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Allyson Acres Wonderland 1972 Property Report

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    PROPERTY REPORTFORALLYSON ACRES DEVELOPMENTOFSTUDEBAKER LA ND CO.

    '\OTIC E AND DISCLA IME R BYOFFICE OF I'\TERST A TE LA NO SA LES REGISTRA TIONU. S. DEPARTMENT OF HOUSINC AND URBAN DEVELOPMENT

    This report is not a recommendation or endorsement of theoffering herein by the ffice'of Interstate Land Sales Regis-tration, nor has that office made an inspection of the propertynor passed upon the accuracy or adequacy of this report or anypromotional or adve rtising mate,rial used by the seller.

    It is in the interest of the buyer or lessee to inspectthe property and carefully read all sale. or lea!le documents.Prospective buyers and lessees are notified that unless

    they have received this Property Report prior to, or at the sametime they enter into a contract, they may void the contract bynotice to the seller.Unless a buyer or lessee acknowledges in writing that hehas read the report and personally inspe cted the lot prior tosigning.'his contract he may revoke his contract within 48 hoursfrom the signing of his contract, if he has received the Prop-

    erty Report less than 48 hours prior to signing 8u!=h contract.

    Effective Date: September 18, 1972.' ..~

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    LIST OF SUBDIVISIONSCOVERED BY THIS OFFERING,. .'I.d furth.er answer to Question 2, t:ie' followinghave been included in this offering which 'is registered withOffice of Interstate Land Sales Registration.

    Subdi vi s ionAllyson Acres South

    Block123456 .7823i32123456

    71234

    5 1-5

    Lots1, 3-11, 13, 14, 16-18'4-291-3, 6, 10 &111-8 & 102-51-4

    .. 6-18, 23 & 245-10, 12 i 16, 18-22

    A11yson Acres West 41-4, 6 & 7

    Al1yson Acres East 10-12 .1,3,5&67, io, 11,,13-15 & 17

    A11yson Acres - OaksAddi tion 1-51-61-4

    ,/ 1-7. :1-17

    i~56

    . Allyson Acres - ValleyView Adi tion 1, & 21-191-381-35

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    Al1rson Acres - DogwoodAddi tion,

    Al1yson AcresAddi tion

    ,. Hill top

    Al1yson Acres - MobileVista Addition

    1 1-142 1-53 1-144 1-175 1-46 1-57 1-148 1-8

    9 1-2610 1 & 2.1 1-62 1-223 1-74 1-215 1-56 .1-437 1-78 1-161 1-302 1-143 1-394 1-375 1':56 1-327 1-15

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    1. Name of Developer: STUDEBAKER LAND CO., anOklahoma Corporation ;,:.Address: Route 1 Eucha, Oklahoma, and'P. O. Box 3281, Tulaa, Oklahoma

    2. Name of Subdivisions: Allyson Acres South.J Allyson AcresAllyson AcresAllyson AcresAllyson AcresAllyson AcresAllyson AcresAllyson Acres \i,

    astWest- Oaks AdditionHilltop AdditionDogwood AdditionValley View AdditionMobile Vista Addition

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    Location; Delaware County, State of ,Oklahomaa, Effective date of Property Report: Septembe:i 18, 1972.b. This offering consists of the subdivisions and lots

    described on pages 2 through 5 of this ~roperty Report. ,3. List names and populations of surrounding communities, andlist distances over paved and unpaved roads to the subdivision:

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    Name of.CommunityDistanceOverPavedRoads TO,tab.

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    Popu1a tion .,U~paved Roads.i,JayGroveDisney'. VinitaTulsa,

    1,5942, 0003035, 847331,638

    't13. 8 miles.28.8 miles8. 8 miles28. 8 miles68.8 miles

    1. 2 miles1. 2 miles1. 2 miles1. 2 miles1.2 miles

    10 mil.ea~' ....:, ~ 30 miles ,.:d:70 miles .,;i;.~- .:: t, .4. .,,::'.:".. ~.. . ,l~;t,w

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    a. Will the sales contract be recordable? ~Ye8b.rn the absence of reco.rding,coqld the develop~ , .erl~ creditors or others acquire title to the propertyfree of any obligation to deliver a deed to the buyerwhentina1 payient has been made under the sales con-

    tract? Yes. In Oklahoma, a judgment against the sellerconstitutes a lein upon all real estate owned by these'ler, and it may be foreclosed potentially detrivinga buyer of any interest therein unless the buyer recordedhis contract priQr to entry of the judgment. Bankruptcyof the se ler could result in depriving the buyer of any

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    ) ::~ '.' '::'.~f,;:r~;: 'interest in the property, if the contract was not tirielyrecorded. To date, the developer has invariably delivered..title to all buyers upon their payment of the full purchaseprice.c. What provision, if any,. has been made for refunds'if buyer defaults? Earnest money or down payments wil be.retained by the seller, upon buyer's default under a contractfor sale, as liquidated damages. Under Oklahoma law, absent...agreement between the parties, the contract for deed, install-':ment sale agreemen' or mortgage securing the buyer's indebted,":'"ness should be foreclosed pursuant to sta "utory autho:rity,and any sale proceeds in excess of the balance of the ..indebtedness plus foreclosure costs should be refunded.tothe buyer. If tlE sale proceeds do not equal or exceed th. .balance of the indbtedness plus forec1osurecosts and ex-. penses, then the buyer is liable for the deficiency.,

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    .\d. State prepayr~t penalties or privileges, if any. Thebuyers have the privilege of full or partial prepaymentof their indebtedness without penalty. Interest shallaccrue thereafter on the unpaid principal balance only.

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    5. Is there a blanket mortgage or other lien on thesubdivision or portion thereof in which the subject property,is located? Yes. If yes, list below and describe arrangements,'if any, for protecting interests of the buyer if a developer ,defaults in the payment of the lien obligation. If there is ,~cha blanket lien, described arrangements for release to'a buyer of'individual lots when the full purchase price is paid. .

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    (Type of Lein) (Effect on Buyerif Developer Defaults) ..First Mortgage andLoan Agreement This lien is to be released upon payment infull of the purchase price at, the time ofclosir~ or upon payment of $400.00 per loti

    and assignment of ny installment sales con- tract, contract for. d~ed or p.romissory note;and mortgage. Prior to release of the lieii the property remains subject to the mortgag~:(~and loan agreement, and default by the de.e"~:10loper could result in foreclosure of such",il;'/';;~lien depriving buyer of anYtnterest therei.;:'t:~

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    :;::I~~r~:?eE;:::~:~:::i:~~i::i~~:tt:~~:i:;:':~:rnlY' . ;.;~,seller's failure to perform. .-7 -

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    :,","r 6. Does the offering contemplate leases of the propertyin addition to, or as distinguished from, sales? No. Individuallots may be improved and lessed as iniproved, but the same do notconstitute part of this offering.7. rs buyer to pay taxes, special assessments, or tomake payments of any kind for the maintenance of common facili-ties in the subdivision (a) before taking title or (b) after

    taking title? Yes. Installment purchasers will be required topay taxes and special assessments (and in Allyson Acres Solth.Oaks, Hilltop, Dogwood, Valley View and Mobile Vista Additionsmake payments for the maintenanc.e of common facilities in thesubdivision) prior to taking title. All purchasers, after takingtitle, will be required to pay taxes and special assessments (andin Allyson Acres South, Oaks, Hilltop. Dogwood, Valley View andMobile Vista Additions make payments for the maintenance of com-mon facilities in the subdivision) as provided below. If eitheranswer is yes, complete the schedule below:

    Approximate Amount ofBuyer's Annual Payments,

    Taxes Consult local taxing authorities.Special Assessments Consult local taxing authoritiesPayments to Developer $24.00 per lot ii Allyson AcresSouth, Oaks" Hilltop, Dogwood,Valley View and Mobile Vista Add- '

    1"i tions .Othe r None known

    8. a. Will buyer's down payment and installment paymentsbe placed in escrow or otherwis-e set aside? No. If not,will title be held in trut or in escrow? No.b. Except for those property reservations which landdevelopers commonly conveyor dedicate to local bodies orpublic utilities for the purpose of bringing public servicesto the land being developed, will buyer receive a deed freeof exceptions? No. For the purposes of orderly development,safety and to provide a pleasant appearance, the subdivi-sions are subject to certain "Restrictive Convenants" whichare summarized herein. hnprovements are suhject to priorwritten architectural approval from developer or the archi-tectural committee when formed. No single residentialdwelling containing less than a specified number of squarefeet shall be placed on certain lots. All buildings mustbe placed on permanent and solid type foundations, footingsor piers of concrete or masonry. Iioperative vehicles,salvage and junk material and piles of brush shall not bepermitted upon the property and shall be disposed of ina safe manner. liprovements shall be kept in repair and

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    .' grass cut below 18". No trilers, tents or structures,shall be used for residential purposes other than asapproved by the architectural authority. No structuresshall be moved into the subdivision. Construction and,maintenance of all structures shall be in accordance withOklahoma State Department of Health regulations. Mo out-door privies shall be permitted. No noxious, offensive,unsightly, malodorous or unhealthy activities or condi-tions shall be permitted. No horses, cows, swine, sheepor goats shall be permitted in the subdivisions. Thebuilding set-back line is 15 feet. Construction, oncestarted, must be completed within 12 months. Garbage andtrash burners and receptib1es must be hidden. Parking onthe roadways i8 limited to one hour, and the speed limitis 25 miles per hour.

    With regard to Allyson Acres South: Lots 25 through35, Block 2, and Lots 11 through 14, Block 4, AllysonAcres South Addition, are restricted to Mobile Homes with500 square feet or more; Lots 6 through 8, 19 and 20,Block 4, and Lots 2~ 'and 24, Block 2, are restricted to'Mobile Homes with 150 square feet or more Lots 4 through9 Block 7, are restricted to Mobile Homes with 400 squarefeet or more. Mobil Homes are subject to appearance'approval from Developer and are restricted to one per 10,t.

    ,There shall be only one building per lot and no, ;signs. No building shall be placed nearer than 15 feeL,,:"to any road line, and no structures shall be placed on" . 'easements nor nearer than 5 feet to 'any ownership line...:,Additions to structures must have prior wr,itten appr,oval.t:.,:,.~~ .' . ,1-' ~ ~ '. .

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    A fee of $24. 00 per lot (in Allyson Acres South,,'oaks, Hilltop, Dogwood, Valley View and Mobile Vista).:!'f' .-....er year shall be charged to each lot owner for upkeepof roads and beautification.

    , ";... .".uyers are referred to the full set of lIRettftiveConvenants" applicable to each ubdivisionforfulld~tai1s"and variances of the restrictions and covena.nts.Tle,- 'above is a summary of the restrictiohs thatapply t' ea.ch ,)0 r.. . _ , 0 _ _ J _ ~.,~,.: ;; lot in each 'subdivision subjec:t- to a few varition8~ ;-: :,' '

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    .;."i.':..,. _' ....:Lots were platted to start where flowage eaaemntsterIlinated; however, it is possible that some of the IoU,

    .....',are subject partially to flowage easements. ,. dThe Developer reserves the right of ingress: and"egress to all easement a,nd public areas and the right to ,,'.drill and install water wells and supply equipment for thepurpose of serving the subdivisions and other areas.

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    c. Buyer should determine permissible uses of theproperty from local zoning authorities. ,.:,d. List all existing or proposed unusual conditionsrelating to the location of the subdivision and to noise, isafety or other nuisances which affect or might affect thesubdivision. Oklahoma is subject to violent windstormsand tornadoes which occur mostly during spring and earlysummer, although occurrances have been noted throughoutthe year. During dry months the area may be subject tobrush fires.9. a. List all recreational facilities currentlyavailable. Television reception, beach, boating, swimmingfishing, water skiing and other water sports on Grand Lake.State any costs or assessments to buyer: A charge of$24. 00 per year p'er lot in Allyson Acres South, OaksHilltop, Valley View, Dogwood and Mobile Vista Additionsis provided in the restrictive covenants applicable to thesubdivisions for the maintenance of roads and beautifica-tion.

    .. b. If facilities are proposed or partly con:1eted, ..state promised completion date, provisions to insurecompletion, and all estimated costs or assessments to' buyer.No additional facilities are proposed. No assurance, can, be given that any will be finished or maintained.10. State whether the following are now available in thesubdivision: Garbage and trash collection, sewege disposal,paved streets, electricity, gas, water, telephone. If yes,state any estimated costs to buyer. If proposed or partly com-

    pleted, state proposed completion date, provisions to insurecompletion and give estimate of all costs including maintenancecosts to buyer....e.Minimal garbage and trash collection is available throughthe use of trash barrels presently provided and emptied on aweekly basis by seller. No additional garbage or trash se:rviceis proposed. The cost of the presently provided garbage and trash

    service is paid by the seller. Each individual lot owner willpay directly for his own additional garbage and trash service.No arrangements have been made for a sewage disposal system.The land is suitable for septic tanks provided that the lot i~large enough. The septic tanks are to be provided by the buyers 'at the buyers' cost which is estimated to be approximately $250.,O.No percolation tests have been accomplished.The road system within the subdivision consists of approxi-mately 1. 8 miles of roadway topped with double bitumis chips andapproximately 11 miles of graded roads with natural gravel base.Such roads are considered all weather for the area. All roadshave a dedicated width of 30 feet. AU of the lots in the

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    The only availabLe water supply is the water table, exist;;-ing approximately 120 to,706 feet below the land surface. ' Eachland owner will be responsible for his own water supply and the' "drilling of any desired wells. No'tests have been performed'by_,~ 'a qualified engineer, to determine if the supply will be adeqatei":j._':/'\":"'d!",.~:::;;i~',J ,to serve the anticipated po~lation of the subdivision; however,':"'~:~'.~' :.""~,,d'!~':~i,:;J,~jresults from the d:rilling of and production from 'at least tW~ :~~~.-~:~t;~';,,~':;~~:l'i~/i;'~wells on the property indicate that an adequate supply exi..t8..;~:::"~,:d ".it;\~"~1~r''-r~ik;;

    . -" ~, ',."' - "t--:r... -i.;\ ....The:~8timated cost of installation of 'a water s'ystem incl~diii"";::!E!:(,i\+)~~;~~t~~the ~rilling of a well is be~ee.n $500 and $2, 000,..00 depe,~~Ui8.i~~~\;:~j,;)1~:~f i';;quality. Water from the existing wells on the Pl'_opertYli8.iit~;,J\;'"':':~;f,;~~\;'~~Zbeen test,-ed , The developer is drilling wells in the 'area ana,~~r; " \;';~.)'::'F;,:;stalling a water distribution system that presently is optional;,:' c:"';.: ~\\i\;:"for the lo,t owners. The current cost for such water system t.8;~ \. ,!;.::',;\-i:j~~;approximately $500.00 for a water tap plus $6.00 per month'"fo,~,,', :;d:~/.;r;i'/water service.. There is no assurance thqt the cost will not Jn~;i:'~c' '",;i';;";:~t-~crease. ' '. ,~, "Ti~:;",' ' ~~~~,;,~;t~:'~"~j:r

    " Grand Telephone, 10 cated in' Jay, Oklahoma, approximtely 15"" '~miles distant, provides service of telephone facilities in the ,lhibdiv:i8ioi-~../':;/~, ... ~:, : ! ":-l, ::' -: ~, ."' .:.).- (,~.....;.. 1t /. , ,;;."',

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    sUOQiViS10ns can be reached by coirentional automobile. There;are no proposed improvements to the road system within the 8ub~ ,"divisions. Developer is considering asphalting the principal .roads, but no as surance can be given that this will be done., ,:,-,,,~;"'~"

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    ~ "lectricity is available from Northeast Oklahoma ElectricCo-operative of Vinita, Grove and Jay, Oklahoma. The supplieris a public utility company and a Rural Electric Co-Operative.Electrical facilities have not been extended to the individuallots but are available to each lot owner upon request of North-east Oklahoma 'Electric Co-Operative. ' .': /: ~:'

    . ! ./, .~; .-Liquified Petroleum Gas (LPG) is the only available;o41~e'of gas supply. It iS,availab1e through LPG companies in Jay iand"\,Disney, Oklahoma, at a price of approximately l5 per gallong aaof March, 1971. Each individual lot purchaser will be respo~~,~'::fble for,contracting for and installing his own gas sUPPly:Whic,h;;:,is estimated to cost approximately $250.00 to $500,. 00. :~):"1

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    11. Will the water supply be adequate t serve the ntieipated c~!,'."population of the area? No tests have been performed by- $.'qualifid ' 'rl't"~;engineer to determine if the water supply will be adequate t08e:r~e the' 'r\,::;T~i:"~anticipated popi lation of the subdivisions; however, results,frorn the '4;,'hr';". ..' ~_' .j.~~1,~~'l.\'Il'~drilling of and production from at least two wells on the property" ""ft'''i$indicate that an adequate supply exists. "l','dt~':'Ff:~::::. .-, ~,s.~12. Is any drainage of surface water, or use of fill nec,essary' "~l.L~to make lots suitable for construction of a one-story residential" structui1,1 :i~::~,No. If yes, state whether any provision has been made for drainage or "',;',Jfill and give estimate of any costs buyer would incur. Not applicable. d:ei':'"

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    ...-;,~13. State wh~ther any of",the following are currently. available;, .",in the subdivision: Schols; medical facilities (hospitals, doctors, dentistshopping facilities. List availability of public transportation to and distance ofacilitY: from geographic center of subdivision. The following facilities are available near the subdivisions at the distances and locations statedbelow:

    Distance fromGeographic CenterFacility of Subdivision LocationElementary school 15 miles Jay, OklahomaJunior high school 15 miles Jay, Ok1i omaJay Memorial Hospital 15 miles ,Jay, OklahomaPhysicians and dentists 15 miles Jay, OklahomaSporting goods 1'0 miles Langley, OklahomaGroce ry 10 miles ,.:,,"Disney,Ok1ammaCar service station '('.-10 miles Disney~" Okhoma" f;f;,R~;

    :~ ~.n:~:t:~~~::=);~~t~~it. .~ , . ;~:i,:-..~:.~ .,~ ::The local school district provides bus service to a,nd frotni,tbe sub;: ,.. r,::":'~;t:\divisions.' Ambulance service is available from Lawson Funei:al Home ',.,;', ::.,and Clark Funeral Home, both located in Jay, Oklahoma. Jhere~.s.:",:,,;:~:;'~"

    no public transportation serving the subdivisions., The nearest public, ' i;,F":.;';i7 r: '.-.J. f:"transportation is approximately 30 miles distant in Vinita,,;!0k1ahoma. ':',~;t\;/, ;"" ',,;::. . ";,,:,,.~t:,:r,:14. Approximately how many homes were occupf~d ~.'f th':,';.','At/.~:..._ _'". ..". . ~i.~. ,,'='r~31st day~of July, 1972 ?30. Since the area is recr.eationai (n,i;atur~..d ,',';::J:/t,;\.occupancy varies according to the owner's desir~s... " ".~'" ':d"~)'?:i!i~:,. ", : ...t ,", ....,. .... :....,.~;,.:~~~;'~;1..\,'\

    -~15. a. State elevation of the highest and lowest lots i:n the . ;,;:f::ubdivision and briefly describe topography and physical charact""1..1'~;"~.....U:,.! L,':~eristics of the property. Topography is hilly, and th.esoili thi~b;.~:";::J.J;',

    and rocky. Some of the lots have erosion problems.: Many lot.",:,;:t:~l have trees and shrubs which must be cleared before'cnstructioQ.~~~:'r3Some of the lots are on the shore of Fox Hollow COYEf on D.rowninl;:;\~Creek of Grand Lake. The level of Grand Lake f1uctuate8~ and' ,':,AJ'\~'

    r ,i.':~" tthose lots on the shoreline are possibly subject to a .food .~,-,:~~l

    Dry (g,o,o. 10 miles'Laundromat 10,miles

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    control easement; however, each lot was designed to,endat the top of the flowage easement. T,he elevation of thehighest and lowest lots in the subdivisions are 900 feet.. (approximately) above sea levd and 754 feet (top of GrandLake flood control) above sea level respectively.

    b. State in inches the average annual rainfall and,if applicable, the average annual snowfall for the subdivisionor the area in which it is located. The average precipitation is56 inches of which less than 10 inches is snow.

    c. State temperature ranges for summer and winter,including highs, lows and means. Temperatures are not avail-,able for the Grand Lake area. At the Tulsa International Airport,the temperature ranges to a high of noo and a low of approximately500 in summer. In winter, the temperature ranges from a low of3,0 to a high of approximimately 86. Mean temperatures are notavailable.16. Will any subsirface improvement, or special foundationwork be necessary to construct one story residential or commercialstructures on the land? No. If yes, state if any provision has beenmade and estimate any costs buyer would incur. None of the land in the

    subdivision will require corrective work before construc1ure of a one-story residential structure; however, normal site clearing ana foundationprepration are required byt are, not considered "corrective work". Nounusual construction techniques will be necessary to build on any part'of the,land. Most of the lots are hilly, rocky and have trees and shrubs, and con-struction techniques will have to take these .factors into account, but suchtechniques are not unusuaL. None of the land will require fill before ton-structin.

    17. Are all lots and common facilities legally acce8sible bypublic road or street? ' Yes. If not, explain. Not applicable.18.If not, has

    cost to theHas land in the subdivision been platted of record?it been surveyed? It has been surveyed. If not, state

    buyer to obtain a survey. Not applicable.Yes.estimated

    19. Are lots staked or marked so that buyer . , . ..'_~_ _::.,.-~':::can locate his lot:?' Yelir

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