Deed to purchaser; notice to owner; redemption after notice; effect of deed

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48-2074. Deed to purchaser; notice to owner; redemption after notice; effect of deed

A. After the expiration of twelve months from the date of sale, the board shall cause to be executed to the purchaser or his assignee on his application, if he has fully complied with this section, a deed to the property sold. The deed shall recite substantially the matters contained in the certificate, any assignment and that no person has redeemed the property. The district shall receive from the applicant for a deed one dollar for making the deed.

B. The purchaser shall, at least thirty days before he applies for a deed, mail to the owner, all lien claimants of record, all persons of record with an interest in the property and, if occupied, the occupant of the property a written notice that the property, as described, has been sold for a delinquent assessment, the improvement for which the assessment was made, the amount for which the property was sold, the amount necessary to redeem at the time of giving notice, the time the purchaser or assignee may apply to the district for a deed and that all interests in the property, whether of record before or after recording of the assessment lien in the district office, will be extinguished, except for the lien for general property taxes and prior special assessments. If the owner cannot be found after due diligence, the notice shall be posted in a conspicuous place on the property at least thirty days before the time stated in the notice for the application for a deed.

C. The applicant shall file with the district an affidavit showing that notice of the application has been given and, if the notice was not served on the owner personally, that due diligence was used to find the owner. If redemption of the property is made after the affidavit is filed and more than eleven months from the date of sale, the person making redemption shall pay, in addition, for payment to the purchaser, fifteen dollars for the service of notice and the making of the affidavit.

D. The deed of the district is prima facie evidence of the truth of all matters stated in the deed, the regularity of all proceedings before the execution of the deed and of title in the grantee. The deed shall convey to the purchaser fee title to the lands described therein, free and clear of all interests, liens, claims and encumbrances whether of record before or after the assessment lien, except for the lien for general property taxes and prior special assessments.


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