HomeMy WebLinkAbout93- Warranty Deed 93- Riggs, Violet Mae Deed (2)
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I fILM 131 PACf3567
WARRANTY DEED
GRANTOR, VIOLET MAE RIGGS, a single woman, for good and
valuable consideration, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and convey unto CITY
OF BOZEMAN PARKING COMMISSION, as Grantee, by and through its
140 E, Main St., Bozeman, MT 59715
authorized agent, Tim Fitzgerald, and Grantee's successors and
assigns forever, the following described real property located
within the County of Gallatin, State of Montana, commonly known as
110 South Bozeman, Bozeman, Montana, but more particularly
described as:
All that part of fractional Lot 2, Guy's Addition to
Bozeman, Gallatin County, Montana, including within the
following metes and bounds, to-wit: Commencing at a
point 170 feet South and 37 feet East of the Northwest
Corner of the East Half of the East Half of the Southwest
Quarter of section 7, Township 2 South, Range 6 East,
M.P.M.; thence running East 197 feet, thence South 12
feet, thence East 30 feet, thence South 33 feet, thence
J.. West 227 feet, thence North 45 feet to the place of
I beginning; excepting therefrom a strip of ground 50 feet
~ in width East and West and 45 feet in length North and
<:)) South off the entire West end of the above described
1 tract which is now being used for street purposes. [Deed
- Reference: Film 6, page 628]
~ TOGETHER with all improvements, and appurtenances thereto.
Subject to:
1. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water,
whether or not the matters excepted under (a) , (b) , or
(c) are shown by the public records.
2. Except all minerals in or under said land including,
but not limited to, metals, oil, gas, coal, stone and
mineral rights and easement rights or other matters
relating thereto, whether expressed or implied.
3. Taxes for the second half of the year 1992 and
subsequent years. Included within the General Taxes is
Bozeman Planning Board.
WARRANTY DEED - PAGE 1
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; filM 131 PACf3568
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4. Special assessments levied by the city of Bozeman
for 1992-1993 under Receipt No. 2352. No liability is
assumed for any special assessments, snow removal, sewer
assessment or garbage assessment not set forth in the
Assessment Books of the city of Bozeman.
5. Easement to the Billings Gas Company recorded June
8, 1931 at 2:02 p.m. in Book 11 of Deeds, page 179,
records of Gallatin County, Montana.
Grantor, for herself, her heirs and assigns does hereby
covenant, warranty and shall defend the quiet and peaceable
possession of the herein described premises by the Grantee, their
successors and assigns forever against the lawful claims of all
persons.
IN WITNESS WHEREOF, the Grantor does hereunto subscribe her
name to this instrument on this 3\1 day of April, 1993.
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VIOLET MAE RIGGS
STATE OF MONTANA )
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County of Gallatin ) ~
On this..3 day of ~l, 1993, before me a Notary PUblic
for the state of Montana, p rsonally appeared Violet Mae Riggs,
known or identified to me to be the person whose name is subscribed
to this instrument, and acknowledged to me that she freely executed
the same and that the statements contained therein are true.
and affixed
Notar lic for the State of Montana.
Residln at Bozeman, t~rei~
My Commission Expires :-JCt, y .
PAGE 2
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26a'1'O THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON
OFFICE OF COUNry RECORDER) THE 4TH DA Y OF MAY ,A.D., 1993
COUNTY OF GALLATIN ) AT 10: 20 Ml'., AND WAS DULY RECORDED IN BOOK 131
STATE OF MONTANA ) OF DEEDS
RECORDS, PAGE 3567
Fee $ 12. 00 "S/,JJ..!J ~. e~n&'J RECORDER. BY en "1\; fL~ Q lYlCcuY>( DEPUTY
RT: AMERICAN LAND TITLE
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TRANSMITTAL LETTER
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AMERICAN LAND TITLE COMPANY
WESTBROOK CENTER
1800 WEST KOCH
P.O. BOX 396
PHONE (406) 687-5563
BOZEMAN, MONTANA 59715
CITY OF BOZEMAN
14n ~AC:T MAtH STREET
BOZEMAN, MT 59715
ATTN: ROBIN
Date Out: S-19-Cj3
Order No.: 1-43847 -TC
Reference: (City of Boz,)
In connection with the above transaction, we enclose:
( ) Purchasers
(XXXX) Policy of Title Insurance (XXXX) Owners
( ) Standard Loan
( ) ALTA Loan
( ) Vendor's Equity
( ) Endorsement(s)
(XXXX) Deed Warranty Deed
( ) Notice of Purchaser's Interest
( ) Trust Indenture I Deed of Trust I Mortgage
( ) Assignment
( ) Satisfaction I Reconveyance
( )
( )
( ) Extra copies of documents which you requested
( ) Receipted Tax Bill
( ) Bill
( ) Refund: our Check # in the amount of $
Thank you for giving us the opportunity of serving you.
AMERICAN LAND TITLE COMPANY
ThO~iII~
Examiner
HEE\43800
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r=' AMERICAN LAND TITLE ASSOCIATION
i.'=1" OWNER'S POllCY
.:i (4-6-90)
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27 3391 60 002515 ';.r
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~t.. CHICAGO TITLE INSURANCE
4.'; COMPANY
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown ,'~-
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... in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or .;!!
incurred by the insured by reason of:
,.~ I. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
... 3. Unmarketability of the title;
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.., 4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
,~~. only to the extent provided in the Conditions and Stipulations.
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.\i; In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as ...
-:0.,' of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory.
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CHICAGO TITLE INSURANCE COMPANY
Issued by: By:
AMERICAN LAND ~-/ ;f'/~/
TITLE COMPANY
P. O. Box 396
Bozeman, Montana 59715 .,
$' By:
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Secretary
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ALTA Owner's Policy (4-6-90)
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OWNERS
SCHEDULE A
Office File Number Policy Number Date of Policy Amount of Insurance Premium
May 4, 1993
'-43847-TC 27-3391-60-002515 at 10:21 A,M, $70,000.00 $436.50
1. Name of Insured:
CITY OF BOZEMAN PARKING COMMISSION
2. The estate or interest in the land which is covered by this policy is: fee simple
3. Title to the estate or interest in the land is vested in:
City of Bozeman Parking Commission
4. The land referred to in this policy is described as follows:
All that part of fractional Lot 2, Guy's Addition to Bozeman, Gallatin County, Montana,
including within the following metes and bounds, to-wit: Commencing at a point 170 feet
South and 37 feet East of the Northwest Corner of the East Half of the East Half of the
Southwest Quarter of Section 7, Township 2 South, Range 6 East, M.P.M,; thence running
East 1 97 feet, thence South 12 feet, thence East 30 feet, thence South 33 feet, thence
West 227 feet, thence North 45 feet to the place of beginning; excepting therefrom a strip
of ground 50 feet in width East and West and 45 feet in length North and South off the
entire West end of the above described tract which is now being used for street purposes.
[Deed Reference: Film 6, page 628]
SCHEDULE A
ALTA Owner's Policy 6-1-87
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EXCEPTIONS FROM COVERAGE
File No.: 1-43847 -TC Policy No.: 27-3391-60-002515
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attor-
neys' fees or expenses) which arise by reason of:
GENERAL EXCEPTIONS:
1. Rights or claims of parties in possession not shown by the public records.
2. Encroachments, overlaps. boundary line disputes. and any other matters which would be disclosed by an accu-
rate survey and inspection of the premises including, but not limited to,. insufficient or impaired access and mat-
ters contradictory to any survey plat shown by the public records.
3, Easements. or claims of easements, not shown by the public records.
4. Any lien. or right to lien, for services, labor. or matorial heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance here-
of; (c) water rights. claims or title to water, whether or not the matters excepted under (a). (b). or (c) are shown by
the public records.
6, Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records,
SPECIAL EXCEPTIONS:
1. Except all minerals in or under said land including, but not limited to, metals, oil, gas, coal,
stone and mineral rights, mining rights and easement rights or other matters relating thereto,
whether expressed or implied.
2. Taxes for the year 1993 and subsequent years. Taxes for the year 1992 are paid.
Taxes for the year 1993 are a lien, not yet due or payable. Included within the General
Taxes is Bozeman Planning Board.
3. Special assessments levied by the City of Bozeman for 1992-1993 under Receipt No.
2352:
First Half:
District No. 7001 Garbage Collection.
District No. 8000 Street Maintenance.
District No. 8001 Tree Maintenance.
Second Half:
District No. 8000 Street Maintenance.
District No. 8001 Tree Maintenance.
First and Second Half Installments are paid.
No liability is assumed for any special assessments, snow removal, sewer assessment
or garbage assessment not set forth in the Assessment Books of the City of Bozeman.
(continued)
SCHEDULE B (STANDARD COVERAGE)
ALTA Owner's Policy (10-21-871
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CONTINUATION SHEET
SCHEDULE B
File Number: 1-43847.:rC Policy Number: 27-3391-60-002515
4. Easement to The Billings Gas Company recorded June 8, 1931 at 2:02 P.M. in Book 11
of Deeds, page 179, records of Gallatin County, Montana.
5. Deed of Trust from City of Bozeman Parking Commission to American Land Title
Company of Montana, as Trustee, and Violet Mae Riggs, as Beneficiary, dated April 30,
1993 and recorded May 4, 1993 at 10:21 A.M. in Film 131, page 3569, as Document
No. 263771.
HEE/43800
SCHEDULE B (STANDARD COVERAGE)
ALTA Owner's Policy (10-21-87)
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Firat Security Bank Bozeman, MT 59771-0910
'-"" . (406J 585-3800
*** PAYMENT COUPON *** PAYMENT DUE 04/30/99
ACCOUNT NUMBER 4555
PAYMENT AMOUNT ~ PL$2 AS'i ~~tJT1\t:r 1l-lE C2:c-V:lGJ
'1)f:Yf. e. ~5- 3~15 F~ Fllvl>.<...fft\\ .
Arn.t.)()WT.
Remit to:
BOZEMAN PK COMMISSION FIRST SECURITY BANK
140 EAST MAIN ESCROW DEPARTMENT
BOZEMAN MT 59715 POBOX 910
BOZEMAN, MT 59771-0910
Please return this coupon with your payment.
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DEED OF TRUST COLLATERAL NOTE " '/. 9'217
FOR VALUE RECEIVED, the undersigned, CITY OF BOZEMAN PARK~ ,/ ,/ .
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COMMISSION, by and through its authorized agent, Tim Fitzgerald,
Chairman, and the CITY OF BOZEMAN, by and through its authorized
agent, James E. Wysocki, Ci ty Manager, hereinafter cOllectively
referred to as PAYOR, promises to pay to VIOLET MAE RIGGS, a single
woman, hereinafter referred to as PAYEE, of 116 South Bozeman,
Bozeman, Montana 59715, the principal sum of seventy thousand
dollars ($70,000.00) lawful money of the united states of America,
payable and to be paid in the following manner, to wit:
A payment of five hundred dollars ($500.00) earnest money
has previously been paid by Payor to Payee. An
additional payment of fourteen thousand five hundred
dollars ($14,500.00) shall be made by Payor to Payee on
the date of the signing of this Deed of Trust Collateral
Note. The balance left owing on said purchase price in
the amount of fifty-five thousand dollars ($55,000.00)
shall be paid by Payor to Payee, together with interest
at the rate of six percent (6%) per annum with yearly
payments of eleven thousand one hundred eighty-four
dollars and ninety-five cents ($11,184.95) which yearly
payments include both principal and interest. The first
of such yearly payments is due on or before the 30th day
of April, 1994, with subsequent payments being due on the
30th day of April each year for a period of six (6)
years. On the sixth year, which is April 30, 1999, the
entire balance due and owing of said balance, including
interest, shall be payable in full in a single balloon
payment.
All payments as received shall be credited first to interest
and then to principal.
If any yearly installment under this Note is not paid when
due and remains unpaid after a date specified by a notice sent by
certified mail to the undersigned at the address stated below,
which date shall be not less than thirty (30) days from the date
DEED OF TRUST COLLATERAL NOTE - PAGE 1
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such notice is received, the entire principal amount outstanding
hereunder and accrued interest thereon shall at once become due and
payable at the option of the holder hereof. Failure to exercise
such option shall not constitute a waiver of the right to exercise
such option if the undersigned is in default hereunder. In the
event of any default in the payment of this Note and if suit is
brought hereon, the holder hereof shall be entitled to collect in
such proceeding all reasonable costs and expenses of suit,
including, but not limited to, reasonable attorney's fees. Any
costs of certified mailing necessitated by the undersigned's
failure to pay any yearly installment due under this Note shall be
added to any amount then due, and shall be paid by the undersigned
to bring the account current within the time period provided in the
notice sent by certified mail.
The undersigned shall not have the right to prepay the
principal amount outstanding in whole or in part without penalty
without the express written consent of Payee. In the event of any
prepayment by the undersigned, the entire remaining principal
amount due hereunder and a prepayment penalty comprised of the
amount of five thousand dollars ($5,000.00) plus the entire amount
of any interest which is not then accrued but which would accrue
pursuant to the terms of this Note shall be immediately due and
payable. In other words, no prepayment by the undersigned shall
relieve them of the obligation to pay the entire amount of interest
which would accrue during the term of this Note and additionally
the undersigned shall be obligated to make a further payment of the
DEED OF TRUST COLLATERAL NOTE - PAGE 2
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amount of five thousand dollars ($ 5,000.00) in addition to payment
of the entire principle amount and interest accrued hereunder
unless such prepayment is specifically agreed to by Payee.
Prepayment terms, conditions and penalties shall not be nullified
in the event of the sale of the property.
Presentment, notice of dishonor, and protest are waived by all
makers, sureties, guarantors and endorsers hereof. This Note shall
be the joint and several obligation of all makers, sureties,
guarantors and endorsers, and shall be binding upon their
successors and assigns.
The indebtedness evidenced by this Note is secured by a Deed
of Trust, dated of even date herewith, and reference is made
thereto for additional rights to acceleration of the indebtedness
evidenced by this Note.
DATED this So day of April, 1993.
CITY OF BOZEMAN CITY OF BOZEMAN
PARKING COMMISSION
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Tim Fitzgerald
J es E. Wysocki
Chairman City Manager
DEED OF TRUST COLLATERAL NOTE - PAGE 3
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This is to certify that this is the Note described in and
secured by that certain Deed of Trust of even date herewith on real
estate situated in Gallatin county, Montana.
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Tim Fitzgerald
Chairman
ATTEST:
G!~J~
Robin L. Sullivan
Clerk of Commission
DEED OF TRUST COLLATERAL NOTE - PAGE 4