HomeMy WebLinkAboutResolutions - 1974.10.03 - 10456Miscellaneous Resolution 6852 October 3, 1974
BUILDINGS & GROUNDS COMMITTEE
r
Patrick M. Nowa7,- Chairman
BY: BUILDINGS & GROUNDS COMMITTEE - Patrick M. Nowak, Chairman
IN RE: SALE OF COUNTY OWNED LAND
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS the County of Oakland has advertised for sealed bids for the sale of
County-owned land, in accordance with Rule X. Section A, 2; and
WHEREAS one bid has been received for the sale of County-owned land described
as follows:
East 42 feet of Lot 8, Block 1, Nutes Addition, Village of Milford,
Part of the SW 1/4 of Section 11, Milford Township, T2N, R7E, as
recorded in Liber 2 of Plats, Page 30, County of Oakland;
and
WHEREAS your Committee recommends that said County land as described heretofore
be sold to the bidder, Jane S. Vowell, 202 Oakland Street, Milford, Michigan and that
the consideration of the sale of said County property is a land contract in the form attached
hereto of $900.00, with $500,00 down and the balance of $400,00 to be paid with interest at
the rate of 8-1/2% per annum in one (1) year hereof in monthly installments of $34.89;
NOW THEREFORE BE IT RESOLVED that the County of Oakland hereby approves the
sale of County-owned land as herein described to Jane S. Vowell, 202 Oakland Street, Milford,
Michigan 48042 on a land contract in the form and conditions as attached hereto;
BE IT FURTHER RESOLVED that the Chairman of the Board be and is hereby authorized
to execute said land contract on behalf of the County of Oakland.
The Buildings & Grounds Committee, by Patrick M. Nowak, Chairman, moves the
adoption of the foregoing resolution,
1'9647W-rad URTON wAllr AMY
lilttOFF 111
ABSTRACT & TITLE COMP III
WITH ALTERNATE TAX AND INSURANCE PROVISIONS
FORM 1155 1,7,7.n 5C.R4
Terms, of
Payment
Seller's
Doty to
Convey
To furnish
Title •
Evidence
Purchaser's
Dolt's
To Pay Taxes
and keep
Premises
insured
Alternate
Payment
Method
insert amount,
if advance
monthly
installment
method
of taxes and
insurance is
to he adapted .
Aceeplance
01 Title and
Prom;ses
(s 34.89 DOLLARS
17th day of each month,
Parties
MytoCrattrart, Made this 17th day of October. 74
between COUNTY OF OAKLAND, a Michigan Constitutional Corporation,
hereinafter referred to as the "Seller,"
whose address is 1200 North Telegraph Road, Pontiac, Michigan, 48053
and JANZ S. VOWELL
hereinafter referred to as the "Purchaser,"
whose address is 202 Oakland St., Milford, Michigan, 48042
11 : ilynexamtly:
Description
of Promises
1. THE SELLER AGREES AS FOLLOWS: Township
(a) To sell and convey to the Purchaser land in 010:2% of Milford
Oakland County, Michigan, described as:
East 42 feet of Lot 8, Block 1, Nutes Addition, Village of Milford,
Part of the SW1/4 of Section 11, Milford Township, T2N 5 R7E, as
recorded in Liber 2 of Plats, Page 30.
together with all tenements, hereditamente, improvements and appurtenances, including all lighting fixtures, plumbing fixtures,
shades, Venetian blinds, curtain rods, storm windows, storm doors. screens, awnings, if any, and
• new on the premises,
and subject to all applicable building and use restrictions, arid easements, if any, affecting the premises.
(b) That the consideration for the sale of the above described premises to the Purchaser is:
-(5 900.00 ) DOLLARS,
ofwhichthemmiof FiVe. Hundx(i_and 00/100 ---------------- (s aomo ) DOLLARS,
has heretofore been paid to the Seller, the receipt of which is hereby acknowledged, and the 'balance of
• F_our_,Rundrad and.00/100 ($ 400_.00 ) DOLLARS,
is to be paid to the Seller, with interest on any part thereof at any time unpaid at the rate of c'nRlf 8 %)
per'cent. per annum while the Purchaser is not in default, and at the rate of eight EnT,-- ( 8 l'2` % ) per cent,
per annum when and as often as the Purchaser is in default. This balance of purchase rriBen'ey mid interest shall be paid
in monthly installments of
Thirty Four_and 8_9/100
each, or more al Purchaser's option, on the
beginning.• . November 17 , 19 7.4__; said payments to be applied
first upon interest and the balance on principal; PROVIDED, the entire purchase money and interest shall be fully paid within
011e (1) yeart from the date hereof, anything 'herein to the contrary notwithstanding.
(c) Upon receiving payment in 'full of all sums owing herein, less the amount then due on any existing mortgage or
mortgages, and the surrender of the duplicate of this contract, to execute and deliver to the Purchaser or the Purchaser's
assigns, a good and sufficient Warranty Deed conveying title to said land, subject to aforesaid restrictions and easements
and subject to any then existing mortgage or mortgages, and free from all other encumbrances, except such ae may be herein
set forth, and except such encumbrances as shall have accrued or attached since the date hereof through the acts or omis-
sions of persons other than the Seller dr his assigns.
(d) To deliver te the Purchaser as evidence of title, at the Seller's option, either a Policy of Title Insurance or
Abstract of Title, the effective date of the policy or certificetion date of Abstract to be approximately the date of this con-
tract, and issued by the Buteree - AFiSTRACT ANT) TITLE COMPANY of Detroit_ The Seiler shall have the right to retain posses-
sion of this evidence of title during the life of this contract and upon demand, shall lend it to Purchaser upon the plede
big of a reasonable security. •
2. THE PURCHASER AGREES AS FOLLOWS:
(a) To purchase said land end pay the Seiler the sum aforesaid, with the interest thereon as above provided.
(b) To use, maintain and occupy said premises in accordance with any and all restrictions thereon.
(c) To keep the premises in accordance with all police, sanitary and other regulations imposed by any governmental
authority.
(d) To pay all taxes and assessments hereafter levied on said premises before any penalty for non-payment attaches
thereto, and submit receipts to Seller upon request, as evidence of payment thereof; also at al/ times to keep the buildings
now or hereafter on the premises insured against lees and damage, in manner and to an amount approved by the Seller, and
to deliver the policies 113 issued to the Seller with the premiums fully paid,
If the amount of the estimated monthly cost of Taxes, Assessments and Insurance is inserted in the following Para-
graph 2 (0), then the method of the payment of these items as therein intimnted shall be adopted, If this amount is riot
inserted, then Paragraph 2 (4!) shall be of no effect and the method of payment provided in the preceding Paragraph 2(d)
shall be efiective,
(e) To pay monthly in addition to the monthly payments herein before stipulated, the sum uf.
DOLLAJM, whirls is an estimate of the monthly cost of the taxes,
assessments and insurance premiums for said premises, which shall he credited by the Seller on the unpaid principal balance
due on the contract. If the Purchaser is not in default under the terms of this contract, the Seller shall pay for the Purchaser's
account, the taxes, assessments and insurance premiums mentioned in Paragreph 2 td) above when due and before any
penalty attaches, and submit receipts therefor to the Purchaser upon demand. The amounts so paid shall be added to the
principal balance of this contract_ The amount of the estimated monthly payment, under this paragraph, may be adjusted
from time to time so that the amount received shall approximate the total sum required annually for taxes, assessments and
insurance. This adjustment shall be made on demand of either of the parties and any deficiencies shall be paid by the
Purchaser upon the Seller's demand.
a Title Insurance Policy dated October 7, 1974" () That he has examined Ouee6le111MtKateffigeCk'WralleriteW
covering the above described premises, and is satisfied with the marketability of the title shown thereby, and has examined
the above described premises and is satisfied with the physical condition of any structures thereon.
Signectin, the presence of:
Rota M. Erickson
TiiII
aernadine_TwAi'ög
Jack C. Hay.
BY:
Richard R. Wilcox, Chairman
:Fenn.
Mainb,ranov
at. Pretni.,aa
ffefort4a& by
Seller
Encinnbrnecr,,s
on Seller's
is
/W-n-prry-rner,t
of Taxes or
rt-Slit/inceE,
by Pm-at:age?'
Fa7ses.qnn
Rightto
Forfeit
Acceleration
Chime
Notice to
Ftrrchillor
Additional
Clausea
(g) T. keep and maintain the premises and the buildings thereon in as good condition as they are at the date hereof
and not to eel-emit waste, remove or demolish any improvements thereon, or otherwise dirninish the value of the Seller's
security, without the written consent of the Seller.
3, THE SELLER AND PURCHASER MUTUALLY AGREE AS FOLLOWS:
(a) That the Seller may, at any time during the continuance of this contract encumber said land by mortgage or mort-
gages to secnre not more than the unpaid balance of this centract at the time such mortgage or mortgages are executed.
Such mortgage or mortgages shall be payable in not less than three (3) years from date —of execution thereof and shall pro-
vide for payment of principal and interest in Monthly installments which do not exceed such installments provided for in
this contract; or on such other terms as may be agreed upon by the Seiler and Purchaser, and shall be a first lien upon
the land seperier to the rights of the Purrhaser herein; provided notice of the execution of seid mortgage or mortgages
containing the name and address of the mortgagee or his agent, the amount of such mortgage or mortgages, the rate
of intel-est and maturity of the principal end interest shall be sent to the Purchaser by registered mail promptly after
execution thel eef, Purehaser will, on densand, execute anY instruments demanded by the Seller, necessary or requisite
to seberdinete the rights of the Pureheser hereunder to the lien of any such mortgage or mortgages. In event said Purchaser
shall refuse to execute any instruments demanded by said Seller and shall refuse to accept such registered mail hereinbefore
provided, or said registered rnail shall be returned uncleimed, then the Seller may post such notice in two conspicuous places
on said premises, end open melting Rih,dRvit duly sworn to of such posting, this proceeding shall operate the same as if said
Purchaser fled consented to the execution of said mortgage or mortgages, and Purchaser's rights shall be subordinate to said
mortgage or mortgages as hereinbefore provided. The consent obtained, or subordination as otherwise herein provided, under
or by virtue of the foregoing power, shell extend to any end all renewals or extensions or amendments of said mortgage or
mortgages, after Seller has given notice to the Purchaser as above provided for giving notice of the execution of said mortgege
or mortgages,
(Iii) That if the Seller's interest be that of land contract, or now or hereafter be encumbered by mortgage, the Seller
shall meet the paymeets of principal and interest thereon as they mature and produce evidence thereof to the Purchaser on
demand, and in default of the Seller said Purchaser may pay the same. Such payments by Purchaser shall be credited on
the sums matured or first maturing hereon, with interest at seven per cent, per annum on payments so made. If proceedings
are commenced to recover possession or to enforce the payment of such contract or mortgage because of the Seller's default,
the Purchaser may at any time thereafter, while such proceedings are pending, encumber said land by mortgage, securing such
sum as can be obtained, upon such terms as may be required, and with the proceeds pay and discharge such mortgage, or
purchase money lien. Any mortgage so given shall be a first lien upon the land superior to the rights of the Seller therein,
and thereafter the Pusehaser shall pay the principal and interest on such mortgage so given as they mature, which payments
shall he credited on the sums matured or first maturing hereon. When the sum owing hereon is reduced to the amount
owing upon such contract or mortgage or owing on any mortgage executed under either of the powers in this contract con-
tained, a conveyance shall be made in the form above provided containing a covenant by the grantee to assume and agree
to pay the some,
(c) That if default is made by the Purchaser in the payment of any taxes, assessments or insurance premiums, or in
the payment of the sums provided for in Paragraph 2 (0), or in the delivery of any policy as hereinbefore provided, the
Seller may pay such taxes or premiums or procure such insurance and pay the premium or premiums thereon, and any sum
or sums so paid shall be a further lien on the land and premises, payable by the Purchaser to the Seller forthwith with
interest at the rate applicable during Purchaser's default as, set forth in Paragraph 1 (b) hereof.
(d) No assignment or conveyante by the Purchaser shall create any liability whatsoever against the Seller until a dup-
licate thereof, duly witnessed and acknowledged, together with the residence address of such assignee, shall be delivered to
the Seller, Purchaser's liebility hereunder shall not be released or affected in any way by delivery of such asSignment, or
by Seller's endorsement of receipt and/or acceptance thereon..
(e) The Purchaser shall have the right to possession of the premises from and after the date hereof, unless otherwise
herein provided, end be entitled to retain possession thereOf only so long as there is rio default on his part in carrying out
the terms and conditions hereof. In the event the premises hereinabove described are vacant or unimproved, the Purchaser
shall be deemed to be in constructive possession only, which possessory right shall cease and terminate after service of a
notice of forfeiture of this contract. Erection of signs by Purchaser on vacant or unimproved property shall not constitute
actual possession by him.
(1) If the Purchaser shall fail to perform this contract or any part thereof, the Seller immediately after such default
shall have the right to declare the same forfeited and void, and retain whatever may have been paid hereon, and all improve-
ments that may have been made upon the premises, together with additions and accretions thereto, and consider and treat
the Purchaser as his tenant holding over without permission and may take immediate possession of the premises, and the
Purchaser and each and every other occupant remove and pot, out. In all cases where a notice of forfeiture is relied upon
by the Seller to terminate rights hereunder, service of such .notice shall be preceded by a notice of intent to forfeit the
contract., served at least ten days prior thereto,
(g) If default is made by the Purchaser and such default continues for a period of forty-five days or more, and the
Seller desires to foreclose thus contract in equity, then the Seller shall have at his option the right to declare the entire unpaid
balance hereunder to be due and payable forthwith, notwithstanding anything herein contained to the 'contrary.
(11) The wife of the Seller, for a valuable consideration,: joins herein and agrees to join in the execution of the deed
to be made in fulfillment hereof,
(1) Time shall be deemed to be of the essence of this contract.
(i) The individual parties hereto represent themselves to be of full age, and the corporate parties hereto represent
themselves to be valid existing corporations with their charters in full force and effect.
(k) Any declarations, notices or papers necessary or proper to terminate, accelerate or enforce this contract shall be
presumed conclusively to have been served upon the Purchaser if such instrument is .enclosed in an envelope with postage
fully prepaid, if said envelope is addressed to the Purchaser at the address set forth in the heading of this contract or at
the latest other address which may have been specified by the Purchaser and receipted for in writing by the Seller, and if
said envelope is deposited in a -United States Post Office Box.
(1)
The pronouns and relative words herein used are written in the masculine and singular only. If more than one join in
the execution hereof as Seller or Purchaser, or either be of the feminine sex or a corporation, such words shall be read as if
written in plural, feminine or neuter, respectively. The covenants herein shell bind the heirs, devisees, legatees, assigns and
successors of the respective parties.
Eta Wittlre Ittlwrieolf, the parties hereto have executed this contract in duplicate the day and year first above
written.
COUNTY OF OAKLAND, a Michigan
Constitutional Corporation,
My commission expires 9/18/78
PRINCIPAL BALANCE OF
PAYMENTS PRINCIPAL
INTEREST
PAYMENTS
Rate 8 %- ta' 2 /c,
PAYING
INTEREST TO DATE SIGNATURE
Use this
Aohnowledg
moot Form
for
Induals
STATE OF MICHIGAN
Couwry OF _ _Gaki and_
On this 1.71-11 day of__ aell.112fi_in the year One Thousand Nine Hundred___SVnt../72g0Ur
before me, the subscriber, a Notary Public in and for said County, appeared_
Jane S. Vawell
to me known to be the person__ described in and who executed the foregoing instrument and respectively acknowledged the
execution thereof to be _ _____ free act and deed, and who have sworn that they are over 21';ears of age.
/7
SS.
„Iack C. Hays Not Public,
, Oakland County, Michigan
Use this
Acknosviedg_
mont Form
for
Corporations
STATE OF MICHIGAN
COUNTY OF Oakland
On this 12.tb.. _ day of Pqber in the year One Thousand Nine Hundred_ .elliqn_:t.r.-T_our__
before me, the subscriber, a Notary Public in and for said County, personally appeared
Richard R. Wilcox_
and_ __ _ , to me personally known, who being by me duly sworn did say that they are
I SS.
the Chairman and of the County of Oaklpaid
, and that the seal affixed to said instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of said corporation, by authority of its board of directors, and
Richard R. Wilcox and
acknowledged said instrument to be the free act and deed of said corporation.
4 A
- Bernadine Twarog iiir y
9/19/76 Oakland .unty, Michigan My Commission expires
Drafted by: Jack C. Hays Business address: 1200 N. Telegraph Road
Pontiac, Michigan 48053
PAYMENT SCHEDULE
PAYABLE AT Oakland County Reimbursement Division 1200 N. Telegraph Road _
Pontiac, Michigan 48053 Unless notified by Seller in writing to the contrary.
(156n1n11.
400
P01:17.n
00
Separate payment schedules will be furnished upon request by the BURTON ABSTRACT AND MIX CO.
UPTON
ABSTRACT & TITLE COMPANY URTON
ABSTRACT & TITLE COMPANY
DETROIT AREA OFFICES
WAYNE COUNTY
350 Congress St., East
DETROIT 48226
Phone 964-5000
(Area Code 313)
DOWNTOWN
751 Griswold St.
DETROIT 48226
Phone 964-5000
(Area Code 313)
DEARBORN
23520 Michigan Ave,
DEARBORN, MICH, 48128
Phone 562-71317
(Area Code 313)
EAST SIDE
10440 Whittier Ave.
DETROIT 48224
Phone 527-7323
(Area Code 313)
WEST SIDE
19260 Grand River
DETROIT 48223
Phone 537,4900
(Area Code 313)
MICHIGAN REGIONAL OFFICES
CALHOUN COUNTY
151/2 Capital Avenue, N.E.
BATTLE CREEK, MICHIGAN 49014
Phone 965-2313 (Area Code 636)
GENESEE COUNTY
1221 Beach Street
FLINT, MICHIGAN 48503
Phone 239-4646 (Area Code 313)
KENT COUNTY
One, The Trust Bldg.
GRAND RAPMS, Mien oaArt 49502
Phone 451-2591 (Area Code 616)
MACOMB COUNTY
118 Cass Avenue
MT. CLEMENS, MICHIGAN 48043
Phone 463-8623 (Area Code 313)
8242 East 12 Mile
WARREN, MICHIGAN 45093
Phone 757-1640 (Area Code 313)
SAGINAW COUNTY
406 First Savings SE Loan Bldg.
SAGINAW, MICHIGAN 48607
Phone 755-7704 (Area Code 517)
CHEBOYGAN COUNTY
318 Main Street
CHEBOYGAN, MICHIGAN 49721
Phone 627,•7181 (Area Code 616)
INGHAM COUNTY
Suite 5A Southland Complex
633 E. Jolly Road, LANSING, MICH. 48910
Phone 393-8000 (Area Code 517)
LAPEER COUNTY
279 North Court
LAPEER, MICHIGAN 48446
Phone 664-8547 (Area Code 313)
MUSKEGON COUNTY
1042 Terrace Street
MUSKEGON, MICHIGAN 49443
Phone 722-1121 (Area Code 616)
WASHTENAW COUNTY
116 North Fourth Avenue
ANN ARBOR, MICHIGAN 48108
Phone 663-9395 (Area Code 313)
CLINTON COUNTY
119 N. Clinton Street
Sr. JOHNS, MICHIGAN 48879
Phone 224-3294 (Area Code.517)
JACKSON COUNTY
414 South Jackson Street
JACKSON, MICHIGAN 4920.1 Phone 789-6113 (Area Code 517)
LENAWEE COUNTY
118 West Maple Avenue
ADRIAN, MICHIGAN 49221
Phone 265-6104 (Area Code 313)
OAKLAND COUNTY
1550 North Woodward Avenue
BIRMINGHAM, MICHIGAN 48011
Phone 647-2100 (Area Code 311)
4626 W. Walton Blvd.
DRAYTON PLAINS, MICHIGAN 48020
Phone 6744147 (Area Code 313)
FORM OF r.tfad
WITH ALTERNATE TAX AND INSURANCE
PROVISIONS
TO
CITY OF DETROIT TAXES become a lien
on July 15th and are payable from that date
to August 3 lst without penalty. This tax
may be paid in two parts, without interest,
if one-half is paid on or before August 15th,
and the second half poid on or before Janu-
ary 15th. The fiscal tax year is July let to
June 30th.
WAYNE COUNTY TAXES .bdcorne a lien
on December let and are payable from that
date to January 15th without penalty. The
fiscal tax year is December ist to November
30th,
THE
ALTERNATE TAX AND INSURANCE
PAYMENT METHOD
A choice of methods for payment of
taxes and insurance is provided by this
contract.
FIRST METHOD--Direct payment by
Purchaser
If the purchaser is to pay taxes and
insurance, the blank space in Paragraph
2 (e) should be left blank,
SECOND METHOD—Installment Pay-
ment to Seller
If the purchaser is to pay taxes and
insurance to the Seller in installments, the
estimated monthly installment Should be
entered on the blank space in Pa.,e 8,..ph
2 (e).
Accounting; Such installments should
be included with principal payments and
deducted from the unpaid principal when
paid. When the Seller pays taxes or insur-
ance, the amount paid should be added to
the unpaid principal, end a note of the item
paid should be made in the margin.
If this Second Method is used, it may
be desirable for the Purchaser, at the time
of closing, to advance enough money for
taxes and insurance, so that said advance-
ment pins installments to become due will
be sufficient to cover the first year's taxes
and insurance.
TITLE INSURANCE
ABSTRACTS
ESCROWS
WITh ALTERNATE TAX AND INSURANCE PROVISIONS
ABSTRACT a 'NILE ComRART FORW 1 155O-7,750,1
,
ff( (2cio-5 d UKON
Thizty _F_Qur_ and 8_9110_0 ---
each, or more at Purchaser's option, on the
34.89 ) DoLLARs
day of each month,
Seller's
Duty to
C011 Vey
To furnish
Title
Evidence
Purchaser's
Duties
To Pay Taxes
and keep
Premises
insured
Alternate .
Payment
Method
Insert amount,
if advance
• monthly
;7751.01ment
method
• of taxes and
instrrence is
to b,o adapted
Acceptance
of Title 4u0
Pien'tiaes
Description
0/ Premises
Milts Tontrurt, Made this day of September 74
between COUNTY OF OAKLAND, a Michigan Constitutional Corporation s _
— — — -- - --hereinafter referred to as the "Seller,"
whose address is 1200 North Telegraph Road, Pontiac, Michigan 48053 _ n
and a ________
__hereinafter referred to as the "Purchaser,"
whose address is— 202 Oakland St., Milford, Michigan„48042
Mitursvrtli:
1. THE SELLER AGREES AS FOLLOWS: XatraltIC
Township
(a) To sell and convey to the Purchaser land in thelggS, of Milford
Oakland _County, Michigan, described eV__
Eqat 42 feet of _ Lot 8_, Block 1, Nutes Additioillage of Milford,_
Part of the SW1/4 of Section 11 Milford Townshis,_72N_,_R7E„._
recorded in Liber 2 of Plats...„. PAge
Parties
Terms of
l'ayrne•nt
—
together with all tenements, hereditarrients, improvements and appurtenances, including all lighting fixtures, plumbing fixtures,
shades, Venetian blinds, curtain rods, storm windows, storm doors, screens, awnings, if any, and__
on the premises,
and subject to all applicable building and use restrictions, and easements, if any, affecting the premises.
(b) That the consideration for the sale of the above described premises to the Purchaser is:
Dowelts,
of which the sum of___EiV_e_111/Illir.e.d_arld, 0.0i100_ .(s_ 500 DOLLARS,
has heretofore been paid to the Seller, the receipt of which is hereby acknowledged, and the balance of_
and 00/100 ______ ) DoLLARs,
is to be paid to the Seller, with interest on any part thereof at any time unpaid at the rate of ei,ght onEa—il 8 1/2 %)
per cent, per annum while the Purchaser is not in default, and at the rate of ejaglieteRtlIze(_1/2.7a) per cent_
per annum when and as often as the Purchaser is in default This balance of purchase inaorety and interest shall be paid
in monthly installments of
begirminge_ /9.../4._; said payments to be applied
first upon interest and the balance on principal: PROVIAZD, the entire purchase money and interest shall be fully paid within
one (i) yeart from the date hereof, anything herein to the contrary notwithstanding.
(c) Upon receiving payment in 'fullof all sums owing herein, less the amount then due on any existing mortgage or
mortgages, and the surrender of the duplicate of this contract, to execute and deliver to the Purchaser or the Purchaser's
assigns, a good and sufficient Warranty Deed conveying title to said land, subject to aforesaid restrictions and easements
and subject to any then existing mortgage or mortgages, and free from all other encumbrances, except such as may be herein
set forth, and except such encumbrances as shall have accrued or attached since the date hereof through the acts or omis-
sions of persons other than the Seller Or his assigns.
(d) To deliver to the Purchaser as evidence of title, at •the Seller's option, either a Policy of Title Insurance or
Abstract of Title, the effective date of the policy or certification date of Abstract to be approximately the date of this con-
tract, and issued by the BURTON ABSTRACT AND TITLE COMPANY of Detroit, The Seller shall have the right to retain posses-
sion of this evidence of title during the life of this contract and upon demand, shall lend it to Purchaser upon the pledg-
ing of a reasonable security.
2. THE PURCHASER AGREES AS FOLLOWS:
(a) To purchase said land and pay the Seller the sum aforesaid, with the interest thereon as above provided.
(b) To use, maintain iind occupy said premises in accordance with any and all restrictions thereon.
(c) To keep the premises in accordance with all police, sanitary end other regulations imposed by any governmental
authority.
(d) To pay all taxes and assessments hereafter levied on said premises before any penalty for non-payment attaches
thereto, and submit receipts to Seller upon request, as evidence of payment thereof ; also at all times to keep the buildings
now or hereafter on the premises insured against loss and damage, in manner and to an amount approved by the Seller, end
to deliver the policies as issued to the Seller with the premiums fully paid.
If the amount of the estimated monthly cost of Taxes, Assessments and Insurance is inserted in the following Para.•
graph 2 (e), then the method of the payment of these items as therein indicated shall be adopted. If this amount is not
inserted, then Paragraph 2(e) shall be of no effect and the method of payment provided in the preceding Paragraph 2(d)
shall be effective.
(e) To pay monthly in addition to the monthly payments herein before stipulated, the sum of___
• DoLLARs, which is en estimate of the monthly cost of the taxes,
assessments and insurance premiums for said premises, which shall be credited by the Seller on the unpaid principal balance
due on the contract. If the Purchaser is not in default under the terms of this contract, the Seller shall pay for the Purchaser's
account, the taxes, assessments and insurance premiums mentioned in Paragraph 2 (r1) above when due and before any
penalty attaches, and submit receipts therefor to the Purchaser upon demand. The amounts so paid shall be added to the
principal balance of this contract. The amount of the estimated monthly payment, under this paragraph, may be adjusted
from time to time so that the amount received shall approximate the total sum required annually for taxes, assessments and
insurance. This adjustment shall be made on demand of either of the parties and any deficiencies shall be paid by the
Purchaser upon the Seller's demand. •
(I) That he has examined _1 a Title Insurance Policy dated },
t an Abstract of Title Certified ---
covering the above described premises, P nd is satisfied with the marketability of the title shown thereby, and has elramineci
the above described premises and is satisfied with the physical condition of any structures thereon,
ox. Premises
M0 by
Seller
Enr770-1E,ances
on Seller's
Title
l'Ir,n-parment
of Taxes or
irmarence
A...s-iguraant
by POrckuSr,
P=e5.,n-don
Right to
For /elf
Acczleration
Clause.
Nodice In
Pu.schwer
Additional
Chaim?
(g) To keep end maintain the premises end the buildings thc.rcon in good condition es they are at the date hereof
and not to cornrnit waste, remove or demolish any improvements there.on, or otherwise diminish the value of the Seller's
security, without the written consent of the Seller.
3. THE SELLER AND PURCHASER MUTUALLY AGREE AS FOLLOWS:
(a) That the Seller may, at any time during the continuance of this contract encumber said land by mortgage or mart-.
gages to secure not more then the unpaid balance of this contract at the time such mortgage or mortgages are executed.
Such mortgage or mortgages shall be payable in not less than,three (3) years from date —of execution thereof and shall pro-
vide for payment of principal and interest in monthly installMents which do not exceed such installments provided for in
this contract; or on such other terms es may be agreed upon by the Seller and Purchaser, and shall be a first lien upon
the land superior to the rights of• the Purchaser herein; provided notice of the execution of said mortgage or mortgages
containing the name and address of the mortgagee or his agent, the amount of such mortgage or mortgages, the rate
of interest and maturity of the principal and interest shall be sent to the Purchaser by registered mail promptly after
execution thereof. Purchaser will, on demand, execute any instruments demanded by the Seller, necessary or requisite
to subordinate the rights of the Purchaser hereunder to the liep of any such mortgage or mortgages. In event said Purchaser
shell refuse to execute any instruments demanded by said Seller and shall refuse to accept such registered mail hereinbefore
provided, or said reg;,.;-cred mail shall be returned unclaimed, then the Seller may post such notice in two conspicuous places
on said premises, and upon making affidavit duly sworn to of such posting, this proceeding shall operate the same as if said
Purchaser had consented to the execution of said mortgage or Mortgages, and Purchaser's rights shall be subordinate to said
mortgage or mortgages as hereinbefore provided. The consent obtained, or subordination as otherwise herein provided, under
or by virtue of the foregoing power, shall extend to any and all renewals or ex-tensions or amendments of said mortgage or
mortgages, after Seller has given notice to the Purchaser as also!:,e provided for giving notice of the execution of said mortgage
Or mortgages.
(b) That if the Seller's interest be that of land contract, or now or hereafter be encumbered by mortgage, the Seller
shall meet the payments of principal and interest thereon as they mature and produce evidence thereof to the Purchaser on
demand, and in default of the Seller said Purchaser may pay the same. Such payments by Purchaser shall be credited on
the sums mntin-ed or first maturing, hereon, with interest at seven per cent, per annum an payments so made. If proceedings
are commerw.ed lo recover possession OF to enforce the payment of such contract or mortgage because of the Seller's default,
the Purchaser may at any time thereafter, while such proceedin'gs are pending, encumber said land by mortgage, securing such
sum as can be obtained, upon such terms as may be required, and with the proceeds pay and discharge such mortgage, or
purchase money lien. Any mortgage so given shall be a first lien upon the land superior to the rights of the Seller therein,
and thereafter the pu ,cheser shall pay the principal and interest on such mortgage so given as they Mature, which payments
shall be credited on the sums matured or first maturing hereon, When the sum owing hereon is reduced to the amount
owing upon such contract or mortgage or owing on any mortgage executed under either of the powers in this contract con-
tained, a conveyen ,e shall be made in the form above provided containing a covenant by the grantee to assume and agree
to pay the same.
(c) That if default is made by the Purchaser in the payment of any taxes., assessments or insurance premiums, or in
the payment of the sums provided for in Paragraph 2 (e), or in the delivery of any policy as hereinbefore provided, the
Seller may pay such taxes or premiums or procure such insurance and pay the premium or premiums thereon, and any sum
or sums so paid shall be a further lien on the land and premises, payable by the Purchaser to the Seller forthwith with
interest at the rate applicable during Purchaser's default a set forth in Paragraph I (b) hereof.
(d) No assignment or conveyance by the Purchaser shall create any liability whatsoever against the Seller until a dup-
licate thereof, duly witnessed and acknowledged, together with the residence address of such assignee, shall he delivered to
the Seller Purchaser's liability hereunder shall not be released or affected in any way by delivery of such assignment, or
by Seller's endorsement of receipt and/or acceptance thereor4
(e) The Purchaser shall have the right to possession of the premises from and after the date hereof, unless otherwise
herein provided, and be entitled to retain possession there -Of only so long as there is no default on his part in carrying out
the terms and conditions hereof. In the event the premises hereinabove described are vacant or unimproved, the Purchaser
shall be deemed to be in constructive possession only, which possessory right shall cease end terminate after service of a
notice of forfeiture of this contract. Erection of signs by Purchaser on vacant or unimproved .property shell not constitute
actual possession by him.
(f) If the Purchaser shall fail to perform this contractH or any part thereof, the Seller immediately after such default
shall have the right to declare the same forfeited and void, and retain whatever may have been paid hereon, and all improve-
ments that may have been made upon the premises, together with additions and accretions thereto, and consider and treat
the Purchaser as his tenant holding over without permission and may take immediate possession of the premises, and the
Purchaser and each and every other occupant remove and put out. In all cases where a notice of forfeiture is relied upon
by the Seller to terminate rights hereunder, service of such notice shall be preceded by a notice of intent to forfeit the contract' scored, at least tea days prior thereto. .
(g) If defnult is Irta.df7 by the Purchaser and such default continues for a period of forty-five days or more, and the
Seiler desires to foreclose this contract in equity, than the Seller shall have at his option the right to declare the entire unpaid
balance hereunder to be due and payable forthwith, notwithatanding anything herein contained to the Contrary.
(h) The wife of the Seiler, for a valuable consideration, joins herein and agrees to join in the execution of the deed
to he made in fulfillment hereof.
(i) Time shall be deemed to he of the essence of this Contract.
CO The individual parties hereto represent themselves: to be of full age, and the corporate parties hereto represent
themselves to be valid ejdsting corporations with their charters in full force and effect.
(k) Any declarations, notices or parsers necessary or proper to terminate, accelerate or enforce this contract shall be
presumed conclusively to have been served upon the Purchaser if such instrument is.enclosed in art envelope with postage
fully prepaid, if said envelope is addressed to the Purchaser! at the address set forth in the heading of this contract or at
the latest other address which may have been specified by the Purchaser end receipted for in writing by the Seller, and if
said envelope is deposited in a United States Post Office Boy.
The pronouns and relative words herein used are written in the masculine and singular only. If more than one join in
the execution hereof as Seller or Purchaser, or either be of the feminine sex or a corporation, such words shall be read as if
written in plural, feminine or neuter, respectively. The covenants hereM shall bind the heirs, devisees, legatees, assigns and
successors of the respective parties.
tEten,4 3111-irrtof, the parties hereto have executed this contract in duplicate the day and year first above
written.
Signed in ihe presema of: COUNTY OF OAKLAND, a Michigan
Constitutional Corporation,
Richard R. Wilcox, Chairman
BY:
11
Jane S. Vowell
'1
• - U5s h
merit Forrn
for
My commission expires Oakland
Notary Public,
County, Michigan
I.
On thiL_ day of seEtember .in the year One Thousand Nine Hundred_ Se:7 .1:1t..Y.7.17 °,1-ir
before me, the subscriber, a Notary Public in and for said County, appeared
to me known to be the person._ described in and who executed the foregoing instrument and respectively acknowledged the
execution thereof to be__________I__...........—free act and deed; and who have sworn that they are over 21 years of age.
STATE OF MICIEC.,AN Icotmrry oF___Oakiand__
St.
Use This
AcIcroveYedg.
moot Form
for
dorporatiorts
STATE OF MICHIGAN
1 Ss. couNTy or_ Oa1.5.1apd
On this__ ,,.., _day ef Septerbr___.in the year One Thousand Nine HundrecleiV —ECIIIII_
before me, the subscriber, a Notary Public in and for said County, personally appeared
to me personally known, who being by me duly sworn did say that they are
the ___Chairtga_n_of the Q1L__
.____ ....._ and that the seal affixed to said instrument is the corporate seat of said corporation,
and that said instrument was signed and sealed in behalf of said corporation, by authority of its board of directors, and
Richard R. Wilcox —
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public_,
My Commission expires Oakland County, Michigan
Drafted by: Jack C. Hays Business address: 1200 N. Telegraph Road
Pontiac, Michigan 48053
PAYMENT SCHEDULE
Unless notified by Seller ire writing to the contrary.
INTEREST PRINCIPAL BALANCE OF PAYING DATE PAYME.NTS PAY SIGNATLE PAYMENTS . PRINCIPAL Bats INTEREST TO
....
. %
_ Ti
-- .. .
,
J
—
—
Separate payment echeduie3 will be furnished upon i-erjus,....3-t by the BURTON ABSTRACT AZi-t3 TITLE- Co
ui 1,9(m4cact
ABSTRACT & TITLE COMPANY
DETROIT AREA OFFICES
WAYNE COUNTY
350 Congress St.; Est
DETROIT 48226
Phone 964-5000
(Area Code 313)
DOWNTOWN
751 Griswold St.
DETROIT 48226
Phone 964-5000
(Area Code 313)
DF.ARBORN
23520 Michigan Ave.
DEARBORN, 141B-2,t1, 48 128
Phone 552-7917
(Area Code 313)
EAST SIDE
0440WhittkrAv
DETROIT 48224
Phone 527-7323
(Area Code 313)
WEST SIDE
19260 Grand River
DETROIT 48223
Phone 537-1900
(Area Code 313)
MICHIGAN REGIONAL OFFICES
CALHOUN COUNTY
151/2 Capital Avenue, N.E. BATTLE CREEK, MiCIIIGAN 49014
Phone 965-2313 (Area Code 6161
GENESEE COUNTY
1221 Beach Street FLINT, MICHIGAN 48503 Phone 239-4646 (Area Code 313)
KENT COUNTY
One, The Trust Bldg,
GRAND RAPIDS, .IVIICHIGAN 49502
Phone 451-2591 (Area Code 616)
MACOMB COUNTY
188 Cass Avenue
MT. CLEMENS, MicionAN 48043
Phone 463-8623 (Area Code 313)
8242 East 12 Mile
WARREN, MICHIGAN 48093
Phone 757-1640 (Area Code 313)
SAGINAW COUNTY
406 First Savings & Loan Bldg.
SAGINAW, MICHIGAN 48607
Phone 755-7704 (Area Code 517)
CHEBOYGAN COUNTY
318 Main Street
CHEROYGAN, Mica-nom-I 49721 Phone. 627-7181 (Ares Code 616)
INGHAM COUNTY
Suite SA Southland Complex 633 E. Jolly Road. LANSING, MicH, 48910 Phonc 393-800() (Area Code 517)
LAPEER COUNTY
279 North Court LAPEER, -MICHIGAN 48446 Phone 664-8547 (Area Code 313)
MUSKEGON COUNTY
1042 Terrace Street MusKr,GoN, MICHIGAN 49443 Phone 722.1122 (Area Code 616)
WASHTENAW COUNTY
116 North Fourth Avenue ANN ARSOR, MICHIGAN 48108 Phone 663-9395 (Area Code 313)
CLINTON COUNTY
119 N. Clinton Street Sr. JOHNS, .MICHIGAN 48879 Phone 224-3294 (Area Code.517)
JACKSON COUNTY
414 South Jackson Street JACKSON, MICHIGAN 4920.1 Phone 789-6113 (Area Code 517)
LENAWEE COUNTY
118 West Maple Avenue ,ADRIAN, MICHIGAN 49221 Phone 265-6104 (Area Code 313)
OAKLAND COUNTY
1550 North Woodward Avenue. BIRMINGHAM, MICHIGAN 4801 Phone 647-2100 (Area Code 313)
4626 W. Walton Blvd, DRAYTON PLAINS, MICHIGAN 48020 Phone 674-4147 (Area Code 313)
AOSTRACT & TITLE COMPANY
FORM OF •
WITH ALTERNATE TAX AND INSURANCE
PROVISIONS
TO
CITY OF DETROIT TAXES become a lien
july 15th and me payable from that date
to :.".,ut;ust 31st without penalty, This tax
may ho paid in two parts, without interest,
ii one-half is paid on or before August 15th,
end the second half paid on or before Janu-
ary 15th. The fiscal tax year is July 1st to
June 301h.
WAYNE COUNTY TAxEs become a lien
on December let and are payable from that
date to January 25th without penalty, The
tax year is December let to November
30th.
TILE
ALTERNATE TAX AND INSURANCE
PAYMENT METHOD
A choice of methods for payment of
texas and insurance is provided by this
contract
FIRST METHOD—Direct payment by
Purchaser
If the purchaser is to pay taxes end
insurance, the blank space in Paragraph
2 (e) should be left blank.
SECOND METHOD—rinstallinene Pay-
merit to Seller
If the purchaser is to pay taxes and
insurance to the Seller in installments, the
estimated monthly installment should be
entered on the blank space in Paragraph
2 (e),
Accounting,. Such installments should
be included with principal payments and
deducted from the unpaid principal when
paid. When the Seller pays taxes or insur-
ance, the amount paid should be added to
the unpaid principal, and a note of the item
paid should be made in the margin,
If this Second Method is used, it may
be desirable for the Purchaser, at the time
of closing, to advance enough money for
taxes and insurance, so that said advance-
ment plus installments to become due will
be sufficient to cover the first year's taxes
and insurance.
TITLE INSURANCE
AOSTRACTS
ESCROWS
0852 October 3, 1974
. Moved by Nowak Supported by Kasper . the resolution be adopted,
AYES: Perinoff, Quinn, Richardson, Wilcox, Berman„Brotherton, Burley,.
Button, Coy, Dearborn,. Douglas, Dunleavy, .Gabler,Jlobart, Root', Eoughten, Kasper,
Lennon, M9ffitt, Montantei: Nowak. (21)•' . . .
NAYS: None. (0)
-A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that 1 have compared the annexed copy of
resolution #6852 adopted by the Board of Commissioners at their meeting held'
171>n-•••••••••••470.0.9 4•00 -9•01i•Cd0•030••n •nn •00.20.-7 ,06••••••3134.1,0... 6 410 0
on October 3, 1974
oe•ap.e.ep000..0**".•-"*.aae•S•••n •••17 n••••••••••••••••••••••••age.."..temp.
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof', have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
this.....
Allen g•••••••••••esope.011•0C1 erk Lynn
Clerk