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2022-04-11 Lot 4 S 10th St-FunkWASHINGTON COUNTY NEBRASKA Filed for record on June 14, 2022 at 01:50 PM Instrument No. 2022-02126 (1 Pages) Carolyn M Sto ola, Register of Deeds NEBRASKA DOCUMENTARY STAMP TAX Jun 14, 2022 Exempt -4 By: AH Recorded General Numerical Photostat Proofed Scanned Prepared by and after Recording Return to: Brenda Wheeler, City Clerk, City of Blair, 218 S. 161h Street, Blair, NE 68008 (402) 426-6694 MARGIN ABOVE RESERVED FOR RECORDING INFORMATION CORRECTIVE QUITCLAIM DEED (To Correct the Name of the Grantee) For Quitclaim Deed filed May 18, 2022 by Instrument No. 2022-01760 THE Grantor, City of Blair, Nebraska, whether one or more, in consideration of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, quitclaims and conveys to Kenneth B. and Rozanne M. Funk, Grantee, whether one or more, the following described real estate (as defined in Neb. Rev. Stat. 76-201) in Blair, Washington County, Nebraska: LOT 4, SOUTH 10TH STREET, AN ADDITION IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA. Executed this day of June 2022. CITY OF BLAIR, NEBRASKA, GRANTOR Richard Hansen, Mayor STATE OF NEBRASKA ) ) ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on the q day of June: 2022 by Richard Hansen, Mayor for the City of Blair. &�5zr� GENEML OTAW-State of Nebraska NOTARY PUBLIC BRENDA R'NHEELER My Comm. Exp. Juna 20, 2024 2022-02126 WASHINGTON COUNTY NEBRASKA Filed for record on May 18, 2022 at 08:33 AM Instrument No. 2022-01760 jtodopl�R ee-rolyn M General Numerical Photostat Proofed ,� Scanned NEBRASKA DOCUMENTARY STAMP TAX May 18, 2022 Exempt -2 By: BA Prepared by and after Recording Return to: Brenda Wheeler, City Clerk, City of Blair, 218 S. 161" Street, Blair, NE 68008 (402) 426-6694 MARGIN ABOVE RESERVED FOR RECORDING INFORMATION QUITCLAIM DEED THE Grantor, City of Blair, Nebraska, whether one or more, in consideration of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, quitclaims and conveys to Kenneth B. and Suzanne M. Funk, Grantee, whether one or more, the following described real estate (as defined in Neb. Rev. Stat. 76-201) in Blair, Washington County, Nebraska: LOT 4, SOUTH 10TH STREET, AN ADDITION IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA. Executed this 11th day of April, 2022. CITY OF BLAIR, NEBRASKA, GRANTOR Richard Hansen, Mayor STATE OF NEBRASKA ) ) ss: COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me on the 11th day of April 2022 by Richard Hansen, Mayor for the City of Blair. GENERAL. NOTMY - stale of Nebraska NOTARY PUBLIC I' BM -1\100 R WHEELER }„{ x My Gonna, Exp. June 20, 2024 1 REAL ESTATE PURCHASE AGREEMENT This Real Estate Purchase Agreement (the "Agreement") is made and entered into on this 2, day of rtf , 2022, (the "Effective Date"), by and between the City of Blair ("Seller") and Kenneth B. and Rozanne M. Funk, husband and wife (`Buyer"). The "Effective Date" of this Agreement shall be the ten (10) days after the date of the Ordinance Publication. WIFTEREAS, Seller owns certain real property, at the Legal Description: Lots 4, of South 10"' Street Subdivision, City of Blair, Washington County, Nebraska, and WHEREAS, Buyer wishes to purchase said lot above and for purpose of moving Ken Funk Construction Inc. from Norfolk to Blair expanding job opportunities in the City of Blair, and WHEREAS, Seller has agreed to sell property to Buyer, subject to the terms and conditions of this Agreement. NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE 1 PURCHASE AND SALE 1.1 Rights, Title, and Interests in Property. Subject to the terms and conditions hereof, Seller agrees to sell and convey the entirety of Seller's right, title and interest in the Property to the Buyer, and Buyer agrees to purchase all of Seller's right, title and interest in and to the Property. 1.2 Easement to Seller. The City of Blair hereby specifically reserves an easement over and across said property to be sold, for any and all utilities that exist on said Property or Lot at the time of sale. 1.3. Property Condition. The Seller specifically makes no warranties or representations as to the conditions of the Property not their usability as may be intended by the Buyer. The Buyer is purchasing the Property, "AS IS" and based upon its own investigation and inquiry. The Buyer is familiar with the condition thereof and is not relying upon any representations made by Seller as to any matter regarding the Property other than as specifically set forth herein. The Buyer is not relying on any representations of any other person or entity and is agreeing to accept the Property subject to the conditions herein set forth. a volvi I 19 ,6 i \5l r° Ise of a Jd I have received a copy of the covenants for the I Oth Street Subdivision, Blair City, Washington County, Nebraska: Ken Funk PO Box 1287 Norfolk, Signature of person receiving leiter Printed name of person receiving letter Date 218 South 16th Street • Blair, Nebraska 68008 • 402-426-4191 • Fax 402-426-4195 • E-mail cliyotblahpcl.blalr.ne.us 1.4 Sidewalks and Assessments. The Buyer will be responsible for the construction of any sidewalk or other assessments, excluding assessments for paving, water, and sewer, which may be made, and which are attributable to the Property by creation of water, sewer, and paving improvement districts. ARTICLE II PURCHASE PRICE AND PAYMENT 2.1 Purchase Price. The total purchase price for the Property shall be the suns of Seventy thousand dollars ($70,000.00) (the "Purchase Price") with the City of Blair responsible for the payment of any and all assessments due or owed, which are currently estimated at $50,000 for the construction of water main, sewer main or paving of] 0"' street as part of the improvement district costs. Provided that the Closing Conditions (as defined below) are satisfied by the Seller or otherwise waived by the Buyer, Buyer shall deliver the Purchase Price to the City of Blair City Hall, 218 S. 16th Street, Blair, Nebraska, 68008 on or before the Closing Date (as defined below). 2.2 Payment, The Purchase Price shall be paid as follows: a. Earnest- Deposit. The Seller shall require a Non-refundable Earnest Money Deposit, of $1,000 within ten days of the passage of the ordinance approving purchase agreement. b. Balance. The balance of the Purchase price of Sixty -Nine Thousand dollars ($69,000.00) shall be paid by Buyer to Seller in certified funds or by wire transfer to the City of Blair on the Closing Date of the Lot. ARTICLE III CLOSING 3.1 Closing Date. Subject to the fulfillment or waiver of the Closing Conditions set forth in Sections 3.4 and 3.5 hereof, and provided that the terms and time periods provided for in this Agreement with respect to the examination of title of the Property are met. 3.2. Place of Closing. The place of Closing shall be held at the City of Blair City Hall, 218 S. 16th Street, Blair, Nebraska, 68008, unless otherwise agreed to by Seller. 3.3, Closing Date. The closing of the sale of a lot (the "Closing") shall occur not sooner than the thirty (30) days from the date of publication of the notice of remonstrance and not later than 90 days from the date of the publication of the remonstrance notice. 2 3.4. Conditions to Buyer's Obligation to Close. a. Marketability of Title. The Buyer shall have ordered a title search to establish the marketability of title to the Property, and Seller shall have satisfied or cured any of Buyer's objections to the marketability of title to the Property. Buyer's failure to conduct, or waiver of, such title search shall evidence Buyer's satisfaction of the marketability of title to such Property. b. Ci1y Council Approval of Sale. The City of Blair City Council shall have approved the sale of the Property pursuant to the terms and conditions of this Purchase Agreement. C. Remonstrance Period. The remonstrance period required by state law, Neb. Rev. Stat. §16-201, shall have been completcd without any petitions objecting to the sale of the property which would prevent the Seller from selling the Property at the date of Closing. d. Seller's Representations and Warranties. All of Seller's representations and warranties set forth in this Agreement shall be true and accurate as of the date of Closing. e. Seller's Performance of Covenants and Agreements. Seller shall have observed and performed all of Seller's covenants and agreements set forth in this Agreement as of the date of closing. In the event any of these conditions are not satisfied in the time period stated, Buyer may terminate this Agreement by notice to the Seller in writing, and neither party shall have any further duties, obligations, or rights hereunder, other than indemnity and other obligations that are to survive termination in accordance with the terms of this Agreement, 3.5. Conditions on Seller's Obligation to Close. Seller's obligation under this Agreement are specifically conditioned upon the satisfaction of all the following conditions: a. Buyer's Representations and Warranties All of Buyer's representations and warranties set forth in this Agreement shall be true and accurate as of the date of closing. b. Buyer's Performance of Covenants and Agreements. Buyer shall have observed and performed all of Buyer's covenants and agreements set forth in this Agreement as of the date of closing. In the event any of these conditions are not satisfied in the time period stated, Seller may terminate this Agreement by notice to the Buyer in writing, and neither party shall have any further duties, obligations, or rights hereunder, other than indemnity and other obligations that are to survive termination in accordance with the terms of this Agreement. i ARTICLE IV CLOSING DELIVERIES 4.1 Seller's Deliveries at Closing. At the Closing, Seller shall deliver to the Buyer: a. A duly executed and acknowledged Quitclaim Deed, conveying title to the individual Lot being sold; b. All other Seller documents necessary to close this transaction in accordance with the terms of this Agreement; and C. Possession of the L,ot, 4.2. Buyer's Deliveries at Closing. At the Closing, Buyer shall deliver to the Seller: a. Evidence of the Buyer's capacity and lawful authority to perform the obligations of this transaction; b. All other Buyer documents necessary to close this transaction in accordance with the terms of this Agreement; and G, The purchase price for the Lot being sold pursuant to this Agreement. d. Proof of Compliance with Covenants e. Acknowledgement of receipt of Covenants and agreement to abide by those Covenants. ARTICLE V EXPENSES TO RE PAID AT OR PRIOR TO CLOSING 5.1. Buyer's Closing Costs. On the Closing Date, Buyer shall pay the following, if applicable: a. The balance of the Purchase Price due at Closing as set forth above; b. All recording fees upon the Quitclaim Deed; C. Title Commitment costs, if any; d. The entire cost of the Owner's Title Insurance Policy, if any; e. Closing fees charged by the Title Company, if any; and f. Taxes which may accrue on the property, if any, as prorated to date of sale. 5.2. Seller's Closing Costs, On or before the Closing Date, Seller shall pay, if applicable: a. None. ARTICLE VI REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER Seller warrants, represents and covenants as follows, each and every one of which shall be true in all material respects on the Closing Date unless specifically waived in writing by the Buyer: 4 STATE OF NEBRASKA ) ) ss: WASHINGTON COUNTY ) On this Z2- day of F�brLyAf�, , 2022 before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Richard Hansen, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. GENERAL NOTARY - State of Nebraska r ? SARAH R. BACKMAN My Comm. Exp. April 10, 2025 NOTARY PUB IC PURCHASER: Kenneth B. and Rozanne M. Funic BY - Kenneth B, hunk R nne M. Funk STATE OF NEBRASKA ) ) ss: WASHINGTON COUNTY ) On this I�'M day of r -),-v. • j , 2022 before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came, Kenneth B. and Rozanne M. Funk to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his/her voluntary act and deed. WITNESS my hand and Notarial Seal the day anti year last above �ZGENERAL NOTARY • State of Nebraska MICHAEL A EBERLY PAy Comm, Exp, February 19, 2025 NOTARY 0 6. l . Absence of Claims. There are no pending or, to the Seller's knowledge, threatened litigations, proceedings, code violations, claims or investigations, including without limitation any such pending or threatened litigations, etc., by any government authority or insurance underwriter and no contract or agreement to which Seller is a party, which relates in any way to the Property or which on or after the Closing Date will adversely affect the Property. 6.2, Title and Authority. Seller owns the Property and has all necessary and lawful authority to enter into this Agreement to sell and convey the Property to the Buyer as provided in this Agreement and to carry out Seller's obligations hereunder. ARTICLE VIII MISCELLANEOUS 7.1. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. This Agreement shall survive Closing and shall not be deemed to be merged into any deed or other document delivered at Closing. 7.2. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the sale and purchase of the Property, and this Agreement cannot be changed except by the parties' written consent. 7.3. Conveyance of Title. This Agreement shall not, by itself, be construed as a conveyance of title by Seller to Buyer. 7.4. Jurisdiction and Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of Nebraska. The Parties agree to the exclusive personal jurisdiction in the courts located in Washington County, Nebraska. Any dispute arising from this contractual relationship shall, be governed solely and exclusively by Nebraska law. SELLER: CITY OF BLAIR, NEBRASKA BY RICHARD HANSEN, MAYOR ATTEST: 5