HomeMy WebLinkAboutDOCS - 99-00031 - 105 Dividend - Real Estate OfficesWARRANTY DEED
For Value Received THE CITY OF REXBURG, A MUNICIPAL CORPORATION
Hereinafter
called the Grantor, hereby grants, bargains,
sells
& conveys t
JEFF L.
L ERWILL a married man as his
sole
and property
�,vhose address is.- 1353 North 2000 East, Rexburg, ID 83440
Her inc,ifter called the Grantee, the following described prreM'SeS situated in Madison County, Idaho, to -wilt:
Loot 1, Block 4 of the Rexburg Business Park Subdivision, Phase No. 1, alt of Rexburg,
M dismi County, Idaho as per the recorded plat thereof.
Also the
West 43.0
feet of Lot 2, Block 4 of
the Rexburg Business Park u hd i inion, Phase No..
1, City of
Rexburg,
a i ou County, Idaho
as per the recorded plat thereof.
SUBJECT TO all. easements, right o f ways, covenants, restrictions, reservations , applicable building and zoning ordinances and use
regulations and restrictions of record, and payment of accruing present year taxes and assessments s agreed to by parties above.
TO 14AVE AND TO HOLD ffiesaid premises, with their appurtenances unto the said GFantee and to theGrantee's heirs
and assigns forever. And the said Grantor does here covenant to and with the said Grantee, that the Grantor is the owner in fee
-simple of said remises; that said premises are Free frons all encumbrances except current years taxes, levies, and assessments, and
except U. S. Patent reservations, restrict ions, easements, of record, and casenients visible upon the preniiseS, and that Grantor will
warrant and defend the same from allclaims whatsioever,
Date& September 20, 1999
THE
t
a
OF AXI . I. �,MUNICIPAL CORPORATION
STATE OF IDAHO
a
S
County of M idi on
On this 20th d e t �� r, i ' , before im , thetinderr� d, a Notary u ll in �a for said State,
erns care
Rexburg, a mun'lcl'pal corporation, that executed the for i'instrument and acknowledged to me that sLicli
city executed the same.
IN W171NESS WHEREOF, I have hereunto set my hard and affixed my official seal the day wid year in
certifiate first above written.
__c
Notary PublicIor Iloilo
Residing
M y
Coilml-ssl-oll hxpi-resrY
L - LEIGH
STATE OF IDAHO
NOTARY-* 0 � PU 13LI
a
QUI'T'CLAIM DEED
:. For Value Received ALANA LERWILL, Ii 11111M-ried woman
do hereby corlvey� refease� ren-lIse and forever quit claim unto
JE FF LW ILLSr*ed manri as his sole &
separrate proper
whse iqddress iso 1353 N 2000 Fast, Sugar
the following described
Premise's sit"Llted ill Mdisn County,
Lot 1, Block 4 of the Rexburg Busi-ness Pirk Sub-divisioii, P11111se No. 1, City of Re
Id -t 19
Also the West 43-0 feet of Lot 2 of
tile. Rexburg Buslrjess Parkubdi i i r Pb ase Nov. 1city of
Rexburg, M*son Comity, ldaho as Pff flic reg
• L k
3
f
• k
_ l
Dated: —
a nfa Lcrwill
STATE 1 IDAHO
+ 4
COUNTY r MADISON
On Thi -s IM day ��� � � � ��iL�er � in the +�a�� 1 , Lelbr o rYl.ca !'ot��r gal �c�. �� �����i �`�- � •
nally appeared Manz L r ill, known or iclej) yft�i to nie- to be aril State,
111S1r1.1r)j ejj t, and acknowledged tO Inca ��r� ����•Soil Whose maln e is Subscribed to tile w itlj ill
Cw ALISOWNotary PuA
fid h�
Residing .� ldali�VQTARY F�JBLIC, �TA�E pF �D,AHQ
Corr�stiissipires
1�
A.
Escrow Ntxrber 5798
Officer Lorna - Leigh
Date 9/20/1999
Buyer: AITIANCE 1031, INC.- , Jeff 11jerwill., Exchanger
To: F'IRS'T AMERICAN TITTLE =ANYr REXBURG f ISO
I ner t purchase L er i aft r described
property for a total cowl rat 10 . of
�
$31,000-00 and will 0n or before closing hand 0u said cons icleration,, which is payablea
follows
$31,000,00' a h at Closing, Plus Or Minus ClosingCosts
I will deliver t0 you any, additional funds and execute any instiqzaents which are necessary
to coryply with the terms hereof all 0f which you may use when you hold for ae a Warranty
Deed fr
THE CITY OF BURG, A =CIPAL0RPO1 .'TIOTS
and whei
you
can issue
your standard coverage
form licy
of title it urane with liability
0f
1 o
0 0 0 .0 0 f cern
the prcperty descry
on attached
Order No. M- 2 63,0
0 TH' T I TLE �=TED I; J f f L. Len%ill , a rrarried man as hissole & separateproperty
1. Paragraphs 1 through 6, 7 Tolith referenceto the parcel number, and 8 through 10, 0f
Schee 13 of Comtit for Title Insurance,, Order N. M-26309, a copy of which is
attached reviewed and approved -
2.
r d. Other: N/A
OTHER INSMUCTIONS -. None
I AND/OR QST THE FOLLOWTNG AS OF: 9/20/19
1. Tis based on the mount of the last tax tat t of the fax Collector issued prior
to the close of escrow. ( for 1998, owned by City, tax exempt) (If the arut Of
the new tax bill issued by the Tax Collector after close Of escrKxv is mrer less
than the mount used for proration purposes, the difference, -if ar iy , will be a j u t ed
by the pies r i -n Outside Of escrow.) Sellers are to forward to buyers an
present Or future- tax bills on property herein
2. Levies and at f N/A.
. Interest on all existing trust deeds, irrprovements assessinents and/or bonds t men Over
by Buyers*
. Rental or Lease per renttate-memt or lease statement handed you
. Charge the buyer and credit the selier the aunt Of any funds held in an impound
account, if any, j_n tonne t i re with a �st:Lng loan.
I heresy agree t0 hold you harm -less fry the failure Of the transfer of water t0 aTysel f
regardless of the reason Or cause. If the transfer Of water i n done as a part of this
closing, it i n done as ars a c tion for me, I understand that you have not sae a
search of the water rights t0 this land. I fah r`
dertai that you not
Lor est itch Lte r= andant =in said water rights.
T herd agree to pay charges including n usual l u r s crow fee and any aces ars
expenses that are properly chargeable to me regardless f the t ion of this escrow.
At the close cf escrow, Yu are t0 deliver all docunents.,etc. t0 the persons entitled
thereof.
F Ir t r ri,ca n has used reasonahle commercial efforts tt r� that tai. depository
arid � r �r ialrnr l �
selected First t uri an are agile Of processing
tr�� t i Ons without error. due t dates field related cam. uter r� in errors
incl
wit ut llTr'tati of ear 20001T errors. However, First -Amp-rican expresslyexpicessly disclaims az
iy
liability resulting ultin fr rn date field, related tetter roc m_ errors luc re without
limitation, "Yeas' 200011 errors, Of third pal -ties Upon w% -n First: tri On in
IL
pr inn escrows and/or titles arid over which x Fir t Ai-,gerican has no tong r l .
CLOSING ESCROW INSTRUCrIONS, Page 2
Escrow No. 5798
G�L PROVISTCOS
All diqbL)xseffents shall be n-ade by your check. All funds, received in this escrow shall be deposited in Me
or more of your gen,-ral escrow accountswith any bank doing hus' ss in the State of Idaho and may be transferred
to any other genea7al escrow account or accomts. Upm specific instructions from all parties to itis escrow, you
may hold funds as otherwise instructed here,in.
The expression, "'close of escrow" means the cute on which instri nts referred to herein are recorded
unless othel-WI-se indicated herein -
RecoWatica-i of any instraments delivered th=agh this escrcw, if necessary or prcper iii Lhe ism -ice Df a
policy of title insurance called is hereby authorized.
ructioris, amendTents thereto, clos ing statei-re?nts angl/or any other
You are to f�ir_rdsh a -ie copy of t'l -se instL
documents deposited in this esc=.: . to the lender or lenders, the real estate broker or brokers and/or the attorripy
Or attomeys involved in this transaction upm request of Such lenders, hrokers cr at{--omBey 8.
Should you, before or after close c)f escrc,pix receive or become awe of any conflicting demarAs, or claims
with respect to tis escrow or the rights CrE any of the parties hereto, or any mney or property deposited here -ii -I
or affected hereby, you �jj have the right to discontinue any or all further acts on your part until such
ccz-Lflict is resolved to your satisfaction, )u shall have the tta-Lher right to commence or defend any actim or
proceedings for the deter pati of slach cca-iflii-,t.
The parties hereto Jointly arA s8ve
I rally agree to pay all costs, darnages, judgTents and includ'
reascT-�le attorney's fee8 uuffered or incurred by you LT1 cotm-iection with, or arising out of this -escrow, Ing
includ'
_M91 but wit-1--iout litidting the generality of the foregoing, a suit in int erpleadi--r brought by you -
If any party to tl-ds escrow elects to cancel these =i-Stxuctions because of the fall-La-�_- of ami y party to
comply with any of tlY-- terms hert--of within the tip limits provided herein, said party so electing to cancel shall
deliver to escrow agent a VF-c-itten notice to the other part y and escrow agent dermnding that- said other party ccuply
with the terms hereofwithin ' ten
days from the receipt of said notice by escrow agents that these int ructiorLs
shall hereupon heccae canceled. Whm-i the written notice- is delivered to escrow agmt by the party so clecting to
cancel, escrow agent shall within five days thereafter send a copy of said notice to the otlger party iin the maraner
provided hy law and the usual practices of the escraw agent.
In the event said other party &011 fail within Said ten day period to -comply with all of the terriLs hei_-of,
these instract i� shall becon-e canceled and escrow agent is Cher eyup cm authorized: (a) first, to pay to the party
electing to cancel. any money dem8ited hereLmider by said other party, after dedLicting any charges; (b) seccnd, to
pay to said other p.rt y, any other money deposited hereunder by said other party, after deductiiag any charges
re[ra=ung uppaidi (c) third, to pay to the party electing to cancel, any mDriey deposited by said party, after
deducting any charges rernaining unpaid, and (d) fou-i-th, to return domm-ents deposited hez7etuader to the party
who delivered the same except documents exe=ted by more thaTi one party, which shall be irarked "canceled" and
retained in t1le files of escrow agent.
Ek:)th Seller and Buyer acknowledge by their signatures hereon the following.- We/I have been �ciifical-.Iy
1nfcrm-_ad that First Aneri-can Title Craypany (hereinafter desisted "First tri can) is not licensed to practice -
law and no legal advice has been cffered by First Aperi can or any of its errploye-es. We/I have been fint her
b �
=oYrred that First American is acting cnly as escrow holder and that it is forbidden by law fcrn offering any
advice to -any party respecthig the merits of this escroL..r tr�actio.Tj or the nature of the instr��ts utilized, and
that it ha,5 not done so.
We/I have roc been referred by First Arner'
ican to any rkamd attorney or attc>yyjeyS or
discouraged from seeking advice of any attorney, bat have been requested to seek legal couns-,ei of oijr/a� own
choosing at Eny c)e_xpepsej if we/I have daft C0r1CeZ_n
ing any aspect ofthis act icy
I further declare all imtaments to which I arm a party, if prepa_.�-ed by First Arerican, have heen prepared
r the direction of my attorney or rryself, and Particularly declare that
urger copying legaldescit:ipticns fixn title
reports onto forms of deeds, etc., or reformixig of legal de-scriptions or agyeeat�nts, is, or will he sclely at my
direction or r`equeqt_-.
I have heen affcrded adequate tin -e and cppoxtunity to read and uriderst-and these escrow instructians and all
other docuTent s referrend to Lherein.
DISCLOSURE OF TAXPAYER T.DEXI'I F I CATION NUeERS
Int ezrial Re -venue Code Section ruin (h IiTposes requirements for furnishi-ng, discIos-ing, and including
taxpayer idantificatica-1 numhers in tax returT)z to a residetntial real estarl.-_e transaction involving scIler-provided
fJL. rianciru3. The parties tmderstand that thEa disclosure reportixig rec '
p_iruTents arm exclusive obligations between tfte
parties to this transaction and First Aj)erjCan Is not obligated t0 transmi-it Lhe taxpayer identification numhers to
the lie venue Service or to tbe parnies. First Anerican is riDt renderLrig an cpinion concerninq the effect
Df thilaw in this transaction, and the parties are not acting on any statements made or omitted by he t escrow or
closing officer.
To facilitate corp jjarje-e with, t:�, -ds law, the parties to this escrow hereby aiithorize First American to
release any party] s taxpayer identification nunber to an requesti-ng party who is a party to th-is t=isactionThe
requesting partes shall deliver a written request to escrow. The paities hereto waive all .
rights of confidential
regarding their respective taxpayer identjfjirs ae to
c�at� nUTIbend agreIola ity
on First Amrimharmless against any
fees, Costs, or judgen-ents i
nurrbers. in=red and/or awarded in connection with the release of taxpayer identificaticn
PENALTIES
Penalties for failure to cy wiji 11 s likzely be as-5esedagairLSt the individual taxpayers for failure
to Provide the information -
Any arrendmfa-n'1-_s of and/or sup
,.pleaearit to any instruct'
IMS Mmt be in writing, If any "Famest Money
Agreen cent -s "Receipt: and Agreements to Purchase,, or the like are attached to these- instructioris and orie or rore
terms of said agreearents ccnflict with 0.11- vary from these iTvstrutions., tie ;c- instrLictions shall, rieve�iess,
control
The Seller agrees to sell and the Buyer agrees to buy the property 1-jr ibed upon the
terms hereof.
Buyer-ALL:SCE n3l., INC
-
Exclbanger-Jef
2
Address; 1353 1No-_r-Lh 200() East
Rexhurg, IID B3440
EP 1 "139 01:06PM RLLIRNCE01 INC208-364-1429 29 Pt 10
SEP 17-1999 3: 41 FIRST SER I CPX 3 , 20@ 35e 3
669 P,06
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�Aial
taxpayers for failure
AM -
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1 4- OLD
W
=SIG ESCRCW INSTRUCTIONS, Page 3
Escrow No. 5798
SM =1: TEE CTTY OF BURG, A MUNICIPAL CORPORA�rJCN
I/We aPPrOve Of the foregoing
b Instruc'LIC)ns agree to he hOW-id there0f
will del'ver to ycu papers, II-Lstruct. -, and agree to sell a, -,Li
lons and/()r funds, requiried, f-r0m me within the tin -e
"ra'ts sPecifie-d herein, which you are authc)rizc-d t,0 deli -ver when V
of title u"surance as set forth ahove. ou can issue your ]_ICY
YOu are instructed to use the money and record the
�nstrin_ents tO comply with said escrow instrLi4c4-ior)s and to pay aL.11
necessary L. encuffirances of record
without further approval J j
Inc ud:Lng Prepayment penalties to show tiLle as herein
PrOvide-d. I agree -to pay your usua_j sellers escrc)w fee, -drawing of dcCurrients and such other
Cees which are advanced for my account regardless of the c
orlsurm'a
also agree to pay the policy of title t1on of this escrow. i
properly ch_a�eable to Tre,. llrls=ance prenlium and recording fees w1iich are
First Pnerican liar been directed by the parties to use a certam depository bank for the,
escrow hereunder, THE PARTIES AM= ALL LIABILITY ARISING T1�17,FJFROMAND pIRST
AMERICAN _RESSLY DISCLAT-MS ALL LTIABILITY RF --.,,-TMT= FRGM ANY FAILURE OF SUCH M
A
NK TO MAKE ACCESSIBLE = FUNDS IN,A TDAELY Ny-2U�.
-At the close of this transaction0
I you are authorized to pay comussions as follows:
$620.00 TO: Century 21 Hathaway -Gerota
At the close of this escrowt YOu are to mail any dccurreants and your chec]�,, or checks payable
to:
11_er-THE CITY 0
URG,r A MWICIPAL C3RipORATION
Address: 12 North Center
Rexburg, ID 83440
1.
2.
ij�t A�ne��c�n Title
Gompany
P.O. BOX 307, 127 EAST MAIN STREET, REXBLJRG, IDAHO 834401
TELEPHONE (208) 355-3653 FAX (248} 356-3659
Amended
SCHEDULE A
Commitment Date: May l7, 1999 at 9:00 a.�,n,
TO: century 21 Hathawa
ATIN : Deb
305 West Main
Rexburg, ID 83440
�r Gema
CC . City of Rexburg
Policy or Policies to be
issued6
Order Na. M--26309
Escrow No. 5798
Page No. Z
CC : First American Tile
Escrow No. 598
CC: Countrywide properties
Atte: Jeff Lerwill
Pola,cy Amount
(a) Owner's Standard Policy $31,000.00
Form 1402-92 (I0/17/92)
Proposed Insured: Jeff L. Lerwill,
With his sale and separates property
3. A fee simple
owned, at the
Corporation.
$275.50
a married nian dealincr
intertest in the hand described in this commitment is
COmMitmerit Date t bar The City of Rexburg, a MunicipaY
4. The Land referred to in this Couni,tment is described as follows:
Lot 1, Block 4 of
1, pity of Rexburg
thereof .
the Regurg business Park Subdivision, Phase No.
Madison County, Idaho as per the recorded plat
Also the West 43.0 feet of Lot
Parr Subdivision, Phage No. 1,
Idaho as per the recorded play
TITLE OFFICER -- Henry Benavidez
ESCROW OFFICER - Lorna or Lisa
2, Block 4 0f the Rexburg Business
CitY of Rexburg, Madison Count,,
thereof..
i
Order No. M-26309
Page No. 3
SCHEDULE B - SECTION I
The following requirements must be met:
the
(a) Pay the agreed amounts for the interest in the land and/o rne
mortgage to he insured.
(b) Pay us the premiums, fees and charges for the policy.
interest in (c) Documents satisfactory to us creating the the land
and/or the mortgage to be insured must be signed, delivered and
recorded.
(d) You must tell us in writing the name of anyone not re:fferred to in
this Commitment who will get an interest in the land or who will
11
make a loan on the .and. We may then make add-Itional requirements
or exceptions.
Order No. M-26309
Page No. 4
SCHEDULE B - SECTION 2
Exceptions
Any policy we issue will have the following exceptions unless they are
taken came of to our satisfaction.,
FART I
1. Taxes or assessments which ars not shown as
records of any taxing authority that levies
on real property or by the public records.
2. Any facts, rights,
public records but
said land -or by mak
3. basements,
by the publ
existing liens by the
taxes or assessments
interests or claims which are not shown by the
which could be ascertained by an inspection of
ing �..nquiry of persons in possession thereof.
d
claims of easement or encumbrances which are not spawn
ic records.
4. Discrepancies,
encroachments
disclose, and
conflicts in boundary lines, shortage in area,
or any other facts which a correct survey, would
which are not spawn hy the public records.
Unpatented ing claims: reservations
In acts authorizing theissuance
i tl water*
6. Any lipen, or right to a
theretofore or hereafter
by the public records.
exceptions in patents or
water rights, claims, or
iien, for services,
labor
zurnisnecl, imposed by law
or material
and not shown
7. ``here is currently no Assessor's Parcel Number or Treasurer's
Billing Number far the City of Rexburg concerning the property
question, therefore, we are unable to supply real proptax�rt�r t�
information,.
in
Taxes for 1999 ars an accruing lien and not yet dui but payable.
S. These premises are located
Madison Irrigat:ian District
assessments thereof_
within the boundaries of the Fremont -
and are subject to the levies and
9. Pale Line Easement granted by John Thompson an
his wife . to the Utah Power and Light Company,
recorded April 21, 1923, recorded, in Book 97,
records of Madison County, Idaho.
Mary A. ThQn7pson,
a Corporation,
pages 441, official
Il
Y
Order No. M-26309
Page No. 5
1D• Covenants, Conditions and Restrictions recorded October 25, 19951
Instrument No. 258418, but deleting any cQ�er�an.t, condition or
restriction 'indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or
national origin to the extent such covenants, conditions or
restrict -ions violate 42 USC 3604(c) . (a copy of which is
attached).
NOTE: If you have any questions regarding this report, please
feel free to contact your Title Officer, Henry Benavidez
KM* If you have any questions regarding your closing, please
feel free to contact your Escrow Officer, Lorna or Lisa
NOTE: PURSUANT TO THE STA'G'E OF IDAHO INSURANCE R.EGULATIUN
nzi.nimum cancellation fee of $100.00 will be charged an
canceled orders unless notified to the contrary. All
be canceled and a billing send within 6 months of the
date on the cammitment.
END SCHEDULE B
. all
orders snail
effective
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