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Rainbow Ranche Collection

Indenture from Rainbow Ranche to Ivy Louisa Bateman, July 31, 1948 Rainbow Ranche Jul 31, 1948

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 Dated JULY A.D. 19 50
IVY LOUISA BATEMAN
—TO—
THE RAINBOW RANCHE LIMITED
(fwt OUatm iwo
Clarke & Stuart Co. Ltd., Law Printers and Stationers
Vancouver, B.C. Form No. 11
FILLMORE & HAYMAN
BARRISTERS & SOLICITORS
KELOWNA,  B.C. -oatk-ef-— •
FOR MAKER (INCLUDING MARRIED WOMEN)
I HEREBY CERTIFY that, on the—"       %,^-fd —^ day of /U+^^gZ? , 19 £a, at
, in the Province of British Columbia,
(wfeose iEntity hnf? b??n proved by thn eyi'd^^ pq
, who is) personally known to me, appeared
before me and acknowledged to me that   *4SQS ^*>QS the person mentioned in the annexed Instrument as
the maker
thereof, and whose name
subscribed thereto as part
It
that j4ul    know
the
contents thereof, and that^^w    executed the same voluntarily, and ^of the full age of twenty-one years.
IN TESTIMONY,whereof I tjave hereunto set my Hand and Seal of Office,
at       V^d^C^o^1-^/ in the Province of
British Columbia, this    **> /**      day of    i4~s£*-rflu&^
in the year of our Lor<
'AStrfoL—...
NOTE.
TIc"~Ill 4\v3l fur tne Province of British Columbia.
A Commissioner for taking affidavits within British Columbia,
-Where the person making the acknowledgment Is personally known to the officer taking the same, strike out the words in brackets.
of the
in the Province of British Columbia,
FOR WITNESS
Province of British Columbia   |
To Wit: /
I,
of
make oath and say:
1. I was personally present and did see the within Instrument duly signed and executed by   Ivy   LOUlSO.
BatemaH the part y     thereto, for the purposes named therein.
2. The said Instrument was executed at     Okanagail   Centre ,    B.C.
3. I know the said part y      , and that      he   is of the full age of twenty-one years.
4. I am the subscribing witness to the said Instrument and am of the full age of sixteen years.
Sworn before me at   KelOWna ]
in the Province of British Columbia, this }>
day of    -  AUgUSt , 19 50J
A Notary Public in and for the Province of British Columbia.
A Commissioner for taking affidavits within British Columbia.....
=F J.O/3.S7. l/.i>f.<y%
LOT,/.
Form No. 11. Quit Claim Deed. 2-48.
Clarke & Stuart Co. Ltd.. Law Printers and Stationers, Vancouver. B.C.
^J/**——  y y,   j^ Ns«- r _^> j     ^^tSy  ^  >x>^    ^^"^^\     ^y" \s \__■""""""""^^C     ^"^m
made this     TJUtJZ   F<n*3h day of July
the year of our Lord one thousand nine hundred and    fifty
IVY LOUISA BATEMAN,   housewife,  of Okanagan
Centre in the Province of British Columbia,
in
I
Insert Full Name,
Street Address and
Occupation of each
Party.
hereinafter called the Party of the First Part,
AND
THE RAINBOW RANCHE LIMITED, a company duly incorporated under the laws of the Province of
British Columbia and having its chief place of
business at Okanagan Centre aforesaid,
hereinafter called the Party of the Second Part,
UitttPBHPtlj that the said party of the first part for and in consideration of    valuable  con-
sideration including the sum of One Dollar of ^ kwful 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 Grant, Release, and (fuit (Claim
unto the said party of the second part, the Estate, Right, Title, Interest, claim and
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
th   at certain parcel or tract        of land and premises, situate, lying and being  in the
Vernon Assessment District in the said Province and more particularly k*i$wn
and described as Lot One (1) Map Four thousand Two hundred and thirteen
(4213)- It is understood and agreed that any claim that the Rainbow Ranche
Limited may or might have for any balance payable under the terms
of the Agreement for Sale made between the parties hereto and dated
fi  the 27th day of April* ^rjQ  is completely satisfied by these presents
Vnd that The Rainbow Ranche Limited doth hereby release Ivy Louisa
Bateman from any and all obligation under or in respect of the said
Agreement for Sale. Sngrtlj^r mitt; the appurtenances thereunto belonging or appertaining ®0 Bait? and
©0 Sjolib 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 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 and each of
them (where the context or the parties so requires)
3n 3®ittt£SS whereof the said parties to these presents have hereunto set their hands and
seals.
3n tljf? pttzmtt of
Street Address.
City or Town...
Occupation of Witness
Signature of Witness.-,
ML.
T FOR THE SECRETARY (OR OTHER OFFICER) OF A   CORPORATION
I HEREBY CERTIFY that, on the 1st day of   September , 19 50,
at KelOWna > m tne Province of British Columbia,
mKKT&fc      James    UOldie , who is) personally known to me,
appeared before me and acknowledged! to me that he is the       Manager of
The } Rainbow   Ranche   Limited , and that he is the person
who subscribed his name to the annexed instrument as      Manager of the said
The Rainbow Ranche Limited and affixed the seal of the
The Rainbow Ranche Limited to the said instrument,
that he was first duly authorized to subscribe his name as aforesaid, and affix the said seal to the said instrument,
and that such corporation is legally entitled to hold and dispose of land in the Province of British Columbia.
IN TESTIMONY whereof I have hereunto set my Hand and Seal of Office,
at     KelOWna in the Province of
British Columbia, this  1st day of September
in the year of our^pjpHone thousand njrfe hundred and      fifty*
A Commissioner for taking affidavits within British Columbia. latins of 27th APRIL A.B. \q$.
THE RAISBOW RAIiCBE LIMITED
AND
IVY LOUISA BATEMAN
&$tummt
FOR SALE OF LAND
Clarke & Stuart Co. Ltd., Law Printers and Stationers
Vancouver, B.C. Form No. 27
FILLMORE & HAYIIAN
BARRISTERS & SOLICITORS
KEL01NA*     B.C. FOR MAKER (INCLUDING MARRIED WOMEN)
f]
I HEREBY CERTIFY that, on the                                                 day of                                                         , 194      , at
, in the Province of British Columbia,
(whose identity has been proved by the evidence on
oath of                                                                                                                      , who is) personally known to me, appeared
before me and acknowledged to me that             n^                      the person          mentioned in the annexed instrument as
the maker          thereof, and whose name                            subscribed thereto as part              , that            know            the
i
contents thereof, and that              executed the same voluntarily, and                           of the full age of twenty-one years.
IN TESTIMONY whereof I have hereunto set my Hand and Seal of Office,
at                                                                              •             in the Province of
British Columbia, this                               day of
in the year of our Lord one thousand nine hundred and forty-
A Notary Public in and for the Province of British Columbia.
A Commissioner for taking affidavits within British Columbia.
NOTE.—Where the person making the acknowledgment is personally known to the offic er taking the same, strike out the words in brackets.
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Form No. 27. Agreement for Sale of Land. 1-48.
Clarke & Stuart Co. Ltd., Law Printers and Stationers. Vancouver. B.C.
©Ijta Agrrrmrtti
as of
made in triplicatq/this    27th
day of        April
BETWEEN
Name,
Address, and
Occupation
of Parties
in the year of Our Lord one thousand nine hundred and forty-   #£ght<
CTR MWWf WWP hWmR% ^ company duly
incorporated under the laws of the Proving
of British Columbia and having its chief
place of business at Okanagan Centre in the
said Province*
hereinafter called the "Vendor" of the one part
AND
I¥Y LOUISA BATBMABy housewife %  of Okanagan
Centre in the said Province*
hereinafter called the "Purchaser" of the other part.
WHEREAS, the Vendor has agreed to sell to the Purchaser and the Purchaser has agreed to purchase
of and from the Vendor the lands and hereditaments hereinafter mentioned, that is to say:—ALL
AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in     the
Yemon Assessment District in the said Province and more particularly
known and described as Lot One (1) Map Four Thousand Two Hundred and
Thirteen (4213)$  feeing a subdivision of part of Sections Twenty (20)
and Twenty**one (21) t Township Twenty (20) f Osoyoos division Yale
Mstriot*
TOGETHER with all the privileges and appurtenances thereto belonging at or for the price or sum of
Three Thousand    ($3f00G*00) ^--*-------^--**^^«*»*«~»-.^^-^»^     Dollars
of  lawful  money of  Canada,  payable in manner and  on  days  and  times  hereinafter mentioned,  that
is to say: the sum of     TWO Thousand   ($2,000*00) ——********* * *       Dollars
on  the  execution  of  this  Agreement   (the  receipt  whereof  the  said  Vendor  doth  hereby  admit  and
acknowledge), and the balance payable as follows:
The sum of One Thousand ($lt000*00) Dollars to be payable on
the 1st day of November f 19481
TOGETHER with interest on the balance from time tojiaaff* owing under this Agreement at the rate
oi^0^^ per cent, per^airtlmTpayable
NOW IT IS HEREBY AGREED by the parties hereto, in the manner following, that is to say: THE
Purchaser DOTH COVENANT, PROMISE AND AGREE to and with the Vendor that he will well and
truly pay, or cause to be paid, to the Vendor the said sums of money above mentioned, together with
the interest thereon at the rate aforesaid both before and after maturity and on the days and times
in manner above mentioned; all sums in arrear for interest from time to time shall bear interest at
the rate aforesaid from due date until payment; AND also shall and will pay and discharge all taxes,
rates and assessments wherewith the said land may be rated or charged from and after this date,
including local improvement assessments and sewer rates, whether already or hereafter assessed.
THE PURCHASER shall during the continuance of this agreement, and so long as any money remains
unpaid hereunder, insure and keep insured against loss or damage by fire all buildings now on the said
lands, or which may be hereafter erected thereon, in the sum of their full insurable value with some
insurance company to be approved by the Vendor, and will pay all premiums and sums of money necessary for such purpose as the same shall become due; and will assign, transfer and deliver over to the
Vendor the policy or policies of insurance, receipt and receipts, thereto pertaining, and if the Vendor
shall pay any premiums or sums of money for insurance of the said premises, or any part thereof, the
amount of such payments shall be added to the amount unpaid hereunder and shall bear interest at
the rate aforesaid from the time of such payment and shall be payable forthwith.
IN CONSIDERATION WHEREOF, and on payment of the said sum of money, with interest thereon
as aforesaid, the Vendor DOTH COVENANT, PROMISE AND AGREE to and with the Purchaser to
convey and assure, or cause to be conveyed and assured, to the Purchaser by a good and sufficient
deed in fee simple, ALL THAT the said piece or parcel of land above described, together with the appurtenances    thereto   belonging   or   appertaining,    FREED    AND    DISCHARGED    FROM    ALL
ENCUMBRANCES, save and except        SO  exceptions
AND ALSO save and except local improvement assessments or taxes and sewer rates from and after
the date hereof, and subject to the conditions and reservations in the original grant thereof from the
Crown, and such deed shall be prepared at the expense of the Purchaser and shall contain the usual
statutory covenants, but the Vendor shall not be required to furnish any abstract of title, or proof or
evidence of title, or any deeds, papers or documents or copies of any deeds, papers or documents relating to the said property other than those which are now in possession of the Vendor, save and except
the Certificate of Title, which shall be deposited in the Land Registry office by the Vendor.
AND ALSO shall and will suffer and permit the Purchaser to occupy and enjoy the same until default
be made in the payment of said sum of money, or interest thereon, or any part thereof, on the days
and times in the manner above mentioned, subject, nevertheless, to impeachment for voluntary or
permissive waste.
AND it is expressly agreed that time is to be considered the essence of this Agreement. Unless the
payments above mentioned are punctually made at the times and in the manner above mentioned, and
as often as any default shall happen in making such payments the Vendor may give the Purchaser
thirty days' notice in writing, demanding payment thereof, and in case any default shall continue
these presents shall, at the expiration of such notice, be null and void and of no effect, and the
Vendor shall have the right to re-enter upon and take possession of the said land and premises; and in
such event any amount paid on account of the price thereof shall be retained by the Vendor as
liquidated and ascertained damages for the non-fulfilment of this Agreement to purchase the said land
and pay the price thereof and interest, and on such default as aforesaid the Vendor shall have the right
to sell and convey the said lands and premises to any purchaser thereof.
THE VENDOR shall have the right at all times and without the consent of the Purchaser, to assign
or transfer all his right, title and interest in this Agreement for Sale to any person whomsoever,
provided, however, that the Vendor shall forthwith give notice thereof in writing to the Purchaser
specifying the name of such person and the full address at which subsequent payments hereunder shall
be made by the Purchaser.
AND ALSO, it is hereby agreed that the Purchaser may at any time within the above-mentioned period
pay the balance of the purchase money of the said lands and the interest thereon, at the rate aforesaid
up to the date of such payment, unless this Agreement is rendered null and void as herein provided.
AND IT IS HEREBY DECLARED that any demand or notice which may be required for the purposes
of these presents, or any of them, shall be well and sufficiently given if delivered to the Purchaser or
mailed at any Post Office, under registered cover, addressed as follows:
Irs* Ivy Louisa Bateiian*
.      ,OMIA0Ai,^KTBBf    B* C*
or at such other address as the Purchaser shall specify in writing to the Vendor.
AND IT IS EXPRESSLY AGREED between the parties hereto that all grants, covenants, provisos and
agreements, rights, powers, privileges and liabilities contained in this Agreement shall be read and held
as made by and with, granted to and imposed, upon,, the respective parties hereto, and their respective
heirs, executors, administrators, successors and assigns, the same as if the words heirs, executors,
administrators, successors and assigns had been inscribed in all proper and necessary places; AND
wherever the singular or the masculine pronoun is used, the same shall be construed as meaning the
plural or feminine or the body politic or corporate where the context or the parties hereto so require.
In the event of this Agreement being registered and in the event of default being made in any payment
or in respect of any of the covenants herein contained, whether before or after such registration, it is
expressly agreed that the Vendor shall be at liberty to cancel, remove and determine such registration
on production to the Registrar of Land Titles of a satisfactory declaration that such default has
occurred and is then continuing.
AND the Purchaser hereby irrevocably appoints the Vendor his true and lawful attorney for and in
the name of the Purchaser to cancel, remove and determine such registration in the event of default
as aforesaid.
IN WITNESS WHEREOF, the said parties to these presents have hereunto set their hands and seals
the day and year first above written.
SIGNED, SEALED AND DELIVERED
BY THE VENDOR
in the Presence of:
Signature of Witness..
Street Address	
City.	
Occupation	
SIGNED, SEALED AND DELIVERED
BY THE PURCHASER
in the^
The Rainbow Ranche Limited
Signature of Witness.
Street Addres,
City	
Occupation
£n&
<*^tt^
-r~r •
M
■x.._
STATUTORY  DECLARATION   OF  ATTORNEY
I, of the
of , in the Province of British Columbia,
DO SOLEMNLY DECLARE:—
1. That I am the attorney for
(Name of Donor)
2. That I am the person who subscribed the name of
(Name of Donor)
in the annexed instrument as the Maker thereof.
3. That at the time of the execution of the said instrument the power of attorney had not been revoked by or on
behalf of » an(l I have not received any notice or information
(Name of Donor)
of the death, disability, or bankruptcy of
(Name of Donor)
[Or if the donor of the power is a corporation, substitute  for 3 (ante)]—
3. That at the time of the execution of the said instrument the power of attorney had not been revoked by or on
behalf of » and I had not received any notice or information
(Name of Donor)
of the bankruptcy or dissolution of
(Name of Donor)
4. That I know the contents of the said instrument and subscribed the name of the said
(Name of Donor)
thereto voluntarily as the free act and deed of the said
(Name of Donor)
AND I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force
and effect as if made under oath and by virtue of the "Canada Evidence Act."
Declared before me at
in the Province of
this day of
, 19
a" Notary Public in and for the Province of British Columbia.
A Commissioner for taking affidavits within British Columbia.
STATUTORY  DECLARATION  WHERE ATTORNEY  IS A CORPORATION
I,
of
DO SOLEMNLY DECLARE:—
1. THAT I am
(Office)
the attorney of
(Name of Donor)
2. THAT being duly authorized by the
of the
, in the Province of British Columbia,
of the
(Name of Corporation)
to act
(Name of Corporation)
for in the execution of the power of attorney, I subscribed the
(Name of Corporation)
name of
(Name of Donor)
under the same authority affixed the seal of the
(Name of Corporation)
3.   THAT I know the contents of the said instrument and subscribed the name of the said
in the annexed instrument as the Maker thereof, and
thereto.
(Name of Donor)
thereto voluntarily as the free act and deed of the said
(Name of Donor)
4.   THAT at the time of the execution of the said instrument the power of attorney had not been revoked by or on
behalf of » and I am informed that the
(Name of Donor) (Name of Corporation)
had not received any notice or information of the death, disability, or bankruptcy
of
(Name of Donor)
[Or if the donor of the power is a corporation, substitute for 4 (ante)]—
4.   THAT at the time of the execution of the said instrument the power of attorney had not been revoked by or on
behalf of , and I am informed that the
(Name of Donor) (Name of Corporation)
had not received any notice or information of the bankruptcy or dissolution of
(Name of Donor)
AND I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same
force and effect as if made under oath and by virtue of the "Canada Evidence Act."
Declared before me at
in the Province of
this day of 19
A* Notary Public in and for the Province of British Columbia-
A Commissioner for taking- affidavits within British Columbia.
ACKNOWLEDGMENT  OF  OFFICEB
/L 5^^   day of
I HEREBY CERTIFY that, on the
at
OF A CORP
Kelowma
James Goldie
, in the Province of British Columbia,
Jg3f£&WS& 3UMC3&) personally known to me,
appeared before me and acknowledged to me that he is the JJireCtOr of
The Rainbow Raaeh* Limited , and that he is the person
fho subscribed his name to the annexed instalment as MxTBQXtOT of the said
m Haiiioow Manehe Limited and affixed the seal of the
The Rainbow Raneh# Limited to the said instrument,
that he was first duly authorized to subscribe his name as aforesaid, and affix the said seal to the said instrument,
and that such corporation is legally entitled to hold and dispose of land in the Province of British Columbia.
IN TESTIMONY whereof I have hereunto set my Hand and Seal of Office,
&01C""*
at
Low&a
British Columbia, this   ~*J   &
in the year of our Lord ~
lay of-s&rtrf^
pe hipdred and forty- £Ortj-llighfc
A*Nota>y Public in and fcF the Pnovimre 'orf-gffflsh Columbia
A Commissioner for taking: affidavits within British Columbia
NOTE.—Where the person making the acknowledgment is personally known to the officer taking the same, strike out the words in brackets. [
*        .
-
AFFIDAVIT  OF  WITNESS
Province of British Columbia           )
To Wit:                              J
I,                                                                                                                                      of the
of                                                                                            %                                             , in the Province of British Columbia,
make oath and say:
1. I was personally present and did see the within instrument duly signed and executed by
the part          thereto, for the purposes named therein.
2. The said instrument was executed at
f
3. I know the said part        , and that                                                         of the full age of twenty-one years.
4. I am the subscribing witness to the said instrument and am of the full age of sixteen years.
Sworn before me at                                                      1
in the Province of British Columbia, this           >
day of                                                    , 194          J
A Notary Public in and for the Province of British Columbia,
A Commissioner for taking affidavits within British Columbia.

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