ACCEPTANCE of OFFER to PURCHASE COUNTY PROPERTY, Lot 447 Assessors Plat 135

December 5, 1974

MISC. RES. 6901

BY: BUILDINGS & GROUNDS COMMITTEE, Patrick M. Nowak, Chairman

IN RE: ACCEPTANCE OF OFFER TO PURCHASE COUNTY PROPERTY, Lot 447 Assessors Plat 135

TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS

Mr. Chairman, Ladies and Gentlemen:

WHEREAS, the County of Oakland has received an offer from Carmen Lemos and

Felipe Lemos, his wife, to purchase County-owned property located at 105 Augusta,

Pontiac, Michigan, legal description: Lot #47 Assessors Plat 135, a replat of Steinbough

Court, and

WHEREAS, the terms of the offer are:

PRICE: $9,750.00 DOWN PAYMENT: 975.00 (Deposit $100) BALANCE: 8,775.00 @ 8 1/2% MONTHLY PAYMENT: $125.00 (payable within 5 years or before)

WHEREAS, your Committee recommends acceptance of the offer to purchase the above described County-owned property.

NOW THEREFORE BE IT RESOLVED that the offer of Carmen Lemos and Felipa Lemos, his wife, to purchase the above described County-owned property be and is hereby accepted.

BE IT FURTHER RESOLVED that the Chairman of the Board be and he is hereby authorized to execute the necessary documents to effect said offer acceptance.

Mr. Chairman, the Buildings & Grounds Committee, by Patrick M. Nowak, Chairman, moves the adoption of the foregoirgresolution.

BUILDINGS & GROUNDS ,

Patrick M. Nowak, Chairman #6901

Moved by Nowak supported by Button the resolution be adopted,

AYES: Houghten, Kasper, Lennon, Moffitt, Montante, Nowak, Olson, Fatnales, Perinoff, Pernick, Richardson, Walker, Wilcox, Berman, Coy, Dearborn, Dunleavy, Gabler, Hobart. (19) - 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 I have compared the annexed copy of

...resolution #6901. adopted. by. the. Boarg . of . Commissioners P.11.91c.m.99tin

held on December 5, 1974 •••a 60 • a•••••sa ••ep ea Pee...... e • • ...... pemae pee 00 00 PP. • 00..0 P 00.00 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

6th... ...... day of ..December

Lynn D. Allen ...... „...... Clerk

By ..... ...... ...... Deputy Clerk

WITH ALI-ERNA:LE Atin 'INSURANCE PROVRiii)NS • UPTON ABSTRACT & TITLE COMPART FORM 11.5• 11 1, 1..•

January 75 kg1 V (flT Made this day of . . , 19 betw„„ COUNTY OF OAKLAND, a Mfchjuan ConslJtutional Corporation, Peruse hereinafter referred to as the "Seller," whoseaddressis 1200 N. Telegraph Road, Pontiac, Michigan 48053,

and CARMEN LEMOS and TELMA LEMOS, his wife,

hereinafter referred to AS the "Purchaser," whose address is ------173 Augusta, Pontiac, Michigan 48053, iilithieEM 04: A5N-gu< 1. 'THE SELLER AGREES AS FOLLOWS: xxisxmml, Description Pontiac of Premises (a) To sad and convey to the Purchaser land in the City of. On k Land .County, Michigan, described as: - Lot #47, Assessorls .Plat 135, a repiat of Steinbau.gh,Ceurt and Lots 139 to 149 inclusive, 197 to•220.inclusive, 258 to . _ 264 inclusive, 270 to, 273Tile_iulme„.. 291 ____________• and parts of Lots 265 to 269 inclusive, Sanderson and Johnsion's Addition, part of the northwest 1/4 and part of the southwest 1/4 of Section 29 1. City of POntiac, Oakland - County, Michigan, as recorded in Liber 44 of Plats, Page 43, Oakland County Records.

— together with ell tenements, hereditsments, improvements and appurtenances, includin g all li ghtin g fixtures, plumbing fixtures,

shades, VenFt;17 blinds, curtain rods, storm windows, storm doors, screens, awnin gs, if an y, and ___________ .______ now on the premises, and stitject to all applicable buildin g and use restrictions, end easements, if any, affectin g the premises. Terms of (b) That the cans4demtion for the sale of the above described premises to the Purchaser is: P riymeni. NINE THOUSAND SEVEN HUNDRED FIFTY and 00/100 ($ 9750.00 ) DOLLARS,

of which the sum of NINE HUNDRED SEVENTY FIVE and 00/100 :- ($ 975.00 ) DOLLARS,

has heretofore been paid to the Seller, the receipt of which is hereby acknowled ged, and the balance of EIGHT THOUSAND SEYEN :HUNDRED SEVENTY F VE an_d_00/10.0 _7 Q _____ DOLLARS, is to be paid to the Seller, with interest on an y part thereof at an y time unpaid at the rate ofe ight on alf per" cent. per annum while the Purchaser is not in default, and at the rate of e i_g_ht _ one— 8 %) per cent per annum when and as often as the Purchaser is in default. This balance of purchase rnon.Vdnd interest shall be paid in monthly installments of

ONE HUNDRED TWENTY F 1V E...._arld Q0/100 — (s_ 125 .00 _) DOLLARS

■VOCh, Or MOTO at Dirchaser's option, an the day of each month,

beginning ., 19 75 ; said pa yments to be applied first upon interest and the balance on principal ; PROVI , the entire purchase mone y and interest shall be full y paid within five (5) years from the date hereof, an ything herein to the contrar y notwithstandin g. Seller's (c) Upon receiving pa yment in 'full of all sums owin g herein, less the amount then due on an y existing mort gage or Duty to mortgages, and the surrender of the duplicate of this contract, to execute and deliver to the Purchaser or the Purchaser's Cerrecy assigns, a good and sufficient Warrant y Deed conve y in g title to said land, subject to aforesaid restrictions and easements and subject to an y then existing mort gage or mortga ges, and free from all other encumbrances, except such as ma y be herein Set forth, and except such encumbrances as shall have accrued or attached since the date hereof throu gh the acts or omis- sions of persons other than the Seller or his assi gns. To ftimich (d) To deliver to the Purchaser as evidence of title, at the Seller's option, either a Policy of Title Insurance or Title - Abstract of Title, the effective date of the policy or certification date of Abstract to he approximatel y the date of this con- Zeiderice tract, end issued by the BURTON ARSTRACT AND TITLE COMPANY of Detroit. The Seller shall have the ri ght to retain possession of this evidence of title durin g the life of this contract and upon demand, shall lend it to Purchaser upon the pled g - ing of a reasonable securit y.

Purchaser's 2. THE PURCHASER AGREES AS FOLLOWS: Duties (a) To purchase said land end pa y the Seller the sum aforesaid, with the interest thereon as above provided. (b) To use, maintain and occup y said premises in accordance with an y and all restrictions thereon. (c) To keep the pzernises in accordance with all police, sanitar y and other re gulations imposed by any governmental authority. To Pay Taxes (d) To pay all taxes and assessments hereafter levied On said premises before an y penalty for non-pa yment attaches and keep thereto, and submit receipts to Seller upon request, as evidence of payment thereof-also at all times to keep the buildin gs Premises now or hereafter on the premises insured a gainst loss and damage, in manner and to an amount approved b y the Seller, and Insoied to deliver the policies as issued to the Seller with the premiums full y paid. ry—-cc7.st.— of Taxes, Assessments and Instrr ■ Alterrlate - 11 the amount of the—TSTirTirTie uce is inserted in the folic -05,.—ii-4:23-tiTt;:----. Payment graph 2 (e), then the method of the pa y ment of these items as therein indicated shall be adopted. If this .arttnt is not Method then Paragraph 2(e) shall be of no effect and the method of payment provided in the eeecEng Paragraph 2(d) shall be affective. Insert amount, (e) To pay monthl y in addition to the monthl y payments herein beftipfirs-le:Cthe sum of if advance — monthly Dor.t„Aaa-r- hich is an estimate a the monthl y cost of the taxes, installment assessments and insurance premiums for said prerniseswhictrchall be credited b y the Seller on the unpaid principal balance method due on the contract. If the Purchaser is not in.ade_1_,.uIrfinder the terms of this contract, the Seller shall pay for the Purchaser's of tares and account, the tapes, assessments and ins yatsce—premioras mentioned in Para graph 2 (d) above when due and before an ineurance y to he adopted penalty attaches, and submit rec therefor to the Purchaser upon demand. The amounts so paid shall be added to the principal balance of this ,co- act. The amount of the estimated monthl y payment, under this para graph, ma y be adjusted from time to ti g__srs--tfi—aq the amount received shall approximate the total sem re quired annuall y for taxes, assessments and adjustment shall be made on demand of either of the parties and an y deficiencies shall be paid b y the 1....ipon the Seller's demand. y dated Accepe.arice (0 That he has examined' a Title Insurance Polic December 5 1974 at 8:00 A.M. YO.540çit0,:af>T4trè< C4-kciIiiK3

3. THE SELLER AND PURCHASER MUTUALLY AGREE AS FOLLOWS:

Mortgage by (a) That the Seller may, at any time during the continuance of this contract encorriber said land by mortgage or mort- Seller gages to secure not more than the unpaid brioce of this contract at the time such mortgage or mortgages are executed, Such mortgage or mortgages shalt be payable‘ ,1.1 not less than three (3) years from date of execution thereof end shall pro- vide for payment of principal end 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 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 shell be sent to the Purchaser by registt,red 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 lien of any such mortgage or mortgages. In event soid Purchaser shall refuse to execute any instruments demanded by said Seller and shall refuse to accept such registered mail hereinbcfore provided, or said registered 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 sense as if said Purchaser had consented to the execution of said mortgage or mortgages, and Purchaser's rights shell 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 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 mortgage or mortgages. Encumbrances (b) That if the Seller's interest be that of land contract, or SICPW or hereafter be encumbered by mortgage, the Seller on Seller's shaft meet the payments of principal end interest thereon as they mature and pro-duce evidenca thereof to the Purr-baser on Title 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 Purchaser 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 contained, a conveyance shall be made -in the form above provided containing a covenant by the grantee to assume and agree to pay the same, Non-p,n,rnent (o) That if default is made by the Purchaser in the payment of any taxes, assessments or insurance premiums, or in of races or the payment of the sums provided for in Paragraph 2 (e), or in the delivery of any policy as hereinbefore provided, the asuratce 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 l (b) hereof. Assignment (d) No assignment or conveyanOe by the Purchaser shall create any liability whatsoever against the Seller until a dup- by Purchaser licate thereof, duly witnessed and acknowledged, together with the residence address of such assignee, shall be dolivereel to the Seller. Purchaser's liability hereunder shall not be released or effected in any way by delivery of such assignment, tar by Seller's endorsement of receipt and/or acceptance thereon, Possession (a) The Purchaser shall have the right to possession of the premises from and after the date heroof, unless otherwise herein provided, 4nci be entitled to retain possession thereof only as long as there is no default on his part in carrying out the terms and conditions hereof. In the event the premises hereinahrive described ere vacant or unimnitn,-ed, 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. Rlghe to • (f) If the PurchaSer shall fail to perform this contract or any part thereof, the Seller immediately after such dastilt Forfeit shall have the right to declare the same forfeited and void, and retain whatever may have been paid hereon, and all improvements that may have been made upon the premises, together with additions end accretions thereto, end 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 end put out. In all cases where a notice of forfeiture is relied upon by the Seller to terminate rights hereunder o service of such notice shall be preceded by a notice of intent to forfeit the contract-served at least ten days prior thereto. Acceleration (g) If default is made by the Purchaser and such default continues for a perind of forty-five days or more, and the Clause Seller desires to foreclose this 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 heroin 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 deed to be made in fulfillment hereof, (1) Time shall be deemed to be of the essence of this contract. (j) The individual parties hereto represent themselves to be of full age, and the corporate parties hereto represent themselves to he valid existing corporations with their charters in full force and effect, Notice to (it) Any declarations, notices or papers necessary or proper to terminate, accelerate or enforce this contract shall be Purchaser presumed conclusively to have been served upon the Purchaser if such instrument is. .enclosedin 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 raceipted for in writing by the Seller, and if said envelope is deposited in a United States Post Office Flax,

A drfflionsf (I) ...... ( 1)____ Purchaserar a_ .F-es to purchase property i n its Dret .s en cond. t ion Clauses

The pronouns and relative words herein used are written in the mescaline arid 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 hcrein shrill bind the heirs, devisees, legatees, assigns and successors of the respective parties.

'flMittil.efi tr4irrrrti, the parties hereto have executed this contract in duplicate the day and year first above written. COUNTY OF OAKLAND, a Mich igan Cons t I tlit i ona 1 C9,rpo,9-Iti on . _ ff. II ..:,l i„.„, B I : 1/./4' L '- --'", \_.._ Li. L.,-_,..,..,. ...___... Richard R., NH COX Chairman

• en?

Jact< - CARMEN L.E1.10S ton' i) • nernad ne Twar-op

STA.Ti; Act Form COUN TY 're 'or f day of January red_Seventy7F OH thiS_____:Z._.._.. . in the year One Thousand Nine I/ un d i ye before roe, the subscriber, a Notary Public in and for said County, app-eared CARMEN LIMO'S and FELIPA LEMOS, his wife

to me known to be the persen_Sdescribeci in and who executed the foregoing instrument end respectively at,r4ledged the The I e]:ecution thereof. to be... r free act and deed, and who hav.e-Nworn that they are overWyears of age. 7 •

C. ___ JWCR -C-. flays Notary Public, 9/18/78 Ohki and My commission County, Michigan

Use thi3 STATE OF MICIfiCiAN Ack.rw,tv 1.d 4- raen t Form Oakland C OUNTY ______for CorporaCiens On ______day of December in the year One Thousand Nine fiundred5OVUTI - F.C"--1,1- before sire, tha subscriber, a Notary Public in and for said County, personally appeared __ Richard R, Wilcox

and______ ____________to ma personally icnovvn, who being by me duly sworn did say that they are _ Chairman and ______f e, e County of Oakland , and that the seal affix&..1 to said instrument is the corporate seal of said corporation, and that said instrument was s i gned and sealed in behalf of said corporation, by authority of its board of directors, and Richard R. WilcQx and acknowledged said instrument. to be the free act and deed of said corporation,

Bernadine Twarog N°1.-CYlzbl t ic, My Commi7.7ion aspires 9-19-75 Oakland County, Michigan

Drafted b-Y: tack C, Hays Business address: 1200 N. Telegraph Road Pontiac, Michigan 48053

PAYMENT SCHEDULE

PAY-A.71LE AT Oakland County Reimbursement Division 1200 N, Telegraph Road Pontiac, Michigan 450-53 Unles,s ri6tified by Seller in writing to the contrary.

INTEREST PRINCTEAL riAtAncnOE PAYING DAM PAYMENTS PAYMENTS PATINCIPAL SIGNATURE IZste R I iNTEREST TO — By 6...„775 00

_ _

....

SepArate plyrnent n.chedrerl will be furnished upon request by the BURTON ABSTRACT A.741D TITLE CO.

:.:._,„.:,:,,...,....„.„..:L ,..„. 2/ ABSTI1ACT A 'NILE COMPANY

• THE - ALTERNATE TAX AND INSURANCE PAYMENT METHOD ABSTRACT TITLE COMPANY

967)0(act A choice of methods for payment of taxes and insurance is provided by this TiTLE INSU RANCE WITH ALTERNATE TAX AND INSURANCE contract. A BST RA 07- 5 PROWSIONS Rnag^r METHOD—Direct payment by ESCROws, Purchaser H the purchaser is to pay taxes and insurance, the blank space in Paragraph 2 (a) should be left blank.

SECOND METHOD— Installment Pay- DETROIT AREA OFFICES ment M Seller WAYNE COUNTY DOWNTOWN C.> If the purchaser is to pay taxes and Dr:ARS-301w .EAST SIDE WEST SIDE insurance to the Seller in installments, the 350 Congress St., East 751 Griswold St. 23520 Michigan Ave. 1 .0440 Whittier Ave. 19260 Grand River 1A-1—j estimated monthly installment should be DETROIT 48226 DETROIT 48226 DEARBORN, MIcIl, 48128 DETROIT 48224 DETROIT 46223 entered on the blank space in Paragraph Phone 9(14-5000 Phone 964-5000 Phone 562-7017 Phone 527-7323 t.4.1 2 (e). Phone 537-1900 irk (Ares Code 313) (Area Code 313) (Area Code 313) (Area Code 313) (Area Code 313) Accounting: Such installments should be included with principal payments and MICHIGAN REGIONAL OFFICES deducted from the unpaid principal when paid. When the Seller pays taxes or insur- CALHOUN COUNTY CHEBOYGAN COUNTY CLINTON COUNTY ance, the amount paid should be added to 15 2/2 Capital Avenue, N.E. 318 Main Street 119 N. Clinton Street the unpaid principal, and a note of the item BATTLE CREEK, MICHIGAN 49014 CHEBOYGAN, MICHIGAN 49721 ST. JOHI, S, MICHIGAN 48879 paid should be made in the margin. Phone 965-2313 (Area Code 616) Phone 627-7181 (Area Code 616) Phone 224-3294 (Area Code,517) GENESEE COUNTY If this Second Method is used, it may INGHAM COUNTY CITY OF DETROIT TAXES become a lien 1221 Beach Street JACKSON COUNTY Ott July 15th and are payable from that date be desirable for the Purchaser, at the time FLINT, MICHIGAN 48503 Suite 5A Southland Complex of closing, to advance enough money for Phone 239.4646 (Area Code 313) 633 E. Jolly Road, LANSING, MICH, 48911) 414 South iaason Street to August 3Ist without penalty. This tax Phone 393-8000 (Area Code 517) JACKSON, MICHIGAN 4920.1 may be paid in two parts, without interest, taxes and insurance, so that said advance- KENT COUNTY Phone 789-6113 (Area Code 517) if one-half is paid on or before August 15th, ment plus installments to become due will One The Trust Bldg. LAPEER COUNTY be sufficient to cover the first year's taxes Ga.ANo RAPIDS, MICHIGAN 49502 and the second half paid on or before Janti- Phone 451-2591 (Area Code 616) 270 North Court LENAWEE COUNTY ary 15th. The fiscal tax year is July 1st to and insurance. LAPEER, MICHIGAN 48446 MACOMB COUNTY Phone 664-8547 (Area Code 313) 118 West Maple Avenue June 301h. AantAix, MiCHISAN 49221 118 Cass Avenue Phone 265-6104 WAYNE COUNTY TAXES become a lien MT. CLEMENS, MICHIGAN 48043 IvIUSKEGON COUNTY (Arta Code 313) on December 1st and are payable from that Phone 463-8623 (Area Code 313) 1042 Terrace Street date to January . 15th without penalty. The 8242 East 12 Mile IvlusanooN, MICHIGAN 49443 OAKLAND COUNTY WARREN, MICHIGAN 48093 Phorse 772 - 1121 (Area Code 616) 1550 North Woodward Avenue fiscal tax year is December 1st to November Phone 757-1640 (Area Code 313) 30th. BIRMINGHAM, MICHIGAN 48011 SAGINAW COUNTY WASHTENAW COUNTY Phone 647-2100 (Area Code 313) 406 First Savings & Loan Bldg. 116 North Fourth Avenue 4626 W. Walton Blvd, SAGINAW, MICHIGAN 48607 ANN ARBOR, MICHIGAN 48108 DRAYTON PLAINS, MICHIGAN 48020 Phone 755-7704 (Area Code 517) Phone 663-9395 (Area Code 313) Phone 674-4147 (Area Code 313)