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HomeMy WebLinkAboutResolution - 011471A - Sales Contract - E.L. Eby Wilder - Lot 19, Lortondale Additon, Installment #2 - 01/14/19716//4/7//9 SALES CONTRACT This contract of sale has bee entered into by and between EVELYN LOUISE EBY WILDER of Count Colorado y, , hereinafter called "SELLER"; and the CITY CF LUBBOCK, a Home Rule Municipality, of Lubbock County, Texas; hereinafter called "BUYER". WITNESSETH: The SELLER agrees to sell to the BUYER, and the BUYER agrees to purchase, upon the terms and provisions hereof, the following described real property, situated in Lubbock County, Texas, to -wit: All of Lot Nineteen (19) of the Lortondale Addi- tion, Installment No. 2, an addition to the City of Lubbock, Lubbock County, Texas, according to the map or plat thereof filed for record in the Office of the County Clerk of Lubbock County, Texas. The purchase price agreed upon for the purchase of the above des- cribed property is SEVENTEEN THOUSAND FIVE HUNDRED AND NO/ 100 ($17, 500. 00) DOLLARS, to be paid in cash upon the consumation of the sale as provided below. The SELLER agrees to furnish BUYER an' Owner's Policy of Title Insurance (to be purchased at BUYER'S expense) tax certifiecates showing no delinquent taxes (current taxes, insurance and rents, if any, to be pro- rated to date of closing) a General Warranty Deed to be recorded at BUYER'S expense, conveying good and marketable title, subject only to the following: the right of SELLER to remove personal property not attached to the improvements. Owner's Policy of Title Insurance is to be furnished hereunder, the same is to be delivered as and when the sale is closed, which shall be with- in fifteen (15) days from date hereof unless attornys for said Title Company discover objections to title, in which case sale is to be closed when objections are removed, provided the objections are removed within a reasonable time, which in no event shall extend beyond thirty (30) days from date hereof. It is agreed that by the delivery of Owner's Policy of Title Insurance (form prescribed by State Board of Insurance of the State of Texas) under the terms of this contract, dates as of the date of closing and issued to BUYER in the amount of the total sales price, guaranteeing BUYER'S title to be good and indefeasible subject only to the foregoing exceptions, if any, and the following: 1. Restrictive covenants affecting the land des- cribed or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, _ br any overlapping of improvements. 3. All taxes for the current and subsequent yea -rt. 4. Rights of parties in possession. all duties of the SELLER bs to the sufficiency of title required hereunder. shall be deemed to be fully performed by SELLER; however, SELLER shall nctthereby be released from the warranties of his deed. Time is of the essence of this contract. Upon failure of either party hereto to comply herewith, the parties may at their option deelare this contract null and void or enforce specific performance of the same. In addition, if title is found objectionable and is not cleared within the time provided, BUYER may delcare the contract null and void or enforce specific performance hereof or seek such other relief as may be provided by law. The SELLER will give immediate possession of the premises upon closing of sale. Executed in multiple copies this 14th day of January , 1971. SELLER: THE STATE OF TEXAS X COUNTY OF LUBBOCK I BUYER: CITY 09/LMBOCK R J1/XLPBRANBERRY ATTEST: r Lave 'a Lowe, CitySecretary-Treasurer EOd issiorn'; i $enters Jr., City Attorn BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared J. H. GRANBERRY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and consi- deration therein expressed, and in the capacity therein stated. NEN UNDER MY HAND AND SEAL OF OFFICE thisday of 1971. ' J ary. Public, -Cub oc "r6iim!I'T 'TeU - THE STATE OF COLORADO; I COUNTY OF BEFORE ME, "the"undersigned authority, a Notary Public in and for said County, Colorado, on this day personally appeared EVELYN LOUISE EBY WILDER, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes ''and consideration therein expressed and in the capacity therein stated. EN UNDER MY HAND AND SEAL OF OFFICE this day of 1971. otary Pu is .` County, Colorado MY G�i�MtSS10EV�RIRE�,YW�V, �� 1�__