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RES 1998-2149 - Early depreciation of loan for Gwendolyn T Wells for rehabilitation of 2575 Pierce St '', O AHA, ` Planning Department RECEIVEDOmaha/Douglas as Civic n� gl Center Ott'w• rc►' 1819 Farnam Street,Suite 1100 9 rt -ti N 98 JUL 24 AM IO: 24 Omaha,Nebraska 68183 0110 o.tom (402)444-5200 �o �ry (402)444-5150 44o FES0*� ;, R Telefax(402)444-6140 O �I.FI. , ;:7_ Jt.-Sr\.4 City of Omaha Robert C.Peters Hal Daub,Mayor Acting Director Honorable President and Members of the City Council, Attached is a proposed Resolution allowing for the early depreciation of the principal of a deferred payment loan executed by Gwendolyn T. Wells. The terms of the 1994 Deed of Trust securing this loan provided for the partial financing of the rehabilitation of property located at 2575 Pierce Street, such financing consisting of an HCD repayable loan in the amount of$11,350.00 and an HCD deferred loan in the original amount of$20,000.00, subsequently reduced to $18,990.00. This financing was provided through the Target Area Rehabilitation Program authorized by Resolution No. 1633 adopted by the City Council on June 7, 1994. Ms. Wells is unable to remain in Omaha and fulfill the occupancy requirements of the deferred loan. She has also defaulted on her obligations related to her first deed of trust. A buyer has offered $57,500.00 to purchase the property. This price is within the value range for the property as estimated by market analysis. However, this amount is insufficient to pay off their current first mortgage balance of$28,422.66,the City's second lien in the amount of$10,285.19, and the City's third place lien in the amount of$18,990.00,as well as closing costs. Ms. Wells has requested that the City depreciate the balance of the deferred loan to facilitate the sale of her property. The terms of the Deferred Loan Promissory Note allow for the loan principal to depreciate 50%after five years from the date of the Note and then 1/120th for each month thereafter. Although five years has not transpired, the particular circumstances of this case warrant early depreciation in the amount of $7,754.25. The depreciated balance due of$11,235.75,plus the balance of the repayable loan, will be repaid at the time of sale from sale proceeds. The proposed Resolution would allow for the early depreciation of the City's interest in the property and repayment of a portion of the loan principal rather than the City suffering a total loss due to a first mortgage foreclosure. Your favorable consideration of the Resolution is requested. Sincerely, Referred to City Council for Consideration: • /- 11 5 - 7/Af---. 7. 2,./Z. Ot • Robert C. Peters Date Mayor's Office/T tle 'l, Date Acting Planning Director P:\PLN3\6330.SAP C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, on June 7, 1994, an Agreement between the City of Omaha and Gwendolyn T. Wells was approved by the City Council,by Resolution No. 1633, and executed by the Mayor of the City of Omaha; and, WHEREAS,the Agreement provided for the partial financing of the rehabilitation of property located at 2575 Pierce Street, such financing consisting of an HCD repayable loan in the amount of$11,350.00 and an HCD deferred loan,in the original amount of$20,000.00, subsequently reduced to$18,990.00,the principal of which becomes due upon sale,lease or other transfer of any kind or nature of the mortgaged property, or any part thereof, without the prior written consent of the Mortgagee; and, WHEREAS,the above-referenced financing is secured by a Repayable Loan Deed of Trust recorded with the Douglas County Register of Deeds on July 14, 1994 in Book 4375 on Page 129, and a Deferred Loan Deed of Trust in Book 4375 on Page 148; and, WHEREAS,Gwendolyn Wells is no longer able to occupy the Pierce Street property and has obtained a buyer for that property; and, WHEREAS, the purchase price of the property is insufficient to pay off the first mortgage as well as the City's repayable and deferred payment loan Deeds of Trust in second and third lien positions; and, WHEREAS, Ms. Wells has requested that the City depreciate the principal balance of the deferred payment loan in order to facilitate the sale of her property; and, WHEREAS, it is in the best interests of the citizens of the City of Omaha that this loan principal be depreciated and the property sold. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By Councilmember Adopted City Clerk Approved Mayor (11) • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 19 PAGE-2- THAT, as recommended by the Mayor, in consideration of the extenuating circumstances regarding the ability of Gwendolyn T.Wells to comply with her loan obligations to the City of Omaha related to her property located at 2575 Pierce Street, the City consents to the depreciation of the original principal balance of the deferred loan in the amount of$18,990.00 by 0 1/120th for each month,or portion thereof,that has passed since the date of the Deed of Trust,June 7, 1994. The depreciated loan balance will be due along with the repayable loan balance upon the sale of this same property. Be it further resolved that this depreciation applies only upon the sale of the property. AP ROVED AS TO 0" r. 0apaPA, 7 � y8 SIS ANT C ATTORNEY DATE P:\PLN3\6331.SAP • • By.. ............ . Councilmember Adopted JUL 8 1998 �_ CO / City CI Approved fir %� * , Mayor ' r+ el. N Ti cD 59 CA ": � ° N �' o a.a4 °n o z nocr Oa n CD 50 (fQ CI) 51 n ►,, 5. n) o "g CD • • b CD CD � • . cp o cr a 0-3 • IHUillH Po a• • • • • r , • m i . • .4.