HomeMy WebLinkAboutResolutions - 1971.11.18 - 16236November 18, 1971
RESOLUTION NO. 5869
RE: AUTHORITY TO EXERCISE OPTION (KENNETT ROAD PROPERTY)
BY: PLANNING AND BUILDING COMMITTEE - Mr. Harriscm
TO: OAKLAND COUNTY BOARD OF COMMISSIONERS
MR. CHAIRMAN, LADIES AND GENTLEMEN:
WHEREAS, the County of Oakland has offered for sale, in
accordance with the Oakland County Board of Commissioners Rules for
Organization and Procedure, a certain parcel of land located on
Kennett Road in Pontiac. Michigan, containing 17.39 Acres more or
less; and
WHEREAS, the County of Oakland has received an Option to
Purchase from Super Construction, Inc., the consideration for said
Option being Six Hundred Ninety ($690.00) Dollars and the total
purchase price for the 17.39 Acres being Sixty-nine Thousand
($69,000.00) Dollars; and
WHEREAS, the Option runs to August 18, 1972; and
WHEREAS, the Planning and Building Committee recommends
that the County of Oakland accept and execute said Option;
NOW THEREFORE BE IT RESOLVED that the County of Oakland,
in consideration of the sum of Six Hundred Ninety ($690.00) Dollars,
accepts the Option to Purchase Real Property on Land Contract from
the Super Construction, Inc. for the following described premises:
Part of the South one-half of Section 18, Town 3
North, Range 10 East, City of Pontiac, Michigan,
described as beginning at the South one-quarter
corner of Section 18, thence South 86 degrees 39
minutes 00 seconds West, 484.36 feet; thence North
01 degrees 34 minutes 50 seconds West, 399.71 feet;
thence North 87 degrees 49 minutes 10 seconds East,
98 feet; thence North 01 degrees 46 minutes 10 seconds
West, 729.85 feet; thence South 84 degrees 58 minutes
00 seconds East, 522.24 feet; thence South 83 degrees
44 minutes 20 seconds East 133.99 feet; thence South
06 degrees 15 minutes 40 seconds West, 191.87 feet;
thence South 01 degrees 44 minutes 40 seconds East,
846.46 feet; thence South 88 degrees 15 minutes 20
seconds West, 239.38 feet to point of beginning.
Reserving an easement over the North 33 feet for Kennett
Road. Said parcel contains 17.39 acres more or less."
BE IT FURTHER RESOLVED that the Chairman and Clerk of this
Board be and the same are hereby authorized to execute the Option
on behalf of the County of Oakland in the form as attached hereto
and made a part hereof.
The Planning and Building Committee, by Charlie J. Harrison,
Jr., Chairman, moves the adoption of the foregoing resolution.
PLANNING & BUILDING COMMITTEE
OPTION TO PURCHASE REAL PROPERTY ON LAND CONTRACT
In consideration of the sum of Six Hundred Ninety Dollars
($690) (sometimes hereinafter called the 'Consideration"), paid by
SUPER CONSTRUCTION, INC., a Michigan corporation (hereinafter referred
to as the "Purchaser"), whose address is 17515 West Nine Mile Road,
Southfield, Michigan, to the undersigned COUNTY OF OAKLAND, a
Michigan constitutional corporation (hereinafter referred to as the
"Seller') whose address is 1200 North Telegraph Road, Pontiac,
Michigan, the receipt of which is hereby acknowledged by the Seller,
the Seller does hereby grant to Purchaser an option to purchase the
premises situated in the City of Pontiac, County of Oakland, and
State of Michigan, described as follows:
Part of the South one-half of Section 18, Town 3
North, Range 10 East, City of Pontiac, Michigan,
.described as beginning at the South one-quarter
corner of Section 18, thence South 86 degrees 39 minutes
00 seconds West, 484.36 feet; thence North 01 degrees
34 minutes 50 seconds West, 399.71 feet; thence
North 87 degrees 49 minutes 10 seconds East, 98 feet;
:thence North 01 degrees 46 minutes 10 seconds West,
729.85 feet; thence South 84 degrees 58 minutes 00 seconds
East, 522.24 feet; thence South 83 degrees 44 minutes
20 seconds East 133.99 feet; thence South 06 degrees
15 minutes 40 seconds West, 191.87 feet; • thence
South 01 degrees 44 minutes 40 seconds East, 846.46
feet; thence South 88 degrees 15 minutes 20 seconds
West, 239.38 feet to point of beginning. REserying
an easement over the North 33 feet for Kennett Road.
Said parcel contains 17.39 acres more or less.
(sometimes hereinafter referred to as the 'Subject Property") together
with all and singular the improvements, tenements, hereditaments,
and appurtenances thereunto belonging or in anywise appertaining,
for the aggregate sum of Sixty Nine Thousand Dollars ($69,000),
upon and subject to the following conditions:
Section 1. Time for Exercise of Option. This option is exercisable
by the Purchaser at any time prior to 11:59 P.M. on
, 19_
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Section 2. Method of Exercise of Option to Purchase. If Purchaser
elects to exercise this option to purchase the Subject Property, he
shall, before expiration. of the time for exercise of this option,
serve written notice of his exercise of the option upon the Seller.
Said notice shall be signed by the Purchaser.
Section 3. Survey, Evidence of Title and Closing. Purchaser may,
at his own expense, either before or after exercise of this option,
obtain a survey of the Subject Property, prepared by a Civil
Engineer or surveyor, which survey, if made, shall show the boundaries
of the Subject Property, the quantity of acres contained in the
Subject Property, and whether there are any encroachments on the
Subject Property-. If such survey is made, the survey description -
shall be used in the commitment for the policy of title insurance,
and in the policy of title insurance, and in the land contract,
and in the Warranty Deed to Purchaser.
Sellers represent and warrant that good fee simple
unencumbered marketable title to the Subject Property is vested
solely in Seller. As soon as possible, but in any event within thirty
(30) days after Purchaser serves notice of the exercise of this option,
the Seller shall, at its own expense, deliver to the Purchaser a
commitment for a policy of title insurance (hereinafter called 'Title
Commitment), issued by a Title Company, bearing date later than the
date of exercise of this option, and in an amount not less than the
total purchase price, and naming solely the Purchaser as the party
to be insured, and showing that good fee simple unencumbered marketable
title to the Subject Property is vested in Seller exclusively, subject
only to the interest of Purchaser. Sellers shall, at their own
expense, do whatever is necessary to procure such a title commitment.
If the title commitment discloses that good fee simple unencumbered
- marketable title to the Subject Property is vested in Sellers
exclusively, the sale shall be consummated within thirty (30) days
after receipt by Purchaser of the aforementioned title coitment
as above provided. If there are any defects, etc., in title, or the
title commitment does not fully comply with the above requirements,
Purchaser at his option shall have the right, but is not required, to
consummate the sale notwithstanding such defect, etc.
The Closing shall take place at a place mutually convenient
to the parties.
Section 4, Consummation of Sale on Land Contract The sale shall .
be consummated on land contract. It shall be consummated by a down
payment by Purchaser of a sum equal to twenty per cent (20%) of the
purchase price, in cash, or cashier's check, or certified check
(Purchaser shall receive credit against the purchase price and down
payment for the full amount of the Consideration) , and the execution
of a land contract upon the form hereto annexed as Exhibit
acknowledging payment of that sum, and. calling for the payment of
the balance of the purchase price in one (1) year from the date of
the contract, together with interest on the unpaid principal balance
at the rate of seven per cent (7%) per annum, which interest shall
be paid at the same time as and in addition to said principal payments;
and the land contract shall require the Purchaser to pay all real
property taxes and assessments levied on the Subject Property after
the execution of the land contract. The land contract shall permit
Purchaser to prepay the balance at any time owing thereunder, in .
whole or in part, without penalty, or premium, or restriction.
Section. 5.- •Taxes and Prorated Items. All assessments (general and
special, ordinary and extraordinary) which have become alien upon
_
the Subject Property at the date of closing, whether or not such
assessments are then past due or are payable thereafter, or which. have
• been confirmed by any public authority at the date of closing, shall
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be paid by the Sellers, except that current Village or Township or
City and County real property taxes shall be prorated and adjusted
at and as of the time of closing such taxes shall be prorated on
the fiscal year basis of the respective taxing . authorities.
Section 6. Notices. Any and all notices from the Purchaser to the
Seller, including by way of illustration, and not limitation, notice
of the exercise of this option to purchase, shall be conclusively
deemed duly served upon the Seller if forwarded by registered mail
or certified mail, return receipt requested, or by personal delivery,
to County of Oakland, Attention, Chairman, Board of Commissioners,
and such notice shall constitute due notice to and service on all of the
Sellers. Notices mailed to the Seller shall be addressed as stated
above, at the address of Seller first specified on the first page
of this option. Any notice given by the Purchaser shall be deemed
conclusively duly given and served as of the date of mailing, if
mailed as aforesaid, or the date of delivery if personal delivery
is used, as the case may he
Section 7. No Disposition. While this option is in effect, the Sellers
shall not sell, convey, transfer, assign, lease, rent, mortgage,
encumber or otherwise dispose of the Subject Property or any part
thereof, nor shall Sellers do, suffer, or permit any act or deed or
omission which might diminish or encumber title to the Subject
Property or any part thereof.
Section S. Forfeiture of Consideration. if this option is not exercised,
the Consideration shall be forfeited and retained by Seller.
Section 9. Right of Entry .. While this option is in effect, the
Purchaser and, its employees, engineers, agents and representatives,
and the surveyor, shall have the right of access to the Subject
Property at all times for the purpose of obtaining topographical
information and making soil and boring tests and a survey.
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SUPER CONSTRUCTION, INC.,
It s
BY
day of , 1971.
COUNTY OF OAKLAND
/ f" I
Its
Section 10. Miscellaneous
A. Assignment-Entirety of Agreement. This option, and the contract
of purchase resulting from its exercise, shall each be assignable
by Purchaser. This writing embodies the entire agreement and there
are no representations, Promises, understandings or agreements between
the parties which are not set forth herein.
B. Gender. The use of a particular gender in this option is
not meant to be a limitation, and the use of a particular gender
shall be deemei d to include the other of masculine, feminine and neuter
where the situation so demands; similarly, the use of the singular
shall be deemed to include the plural where the situation so demands,
and vice-versa.
C. Benefit and Liability. This option shall be binding- upon
the Seller, and. its heirs, devisees, legatees, legal representatives,
successors and assigns of the Seller, and shall inure to the benefit
of the Purchaser and its heirs, devisees -, legatees, legal
representative, successors and assigns. The liability of the
Seller, if there is more than one, is joint and several,
Signed and delivered this
Witnessed by:
Purchaser
STATE OF MICHIGAN)
COUNTY OF OAKLAND) 88
On this day of 1971, before me,
STATE OF MICHIGAN)
COUNTY OF OAKLAND)ss °
On this 5thday of October , 1971, before me,
a Notary Public in and for said County, personally appeared
SYDNEY GRIFFIN and
to me personally known, who, being by me duly sworn, did each for
himself say that they are respectively the President
and of SUPER CONSTRUCTION, INC.,
the corporation named in and which executed the within instrument
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 said SYDNEY GRTEEIN and
acknowledged said instrument to
be thefrj-e- act and deed of said corporation.
Ann Waichunas
Notary Public, Oakland County, Mich,
My Comm. expires:
-
a NOtary Public in and for said County, personally appeared
and
to me personally known, who, being by me duly sworn, did each for
himself say that they are respectively the
and of
the corporation named in and. Which executed the within instrument
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 ; and said _ and acknowledged said
instrument to be the free actand deed ofsaid corporation.
Notary Public, Oakland County, Mich.
My Comm. expires:
Drafted By: David S. Lichtenstein
170 Honeywell Center
17515 West Nine Mile Road
Southfield, Michigan 48075
When Recorded Return To:
SUPER CONSTRUCTION, INC.
170 Honeywell Center
17515 West Nine Mile Road
Southfield, Michigan •48075
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f •
1.••n•-'•(: L,
Mode this .day ,
County of Oakland, a Michigan constitutional corporation, hairy
A.LTEmz.,,,TE TAY AND INsi:P.AN0.7. PitOt::;37C-7.t.tt
707.,,,€51.5-75501,1
-,vhca:: address is
and SUPER CONSTRUCTION, INC., a Michigan corporation
roft.iF:c:d. to ns the
1200 North Telegraph Road, Pontiac, Michigan
To furaiM
'nth;
Policy dated
t.vith the phT-He
That he 117.:
ccacs1d'Z the i10:5005
the lattowe
the title
sofa-cup .;. ,
I .1 1
17515 West Nine Mile Road, Southfield, Michigan
1, THE; SELLER AGREES A$ FOLLOWS:
(e) To And. convey to the lnnd C:e of` Pontiac , Oa:k.L and County, d„„il.„d _Part of the South 1/2 of Section
T3N, R10E, described as beginning at South 1/4 corner of Section 18d
Thence S. 86 degrees 39 minutes -00 seconc:i.s IlEst 484 -,36feet; 1
N - 01- dek.,-YreeT,- -- Les- 5-0 se-c-o-nd.5 Wes t 399,7 -1 - f eat -; .
degrees ,419 minutes 10 seconds East, 98 feet; thence N. 01 degrees
46 minutes 10 seconds West. 729.85 feet; thence S. 84 degrees 58 min1.11::
cor4s i Est, ee - twi.mc4e,E. Q6`4.egrees,
00 .seconds East, 522.24 feet; thence S. 83 degrees 44 minutes 20
at.eeu, f4 degiee5 ffli.1111-Le
846.46 feet; thence S. 88 degrees 15 minutes 20 seconds West 239.38 1
feet to point of becTinning. REserving an easement over the N. 33 fer±.1 io Ke-nan:t-- Rood Sc LO oaeeI cjnino 11 39 ataes- -moiLt or
together with all tcrtsrisiats, hnreditemtnls, a'nd " , • 'l•Z.)-esnee ;
f any, end
isow Our the preneisss,
T,,r3-..:t7 of
Dtqy to
Caavey
To Pay re, Xe.5
6,-311 itCx2p
A f
P
ancl subject to all applioahle building and use ret-t,lations, end re•n -s5 -t7.nts, if any, effecting the
(b) That the consideration for the sale of the above descri -brd the Plird-,m7.-:7>7
Sixty-nine Thousand ) TDOLLAD,7,
Th-irteen Thousand Eight Hundred of which the sum of . CS 13 , 800
has heretofore been paid if) the Selley', the receipt of which ie heseby lids rShidpcCT 5 al.ld the 17:::lncre ------ Fifty -five Thousand Two hundred-"- - - - - - - - 55,200
is to be paid to thf..1 Seller, with interest on any part thereof at any tiros i3upair.1 et the rate of sevon seven 7 p,r'cent. p ,r annum while the Purchaser is not in doftniIt, end at the rote of . por cent,
per annum wtitl es often as the Purchaser is in default,
in monthly installments of
. Dott,t.,:s
each, or more cI Purchaser's option, on day of each
..... „ ..... _______ _ __________ 19 ______ sehl payments to be epplind
entire p ,.7reltes•2 money end interest shall be fully paid within one ,-, yea.1-7.-l'irona the (late herecf, anything herein to the cunt:rosy Entv,•ithstandhrg.
(c) Upon receiving payment in'foll of all sums owing herein, less the oroce.ust then due on any existing v.-sesta:age er
mortgages, and the surrender of the duplicate of this conttr ,ct, to execute and deliver to the PlITC!ha'-er or the Pit-(chascr's
assigns, a good and sufficient Warranty Deed cart eying title to said land, subject to aforesaid and cnwments
and subject to any then assisting mortgage or re,t ,t,;•eges, e:nd free from all other cnetuntrrentter, stocep reel .; as may be herein
set forth, and except such encturnhuanrce, as shell .13Z0i(3 OCCVjed or the data hereof threagh the acts or orni",2-
sions of porsons other than the Seller or his r: ;
(d) To deliver to the Purchaser as ey :•-l - Ice of title, a Policy of Title
r.:;'.1-'*.:..;,FLthr: effective date of Out: policy r:ppco.:.intcly the date of this con-
Sion of this c _ •use of title during the life of this contract end upon rlsrea::1 5 shell 1...nd it to Purch.:-:scr uptrn the pler.l,-;•
iug of a reasonable security.
2, THE PURCHASER AGREES AS FOLLOWS:
(a) To purchs.se said land and pay the Seller the sum t-f -rest7itl, with the interest thereon us above, rrn•yirled,
(h) To use, maint7;,;:n and occupy said premises in artcresloaao with any and all rositieti,n.s thm-a:-)n,
(c) To keep the premises in accordance with all polie:.•, sanitary and other regiileti:one: by fl-ny
authority,
(d) To pay all taxes and hereafter levied on said promit-.7 before any -1-::eity for non-r,tyms-nt
thereto, and submit receipts to Seller upon request, as evidence of paymte,-,t_ thc,rcsf; also at all tinsee to keep the bull
nay,' or hereafter On the premises insured against loss and darnt:ge, Irs manner end to ar,: by the
to deliver the policies as issued to the ft,allar with the prolph ,n-al fully veld,
-rf-tars.--"orta T,-." 7: :;7
itt-nph 2 (a), than th,.1 rt7c2:7,,-,:l of the payr.nent of (.13.ss:3 c.7 therein intliarsteq shall be .F1 rtft,..f
inserted, Then Para.t1sraph 20-c) shall be of no effect and thus method of pFT.F:7-,:',:e ths pry51ccl'f.7-!Lril-D1:::5;:a,n.pf: 2 (i,l)
shall he effective,
.) DOLT...Arts,
(7o)
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t
if ad1,1105:
1155555555
(e) To pay monthly in addition to the monthly payr.-it.:: befusc_st7partl-nted, the s;3m.of
..___.001.J.-ttlt5;-:ivhich is fan c7t.:7.1-nnl---.. of the r-,-n.,,,T!,iy cost of th s, 1 :,-...,_:s, II
-ci, i,,,,:,.17-roy-e pTc,-,-, -.,7 ,- ::: for ,,,1 :1 pyr,r^,i ,:::',:, _whi7-.t. shall be credited by the Sellu on the ,,17-.T.,,iie, ry,-+,,-::71 :7-1.-:7,-,--: 11 ..--
contpnc.t. If the Pl..,:c•H , -r is not in_51.,:tfli-t-indttr tl-A2 terms of this sentseet, the Eleittn- shrdi pay for the P -.7 ,,-S-•.5 7 2'5 I]
' ae :'!-C1-7-:;,17- rr:-.-n -'-:-:i ,e-l- in Par:-.-..,;7 -:-,-, 2 (d) above -,,,hs.:: doe and l , •' ,:. -• any -
.for to the Purchaser upon -dasnarH, TN-, „:,.,,,,,,,,,, 50 7,;.1 ,I.,„11 be ,...,1.-T..„:. ..,..„, th..:
thls
the total
of the pt--...F1-inr.; tiny
a:
due on
ac•sen•t, tha taxes, an:
penalty attaches, and sub -cnit_yec
principal balance of thla-&-,:.'“,-
franc three io,t.irosudso th,at th.,2 em
ilff1.21-,-7.0-=r--T1171,3 us dj-c_simcnt than ba
.tt-rw7.:unt of the est:
teceived shall F-TT',.-k-
- d 77.7 7,s1
€
littar(;;;;,:lo 1 SsLier
on
Trek,
1
of Taros or
ThslArant€4,
by
Pr
1€
11
rriti;:sid
Forfeit
Ar-r,...%rrrff€€;2.”
notfro fo
1'sec-7:titter
• () To keep and maintain the pi -err:is-es encl the tH€:...00n in as good conditian en the7Yrt the dcto hereof
nod not to commit waste, remove Or dCrre71iSh mn jr
_
security, without the written consent of the Seiler, •
3. THE SELLER AND PURCHASER MUTUALLY AGREE AS FOLLOWS:
(a) That the Seller may, et any tri.;•;e duritig the continuance of this contract eitcifn €1 €€€€€ nacid land by
gages to secure not Mere than the unpaid Issionco of this COlai:rnr.t. mit th ,.r. ';7; or .-"•:r
Such mortgage or mortgages shall bs -;a:,..;':€1 in not less than -throe (3) yerrs from chile of
vide for poyment of principal end intei€:rt in monthly im:dsiltnants. which do not exceed : .1.,L:H;h::d. for in
this contract; or on such other terms as may be FIr .r(!:7,.71 111777,7.1 by the Seller and Purchaser, and s• €€€ 1.€te a first _lieo
the land nuc:id:sr to the rights of the Purelmcor heroin; provided notice of the execution of srid n€€€€€€€er ot 7 -nn•
containing tho name end acidness of the mortga;;:e or his curie, the o : • €. .... of such mortgage or ttu rt ..;
of interbst acid maturity of the principal and irtcraat be sent to tho Ptircl-o-rr byrsr,sis,'
execution thereof. Purchaser wilt, on demand, crensubs any instruments ch:-..-€€€€nh.rl by the Sc''
to subordinate the rights of the Purehes:€;€ her ,: d .7 to the lien of any such mot ,€,-.or
shall refuse to execute any instrimems sdsirmiled by said Seller and shall refuse to accept such rs_€
previd ...... or said registered mail shall be V=.'1.3.17 7c;;-.! then the Seller rosy past such notice in two u•
on said prior -:0, and upon making affidavit duly sy.R .a-€:: to of such posting, this proceeding shall rags - etc the F - if
Purchaser had consented to the es:smut -inn of said isice..i.gago Ol ratirtgagoc, end Purchases's rights rtoll be 51!'';''N7 .0 aid
mortgage or mortgages as hereinbefore provided, The coassot obtained, or ri:hrrr\s,'I herein
or by virtue of the foregoing power, shall ertoo;€1. to tiny and all reacwals or extcr-then or ,t imcandrn,unt, of said i .en•
mortgages, after Seller has given notice to the Purchaser as above provided for giving notice of the executisio of scid so
or mortgaLres,
(b) That if the Seller's interest be that of land contract, or now or hernafter be cneursderet 1cd by inorta,rtge, the Seller
shall meet the payments of principal and interest thereon as they mature and produce evidence thereuf to tine Purchaser on
demand, and in default of the Seller said Purchaser may pay the same, Such puma:nth by Purchaser shall be credited on
the sums matured or first met:tiring horcets, with interest at seven per cent. per armiam on paymants so made_ It procoadin;;t;
are commenced to recover prissiu ,sion or to enforce the pcycresist. of such contract or nuartza;:o of the Seller's defied+,
the sit any time thereafter, while such proceedings are pending, e7.:7 -€;m1,-T said load by martgar2:e, securing snail
suns as can be obtained, upon such terms as may be 1-(7q1111, and with the prm:eeds pay nr!:.4, tIP. cPoe ;;;ch nt_sertLp:g.o, or
purchase nioncy lien. Any mortgage so given shall be a first lien upon the l.:€ ad superior to the rights of the. F.,-.€11 ,--r thrreir,
and thereafter the Purchaser shell pay the principal and interest On such mar h'.-- to given as they inuirtosa, whirls pay:Ise:Its
shall be credited on tiro sums matured or first maturing hereon. When the SUM rev' if I' cocci is redited. to the r mount
owing upon such contract or mortgage or owing on any reostga;.;,e executed under either of the powers in this contract con-
tained, a conveyance shall be made in the form above providEd containing me covenant by the grantee to ctetnme and rus.rce
to pay the sumo.
(c) That if default is muscle by the Purchaser iii the payment of any taxes, assessments or iniitirrotc-o pic:triiltttA ,', Sr in
the payment of the sums provided for in Peraucirth 2 (e), or in the delivery of any policy €as hercinhcfore provided, the
Seller may pay such teries or promiums or procure such insurance and pay the premium or premiums there'::, €-€€€1,1 any sum
or sums so paid shall be a 'further lien on the land and premises, psychic by the Purchaser to the Seller fort.h.v.tith with
interest et the at applicable during pnicli,-;;.:;;;;€-'s default as set forth in Paronreph I (b) hereof.
'(d) No assignment or convoys:mac by the Purchaser shall create any lialsility whatsoever cgaimst the Seller until a dup-
licate thereof, duly witnessed and solmcwledged, together with the residence arldre.ss of such fr,i';:':',22 -?-eir, shell be ibe,iioor;€?;1 tue
the 8o 11 w. Puychf,ser's liability hereunder shall not be released or affected in any way by delivery of such assignment, or
by Seller's encicmer€€€€dst€ of receipt and/or acceptance thereon,
(e) The Purchaser shall have the right to possession of the p;os .iiisna from and after the date hereof, undess c
heroin provided, and be entitled to retain poreouision thereof only so long 8.5 there is no e r.€ €11r€€€Ilt. on his pact in re
the terms and conditions hereof. In the event the premises hereinabove described are vacant or unimproved, tine Pt': choser
shall be deemed to be in constructive posession only, which right shall ceass end ternninste eftor service of a
notice of forfeiture of this contract. Erectien of signs by Purchr.sar on vacant cur unimproved property shall not cc:'- It'
actual possession by him.
(I) If the Purchaser shall fail to perform this contract or any part thereof, the Seller imsrutdiately after sisch dr retilt
shall have the right to declare the some forfeited and void, and retain whatever may have besm paid horeen, and all in;•€'---
meats that may have been rflede upon the premises, together with additions and accrotior -; thereto, mad consider end treat
the Purchaser as his tenant holding over without peirtaission and may take immediate p:. .€;stiea of the pr 'Err', end tho
Purchaser and each and every other occupant romeue and put cut. In all cases v,diare a notice of forfeiture is relied WIT.,7:71
by the Seller to terminate rights hereunder, service of such notice shall be prctecsired by a notice of intent to forfeit the
contract- served at least ten days prior thereto.
(g) If default is made by the Purchstscr end such default coutinues for a period of forty-five days or rn(.:,r(?, r,:nd the
Seller desires to foreclose this contract its eouity, then the Seller shall have at his option the right to declare the entire onprid
balance hereunder to be due and payable forthwith, no -1.withs1:;;€:nrliTT. anythliv, herein contained to the 'contrary.
(h) The wife of the Seller, for a valuable consideration, joins herein and agrees to join in the execution of the doedi
to be made inn fulfillment hereof.
(i) Tirrie.- shall be cleansed to Sc of the essence of this contract.
(j) The individual parties hereto re:pros-ant thaiserelves to be of full age, and the corporate pnrtiee, hereto repro:cant
€1.l.;.€:€-;.--€1.-cs to be valid existing corporations with their charters ins full force and effect.
(It) Any declarations, notices or prutdors siecessary or proper to terminate, accelerate or enforce this contract be
presumed conclusively to have been served upon the Purchaser if such instrument is.enclorod. in an crivciripo. with 1€€€€€-;:€tr,,r-t€
fully prepaid, if said envelope is addressed to lime Purchaser at the address set forth in the heeding of this contract or at
the latest other address which may lieve been rpticifled by the Purchanor and reccipted for in writing by tlse Seller, and if
said env.slo.pe is deposited in a United States Post Office Bonr.
the valoo of the Seller's
Addfereeat (I)
€1 It
The pi-enamor and relative vsor€Iti herein used are v.trittrtri in 1.1€3,;:„, Trr:ttet -nline aral aingidsc -only. If rfl.:7,7.3', than one join in
the eirectitiasi hereof RS Seller or Purchaser, or eitlier be of the foreinino sex or a corps:rat -inn., riocis `,-.:=7.,7,7],"': shall be reed as if
written in plural, feminine or neuter, respectively. The covenants herein shall bind the heirs,
of the restoetAis.re parties.
the parties hurrete have executed this contract isr elliptic:rite the day and year ISrst aba -co
Written.
Si t€1,11,..;cl in the piesccirss SUPER CONSTRUCTION, INC .
By t
I ts
COUNTY OP CARLANE
y /
DYnitiTti. by:
David S. Lichtenstein
FAT.,1:000oe
MONCIPAT,
------.
Ud notific-d SL,lier in wriek7L,1 fo Li:a corny.
INTl PAY1-NG
E.Me TIr.`,71•:T-Vr TO
. ,
= 1,71JV 13, I f .
Ji
..;;TATE OF MICHiGAL
, COUNTY . OF OAKLAND)--
On this day of in the year One
Thousand Nine Hundred before me, the subscriber,
a Nota r y ! Public in and for said County, personally appeared
and
to me personally known, who being by me duly sworn did say that
they are the and
of
-a-P--1--11i-a----tfii-e------s!-!-EaT.-affixed-•!tio said irls-7- Cr uni.e—ri-E—TE-IF6-6-65-6a7- a :CET--
seal of said corporation, and that said instrument was signed and sealec
on behalf of said corporation, by authority of
, arid and ,_ _ _ acKnowledged_said instrument to
he thefI:ec, act and deed of saidcorporation .
Notary Public, Oakland County, Mich,
My Comm. expires2_ _
thc„ ond
INC end tilM the soal affi:Kod to tdt1-!T -n ,7,EA, is the of sr.e id
and thE-t said ilistruixv,,nt waS C-sn ,1 ano seale.d in b.,..lwit" of 5d copoiLti:D2-1, by of ita board. of c!,7
end
vIcknowiccigoc.1 tid ctwcrt to b?, th fre6 act(in -1 of 1.1aid
(7,':!1!:"3°
Cy t-w
170 Honeywell Center
17515 West Nine Mile Road
Southfield, Michigan 42075
SCIIT.K,,OUTE
...... . . .
DAT
1
MONMekt i7. P.A.Y=TV
!
11 -
I
Moved by Harrison supported by Mathews the resolution be adopted.
Discussion followed.
Mr. Harrison requested that Earl Jacobs, representative of Super
Construction, Inc., be allowed to speak to the Board regarding this matter.
There were no objections.
Mr. Jacobs addressed the Board.
Discussion followed.
Moved by Gabler supported by Brennan that the option be amended, that
the basis, when this property is developed and purchased under the option,
that agreement be included in the final sale contract, that preferential
treatment be given to recipients of public assistance in the rental of
this property.
Discussion followed.
AYES: Lennon, Mathews, Patnales, Pernick, Powell, Simson, Szabo,
Aaron, Barakat, Brennan, Burley, Coy, Daly, Dearborn, Doyon, Gabler,
Hamlin, Harrison, Horton, Houghten. (20)
NAYS: Mainland, Olson, Perinoff, Richards, Wilcox. (5)
A sufficient Majority having voted therefor, the motion carried.
Vote on resolution, as amended:
A sufficient majority having voted therefor, the resolution, as
amended, was adopted.
STATE OF MICHIGAN)
'COUNTY OF OAKLAND)
1, Lynn D, Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Resolution 0 8 69 adopted by the Oakland County Board of Commissioners
m•eeetegyvermemeaveceams-alseeeeee•ra••••meaae•eutm•eeea•••••veeeenea•a•aetee
at their November 18, 1971 meeting
eci.it•s•etedoomeeeeeotocroatf*DPPOOVCODot voe ea•ecooevoa oa oases, es. o1700-PPO VOOOP
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, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
this. 18th November a 71 eemocepeeeeemeteeadaY e,.••••••• p•a••••1
Lynn D• Allen ,Clerk
Deputy Clerk
STATE OF MICHIGAN)
COUNTY OF OAKLAND)ss e
On this 5thday of October , 1971, before me,
Notary Public in and for said County, personally appeared
and -
to me personally known, who, being by me duly sworn, did each for
himself say that they are respectively the President
and of SUPER CONSTRUCTION, INC.,
the corporation namedin and which executed the within instrument
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 said SYDNEY GPTPFIN and
acknowledged said instrument to
be the free act and deed of said corporation.
Eliabeth Ann Waichunas
Notary Public, Oakland County, Mich.
My Comm. qXpircs:
/
STATE OF MICHIGAN)
COUNTY OF OAKLAND)'-'
On this day of _ , 1971, before me,
a Notary Public in and for said County, personally appeared
and
to me personally known, who, being by me duly sworn, did each for
himself say that they are respectively the
and _ of
the corporation namedf in and which executed the within instrument
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
; and said
and acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public, Oakland County, Mich
My Comm. expires:
-• Drafted By: David S. Lichtenstein
170 Honeywell Center
17515 West Nine Mile Road
Southfield, Michigan 48075
When Recorded Return To:
SUPER CONSTRUCTION, INC.
170 Honeywell Center
17515 West Nine Mile Road
Southfield, Michigan 48075
\V.frt TAX eitin
ca, CiS Irn StAI
I.
t..E.$72ACTI Thu. ce-s.'.44r
(-51X Made this du of _ ,
County of Oakland, a Michigan constitutional corporation, betwei,1
11-2.rehlaffed to as the ''Seller," 1200 North Telegraph Road, Pontiac, Michigan wh0,0,-vkirs
SUPER CONSTRUCTION, INC., a Michigan corporation
bel-f=;nafter FCICI:f1.:d to L1:3thc. "PnrChf".!;Cr,"
17515 West Nine Mile Road, Southfield, Michigan whose address is --
Pcre:rcc
Dvscripo
PIC.r.:3I,E,.5
Term:, of
Poyolc.nt
St-floc's
Mayi0
COJWCy
To foroian
Tit!,
Er/del:se
.Pereher's
Dudes.
Ircl..71-tocnounr,
if oil,- ono.,
monthly
ins lIfe
citax.2.5..,oc!
To Pay l'oxcL
orol kc,v
F, trace
lab:route
Pcyrnurq
County, IVIichigal, described v, Part of the South 1/2 of Section '18 - T3N, R10E, described as beginning at SouLh 1/4 corner of Section 184
Thence S. 86 degrees 39 minutes 00 seconds WEst 484.36feeL; - the -lwt2.-
N. 01 deq/cc7 34 minutes 5 -0 se-conds West, 3 -99.71 feet7 thence N. 87 degrees 49 minutes JO seconds East./ 98 feet; thence N. 01 degrees
46 minuLes 10 seconds West: 729.85 feet; thence S. 84 degrees 58 mjn1c:
00 seconds East, 522.24 feet.; thence S. 83 degrees 44 minutes 20 .
K2 nqgli.7 LfeRHTea2q.t banngke2 6 4 egaHea 5 4tVW6Mdr_,DE5 6""
846.46 feet; thence S. 88 degrees 15 minutes 20 seconds West 239.38
feet to point of begi._nning. REservii:Ig an easement over the N. 33 fec .I.C.-annett -Road SLId parcel -containg 17.3 -9 -acres-more-or -Ics-s.
together -with all tenements, hereditaments, improvements end appurtenances,
VCsini-'5f? any, and
• :now on the premises,
end subject to all applicable building and us.a restrictions, and easements, if any, effecting the premises.
(b) That the consideration for the sale of the above described premises to the Pnrchass ,r is:
Sixty-nine Thousand ) noLLAcrzs, Thirteen Thousand Eight Hundred
0 13800 of which the sum of )
has heretofore been paid to the Seiler, the receipt of Nvhich is hereby aclencnoledged, and the. balance of
Fifty-five Thousand .Two Hundred - - - - - - - - 55,200 ($ • )
seven 7 is to be paid to the Seller, with interest OD any part thereof at nn3 , tmpnid at the rote of
7 per cent, per annum while the Purchaser is riot in default, and at the rote of seven- pul- cont.
per Rini= Winnl and es often es the Purchaser is in default. T ii.>fl-i,'"-lf0i-:".7',-0ThU'7-
in monthly installments of
) nOrt,Ar:S
each, or more at Purchaser's option day of ouch mouth,
beginning. ____ .............. • , J9 ; said payments to be npplis.d
entil e porchess meney and interest shell be fully paid v:ithin one (1) yea-K.:Num) the date hereof, anything herein to the contrary notwithstanding.
(c) Upon receiving, y.,ayrnont in 'full of nil sums ov.,ing herein, less the amount then clue on any existing mortgage or
110rtgage:1, and the surrender of the duplicate of this contract, to execute and deliver to the Purchaser or the Prirchasor's
assigns, a good and sufficient 'Warranty Deed conveying title to said lancl, subject to aforesaid restrictions and casernents
and .f.whject to any then existing mortgage or mortgages, and free from all other encumbrances, except such as may be her Oi ls
set fottli, and except such encumbrances as shall have accr LK:CI OF ZALSChed SinCe. the. date hereof through tile acts or oniis-
sions of pru-sons other then the Seller or his assigns. •
(d) To deliver to the Purchaser as gvicjencc of title, a poi;cy of Title
effective data of the polic y lie apprrcsitnctely the date ef thh
. Xrh e. Seller shall flaw. th e right to retain p os,,,,s-
sion of this evidence of title during the life of this contract and upon demand, shall lend it to I'm-chaser upon the pledg•
tog of ii reasonable security.
2. THE PURCHASER AGREES AS FOLLOWS:
(a) To purchase said lend and pay the Seller the sum aforesaid, With the interest thereon as above provided.
(5) To use , Maintnin and occupy said prt.liliSC3S in accordance with any and till restrictions thereon,
- (c) To keep the pi-einis-ns in accordance with all police, sanitary and other regulations imposed by any governmental
authority.
(d) To pay ell ta:..e.s and assessments hereafter levied on said premises before any perielt y for nen-pa y mont attc,ches
thereto, and submit receipts to Seller upon request, as evidence of payment thereof; also at all tinses to keep the
110y; or hereafter on the premises iusurecf against loss and damage, in manner and to an CD-10MA 0ppr0,,TC1 by the Sailor,
to deliver the es iSSIreti to the Seller With th::: preniiums fully paid.
&aril; 2 (c), thclz ri.rth..-.)ef of the. paynt..s!:11. of ihcs-a items 15.1 ehereirk zdepted. If This nof
PD,-.5(;-fDph 2(e) shril /1,7-,-3 of rio offect said Use mo.:71:-.c.1 of pnyrrinnt prcc-id'cd in flu: (of)
eficctive.
To pay monthly in addition to the nirrnthly payments herein tsforests 5iiEIisted , the SUM ___________ _ _ _____
• „ ________ P17 estimate of the I:so:1011y cost of the I
C;i`..:r2:3.S MC!' tS t11-10 insurance premiums for said plernises,__whiCC;Irsli be, credited Iv the Seiler on .the unpaid principal ho'!
disc. on the cmitract. If the Purchaser is not in_fleforditinder the terms of this contradr, the Sellor shell pay for the
account, tho tccbs , assessments and premiums menticmed iCe•Parag.rapI 2 (cr)e abov'e' sylnin due and befer o ycso.
penalty atlachos, r.nd submit_secrhp .ts thereto: to tile I'vecha.ser upon demand, -.Cho anie.arnts so paid shall- he add ed t o th e
principal balance of_this--ej..nts,:er. Ties. anInunt of the C,3t5nintOCI fllOiSlfliY 150JsiOlt, 5e01c±.1 ttlls pc:cp,grD ph, toy hi'
1.1-o;tt time to_th-ci.Z": thui fly! erttetillt received approximate the totul sum regoiced crinte..dly for
. made on deciss,:l of either the parties 1; TIC! P.133, d 7,!11 1;27 the
1, THE SET.,_1_,ER AGR.2:;k;5. AS FOLLOWS: Pontiac (a) To soil and convey to the Purchaser land in the City of Oakland
(1) That las hcs Titic
_ 4 Or.
rc,t; t..,:ti,I-1,2C] c.1 •eHy
Sigaied in trio presence o!: SUPER CONSTRUCTION , INC .
'o, By ,
I ts
.-Me,inaerrsaze
Oj PreDd,,,s
by
S.:4LT
En.aineforronees
on Seiler's
Tire
Non-prign-oent
of Tztcm ot
by PurC.h1::::01
Pozsssiori
RiLtlit to
Po
Clf,750
liiinnico
Perehrores
Aerrritianfif
Cleirse.r
(g) Tio keep end maintain the prerniness El:F.1 the buildings therec-n in as go-sed F2 th;:y- L,re ut thE,
tIrld FIC,t to commit waste, remove co- elernoli2h eriy iniprovernents thereon, or otherwise diminish tho ...eke:: of the Stiller's
- security, without tire written corosant of the Seller.
3. THE SELLER AND 1 ,f_UCHASER IvfLITUALLY • AGREE AS FOLL017S:
(a) That the Seller may, et any time during the ' Continuance of this contract encumber said lend by mei -Ili-At:0 er mort -
gages to secure, net more then the unpaid balance of this contract et the time ouch Inortg-teite or mrutgaffes ere executed,
Such mortgage OF mortgages shall be priyebie in not less than three. (3) yento from dato Of execution thereof pod shall pro-
vide for payment of principal and interest in monthly installments which do not exceed such installments porerided for iu
this contract; or on such other ter MS to :rney las figreed upon by the Sclier end Purchaser, nod shall be a first tyon
the lend supeolor to the rights of the Purchaser betein; provided notice of the execution of rinid mortgage or mortgages
containing, the name arid address of the mortgagee or his agent, the amount of such ntortgege or mortgages, tie) onto
of interl-ist and maturity of the principal nod interest: shell be sent to the Purclir -;!.:,to by registered Mail promptly after
execution thereof. Purchaser will, on demand, execute coy instruments demanded by the Sc11ni nocessary or requisite
to subordinate the rights of the Purchaser hereunder to the lien of any such mortgage. Of mertgioges, In evitint said Puritleeid-
shall refuse to execute any instruments demanded by said Seiler find shall refuse to accept such registerk'.,d roth hercinhafere
provided, or said registered rnail shall be returned unclaimed, then the Seller may post such notice in two conspicuous pieces
on said premises, end upon -making aflidnvir 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 1CO:(.2ageS, rod Purchaser 's rights shall be Sktbrdi;“;',e to said
mortgage or mortgages ei:_hereiribefore provided. The consent obtained, or sobordiriation as ethervdse heroin provided, undsr
or by virtue of the foregoing power, shall exte.nd to any and ell renewals or extensions or FtMenChr.,'flt3 of said mortgage or
InOrtgageS aftCr 'Seller has given notice to the Purchaser as above provided for giving notice of the es,ecution of said mortgage.
Or mortgages,
(b) That if the Seller's interest be that of land contract, or now or hereafter be encumbered by mertgryto, the Seller
shall meet the payments of principa1 and interest thereon es they mature and produce evidence thereof to the Porclonser 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 EITIMMI on payments no made. It proceedings
are commenced to recover possession or to enforce the payment of such contract or mortgage because of the Seller 's di:fault,
the Purchaser may at any time thereafter, while such proceedings are pending ', encumber said land by mortgage, securing sioado
sum as can be art.-dried, upon such terms as may be required, end with the proceeds pay and discharge such mortgage, or 1
purchase money lien. Any mortgage so given shall bea first lien upon the land superior to the rights of the Seller therein, 1
and thereafter the Purchaser shall pay the principal end interest on such mertgag,e so given en ti n y illnitTre, which payments I
shall be credited on the sums riatined or first maturing hereon. When the ,Silift owing hereon is redtmed to the amse.ot
owing upon such contract or mortgage or owing on any mortgage executed under either of the powers in this contract con-
tained, to conveyance shall be made in the form above provided containing a covenant by the grantee to assume end agree
to pay the same.
(c) That if default is mode by the Purchaser in the payment of any taxes, assessments or insurance pre:mho:us, or in
the.> payrrtent of the sums provided for in Paragraph 2 (e), or in the delivery of any policy as heroinbafore. provided, the
Seller may pay such taxes or premiums or procure such insurance- and pay the premium or premiums thereon, nod any sum
or stuns so paid shad be a further lien on the hind and premises, paynblo by the Purchaser to the Seller forthwith with
interest at the rate applicable during Purchaser's default as Set forth in Paragraph I (b) hereof,
1(d) No assignment or conveynnee by the Purchaser shall create any liability whatsoever against the Seller until a dup-
licate thereof, duly witnessed rind acknowledged, together with the residence address of such assignee, shall be delivered to
the "Seller. Purchaser 's liability hereunder shall not be released or affected in any way by delivery of such assign:I -leo-it, or
by Seller's endorsement of receipt end/or acceptance the ir eon,
(a) The Purchaser shall have the right to possession of the premises from and after the date hereof, unless
herein provided, Vold be entitled to retain 'possession thereof only so long ris there is no default on his pert in carrying coot
the terms and conditions hereof. In the event the premises hereinabove described are vacant or unimproved, the Purchaser
shalt be deemed to be in constructive possession only, which possessory right shall cease and terminate niter service of to
notice of forfeiture of this contract. Erection of signs by Purchaser on vacant or unimproved property shall riot coo:it:lode
actual possession by him. • (1) If the Purchaser shrill fail to perform this contract or any part thereof, the Seller irill-nr:,cIietely niter such default
shalt have the right to declare the some forfeited end void, and retain whatever may have b -en podal hereon, rood all improve-
ments that may have been made upon the premises, together with additions and accretions thereto, and consider and tri.not
the Purchaser as his tenant holding Ql'eF without permission and may tithe immediate possession of the premises, and the ,
Purchaser rood each and every other occupant remove and put nut. In all crises where to notice of forfeiture is relied upon
by the Seller to terminate rights hereunder, soon vic of such notice shall be preceded by to notice of intent to for the
contract- served at, least ten days prior thereto,
(g) If defetilt is made by the Purchaser and such default continues for on period of forty-feve days. or more, and the
Seller desires to foreclose this contract in equity, then the Seller shall have at loin option the right to declare tho . enthe unpaid
balance hereunder to be due end payable forthwith, notwithstanding anything heroin contained to the Contrary.
(h) The wife of the Seller, for is valuable consideration, joins herein end agrees to join in Pro e irecution of the deed to be made in fulfillment hereof.
(1) Time- shall he deemed to be of the essence of this contract.
(j) The individual parties hereto represent themselves to be of full age, end the corporate parties hereto represent
themselves to be valid existing corporations with their charters in full force and effect,
(1c) A.ny declarations, notices or papers necessary or proper to terminate, accelerate or enforce this contract shall boo
prosurned conclusively to have been served upon the Purchaser if such instrument is 'enclosed in cm envelope with pastP2:;:
fully prepaid, if said envelope is addressed to the Purchaser at the ioddrcss net forth in the heading of this contract or at
the Intest other address .which may have been specified by the Purchaser and reccipted for in writing by the Seller, and if
said envelope is deposited in a United Status Post Office I3ox.
(1)
11
ii
Tho pronouns arid relative words herein used ore written in the me,sculino end singular only. If more t 0 0's Orl.": join in
the execution hereof as Seller or Purchaser, or either be of the feminine sex Cr a corporation, such words shall lie Jend es if
written in plural, fendoine or neuter, respectively. The covenants herein shall bind the heirs, devisees, leg5otees, assiens rood '
successors of the respecti -ve parties.
the parties hereto have executed this contract in duplicate the day and year fort above !.!
v•iritten,
1:
1:
----
COUNTY- 02 OAKLAND
PC
, --
.-" - / /
and that the seal aMxed to said instrument in the corpc.nrate. seal of
8rid that said instromerft vr-as Eigneci and sealed in beliDli of sad corpoi -ation, by outhority of its laced or rib p 11
the Dud
INC,
'.1:` 0 COLiit±
On this dm, of in the year One
Thousand Nine Hundred before me, the subscriber,
a Notary Public in and for said County, personally appeared
and
to me personally known, who being by me duly -sworn did say that
they are the and
of
and that the seal affixed to said instrument is the corporate
'seal of said corporation, and that said instrument was signed and scale
on behalf of said corporation, by authority of
, and and
acknowledged said instrument to
be the free ac -E—Tand deed of said corporation.
Notary Public, Oakland County, Mich.
My Comm. expires:
and
acknowledel said instail).:-Lent to b the free act ..-md deed of said corporation.
/,-Sy Commission expires
Votary PiT
Counfy.,I:7fr-16.,i.Tara
Drafteclby:
David S. Lichtenstein
Dusipossaciclress 170 Honeywell Center
17515 West Nine Mile Road
Southfield, Michigan 48075
PAYMENT E
P AY laiL12, AT
Unless no,tified Jiy Seller in srin to 11;*
DATIL. Pim4cliva. IlbLANCE,.. OF
PCMCIPAI,
INTE40-",,ST
PAYMP.N S
PL-An
P/Alyw
D4TFA67m—ro SIGNA-Jcu.s.z;
•