1 DISNEY •' —-ter IJ". O. 1 re My commission ex ires: 0F CO---- MY COMM. EXP. 10-07 2014 DSOa9e_5- EXHIBIT A Lots Twenty-five, Twenty-six, Twenty-seven, Twenty-eight, and Twenty-nine (25, 26, 27, 28, and 29), Block Five (5), in the Town of Kersey, County of Weld, State of Colorado. 111111111111111111 ���� 1111111IIII111111III ICIER 3744426 01/11/2011 11:57A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1O RECEIPT DATE ia-/if-/1 NO. 8 5 6 9 6 2 e 75 RECEIVED FROM �dz�ht al �j 0 o o ADDRESS c w Lo - hot co clic° ,n d .t- '/%ao $ / tro c... o o ° o a FOR /�u L,�44, (14t003,4 a51. - 4U5) a � ma s) t.4) a (') HOW PAID Q y/_ CASH 4f-3&Wk6 O ..4-it r CHECK . �e® - #� % 000 — BY � J \7 f S MONEY ORDER Hello