Loading...
HomeMy WebLinkAboutRes1967-657 r ~} 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: ) ,/\ ~ I ' " cU I R. w. 'rkpa rick Mayor xZ-&~;~-R / F,- 7/k~ Beatrice E. Watts city Clerk-Treasurer ADDENDr~j TO DEED OF TRUST BOOK 44R PAGE 302 Seward Recordin~ District '" ',~ ~~t) BILL LANTZ. aka >-;. J. LANTZ, and DOII'NA B. ~ \~~~A as trustor, that certain Deed of Tru.t of thel~& '~ El\~IAFJ Serial !'10. f) "7 _; IL~ -_.._.- ~ --- ,,,-:m::Rl-;AS . ~~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. '" ,'" Signed at Seward, ,>>.188k.l'I this .:.:..2 day ')f Septembe;, 1967. ,.--! -'"' y""-- ,t._~~.- ,...J."_~ City " Byt of Seward ~ (;.Lf4 Kester L. ott..City i;;'nagtH.- -/f.t?d-i< (i >; / c7 rh" _ Beatrioe t!:. Watts, City Clet'k- 'treasurer ;';; W:~\..-.L-u.U.: j'~ Donna B. Lantz , ,- " Byt ..,:.1- Page 1 of 2 tee L, <,.."".'" '.."L,'-. . -If.- I , J ~ "'M.~,!~_...~fJ'f J.,-.- -~ \ . n. . ",-,.~y,....:.~ .,~ - SEWARD Serial No. 67-164. , tJ VL\ ' v '( #!: ,,> \.- .' \S, o 0,) \) ~c ' {y D ~ ~ J\) ~'V ifili. II 10 CD'ft1'Y tM~ OIl the ~ r day of '1111 i 1., --^\ 1967, before me, ~he uadere19ned JIOury IultUc i.a ... f. .... .tau of Al..ka, ....lIOMlly a.,..red W. tI. r..u .... 81 IrI a. Laata,. kDOWa \0 .. ... t:o .. k80WIl t:o be tIte iadi....taat. ~v.. ... ... ... ........ tJM for...u. iMu tAt,......., 111"-0 I rt T.... to .. U&a~ ~ .ipect aa4 MAl.. the __ .. tlMtk ~ .. aM .... ,... .... .... ... JUJI.... '11 11flda -uo... .Bft CI' ALMD ) ) ) ... 'lbird ~cial Dhuict III ...... - .lDl' I ..... .......U .. ., ... .. ollHial Hal tM .., ... par 1..~ _.. ia "'1. oenu".... wd...... ~~;tf111~- JIO~ ..u.. ia ... .... ltate of Ala.ka. M.r ~clni.aion ~... '/12/1".. ''fAR or A.l.ASD ) ) ... ~ ~icl.1 Di.uio~ ) '11I%' II 'fO CD'llrY tIla~ oa .. 22114 clay.' .....-"-u, 1"', H'''.'', the \lD4eZ'.i91\e4 1Iotu'y P\dalio 1a ... IN .... .tau ot Alallka, pu'IJOAally .ppe..... UI'l'D L. ...,or. a ... ..ftle& B. WAftS, Ci~y JIana9." ad ci~ Cl...k-ft..av.na ., ... eit.y 0' 8evu-4, re.peeU..ely, known ~o .. and t:o .. '"-r_ .. _ the lftdi..i..1a n..ed 1n .nd wIlo executed the fo..~ 1.....- _t.. and they ackAowle4c.Jed to .. tha~ they a1pe4 ... ....... the __ .. their vol_t.ry act and deed 101: the .... IUI4 JlU'..... the...i. _nU..... U WI...... --... I ha..e IMnut.o ..t IIY luuMt aM ofl1oial Hal the day aDd ye... lut .... in tl\U ..rtif1eau _i~"'. cl}~~ R~~ JIOt:uy J81io 1a ad fee .... state of .u..k.. _ Q h.i.. axplnNI '/1J/1t10. .... 2 of 2 t". ~ BOOr+/P/{ PAGE_~~ ' ~~~ ~ 7./ -:3 f/ Z Seward Recording Gi\tllct \--\}/\ VL~ \i \y, :~ \'1 ( DEED OF TRUST \j(; V ~'v ~t~ ,;J'l\ 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 - 1 - " ~~, f\: >.-\. ,...,'.,.... ~:.'"-'-.'~_..-:..~-_"'___,____._,.___~__".,._~__~__.:.-".<...;:..,'--~;;.;"<. h_ ".,;,~,. "!:~>~~.!,,.. ~h " . t:,;.. -'" . ~ " /'""" ~ ,v. .~i""'-"";"""".?r.ll-~'~iI; ~.t'~~., ~""J14.; <c. :~.;S;? .,,;~ - ~ \ >--.^ on the remaining balance at the rate of five percent (5%) per v~\~ l;tt~?J ~li~~' agreement, covenant and condition of trustor herein contained. ~~ y A. TO PROTECT THE SECURITY OF THIS DEED OP TRUS'l'. ~ BOQJ{ (/ V' If "AGE ;l.f I 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: - 2 - . ~ ~ '~.....~......-, ",~."..,~-.....~. .. ,..~~"...t;r: 'D' '.. , '~r1;~'< . . .:.' . ~ . '. .,. ,,~b 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: .J 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 - - 3 - , " '......' ~, E ....."" ''''....'''/-~''-,' ."."...-.' " *,"'..J ,..',' . .~ . '~. . ", r;ii~1;:~ '>o;':"';'~" ". , . ,',:e.r,:i~>,' ", '~l;t~~~"':";~~'~""!'~',1''ft,l'-'.f.,~;j:,~''" ...-;~,i';;'-' '~~l~14 r""""M ....'.."".."'. 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. BOOr.- 1/// !( ~AGE~3 ~din~ Distrlot ~,Ir- ,,,",,,, ~ ~. '\-\ \' "\ 'v',\ ~~~ \,1 ~ -\'J , , .~ 'f/~~ .,~ \,. .:J ~-"",,J )\~ 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. I. - 4 - Il'~' "~."',,,,"'t," '~7-~'~': ~. ". ~ .. ,..... ",.., ,t ;,~...... ...... " r I I ! BOOK V- ~,< PAGF. ~ <) ~ ^ Seward Recordin,; DIatriGt' ( \ V"/' l \r't ~~ \). 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: - 5 - .... <1"-.'1 ~ DATED at this ,~t( day ~wRL.P , ' " of fir,rE,;/3e'Jf BOOK 1/ t/,;( PAO~~! ~ 5 Seward ReclOl'CIm. ~-, A /\ v / 'V );,"0 S Alaska, \t- G !\1J J ) \J- ""\ \~ 19'''' [\)(\0 , ~ ,.!l,L. v \\y~~'V ' . \ /(1- . fJ. ~ Y. w.,-.J. Jl~M-L6. ~ I' <I., -, pt": r;,r- I~Y ..~ 11 ,.# r;/' \ V ~ ' . f(l)Y .w ~( v )-t \lrl ..;/\ 'I u ~ STATE OF ALASKA ) ) sSG ~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 . ....I".~;~.."....~~ "'~;('(- ~ U ' L -. "'" ;1'" ,'~" ",.:~'~ .......: /~ :I,,.'~ '. 'i:.t" ^v"",~..... ....... '.,..,. :.f,L... ...; , .. ........ .. . ..-.;r ":" ..i.,,"-I ,"" .'OT :"""I#"...~ ~ ~ql'J. #"\0' r t...... ,l ~~.; . PU~~ \1" : i. : r.;:tI" :/.\V~:,';: = '"<":. ~.. ~.,4) v :.::; . , ....;,'."\',~>\"l)-". -.- ..~l " I '., ,.. '" 'r".,,, OF ........MO. ;t- , ,,", '.. ,</-,. -.. !1~ ~ ~ ,_~ :-"'..y~ ,..... i!~'-"""'" if,"., <'\.. ", .. .'t . ;.;~"" ...")- '-'" .,., """ Tr~ "'Cf1IfutU\\--' .~...:"':.. ., "...r. ~..., . 1~ ~~ /~"" Nota Public in and for the state of Alaska. . , I' My commission eXPires:.JyIr~ 1~.117' --- RECORDED. --. - _. . ~EC. OIST OAT~ -/ R~~:~ 19~ /4ddre.. - 6 - '. ~ ,1'''','''-:-;' _".. ' .i(,~