HomeMy WebLinkAboutReal Estate Contract - OT General - 4/28/1978 %LAL Eb 1 rr viv i nr.v, I
(FORM A-1964) diLl-'.10 It I k• r
SAFECO
riQ
i40" AS
THIS CONTRACT,made and entered into this o2,' day of April , 1978
between Russell 0 . Minnis and Mary L. Minnis , husband and wife
hereinafter called the"seller,"and Donald J. Foster and Christine H. Foster , husband and wife ,
hereinafter called the"purchaser,"
WITNESSETH: That the seller agrees to sell to the purchaser and the purchaser agrees to purchase from the seller the following described
real estate, with the appurtenances, in Mason County,State of Washington:
The North 820 feet of the West one-half of the East one-half of the Northwest
quarter of the Southwest quarter of Sec . 21, Twp . 23 ,North, Range 1 West, W.M. ,
in Mason County , Washington; EXCEPTING road rights of way . TOGETHER WITH an
easement over the East 30 feet of that portion of the West one-half of the
East one-half of the Northwest quarter of the Southwest quarter of Section 21,
Township 23 North, Range 1 West , W.M. , in Mason County, Washington, 1 n South
of the North 820 feet thereof . Indexed.
`' l Recorded,
(' camper
Mee --
( The terms and conditions of this contract are as follows: The purchase price is TWENTY-SIX THOUSAND THREE HUNDRED
SIXTY-SIX AND . 51/100 ' the . ------------------------------ ($ 2 6 , 366 . 51) Dollars,of which
TWO TAOUSAND THREE HUNDRED SIXTY-SIX AND 51/1001ths - ---- ($ 2 , 366 . 51) Dollars have
een paid, the receipt whereof is hereby acknowledged,and the balance of said purchase price shall be paid as follows:
TWO HUNDRED AND NO/1001ths .------------------------ 200 . 00 1$ 1 Dollars,
or more at purchaser's option,on or before the 1 s t day of May 1 t9 78
and TWO HUNDRED AND NO/100 ' the .---------- ------ ($ 200 . 00 ) Dollars,
or more at purchaser's option,on or before the 1st day of each succeeding calendar month until the balance of said
purchase price shall have been fully paid. The purchaser further agrees to pay interest on the diminishing balance of said purchase price at the
rate of NINE (9 .0 0%) per cent per annum from the 1st day of May 19 78
which interest shall be deducted from each installment payment and the balance of each payment applied in reduction of principal.
All payments to be made hereunder shall be made at Mr .. and Mrs . Russell 0 . Minnis
or at such other place as the seller may direct in writing.
This Real Estate Contract is subject 15010 Des Moines Way . So .
to an existing Mortgage recorded under Seattle, Washington 98108
Auditor ' s File No . 336554 ; and existing Contract of Sales recorded under Vs
191653 and #223274 , as will as a Quit Claim Deed under Auditor ' s File No . 255101
and an un-recorded contract dated August 8, 1968 : Excise Receipt No . paid 13215 .
As referred to in this contract, "date of closing"shall be May 1 . 19 7 R
(1) The purchaser assumes and agrees to pay before delinquency all taxes and assessments that may as between grantor and grantee
hereafter become a lien on said real estate;and if by the terms of this contract the purchaser has assumed payment of any mortgage,contract or
other encumbrance, or has assumed payment of or agreed to purchase subject to, any taxes or assessments now a lien on said real estate,the
purchaser agrees to pay the same before delinquency.
(2) The purchaser agrees, until the purchase price is fully paid,to keep the buildings now and hereafter placed on said real estate insured to
the actual cash value thereof against loss or damage by both fire and windstorm in a company acceptable to the seller and for the seller's
benefit,as his interest may appear,and to pay all premiums therefor and to deliver all policies and renewals thereof to the seller.
(3) The purchaser agrees that full inspection of said real estate has been made and that neither the seller nor his assigns shall be held to any
covenant respecting the condition of any improvements thereon nor shall the purchaser or seller or the assigns of either be held to any covenant
or agreement for alterations, improvements or repairs unless the covenant or agreement relied on is contained herein or is in writing and
attached to and made a part of this contract.
(4) The purchaser assumes all hazards of damage to or destruction of any improvements now on said real estate or hereafter placed thereon,
and of the taking of said real estate or any part thereof for public use;and agrees that no such damage,destruction or taking shall constitute a
failure of consideration. In case any part of said real estate is taken for public use, the portion of the condemnation award remaining after
payment of reasonable expenses of procuring the same shall be paid to the seller and applied as payment on the purchase price herein unless the
seller elects to allow the purchaser to apply all or a portion of such condemnation award to the rebuilding or restoration of any improvements
damaged by such taking. In case of damage or destruction from a peril insured against,the proceeds of such insurance remaining after payment
of the reasonable expense of procuring the same shall be devoted to the restoration or rebuilding of such improvements within a reasonable
time,unless purchaser elects that said proceeds shall be paid to the seller for application on the purchase price herein.
(5) The seller has delivered, or agrees to deliver within 15 days of the date of closing, a purchaser's policy of title insurance in standard
form, or a commitment therefor, issued by SAFECO Title Insurance Company, insuring the purchaser to the full amount of said purchase price
against loss or damage by reason of defect in seller's title to said real estate as of the date of closing and containing no exceptions other than the
following:
a. Printed general exceptions appearing in said policy form;
b. Liens or encumbrances which by the terms of this contract the purchaser is to assume,or as to which the conveyance hereunder is to be
made subject;and
c. Any existing contract or contracts under which seller is purchasing said real estate,and any mortgage or other obligation,which seller by
this contract agrees to pay,none of which for the purpose of this paragraph (5) shall be deemed defects in seller's title.
(6) If seller's title to said real estate is subject to an existing contract or contracts under which seller is purchasing said real estate,or any
mortgage or other obligation which seller is to pay,seller agrees to make such payments in accordance with the terms thereof,and upon default,
the purchaser shall have the right to make any payments necessary to remove the default, and any payments so made shall be applied to the
payments next falling due the seller under this contract.
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KELI V 1 I R. 268
(7) The seller agrees,upon receiving full payment of the purchase price and Interest in the manner above specified,to execute and deliver to
purchaser a statutory warranty_F f it l.men t deed to said real estate, excepting any
part thereof hereafter taken for public use, free of encumbrances except any that may attach after date of closing through any person other
than the seller,and subject to the following:
Easements, exceptions , reservations , & rights of
record .
(8) Unless a different date is provided for herein, the purchaser shall be entitled to possession of said real estate on date of closing and to
retain possession so long as purchaser is not in default hereunder. The purchaser covenants to keep the buildings and other improvements on
said real estate in good repair and not to permit waste and not to use,or permit the use of,the real estate for any illegal purpose.The purchaser
covenants to pay all service, installation or construction charges for water,sewer,electricity,garbage or other utility services furnished to said
real estate after the date purchaser is entitled to possession.
(9) In case the purchaser fails to make any payment herein provided or to maintain insurance,as herein required,the seller may make such
payment or effect such insurance,and any amounts so paid by the seller,together with interest at the rate of 10%per annum thereon from date
of payment until repaid, shall be repayable by purchaser on seller's demand, all without prejudice to any other right the seller might have by
reason of such default.
(10) Time is of the essence of this contract, and it is agreed that in case the purchaser shall fail to comply with or perform any condition or
agreement hereof or to make any payment required hereunder promptly at the time and in the manner herein required,the seller may elect to
declare all the purchaser's rights hereunder terminated, and upon his doing so, all payments made by the purchaser hereunder and all
improvements placed upon the real estate shall be forfeited to the seller as liquidated damages, and the seller shall have right to re-enter and
take possession of the real estate; and no waiver by the seller of any default on the part of the purchaser shall be construed as a waiver of any
subsequent default.
Service upon purchaser of all demands,notices or other papers with respect to forfeiture and termination of purchaser's rights may be made
by United States Mail,postage pre-paid,return receipt requested,directed to the purchaser to his address last known to the seller.
(11) Upon seller's election to bring suit to enforce any covenant of this contract, including suit to collect any payment required hereunder,
the purchaser agrees to pay a reasonable sum as attorney's fees and all costs and expenses in connection with such suit, which sums shall be
included in any judgment or decree entered in such suit.
If the seller shall bring suit to procure an adjudication of the termination of the purchaser's rights hereunder,and judgment is so entered,
the purchaser agrees to pay a reasonable sum as attorneys fees and all costs and expenses in connection with such suit,and also the reasonable
cost of searching records to determine the condition of title at the date such suit is commenced,which sums shall be included in any judgment
or decree entered in such suit.
IN WITNESS WHEREOF,the parties he AT4 uted this instrument as of the date first written above.
TAX
Rus el 0 Minn (SEA r
(.I i J I977U / J (SEAL)
14 Mary L. M nn s
DoR, N,r R/.0
lreaz., !.1c;:),1 Cr"nty (SEAL)
Donald J . o�F ster
STATE OF WASHINGTON,
ss. 'Ill� _ (SEAL)
County of Christine H. Foster
STATE OF WASHINGTON,
s s.
County ofIl'n,;�-/ 0
SAFECO
On this t� day of April 19 7S, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Mary L_ Mi nn i s to me known to be the individual described in, and who
executed the within instrument for hQL self and also as the Attorney in Fact for R„roP11 n Minnis
and acknowledged to me that q he signed and sealed the same as her own free and voluntary act and
deed for her_self, and also as b„r free and voluntary act and deed as Attorney in Fact for
said Rii RSE1ll "-0, Minnis in the capacity and for the uses and purposes-fherein mentioned,
and that said.ibrin cij'a-1 is not deceased nor insane.
_ Iff MrCNBSSFHEkl*l r 1 have hereunto set my hand and affixed my official seal the day and year first above
writfen:
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r, 17
^^' ' Notary PaNic in aid for the State of Washington, residing at A
TL-33 R2 6/74 Safeco Title Insurance Company—ACKNOWLEDGMENT—SELF AND WNEY IN FACT
OMf'riV Y `
Filed for Record at Request of
Escrow #853
Order No . Q-63363
NAME Mr . & Mrs . Donald J. Foster
ADDRESS P .O . sox 332 SAFECO TITLE COMPANY
nnSTATF Rt'? fair Wash.inQ* n 5�P