HomeMy WebLinkAboutRes1967-657
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RESOLUTION NO. 657
BE IT RESOLVED that Resolution No. 549 which was passed and approved
by the City Council of The City of Seward on the 1st day of August,
1966, and which authorized the sale of Lots 21 and 22 in Block l6
of the Original Townsite of The City of Seward to Bill Lantz a.k.a.
W. J. Lantz and Donna B. Lantz, and subsequent amendatory motions
which were passed and approved by the City Council on the 19th day
of December 1966 and on the 7th day of August, 1967, be and are hereby
modified by this Resolution, by the Deed of Trust dated the 19th day
of September, 1967 and by the Addendum dated the 24th day of Sep-
tember, 1967, which are attached hereto and made a part hereof the
same as if set forth in full herein, and approval of said Deed of
Trust and Addendum is hereby confirmed and granted.
This Resolution shall be effective on t~date
approval. Passed and approved this if day
of passage and
of October, 1967.
Attest:
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R. w. 'rkpa rick
Mayor
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Beatrice E. Watts
city Clerk-Treasurer
ADDENDr~j TO DEED OF TRUST
BOOK 44R PAGE 302
Seward Recordin~ District
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BILL LANTZ. aka >-;. J. LANTZ, and DOII'NA B. ~ \~~~A
as trustor, that certain Deed of Tru.t of thel~&
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Serial !'10.
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~~z di~ execut~,
intereat in and to the below .4escd,bed real propertYt
l.ot. Twent,y-one {:n) and Twenty-two (22). ltoUl
in Block sixteen (16) of the Original town.ite
of the City of Seward, according to the offlcial
ttlAp and plat thereof on tile with the Deputy
Magiatrate and Ex-officio Recorder at Seward.
Al..ka. Seward Recordiag Preeinct. Ala.kat
in which Deed of Tru.t the CITY OF SEWARD ia Beneficiary, and
WHEAhAS. the aaid Deed of Truat and the Pr~.aory Hote
referred to therein requires certain payment. by the trustor on
the first anniversary date and on subsequent anniver.ary datea
l.mt1l the entire purchase price plus intereat shall have been
p~id in full: and
,yHi,J....E;.AS. it is in the mutual interest of the parti.s
that any I.Hlc~rtainty regard:l.flg date" of payment be eliminated
a,lo. the peU t.ies &91'ee that execut.ion of that certain Deed of Trust
recorded in 130'.)]... 44 of Reco1.d", PagE' 280 in the ;Jew.rd Recording
Precinct occuteo w..-l1 8ui:..:"itequent t;o die consUll\ation of the Agreement,
N(:M'. THEREFORE,.lt .is It\utuaU}' agreed that for the pur-
poa. of construction of the D.H~d of Trust and promis.ory lIlote al)o.e
described that the teorm "the fiJ:'st anniversary date- as used therein
fo1eana "April 2b, 1'J(',8~, anc the t.rm "each anniversary date there-
after" Illeans tHe eame day i'lnd wont.n of each year thereafter until
the entire purch.,.e price plus intereat ahall have been paid in full.
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Signed at Seward, ,>>.188k.l'I this .:.:..2 day ')f Septembe;, 1967.
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Kester L. ott..City i;;'nagtH.-
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Beatrioe t!:. Watts, City Clet'k-
'treasurer
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W:~\..-.L-u.U.: j'~
Donna B. Lantz
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SEWARD
Serial No. 67-164.
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.tau of Al..ka, ....lIOMlly a.,..red W. tI. r..u .... 81 IrI a.
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DEED OF TRUST \j(; V ~'v
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THIS DEED OF TRUST is executed by BILL LANTZ, aka ~~
W. J. LANTZ, and DONNA B. LANTZ, husband and wife, of
SEWARD, ALASKA
, hereinafter called the
trustor, without reference to numbers or gender, to TRANS-
AMERICA TITLE INSURANCE COMPANY OF ALASKA, hereinafter called
the trustee, in favor of CITY OF SEWARD, ALASKA, a municipal
corporation, hereinafter called the beneficiary.
Trustor irrevocably grants, transfers and assigns to
trustee in trust with power of sale, the following described
real property:
Lots Twenty-one (21) and Twenty-two (22), both
in Block Sixteen (16) of the Original Townsite
of the City of Seward, according to the official
map and plat thereof on file with the Deputy
Magistrate and ex-officio Recorder at Seward,
Alaska, Seward Recording Precinct, Alaska:
TOGETHER WITH the rents, issues and profits, subject,
however, to the right, power and authority hereinafter given to
and conferred upon the beneficiary to collect and apply such
rents, ~ssues and profits.
This Deed of Trust is given for the purpose of securing
payment of a Promissory Note of even date, in the principal sum
of Twelve Thousand Six Hundred Dollars ($12,600.00), payable
as follows: the sum of $10.00 upon the execution of the said
note, with the balance of $12,590.00 payable in installments
or in lump sum on or before the first anniversary date of this
agreement in the amount of $3,590.00, and the amount of $3,600.00
to be paid in the same manner on or before each anniversary
date thereafter until the entire purchase price plus interest
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on the remaining balance at the rate of five percent (5%) per v~\~
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agreement, covenant and condition of trustor herein contained. ~~ y
A. TO PROTECT THE SECURITY OF THIS DEED OP TRUS'l'. ~
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Sewald Recordins District
annum shall have been paid in full: and performance of each
TRUSTOR AGREES:
l. To keep said property in good condition
and repairr not to remove or demolish the existing building
thereon and to complete or restore promptly and in good and
workmanlike manner any building which may be conetructed,
damaged or destroyed thereon and to pay when due all claims
for labor performed and materials furnished thereforl to
comply with all laws affecting said property or requiring
any alterations or improvements to be made thereonl not to
commit or permit waste thereof: not to commit, suffer or per-
mit any act upon said property in violation of lawl to culti-
vate, irrigate, fertilize, fumigate, prune and to do all other
acts which from the character or use of said property may be
reasonably necessary, the specific enumerations herein not
excluding the general.
2. To appear in and defend any action or
proceeding purporting to affect the security hereof or the
rights or powers of beneficiary, or trustee: and to pay all
costs and expenses including cost of evidence of title and
attorney's fees in a reasonable sum, in any such action or
proceeding in which beneficiary or trustee may appear, and in
any suit brought by beneficiary to foreclose this Deed.
3. To pay: at least ten days before delinq-
uency, all taxes and assessments affecting said property:
when due, all incumbrances, charges and liens, with interest,
on said property or any part thereof, which appear to be prior
or superior hereto: all costs, fees and expenses of this trust.
4. To pay immediately and without demand all
sums expended by beneficiary or trustee pursuant to the pro-
visions hereof, with interest from date of expenditure at
B percentper annum.
5. Buyer agrees to carry adequate liability
insurance on said property and to save the City of Seward
harmless from any and all claims or actions for liability
which may arise or initiate from said property.
6. Should trustor fail to make any payment
or to do any act as herein provided, then beneficiary or
trustee, but without obligation so to do and without notice
to or demand upon trustor and wihbout releasing trustor
from any obligation hereof, maYl make or do the same in such
manner and to such extent as either may deem necessary to
protect the security hereof, beneficiary or trustee being
authorized to enter upon said property for such purposes:
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7. 'Trustor agrees to seasonably pay~~l
taxes and assessments which may be hereafter imposeimMpon
said premises, and to keep the improvements th8r~0 ',ured
against loss by fire in a reliable insurance com in
the sum of $ 4,000.00 with loss payablo
beneficiary and trustor, as their interests appear.
B.
IT IS MUTUALLY AGREED THAT:
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1. Any award or damages in connection with
any condemnation for public use of or injury to said property
or any part thereof, is hereby assigned and shall be paid to
beneficiary who may apply or release such monies received by
him in the same manner and with the same effect as above pro-
vided for disposition of proceeds of fire or other ~surance.
2. By accepting payment of any sum ~cured
hereby after its due date, beneficiary does not waive his
right either to require prompt payment when due of all
other sums so secured or to declare default for failure so
to pay.
3. At any time or from time to time, without
liability therefor and without notice, upon written request
of beneficiary and presentation of this Deed and said note
for endorsement, and without affecting the personal liability
of any person for payment of the indebtedness secured thereby,
trustee may, reconvey all or any part of said property: con-
sent to the making of any map or plat thereof: join in grant-
ing any easement thereon~ or join in any extension agreement
or any agreement subordinating the lien or charge h~f,
except that the ttustee shall not grant, or join in~ting,
any easement without the trustors written approval.~
4. Upon written request of benefic~ stat-
ing that all sums secured hereby have been paid, an~upon
surrender of this Deed and said note to trustee for cancell-
ation and retention and upon payment of its fees, t~tee shall
reconvey, without warranty, the property then held QAieunder.
The recitals in any reconveyance executed under th~ed of
Trust of any matters or facts shall be conclusive ~f of
the trut;hfulness thereof. The grantee in such recORWvanoe
may be described as "the person or persons legally tft'itled
thereto.. ~
5. As additional security, trustor ~ebY
gives to and confers upon beneficiary the right, ~ and
authority, during the continuance of these trusts, ~collect
the rents, issues and profits of said property, re.~inq unto
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trustor the right, prior to any default by. trustor in payment
of any indebtedness secured hereby or in performance of any
agreement hereunder, to collect and retain such rents, issues
and profits as they become due and payable. Upon any such
default beneficiary may at any time without notice, either
in person, by agent, or by a receiver to be appointed ;y the
court, and without regard to the adequacy of any se..-ity
for the indebtedness hereby secured, enter upon and tale
possession of real property or any part thereof, in~ own
name sue for or otherwise collect such rents, issue~d
profits, including those past due and unpaid, and a~ the
same, less costs and expenses of operation and coll~on,
including reasonable attorney's fees, upon any indebtedness
secured hereby, and in such order as beneficiary mayJdetermine.
The entering upon and taking possession of said property, the
collection of such rents, issues and profits and the-applica-
tion thereof as aforesaid, shall not cure or waive ~y default
or notice of default hereunder or invalidate any act done
pursuant to such notice.
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6. Upon default by trustor in payment of any
indebtedness secured hereby or in performance of any agreement
hereunder, all sums secured hereby shall immediately become
due and payable at the option of the beneficiary. In the
event of default, beneficiary shall execute or cause the trustee
to execute a written notice of such default and of his election
to cause to be sold the herein described property to satisfy
the obligation hereof, and shall cause such notice to be re-
corded in the office of the recorder of each recording pre-
cinct wherein said real property or some part thereof is
situated.
Notice of sale having been given as then required
by law and not less than the time then required by law having
elapsed after recordation of such notice of default, trustee,
without demand on trustor, shall sell said property at the
time and place of sale fixed by it in said notice o~!ale,
either as a whole or in separate parcels and in suc~der as
it may determine, at public auction to the highest :best
bidder for cash in lawful money of the United state~aYable
at time of sale. Trustee may postpone sale of said~perty
by public announcement at the time fixed by the pre.-aing
postponement. Trustee shall deliver to the purchaser ~ts
deed conveying the property so sold, but without an~venant
or warranty, express or implied. The recitals in suchldeed
of any matters or facts shall be conclusive proof o~,e truth-
fulness thereof. Any person, including trustor, tr~e, or
beneficiary, as hereunder defined, may purchase at ~ sale.
After deducting all costs, fees and expenses of
trustee and of this trust, including cost of evidenciLof title
and reasonable counsel fees in connection with sale~ustee
shall apply the proceeds of sale to payment of: all~8
expended under the terms hereof, not then repaid wi~ccrued
interest at 8 percent per annum: all other sums the- --cured
hereby: and the remainder, if any, to the person or~sons
legally entitled hereto.
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BOOK V- ~,< PAGF. ~ <) ~ ^
Seward Recordin,; DIatriGt' ( \
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benefit of, and7bin~:i:l~e;=r~~~~i~:r:~~,i~~~~: ~~i~:7 C~ /~~)
legatees, devisees, administrators, executors, successors ",.0 ~\)'/ \
and assigns. The term Beneficiary shall mean the holder and ~~ j
owner, including pledgee, of the note secured.hereby, whether ~~J
or not named as a beneficiary herein, or, if the note has ~~
been pledged, the pledgee thereof. In this Deed, whenever
the context so requires, the masculine gender includes the
feminine and/or neuter, and the singular number includes the
plural.
8. Trustee accepts this trust when this Deed,
duly executed and acknowledged, is made a public record as
provided by law. Trustee is not obligated to notify any
party hereto of pending sale under any other Deed of Trust
or of any action or proceeding in which trustor, beneficiary,
or trustee shall be a party unless brought by trustee.
9. Beneficiary may, from time to time, as
provided by statute, appoint another trustee in place and
stead of trustee herein named, and thereupon, the trustee
herein named shall be discharged and trustee so appointed
shall be substituted as trustee hereunder with the same effect
as if originally named trustee herein, and trustee named shall
notify trustor within thirty (30) days of any such change.
10. If two or more persons be designated as
trustee herein, any, or all, powers granted herein to trustee
may be exercised by any of such persons, if the other person
or persons is unable, for any reason, to act, and any recital
of such inability in any instrument executed by any of such
persons shall be conclusive against trustor, his heirs and
assigns.
c.
any Notice of
mailed to him
The undersigned trustor requests that a copy of
Default and of any Notice of Sale hereunder be
at his address hereinafter set forth:
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DATED at
this ,~t( day
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BOOK 1/ t/,;( PAO~~! ~ 5
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STATE OF ALASKA )
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~hitd JUDICIAL DISTRICT )
THIS 'IS TO CERTIFY that on this 190.. day of J.ffi ...1.
1967, before me, the undersigned. Notary Public in and f7:Tt.h.
state ~f Alaska, pe~onally appeared ~ i. ~~
and ....B..~ .8 ~ ~ , known(7to meaJ(d to me known
to be the individuals nAmed in and who executed the foregoing
instrument, and they acknowledged to me that they signed and
sealed the same as their voluntary act and deed for the uses
and purposes therein mentioned.
IN WITNESS WHEREOF I have hereunto set my hand and
~,' ,.-ffieial seal the day and year last above in this certificate
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My commission eXPires:.JyIr~ 1~.117'
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