HomeMy WebLinkAbout871119.tiff VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
August 7 , 1987
1 . The undersigned hereby acknpwledges having received
,,3�from ka. L. /y): //e..e the sum of /2D. oo , in the form of
certified funds , to be by Weld County, in trust account, as
earnest money and part payment for the following described real
estate in the Town of Kersey, County of Weld, Colorado, to wit:
Lot 49 , Block 14 , Clark and Hills Addition, Town of
Kersey
together with all easements and right-of-way appurtenant
thereto, hereinafter called the property.
2 . The undersigned person (s) ,hke j , and V;nk C. /29:&e.
hereinafter called Purchaser, hereby agrees to buy the Property,
and the Board of County Commissioners of Weld County,
hereinafter called Seller, hereby agrees to sell the Property
upon the terms and conditions stated herein.
3 . TDe purchase price shall be U.S . /0200. 00 , payable as
follows: 7420.0a which is a portion of sales price and hereby
receipted for and the remainder to be paid in cash or certified
funds at the time of closing.
4 . Price to include vacant land only.
5 . Cost of any appraisal for loan purposes to be obtained
after this date shall be paid by Purchaser.
6 . Seller to provide warranty deed only. Title insurance
not to be provided by Seller.
7 . The date of closing shall be the date for delivery of
deed as provided in paragraph 8 . The hour and place of closing
shall be as designated by Seller.
8 . Title shall be merchantable in Seller, except as stated
in this paragraph and in paragraphs 9 and 10 . Subject to
payment or tender as above provided and compliance by Purchaser
with the other terms and provisions hereof, Seller shall execute
and deliver a good and sufficient general warranty deed to
Purchaser upon receipt of final payment or, by mutual agreement,
at an earlier date , conveying the Property free and clear of all
taxes , and free and clear of all liens for special improvements
installed as of the date of Purchaser' s signature hereon,
( r 871119
,
whether assessed or not; free and clear of all liens and
encumbrances, and except the recorded and/or apparent easements
and subject to building and zoning regulations.
9 . Except as stated in paragraphs 8 and 10 , if title is
not merchantable and written notice of defect(s) is given by
Purchaser or Purchaser' s agent to Seller or Seller' s agent on or
before date of closing, Seller shall use reasonable effort to
correct said defect(s) prior to date of closing. If Seller is
unable to correct said defect(s) on or before date of closing,
at Seller' s option and upon written notice to Purchaser or
Purchaser' s agent on or before date of closing, the date of
closing shall be extended thirty days for the purpose of
correcting said defect(s) . Except as stated in paragraph 10 , if
title is not rendered merchantable as provided in this paragraph
9 , at Purchaser' s option, this contract shall be void and of no
effect and each party hereto shall be released from all
obligations hereunder and all payments and things of value
received hereunder shall be returned to Purchaser.
10 . Any encumbrance required to be paid may be paid at the
time of settlement from the proceeds of this transaction or from
any other source. Provided, however, at the option of either
party, if the total indebtedness secured by liens on the
Property exceeds the purchase price, this contract shall be void
and of no effect and each party hereto shall be released from
all obligations hereunder and all payments and things of value
received hereunder shall be returned to Purchaser.
11 . Possession of the Property shall be delivered to
Purchaser on closing date.
12 . In the event the Property is substantially damaged by
flood or other casualty between the date of this contract and
the date of delivery of deed, Purchaser may elect to terminate
this contract; in which case all payments and things of value
received hereunder shall be returned to Purchaser.
13. Time is of the essence hereof. If any note or check
moneyhereunderother payment :lime
received as earnest t=--.-...L. Or an_y
hereunder is not paid, honored or tendered when due, or if any
other obligation hereunder is not performed as herein provided,
there shall be the following remedies:
(a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect
to treat this contract as terminated, in which case all
payments and things of value received hereunder shall be
returned to Purchaser and Purchaser may recover such
damages as may be proper, or (2) Purchaser may elect to
treat this contract as being in full force and effect and
Purchaser shall have the right to an action for specific
performance or damages , or both.
8 x'1.119
(b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect
to treat this contract as terminated, in which case all
payments and things of value received hereunder shall be
forfeited and retained on behalf of Seller and Seller may
recover such damages as may be property, or (2) Seller may
elect to treat this contract as being in full force and
effect and Seller shall have the right to an action for
specific performance or damages , or both.
(c) Anything to the contrary herein notwithstanding,
in the event of any litigation arising out of this
contract, the court may award to the prevailing party all
reasonable cost and expense, including attorneys ' fees.
14 . If this proposal is accepted by Purchaser in writing
and Seller receives notice of such acceptance on or before
August 19 , 1987 , this instrument shall become a contract between
Seller and Purchaser and shall inure to the benefit of the
heirs, successors and assigns of such parties.
SELLER:
BOARD OF COUNTY COMMISSIONERS
ATTEST: 7)221(4441‘7&4444‘) WELD COUNT O O
Weld County Clerk and Recorder BY:
and Clerk to the B d(/ /�/` 915 10th Stre
�j�-y�c.o , itu�c 9 Greeley, CO 0631
eputy County erk
/1119
(The following section to be completed by Purchaser)
15 . Purchaser accepts the above proposal this 7 day
of August, A.D. , 1987 .
PURCHASER:
.rk G. /VS/7)
(Address) /y
//- h�'� S-71:- e,PSe'/� (,e .
ki
SUBSCRIBED AND SWORN to before me this 7th day of
WITNESS my hand and official seal.
(Notary‘ublic)
My commission expires:
V2bc/v 03 S , /990
r it..19
B 1168 REC 021J1-917 08/26/87 15: 53 5^ 00 1/001
F 0306 MARY ANi ?EUERSTEIN CLERK & RECORDE. WELD CO, CO
THIS DEED, Made this 21st day of August ,1987 ,
between County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,
atia: Cconstyxfc xaarctmtlttext
€auglclt5,of the first part,and Jake L. Miller and Vicki E. Miller, as joint tenants
whose legal address is 115 4th Street, Kersey, Colorado
of the County of Weld and state of Colorado
Colorado,of the second part,
WITNESSETH,That the said party of the first part,for and in consideration of the sum of Twelve
Hundred and NO/100 DOLLARS,
to the said party of the first part in hand paid by the said parties of the second part,the receipt whereof
is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents does remise,release,sell,convey and QUIT CLAIM unto the said parties of the second part,their heirs,
successors and assigns,forever,all the right,title,interest,claim and demand which the said party of the first part
has in and to the following described lot or parcel of land situate,lying and being in the County
of Weld and State of Colorado,to wit:
Mt At/Lot 49, Block 14, Clarkyand Hill$ 2nd Addition to the Town of Kersey,
Colorado, recorded in the Office of the Weld County Clerk and Recorder
on February 6, 1906, at Reception Number 108092, and found in said
office in Map File Number 140.
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate,right,title,interest and claim whatsoever,of the
said party of the first part,either in law or equity,to the only propn use,benefit and behoof of the said parties of
the second part,theitleirs and assigns forever.
IN WITNESS WHEREOF,The said party of the first part has hereunto set its hand
and seal the day and year first above written. County of Weld, State of Colorado,
ATTEST: by and through the Board of [SEAL]
x&ignatda a&dcndcdcxhivcsctirxbtce>3rxiectckakc• County Commissioners of Weld
Weld County Clerk and Recorder County [SEAL]
and Clerk to the oa
/ [SEAL]
By: or on E. Lacy, rman
Deputy Co ty Cler [SEAL]
STATE OF COLORADO,
ss.
County of
The foregoing instrument was acknowledged before me this /S day of
19 5/f',by'
My comm1ssion expires ,19 .Witness my hand and official seal.
My Commission Expires June 8, 1990
41-1112,4
Notary Public.
t371119
No.933.QUITCLAIM MED.—Bradford Publishing Co.,1824.46 Stout Street.Den•wr,Colorado(673-6011)-9/77 PURPORTED COPY
0c J�-f�-P'..'h
The printed portion of this form appeased h, the
Colorado Real Estate Commission ISS-60-7-711
STATEME dT OF SETII,EMENT
SELLER'S ® PURCDASER'S D
PROPERTY ADDRESS N/A -
Count of Weld , State of Colorado PURCHASER Jake and Vicki Miller
SELLER y
August 21, 1987 DATE OF PRORATION N/A
SETTLEMENT TLESIEA'T DATE. ket� ` of
LEGAL DESCRIPTION: Lot 49, Block 14, Clark, and Hilly. 2nd Addition to the Town of
Kersey, Colorado Debit Credit
120000
1. Selling Price 120 00
2. Deposit; paid to -
3. Trust Deed,payable to
4. Trust Deed, payable to
5. Trust Deed,payoff to
6. Interest on Loan Assumed
7. Title Ins.Premium None
8. Abstracting: Before Sale
9. After Sale
10. Title Exam. by
11. Recording: Warranty Deed
12. Trust Deed
13. Release
14. Other Seller exempt by Section 30-1-103_CRS
15. Documentary Fee Seller exempt by Section 39-13-102, CRS
16. Certificate of Taxes Due None
17. Taxes for Pt aceding Year(s)
18. Taxes for Current Year
19. Tax Reserve
20. Special Taxes —
21. Personal Property Taxes
22. Hazard Ins.Prem. Assumed—Policy No. Co.
$ Yr.Term Expires
Premium$ Days Unused at 0 per day
23. Premium for New Insurance
24. Hazard Ins. Reserve
25. FHA Mortgage Ins.Assumed
26. FHA Mortgage Ins.Reserve —.
27. Loan Service Fee (Buyer) --
23. Loan Discount Fee (Seller)
29. Interest on New Loan
30. Survey and/or Credit Report -.
31. Appraisal Fee —
32. Water and/or Sewer
33. Rents
34. Security Deposits
35. Loan Transfer Fee
36. Loan Payment Due -
37. Broker's Fee
Sub-Totals 120 00 1200 00
Balance due to/em Seller 1080 00
1.3a:1nxrcaxIx r:halifiacantuver
TOTALS 1200 00 1200 00
The above figures do not include sales or use taxes on personal property
APPROVED and ACCEPTED
County of Weld, State of Colorado,
• by and through the Board of County Broker
Pui X IVSeller C 'on f We n
nuanxx gSeller • By-
Gor on . L cy, airman 871119
-- mEmORAnDUn'
a. ,
WI`P€ To Board Dee August 12 , 1987
COLORADO From Don Warden, Director of Finance & Administration
Subject: Sale of County Property - Wednesday, August 1
The property for sale on Wednesday, August 12 , 1987 , was tax
deeded to Weld County. It has outstanding liens totalling
$1 , 183 . 67 to the Town of Kersey.
If the amount of the bid is over $1 ,183 .67 , I recommend accepting
the bid to put it back on the tax rolls.
It is 25 ' wide and is of no use to anyone but an adjacent property
owner.
cc: Bette Rhoden
871119
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