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r The term shal not include a transfer by gift, devise, or inheritanco, a
cransfer of any leasehold intersst other than of the typ~ mentioned above, a
cancellation or forfeiture of the vendee's interest in a contract for the sale
of real property, whether or not such contract contains a forfeitu~e clause,
or deed in lieu of foreclosure of a mortgage or the assumption by a grantee
of the balance owing on an obligation which is secured by a mortgage or deed
in lieu of forefeiture of the vendee's interest in a contract of eals where no
consideration passes otherwise or the partition of property by tenants in
common by agreement or as the result of a court decree any transfsr, conveyance
or assignment of property or interest in property from one spouse to the other
in accordance with the terms of a decree of divorc3 or in fulfillment of a
property settlement agreement, incident thereto, the assignment or other transD
fer of a vendor's interest in a contract for the sale of real property ~ven
though accompanied by a conveyance of t.he vendor' 8 interest in the re~ prop-
erty involved, transfers by appropriation or dec~ee in condemnation proceedings
brought by the United States, the State or any political subdivision theraof,
or a municipal corporation, a mortgage or other transfer of an interest in
real property merely to secure a debt, or the assignment thereof, any transfer
or conveyance made pursuant to an order of sale by the court in any mortgaga
lien foreclosure proceedings or upon execution of a judgment, or deed in lieu
of foreclosure to satisfy a mortgage, a conveyance to the Federal Housing Admini-
stration or Ve~erans' Administration by an autho~ized mortgagae made pursuant
to a contract of insurance or guaranty with the Federal Housing Admini6traticn
or Veterans' Administration, nor a transfer in compliance with the torms of any
lease or contract upon which the ta>: as imposed by this Chapter has been paid
or where the lease or contract was entered into prior to the date this tax was
first imposed, nor the sale of any grave lot or lot in a.n established cemetery,
nor a sale by or to the United States, this State or any political subdivision
thereof, or a municipal corporation of this State.
SECTION II
There is hereby levied and there shall be collected by the Treasurer on
each sale of any real property situated in Jefferson County a tax equal to
one (1) per cent of the selling price.
SECTION III
The tax imposed by this ordinance shall be the obligation of the seller
and the treasurer may proceed to collec~ the same from the seller by a civil
action for debt; PROVIDED, the tax shall also constitute a lien against the
real property the sale of which is involved, until paid and may be enforced
by the Treasurer in the manner preacribod for the foreclosure of mortgages;
PROVIDED FURTHER, an election on the part of the Treasurer to pursue one remedy
shall in no even~ operate to waive his right to pursue the other remedy until
the full tax together with interest, ponalty, and costs shall have been recovered.
SECTION IV
The tax herein levied shall be paid to and collected by the Treasurer who
shall cause to be affixed to the inatrunlGnt of sale an appropr:!.ate stamp or
stamps evidencing satisfaction of the lien imposed hereunder and shall further
issue a receipt acknowledging such payment which receipt shall be evidence of
the satisfaction of the li0n imposed hereunder and may be recorded in the
mannor prescribed for recording satisfaction of mortgages.
SECTION V
No instrument of salo or convoyanco, a tax on which is impoaed by this
ordinance, shall be accepted by the County Auditor for filing or recording
until the tax shall have boon paid and the stamp or stamps evidencing lIuch
payment have be~n affixed to the inatrument or, where no tax is levied hor~-
under, a stamp indicating such.