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Rainbow Ranche Collection

Indenture between The Rainbow Ranche Limited and Robert Evelyn Cooper Broadbent, January 8, 1948 Rainbow Ranche Jan 8, 1948

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 DATED                  SEPTEMBER 26th?   191*9.
ROBERT EVELYN COOPER BROADBENT
-to-
k                                                                                                                                                                 i
OKANAGAN TRUST COMPANY
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\S, ■■:■■■   '.:-            |      '-§
QUIT CLAIM DEED
■                         ■                                                                                                                                                                                                                      .                   '
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^
E. C. WEDDELL, I.C.,
Barrister, etc.,
Kelowna, B.C. Dated i.tk lAMIl.X._....A...B.*....194l....
nmmt wmtm coovm bbga&bs
sM
GOiSTA1CS MOIEA BBOADBEJffi
—TO—
tm baxbbo* mmm$ timrm
Clarke & Stuart Co. Ltd., Law Printers and Stationers
Vancouver. B.C. Form No. 7
P1LLMCR8 * K&KiUf
BAFT-;. BfC,
K^LOWfA B* *
L v_
AFFIDAVIT  OF  WITNESS
"BILLS OF SALE
COUNTY OF
TO WIT:
of
Vttltfa.   COltt&biAke oath  and  say
1.—That the paper-writing hereunto annexed, and marked "A", is a true copy of a Bill of Sale and every
Schedule or Inventory thereto annexed, or therein referred to, and of every attestation of the execution thereof, as
made and given and executed by )fetfe»rt  &V»lj0I  C#®f«r  B*0«AlMllt   * COttttaBM   Kft£f*   Ml
Nlmt & C®iMMe m^%mm^km given by the »a *«*wt Swlya Qmpmr Br©mi-
on the y^ % day of Jttl|F in the year of our Lord
one thousand nine hundred and forty- $JMpMf#
3.-That I was present and did see the saidR^^^t  IWlfH  €#®fHy   BVOAdwMmt^^GenStafla.^
tfOlVft   Bl*0m#fe«»% , in the said Bill of SaJfi_mentioned, and whose ■ name fc/si^ed thereto,
sign and execute the same on the said </4> - day of      July
in the year aforesaid.
4.-That the said Bebert Evelyn Cooper Bro8.dbeat and Constance Motra
Broadbent
at the time of making and giving the
said Bin of sale, resided and stiii resides^   Okanagan Centrey British Golttsfibila
,. Am& then fff&u stiii .Sere retipd and a housewife
5-That the name''^/^M--^i^Ce^^<^v<_   "
attesting the due execution thereof, is of the proper handwriting of me, this deponent, and that I reside at
^J^^^^British Columbia,    and am
.pee
tiW.ly
/$y3&Av\c 'cog,
set and subscribed as the witness   ,
Subscribed to and sworn before me this
day of
at the
/C
A.D. 194   S
city of ifciiHflBp
in the Province of British Columbia.
A. NntaiyyiiDiic in and for the Pluviimu uf DriUuU. Columfe|a.
A Commissioner for taking affidavits within British Columbia.
;d~ Form No. 7. Chattel Mortgage to Secure Sum of. 9-47.
LOT
~
Clarke & Stuart Co. Ltd., Law Printers and Stationers, Vancouver, B.C.
olm
&MfhXp->
as of
madjr' the
in the year of our Lord
0%li day of January
one thousand nine hundred and forty- eight*
3tt pursuant* of % "$Ula of #al* Art"
ItetWfftt aoi..-.rni WME3m Gomm ^RQMmm* retired
:ffl"BcSgiMfy      .'.ap^P^fet his wife,
both of ftum***: Centre in the Provinee
of British Ci
Insert full
name, street
address and
occupation
of Grantor
and or Grantee.
hereinafter called the "Grantor," of the FIRST PART
AND
»»■.*■• > * eeapaay
duly incorporated under th© laws of
t>o rrowiaee of British Columbia and
Having its ehlef place of business fat
Okanogan centre aforesaid,
hereinafter called the "Grantee," of the SECOND PART.
WHDUUft eaeh of the goods and personal ehattel® hereinafter referred to
is th® property of either or both of the persons referred to above as
"Srantor*1
HOW THEREFORE 1'U.S  XIIDEHTURB
/ WITNESSETH that the said Grantor, for and in consideration of the sum of   TWO   thousand
($2,000.00)   -  -  -  - -•«-•- • Dollars
of lawful money of Canada to him in hand well and truly paid by the said Grantee, at or before the
sealing and delivery of these Presents (the receipt whereof is hereby acknowledged), HATH granted,
bargained, sold and assigned and by these Presents DOTH GRANT, bargain, sell and assign unto the
said Grantee, ALL AND SINGULAR the goods and personal chattels hereinafter particularly
mentioned and described, and all and singular the goods and personal chattels which during the
continuance of these Presents shall be brought on the premises hereinafter mentioned,3is3ElEgEflffiX^93Eiift
JQ£3S£ in substitution for the goods and personal chattels hereinafter set forth, and all the right and
interest of the said Grantor therein and thereto, which said goods and personal chattels may be more
particularly described as follows:— 1 Set  GOpalaWd   Sp©de
1 Indian Pile carpet 12* x 9' (browa)$400.00   Italian Blue Croekery   120.00
1 Indian Pile Carpet 12* x 9* (blue)    400.00
1 4»pieee Silver Teaset 300.00
1 Cutlery Canteen for 12 in fitted
case (silver plate) by Alexander
Clark, Sheffield.    Comprise®t- 350.00
targe & small knives. Large & small
forks, Soup & dessert spoons, Fish
■nives i forks, Dessert Knives 4k forks,
Set of earvers. Sundries including 4
serving spoons, 2 butter knives £ 2
ladles.
1 Large Sheffield Plate fray, bought
H for €17 (antique)
3 Silver Cruet Sets
1 Dinette Suite (Buffet, Table 4 8
ehairs) new 1948 at $105.00
1 Smith-Corona Portable Typewriter
new 1948 at $77.50
11 type Hoover eleaner as new
60.00
60.00
150.00
60.00
50.00
ee tags* 8 Break
fast Plates, 8 Porringers with Plates, 6
small plates, 6 large,
a small eaps A sincere,
Teapot, Coffee-pot &
sundries,
2 new Slaseager Tennis
Rackets, with Presses
1 northern Elsetrie
Portable radio, 1948
2 Silver Cigarette
boxes, $30* aad $20.
50.00
25.00
50.00
Total
$2075.00 JLmL
ALL WHICH said groods and personal chattels are in possession of the Grantor at       tittt  ©01*%  Of
Let Seventeen (17), Map Foar thoasani two hundred thirteen (4213) shows
tMJI?/?!!J «       m ******9m* >ia» thereof prepared by Ernest" 0. „ooo,Br
TO HAVE AND TO HOLD all and singular the said goods and personal chattels unto the said Grantee
TO THE ONLY PROPER USE AND BEHOOF of the Grantee FOREVER: PROVIDED ALWAYS
and these Presents are upon this express condition, that if the said Grantor do and shall well and truly-
pay, or cause to be paid unto the said Grantee the full sum of TWO thAttSaB& |$2f000#OO)
Dollars, with interest for the same at the rate of $51* Per centum per annum, from the
8th day of JWffmWff   lf4S        on the following days and times,
that is to say:
the so* of $1,000*00 to b# pmfmhM m th® 1st clay of Ka*ehf lf#@ and ti4
suits tim t® b# payttbl* on fc&t 1st d«y of Roirwtwr* 1949t
Interest at th* ffat# af#r®«aii to b^ payabl* ©a ths 8th flays Of January -
■ad July* co»^< P*h* 1948*
THEN THESE PRESENTS and every matter and thing herein contained, shall cease, determine, and
be utterly void to all intents and purposes, anything contained to the contrary thereof in anywise
notwithstanding.
AND the said Grantor shall and will warrant and forever defend by these Presents ALL AND
SINGULAR the said goods and personal chattels by these Presents unto the said Grantee against
him, the said Grantor, and against all and every person and persons whomsoever:
AND the said Grantor doth hereby COVENANT, PROMISE, and AGREE, to and with the said
Grantee that the said Grantor, or some one of them, shall and will well and truly pay, or cause to be
paid, unto the said Grantee the said sum of money, in the above proviso mentioned, with interest for
the same as aforesaid, on the days and times and in the manner above limited for the payment thereof:
PROVIDED that in default of payment of any of the payments or instalments hereinbefore
mentioned, or any part thereof, the principal sum then unpaid and hereby secured shall become due
and payable; AND ALSO that in case default shall be made in the payment of the said sum of money
in the said proviso mentioned, or in the interest thereon, or any part of the principal or interest, or in
case the said Grantor shall attempt to sell or dispose of or in any way part with the possession of the
said goods and personal chattels, or any of them or to remove the same, or any part thereof, from the
premises upon which they are now located, or suffer or permit the same to be seized or taken in
execution without the consent of the said Grantee to such sale, removal, or disposal thereof first had
and obtained in writing, or in case default shall be made in the performance of any of the covenants
by the said Grantor in these Presents contained, or in case the Grantee shall feel unsafe or insecure or
deem said goods and personal chattels in danger of being sold or removed, THEN in such case it shall
and may be lawful for the said Grantee with his servant or servants, and with such other assistant or
assistants as they may require, at any time during the day, to enter into and upon any lands, tenements,
houses, and premises wheresoever and whatsoever where the said goods and personal chattels
or any part thereof may be, and for such persons to break! and force open any doors, locks, bars,
bolts, fastenings, hinges, gates, fences, houses, buildings, enclosures and places for the purpose of
taking possession of and removing the said goods and personal chattels; AND upon and from and
after the taking possession of such goods and personal chattels as aforesaid, it shall and may be
lawful, and the said Grantee and each and any one of them, is and are hereby authorized and
empowered to sell goods and personal chattels/or any of them, or any part thereof, at public auction
or private sale as to them, or any of them, may seem meet; AND from and out of the proceeds of
such sale in the first place to pay and reimburse themselves all such sum and sums of money as may
then be due by virtue of these Presents, and all such costs and expenses as may have been incurred by
the said Grantee in consequence of the default,, neglect or failure of the Grantor in payment of the said
money, with interest thereon, as above mentioned, or in consequence of such sale or removal, as above
mentioned, and in the next place to pay unto the said Grantor all such surplus as may remain after such
sale, and after payment of all such sum or sums of money, and interest thereon, as may be due by virtue
of these Presents at the time of such seizure, and after payment of all costs, charges and expenses
incurred by such seizure and sale as aforesaid; PROVIDED that the said Grantee may, in default of
any one of the payments or instalments hereinbefore mentioned, or any part thereof distrain for the
whole principal sum then unpaid; PROVIDED ALWAYS nevertheless, that it shall not be incumbent
on the said Grantee to sell and dispose of the said goods and personal chattels, but that in case of
default of payment of the said sum of money, with interest thereon, as aforesaid, or any part thereof, it
shall and may be lawful for the said Grantee peaceably and quietly to have, hold, use, occupy, possess,
and enjoy the said goods and personal chattels, without the let, molestation, eviction, hindrance, or THIS INDEHT0R1 is given as collateral security for repayment of the
sum of $2,000.00-8^ Interest payable under and by virtue of a mortgage
of lands dated/the eth day of January, 1948, and given by the said Robert
Evelyn Cooper Broadbent to the Grantee in respect of the said part of Lot
17, Map 4213.  It is agreed that default by the said Robert Evelyn Cooper
Broadbent under the said mortgage of lands shall constitute default hereunder and thereupon all monies hereby secured shall at the option of the
Grantee Immediately become due and payable and all remedies competent to
the Grantee upon default, including the power to take possession and of
sale, shall be exercisable forthwith by the Grantee,  Payment under the
said mortgage of lands shall be deemed to be payment pro tanto hereunder. interruption of the Grantor, or any other person or persons whomsoever; AND the said Grantor doth
hereby further COVENANT, PROMISE and AGREE to and with the said Grantee that in case the
sum of money realized under any such sale as above mentioned shall not be sufficient to pay the w-hole
amount due at the time of such sale, that the said Grantor shall and will forthwith pay, or cause to
be paid, unto the said Grantee all such sum or sums of money, with interest thereon, as may then be
remaining due; as well also as all costs and expenses as may be incurred by any seizure.
AND the said Grantor doth put the said Grantee in full possession of the said goods and personal
chattels by delivering to him these Presents in the name of all the said goods and personal chattels, at
the sealing and delivery thereof; AND the said Grantor covenants with the said Grantee that he will,
during the continuance of this mortgage, and any and every renewal thereof, insure the goods and
personal chattels hereinbefore mentioned against loss or damage by fire in some insurance office
(authorized to transact business in the Province of British Columbia) in the sum of not less than their
full insurable value, and will pay all premiums and moneys necessary for that purpose, as the same
become due; and will, on demand, assign and deliver over to the said Grantee the policy or policies of
insurance and receipts thereto appertaining; PROVIDED that if on default of payment of said
premium or sums of money by the Grantor the said Grantee may pay the same, AND such sums of
money shall be added to the debt hereby secured, and shall bear interest at the same rate from the day
of such payment, and shall be repayable with the sum hereby secured.
WHEREVER the singular or the masculine is used in this Indenture, the same shall be deemed to
include the plural or the feminine, or the body politic or corporate; also the respective heirs, executors,
administrators, successors and assigns of the parties hereto and each of them (where the context or
the parties so require.)
IN WITNESS WHEREOF the Parties to these Presents have hereunto set their hands and seals the
day and year first above written.
SIGNED, SEALED AND DELIVERED
In the
Signature of Witness
Street Address/^L
City or Town.
Occupation of Witn
THIS is the paper-writings marked^the letter "A" referred to in Affidavit of
m^m
\2^%^
SWORN before me this
£ C
^^
day of
A  Nntnry Fnhllr In .asudLfor tfrft. Prnvin/e.^rf^Si4%»gfr Certuwibia.
A Commissioner for taking affidavits within British Columbia.
I,-
ACKNOWLEDGMENT OF OFFICER OF A CORPORATION
..of..
  of the ... ,_...	
(State whether President, Secretary or Director) (Name of Corporation)
make oath and say as follows:—
1.   That the paper-writing hereto annexed and marked "A" is a true copy of a bill of sale, and of (or, when
an original bill of sale is filed, is a bill of sale together with) every schedule or inventory thereto annexed or
therein referred to as made, given, and executed by the said „.„_	
(Name of Corporation)
2. That I, as of the said Corporation, being duly authorized
(State whether President, Secretary or Director)
so to do, did affix the seal of the said Corporation to the said bill of sale, did sign the said bill of sale as
 - of the said Corporation, and did duly deliver the said bill of sale
(State whether President, Secretary or Director)
as the act and deed of the said Corporation on the  ..-.day of .   . 194.	
3. That the head office or chief place of business of the said Corporation in British Columbia is situate at
  ......—.—....   in the said Province.
[State fully the whereabouts of the head office or chief place of business, such as street and number (if any).]
Subscribed to and sworn before me this^
..day of..
.194...
A Notary Public in and for the Province of British Columbia,
A Commissioner for taking Affidavits within British Columbia. AFFIDAVIT OF BONA FIDES  FOR CHATTEL MORTGAGE
"BILLS OF SALE ACT"
COUNTY OF
to wiTv ot Sale Dv
Broadbent * Constance Hoi
S1NI      justly and truly indebted to
named in the sum of TWO   th©USa!ld
I,
Janes Gold I e 0f toot
Cfptnngap  CentpS SK '    >« the Province
GOlUfflbiStllanng^F   C^he Grantee      in the foregoing Bill
IKtfflP1•make oath and say: That   Robert Iv#lyn Goober
HuoF     in the annexed Bill of Sale by way of mortgage named,
Snfhe   Mttit#d the Grantee      therein
Dollars mentioned therein.
of   British.
of Sale by way
WW
That the said Bill of Sale by way of mortgage was executed in good faith and for the express purpose of securing
the payment of the money so justly due or accruing due as aforesaid, and not for the purpose of protecting the
Goods and Chattels mentioned in the said Bill of Sale by way of mortgage against the creditors of the Grantor
therein named or of preventing the creditors of such Grantor        from obtaining payment of any claim against the
said Grantor
SWORJ|, before me at the City )
of MwWIMI in the Province^
of British Columbia, this / CT?a± day f
Of July A.D. 194 g.) «
A Notary Public in and for the Pfovince of British Columbia.
A Commissioner for taking affidavits within British Columbia. THIS INDENTURE made In duplicate this Twenty-
sixth day of Sept err ber in the Year of Our Lord One thousand nine
hundred and forty-nine between IQB  - '   j j COOPBH BROADB£»jT of
Okanapan Centra in the Province of British Columbia, Qrchardist,
hereinafter called the Party of the First Part, and OKANAGJN TRUST
':» a body corporate duly incorporated under the laws of the
Columbia and having its Registered Office at
Province of Briti
the City of Kelowna in  the Province aforesaid, hereinafter called
the Party of the Second Part*
WITNESSETH that the said Party of the First
Part for and in consideration of the sum of Seven thousand Dollars
($7*000*00) of the lawful money of Canada to him in hand paid
by the said Party of the Second Part, at or before the sealing
or delivery of these presents (the receipt whereof is hereby by
him acknowledged) hath granted, released and quitted claim and by
these presents DOTH GRARf,    USE, and ^ITIT CLAIM unto the said
Party of the Second Part, all the estate, right, title, interest,
claim ahd demand whatsoever both at law and equity or otherwise
howsoever and whether in possession or expectancy of him the said
Party of the.First Part of, in, to or out of All and Singular
those certain parcels or tracts of land and premises, situate,
lying and being in the Vernon Assessment District in the Province
of British'Columbia and more particularly known and d escribed as
(Firstly) Parcel *k*  (D.D.127756F) of Lot Seventeen (17), Referenda
Plan nB*  Six thousand and sixty-two (*fBt,6062), Section Twenty-one
(21), Township Twenty (20), Osoyoos Division of Yale District,
Map Four thousandv two hundred and thirteen (*f213) and (Secondly)
Lot Fifteen (15), Map Four thousand, two hundred and thirteen
(^213), being a subdivision of Part of Sections Twenty (20) and
Twenty-one (21), Township Twenty (20), Osoyoos Division of Yale
District*
TOGETHER with the appurtenances thereunto belonging or appertaining TO HAVE AND TO HOLD the aforesaid lands
and premises with all and singular the appurtenances thereto belonging or appertaining unto and to the use of the said Party of -2-
the Second Part, SUBJECT NEVERTHELESS to the reservations, limitations,
provisos and conditions expressed in the original grant thereof
from the Crown♦
WHEREVER the singular or the masculine is used
in this Indenture, the same shall be deemed to include the plural
or the feminine, or the body politic or corporate; also the respective heirs, executors, administrators, successors and assigns
of the Parties hereto &n5  each of them (where the context or the
Parties so requires)•
IN WITNESS mSBmf the said Parties hereto
have executed these presents the day and year first above mentioned #
SIGHED, SEALED and DELIVERED
in the presence of M
WL. ~k*-*^~ y»^o <~*-b*f^*jCAU«A> #Xjus{. ^rtt^/A^
A <£rf*^0~JA+-XjL ■!*<, +-uulaHu/L +**-~* yAAA*s4ixj^ \
<**~AL,   -s^^A^Xa. W-^. . T^te    ^ -w- "#fCH -ioJu>»^-a
f*f-rt+~ ^—J^lL *- Aj3zZ£As/— <^^>(^ (CLnJ^^^LAt, *±j*fitf^ a-4^-
^-2^
^-^-CG^Cfij^
t3*-L<Hrt>    ^ru-^^t/y^   ^Lm^JOZ
™<*£+^^^
~Z~IA ^aU^.
TZTAjmm *A<~AA>~
*   •* •"
18 LMKs
i r LAND REGISTRY ACT.
FORM 0.    (Section 57 (6).)
For Maker of a Deed.
I HEREBY CERTIFY that, on the 4A&- day of..-October  _____  19_J*9
at±ba...Q±ty...Ql..laLYkQQ.vjreT , in. the-P.rovines ofJSP£Msh_Colwjbln	
- A
 : 1 IL^L.^. _Q_.^____- _,:____    ___ [whoso identity has been proved b,y lliu evidence-mi
Jfar*       ' eath of: - , who is] personally known to me, appeared before
me and acknowledged to me that__he___is_ the person mentioned in the annexed instrument
I as the maker thereof, and whose name i.S subscribed thereto as part y_..__, that__h8	
*\ knows the contents thereof, and that—_he._„__executed the same voluntarily, and is of the full age of
twenty-one years.
IN TESTIMONY whereof I have hereunto set my hand and Seal of Office at
ee of  i*r'ti5:h Columbia
:litx~: acmiver___ln_._«)e__PTO
....October 9 in the year of our Lord one thousand nine hundred
and-lM^r^lD.5*    •      *
 ^ JL Z _____
NOTE.—Where the person making the acknowledgment is personally  known to the officer taking the same, strike out the words in brackets.
• 5M-344-8316 ^ tfotafy f*«t*ttfc £ft ftttt *fc Ml
W&vim*   mi  IM**s&  CUtftwiJiiik

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