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Res 1416 5/1/1973RESOLUTION NO. / //'O RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE DEED, WITH WICHITA COUNTY, CON- VEYING ROSE STREET PROPERTY TO COMMUNI- TY MENTAL HEALTH/RETARDATION CENTER OF WICHITA FALLS (ALSO KNOWN AS THE HELP CENTER) . WHEREAS, The City of Wichita Falls and the County of Wichita executed a lease-purchase agreement dated July 12, 1971 to the Wichita Falls Community Center for Mental Health and Mental Retardation Services covering that certain tract of land at the corner of Rose and Baylor Streets in Wichita Falls, described as follows : Lots 1, 2, 3, 4, 21, 22, 23 and 24, Block 2, Grant' s Subdivision of Bellevue Addition to the City of Wichita Falls, Wichita County, Texas. WHEREAS, the parties to such agreement now deem it advis- able that such agreement be superseded by a deed from the City and County to the Community Center. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE :CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is hereby authorized to execute, for the City of Wichita Falls, acting with the County of Wichita, a deed, a copy of which is attached hereto, conveying the above described land to the Community Mental Health/Retarda- tion Center of Wichita Falls. When such deed has been executed and delivered, the agreement dated July 12, 1971 and Resolution No. 1207 authorizing it shall be superseded. PASSED AND APPROVED THIS THE teems DAY OF ,&G% 1973. MAYOR ATTEST: City Clerk THE STATE OF TEXAS X COUNTY OF WICHITA X KNOW ALL MEN BY THESE PRESENTS : That the City of Wichita Falls, Texas , and the County of Wichita, Texas, hereinafter called grantors , for and in consideration of the sum of $33 ,000 , of which $8, 800 is cash in hand paid by the Community Mental Health/Retardation Center of Wichita Falls (also known as The Help Center) hereinafter called grantee, the receipt of which is hereby acknowledged, and the balance of $24, 200 is secured to be paid and evidenced by grantee' s promissory vendor' s lien note, of even date here- with, which note is further described below, have granted, sold and conveyed, and by these presents do grant, sell and convey unto the said grantee, the Community Mental Health/ Retardation Center of Wichita Falls (also known as The Help Center) , subject to the conditions and other provisions herein contained, all that certain parcel of land situated in Wichita County, Texas, described as follows : Lots 1, 2 , 3, 4, 21, 22, 23 and 24 , Block 2 , Grant' s Subdivision of Bellevue Addition to the City of Wichita Falls , Wichita County, Texas. To have and to hold the above described property and prem- ises, together with all and singular the rights and appurtenan- ces thereto in anywise belonging, unto the said grantee, its successors and assigns forever, subject to the hereinafter set out conditions and provisions; and the grantors do hereby bind themselves and their successors to warrant and forever defend all and singular said premises to the said grantee, its succes- sors and assigns , against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under them. It is understood and agreed that grantee intends to borrow 50 , 000 from City National Bank in Wichita Falls , which loan will bear interest at 8 1/2 per cent and will be payable in monthly installments of $1, 578 . 38 , the first installment to be due on October 1, 1973. Such loan will also be secured by a first lien deed of trust on the property herein conveyed. The above described vendor' s lien note of even date herewith in the principal amount of $24, 200 , executed by grantee and pay- able to grantors, shall be payable in equal monthly installments of $1, 100 , which shall be divided equally between City and County. The first installment on said note shall be due and payable on or before the first day of the month following the month in which the above described note for $50,000 is scheduled to be paid in full. It is expressly agreed and stipulated that the vendor' s lien is retained against the above described property, premises and improvements until such note in the sum of $24 , 200 is fully paid according to its face and tenor, affect and reading, when this deed shall become absolute. It is hereby expressly agreed and understood that the above described note for $24 ,200 , and all the liens securing the pay- ment of same, are second, subordinate and inferior to the above described loan, and the note which will evidence same, for the principal sum of $50 , 000 , and all the liens securing the payment of same. This conveyance is made subject to the condition that the grantors herein shall have the right to reenter the property and obtain the title back in the event the grantee herein should ever abandon or dispose of the above described property, or any part thereof , or in the event that the grantee herein should cease to exist. Provided, however, that such condition shall not pre- vent the trustee' s sale under the deed of trust securing the above described $50, 000 loan by City National Bank in Wichita Falls , if default should be made by grantee of any of the terms and provisions of such deed of trust. Provided further, however, before the trustee shall make any such sale, the City National Bank, or other holder of such note, shall first give these grantors thirty days notice in writing that the grantee herein has defaulted and the holder of such note desir- es to sell the land under the power contained in the deed of trust; in that event, the City of Wichita Falls and the County of Wichita shall have the right to make the payments due to the holder of such note, and such City and County shall become sub- ordinated to all the rights of such holder under the deed of trust. In witness whereof, the grantors have caused these presents to be signed by their duly authorized officers on this the day of 1973 . CITY OF WICHITA FALLS , TEXAS By: City Manager ATTEST: City Clerk THE COUNTY OF WICHITA, TEXAS By: County Judge ATTEST: County Clerk STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas , on this day personally appeared Gerald G. Fox, City Manager of the City of Wichita Falls , Texas , a muni- cipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of the said City of Wichita Falls, Texas , a municipal corporation, and that he executed the same as the act of said City of Wichita Falls for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1973. Notary Public, Wichita County, Texas 2 STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned, a Notary Public in and for Wichita County, Texas , on this day personally appeared Calvin Ashley, County Judge of Wichita County, Texas , known to me to be the person whose name is subscribed to the foregoing instru- ment and acknowledged to me that the same was the act of the said County of Wichita, Texas, and that he executed the same as the act of said County of Wichita, Texas , for the purposes and consideration therein expressed, and in the capacity there- ` in stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1973 . Notary Public , Wichita County, Texas 3 -