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Resolution 4172 - Authorize Purchase of Foreclosed Property• M • RESOLUTION NO. 4172 A RESOLUTION AUTHORIZING ACQUISITION OF LOT 12, BLOCK 188, KALISPELL TOWNSITE COMPANY'S ADDITION NO. 1 TO KALISPELL. WHEREAS, the City of Kalispell is the beneficiary of a Montana Trust Indenture on Lot 12, Block 188, Kalispell Townsite Company's Addition No. 1, securing a promissory note in the amount of $30,054.00 executed by Michael Frederick Jensen and Sheila F. Jensen dated February 16, 1992, and WHEREAS, Barclays Mortgage of Charlotte, North Carolina is the beneficiary of a superior Deed of Trust on the same property, securing a promissory note in the amount of $46,850.00 executed by Michael Frederick Jensen and Sheila F. Jensen dated April 15, 1991, and WHEREAS, the Jensens have become delinquent on payments to be made under both promissory notes and Barclays Mortgage has declared the note delinquent, and WHEREAS, the City Department of Planning, Economic and Community Development desires to protect the City's interest in the property by purchasing the note from Barclays Mortgage, and WHEREAS, the Jensens have indicated a willingness to execute a Quit Claim Deed to the City in exchange for forgiveness of the debt so that the City may acquire title to the property free and clear of all encumbrances, and WHEREAS, if the City is able to acquire the property, the Farmers Home Administration may be able to make the property available to eligible low income buyers on their waiting list in Kalispell. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the Department of Planning, Economic and Community Development, the City Manager, and the City Attorney are authorized and directed to acquire by purchase from the Barclays Mortgage the Note secured by a Deed of Trust on Lot 12, Block 188, Kalispell Townsite Company's Addition No. 1 to Kalispell for the sum of $48,910.04. SECTION II. That the Department of Planning, Economic and E Community Development, the City Manager, and r • • ll Sheila F. Jensen, by Quit Claim Deed all of their right title and interest in the property located on Lot 12, Block 188, Kalispell Townsite Company's Addition No. 1 to Kalispell in exchange for forgiveness of the Note secured by a Montana Trust Indenture in the amount of $30,054.00. SECTION III. Upon acquisition of said property the City Manager and City Attorney are authorized and directed to dispose of said property as provided for by law. SECTION IV. This Resolution upon passage by by the Mayor. shall take effect immediately the City Council and approval PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AND APPROVED BY THE MAYOR THIS 15thDAY OF AUGUST, 1994 DOUG D. RAUTHE - MAYOR Attest: Fina ce Director E