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1992-16966-Resolution No. 92-036 Recorded 5/21/199292-16966 REVI LE ,4L COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Initiating Proceedings to Foreclose on Real Property Known as Lower Bridge Estates in Deschutes County, Oregon; Listing Deedholder to Properties; Attaching Litigation Reports on Said Properties; the Amount of the Assessment and Interest Due; and Referring this Resolution to County Counsel for Appropriate Legal Action. RESOLUTION NO. 92 -036 011 8-0502 WHEREAS, the Deschutes County Treasurer has referred for collection delinquent assessments for improvements benefitting real properties described in the Litigation Guarantees labelled groups "A" through "J" attached hereto and by this reference incorporated herein; and WHEREAS, the assessment payments for said improvements have been delinquent since at least 1987 and have not been paid despite demands duly made and presented; and WHEREAS, Litigation Guarantees have revealed that Federal Savings and Loan Insurance Corporation (now FDIC), in its receivership capacity for Citizens Savings and Loan, is the deedholder of properties labelled groups "D" and "I," and Lot 12, Block 5 of group "H;" Bill Mayfield is the deedholder of properties labelled groups "B," "C" and "G," and Lot 5, Block 3 of Group "H;" the Estate of Rodney K. Houser is the deedholder of property labelled group "A;" Stevens and Lee Investment is the deedholder of property labelled group "E;" Johnson's Parkway Realty, Inc., is the deedholder of property labelled group "F;" Jerald E. Fox, Lando D. Crittenden and G. Louise Crittenden, Gerald G. Dumont and Alma M. Dumont, Robert A. Giuliani and Katherine M. Giuliani, Eldon L. Erickson and Carol F. Erickson, Richard W. Henton and June M. Henton, Joneth Ann Lucht, Bob D. Wehnert, Stanley A. Rich, Michael P. Moore and Sandra L. Moore, Lloyd V. Swanson, James G. Youde and Judith D. Youde, G. R. Alexander and Catherine Alexander, and Bernard E. Musch and Connie B. Musch are the deedholders of properties labelled Group "J;" and that numerous parties have an interest in all of said properties; and WHEREAS, the Board of County Commissioners has determined it to be in the public interest to foreclose on said properties; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the Board of County Commissioners finds that there is an outstanding unpaid improvement assessment on the subject W CnC)ty D 11 i €t 41 i99? 0118-0503 properties totaling $127,224.61 plus interest accruing at a rate of 12% per annum from the date each assessment payment was /is due. Section 2. That it is the intent of the Board of County Commissioners that foreclosure proceedings be initiated to foreclose on the subject properties, naming as defendants those parties identified by title search as having an interest in the subject property. Section 3. County Counsel shall proceed to foreclose on said property. DATED this ATTES'� day of -1 l Lf,1V%I , 1992. BOAR OF C UNTY COMMISSIONERS OF DESCHUT S COUNTY, OREGON Recording Secretary TO 1I1HHRdOP, fommissioner /lCdatf.( ,),A(AdAkop„___ NANCY POP SC1LANGEN, CommisOioner DICK MAUILIN, Chairman 2 - RESOLUTION NO. 92 -036 (5/13/92) CIO IN URANCE 0118 -0504 Litigation Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THE GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; This Guarantee shall not be valid or binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By Dated: Attest C tersigne : By O44(,) 4l_/-; /..« Validating Signatory President Secretary TO 2551 OR (1 -84) Form 8.5 Guarantee Conditions and Stipulations 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. (c) Title to any property beyond the lines of the land express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers, to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118 -0506 No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. TO 2551A OR (5 -87) Litigation Guarantee No. GL38 000131 1. Name of Assured: Amount of Guarantee $ 19,000.00 Date of Guarantee December 5, 1991 DESCHUTES COUNTY, OREGON, a Municipal Corporation. OWNERS POLICY Schedule A 0118 -0507 102175 —TA Premium $185.00 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: THE HEIRS AT LAW OF RODNEY K. HOUSER, Deceased 4. The land referred to in this Guarantee is situated in the County of Deschutes State of Oregon, and is described as follows: Lot Twenty -Two (22), Block One (1), LOWER BRIDGE ESTATES, Deschutes County, Oregon. 5. The title to said estate or interest is subject to the following Exceptions: SEE EXHIBIT "A" Litigation Guarantee - Form 8.5 Page 1 of Exhibit "A ", Order No. 102175 -TA, dated December 18, 10 18-0508 EXHIBIT "A" Taxes assessed under Code No. 2 -3 Account No. 14 12 14B 300 Serial No. 165368, (Affects Lot 22, Block 1) 1. The 1986 -1987 Taxes; $436.60, plus interest, UNPAID. 2. The 1987 -1988 Taxes; $439.12, plus interest, UNPAID. 3. The 1988 -1989 Taxes; $481.53, plus interest, UNPAID. 4. The 1989 -1990 Taxes; $436.64, plus interest, UNPAID. 5. The 1990 -1991 Taxes; $355.50, plus interest, UNPAID. NOTE: The above taxes are subject to foreclosure action, filed August 16, 1990, case No. 91CV0344TM. 6. All lots are subject to a Local Improvement District Assessment due - K024 7. Rights of the public and governmental bodies in and to that portion of said premises, now or at any time, lying below the ordinary high water line of the Deschutes River, including any ownership rights which may be claimed by the State of Oregon below high water mark. (Affects Lot 22, Block 1) 8. Such rights and easements for navigation and fishing as may exist over that portion of the property, now or at any time, lying beneath the waters of the Deschutes River. (Affects Lot 22, Block 1) 9. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: - January 15, 1979 Recorded: January 29, 1979 Book /Page: 261/843, Mortgage records. Mortgagor: Bill Mayfield Mortgagee: Deschutes -Odin Falls Ranch, a partnership consisting of Charles Miller; Neva Gould, personal representative of the Estate of Phillip R. Gould; Frank Gilchrist; Owen M. Panner; Philip Dahl, Harold Barclay, Oliver R. Jones, Samuel S. Johnson and Orchard Street Associates, a joint venture. (Includes other property) Said Mortgage was assigned of record by instrument Dated: November 2, 1979 Recorded: November 6, 1979 Book /Page: 269/970, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees CONTINUED 0118-tl0509 Page 2 of Exhibit "A ", Order No. 102175 -TA, dated December 18, 1991. Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB0103JT. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 21, 1988, in Book 176, Page 209, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 29, 1989, in Book 199, Page 2497, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 26, 1990, in Book 225, Page 2258, Deschutes County Records. 10. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: Dated: Recorded: Book /Page: Mortgagor: Mortgagee: $No amount shown March 15, 1979 April 4, 1979 265/497, Mortgage records. Johnson's Parkway Realty, Inc., an Oregon Corporation Bill Mayfield Said Mortgage was assigned of record by instrument Recorded: June 27, 1980 Book /Page: 293/787, Mortgage records. Assigned to: Lyman C. Johson and Oliver R. Jones, Trustees (For Security Purposes) Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB0103JT. 11. Covenants, Conditions and Restrictions as contained in instrument recorded March 5, 1981, in Book 337, Page 407, Deed Records. 12. Deed of indebtedness Amount: Dated: Recorded: Book /Page: Grantor: Trustee: Beneficiary: Affects: Trust, including the terms and provisions thereof, to secure an of the amount herein stated. $25,500.00 April 18 1981 May 18, 1981 313 /82,Mortgage Records Rodney K. Houser Central Oregon Escrow Gerald A. Dowd Lot 22, Block 1 The beneficial interest under said Deed of Trust was assigned of record by instrument Dated: September 3, 1981 Recorded: November 5, 1981 Book /Page: 321 /567,Mortgage Records Assigned to: William C. Dowd and Irene Dowd CONTINUED 0118-0510 Page 3 of Exhibit "A ", Order No. 102175 -TA, dated December 18, 1991. 13. Bylaws including the terms and provisions thereof, recorded July 20, 1981, in Book 344, Page 667, Deed Records. 14. Easement, the portion of As granted to: Recorded: Book /Page: including the terms and provisions thereof, affecting said premises and for the purposes stated therein United States Department of the Interior, Bureau of Land Management August 5, 1981 22/333, Deed Records 15. The effect, if any, of the following documents: Unrecorded Contract of Sale, including the terms and provisions thereof Vendor: Johnson's Parkway Realty, Inc., an Oregon Corporation Vendee: Rodney K. Houser As disclosed by: Memorandum of Contract Recorded: November 7, 1983 Book /Page: 32/399, Deed Records Affects: Lot 22, Block 1 Statutory Warranty Deed from Lower Bridge Estates, a joint venture consisting of Johnson's Parkway Realty, Inc., an Oregon Corporation, and Rodney E. Houser to Johnson's Parkway Realty, Inc., an Oregon Corporation, recorded November 7, 1983, in Book 32, Page 410, Deschutes County Records. The Vendor's interest thereunder duly assigned of record by Assignment Recorded: December 22, 1983 Book /Page: 37/918, Deschutes County Records Assigned to: Citizens Savings and Loan Association (For security purposes only) The Vendor's interest thereunder duly assigned of record by Assignment Recorded: January 16, 1984 Book /Page: 40/606, Deschutes County Records Assigned to: Citizens Savings and Loan Association CONTINUED 0118 -0511 Page 4 of Exhibit "A ", Order No. 102175 -TA, dated December 18, 1991. The names of additional persons who are entitled to receive a copy of notice of sale as provided by ORS 86.705, etseq.: 1. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 9 2. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 10 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 3. William G. Dowd and Irene Dowd Address unknown Re: Exception No. 12 4. FDIC manager of FSLIC, receiver for Citizens Savings and Loan Association, 2870 Zanker San Jose, California 95134 Re: Exception No. 15 5. The Heirs at Law of Rodney K. Houser, deceased. END • N 0118-051= See MOP 14 12 cog es. IA• O. _. 200 2. N .100 • N COM ?Li":MENTS OF B :'r_) CC 17r.iii-Y This to _ Tna: City loco:ion coxtipany QoE3 Sl,. :,;r1TGAtAO 2.3 • 300 24 O 22 O goo Mrin 14 17 14C 65. 4: 8 0118-0513 TICOR TITLE INSURANCE Litigation Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THE GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; This Guarantee shall not be valid or binding until countersigned below by a validating signatory of the Company. Dated: (signed: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Validating Signatory By Attest President Secretary TO 2551 OR (1 -84) Form 8.5 0118 -0514 Guarantee Conditions and Stipulations 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the and express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such and abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured tor such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118 -0515 .. , No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. TO 2551A OR (5 -87) Litigation Guarantee No. GL38 000126 1. Name of Assured: Amount of Guarantee $ 15,000.00 Date of Guarantee Decembr 5, 1991 DESCHUTES COUNTY, OREGON a Municipal Corporation OWNERS POLICY Schedule -A 0118-0516 1n217h_mb_ Premium,. , 1 $ 150.00 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: BILL MAYFIELD 4. The land referred to in this Guarantee is situated in the County of Deschutes State of Oregon, and is described as follows: Lot Seven (7), Block Three (3), LOWER BRIDGE ESTATES, Deschutes County, Oregon. 5. The title to said estate or interest is subject to the following Exceptions: SEE EXHIBIT "A" Litigation Guarantee - Form 8.5 0118 -051'7 Page 1 of Exhibit "A ", Order No. 102176 -TA, dated December 20, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 22C 300 Serial No. 165421, (Affects Lot 7, Block 3) 1. The 1987 -1988 Taxes; $382.03, plus interest, UNPAID. 2. The 1988 -1989 Taxes; $384.23, plus interest, UNPAID. 3. The 1989 -1990 Taxes; $380.15, plus interest, UNPAID. 4. The 1990 -1991 Taxes; $344.72, plus interest, UNPAID. 5. The 1991 -1992 Taxes: $280.64, plus interest, UNPAID. NOTE: The above taxes are subject to foreclosure action filed September 25, 1990, Case No. 9OCVO314TM. 6. Subject to a Local Improvement District Assessment No. K -024 in favor of Deschutes County. 7. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: January 15, 1979 Recorded: January 29, 1979 Book /Page: 261/843, Mortgage records. Mortgagor: Bill Mayfield Mortgagee: Deschutes -Odin Falls Ranch, a partnership consisting of Charles Miller; Neva Gould, personal representative of the Estate of Phillip R. Gould; Frank Gilchrist; Owen M. Panner; Philip Dahl, Harold Barclay, Oliver R. Jones, Samuel S. Johnson and Orchard Street Associates, a joint venture. (Includes other property) Said Mortgage was assigned of record by instrument Dated:- November 2, 1979 Recorded: November 6, 1979 Book /Page: 280/464, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- O1O3JT. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 21, 1988, in Book 176, Page 209, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 29, 1989, in Book 199, Page 2497, Deschutes County Records. CONTINUED 0118 -0518 Page 2 of Exhibit "A ", Order No. 102176 -TA, dated December 20, 1991 Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 26, 1990, in Book 225, Page 2258, Deschutes County Records. 8. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: Dated: Recorded: Book /Page: Mortgagor: Mortgagee: $No amount shown March 15, 1979 April 4, 1979 265/497, Mortgage records. Johnson's Parkway Realty, Inc., an Oregon Corporation Bill Mayfield Said Mortgage was assigned of record by instrument Recorded: June 27, 1980 Book /Page: 293/787, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees (For Security Purposes) Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- 0103JT. 9. Covenants, Conditions and Restrictions as contained in instrument recorded March 5, 1981, in Book 337, Page 407, Deed Records. 10. Bylaws including the terms and provisions thereof, recorded July 20, 1981, in Book 344, Page 667, Deed Records. 11. Easement, the portion of As granted to: Recorded: Book /Page: including the terms and provisions thereof, affecting said premises and for the purposes stated therein United States Department of the Interior, Bureau of Land Management August 5, 1981 22/333, Deed Records 12. Unrecorded Contract of Sale, including the terms and provisions thereof Vendor: Lower Bridge Estates, a joint venture consisting of Johnson's Parkway Realty, Inc., an Oregon Corporation Vendee: Robert H. Belknap and Susan L. Belknap As disclosed by: Memorandum of Contract Recorded: Book /Page: Affects: The Vendor's Recorded: Book /Page: Assigned to: January 22, 1982 353/142, Deed Records Lot 7, Block 3 interest thereunder duly assigned of record by Assignment January 16, 1984 40/606, Deschutes County Records Citizens Savings and Loan Association CONTINUED Page 3 of Exhibit "A ", Order No. 102176 -TA, dated December 20, 19991. 8°0519 A Suit to foreclose the above contract was filed November 13, 1985, case No. 85- CV- 0488WE. A sale was held on June 12, 1986 at which the attorney for plaintiff bid and a Return of Execution was filed on June 18, 1986, however, a Sheriff's Deed was not recorded. Quitclaim Deed from Federal Deposit Insurance Corporation, as Receiver of Citizens Savings and Loan Association to Bill Mayfield, recorded July 22, 1991, in Book 240, Page 1164, Deschutes County Records. The names of additional persons who are entitled to receive a copy of notice of sale as provided by ORS 86.705 etseq.: 1. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 7 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Addresses unknown 2. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 8 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Addresses unknown 3. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 12 END : T4S. .W. -ES COUNTY A 0118 -0520 200' COASPLI2yiENTS OF BEI'D 'i'.LE COMPANY v This sketch i:: ,_277*1`aod p 14 12/ 228 — to assist ill t:2o, '- :y 1/ • location and t o cc,nw. does not guarantee loi its cccu_ccv .aq.}y a rt. x.69• 4t3''w/• G 2.28' S o z rei 400 100 , W r r. r F''' e 0 1 o 0 / N f p O h � 6 1 4 I- 3 �� 4 / j NW Cli) i / , N � t; l nri si, lfi H.al. 4a 2.34-a. '" s.i �r to r '+ 424.4:' (1 °Q C 300 .1 200 g/ / x >� T / I e c ,, 1 - N\ CO , d\ . ,_ o 7 o•a 18 ON ON I. Z / i' / / 7 r o / i N o.,_ / �� N c s, ro o o 2 Ut y TICOR TITLE INSURANCE Litigation Guarantee 0118-0521 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THE GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; This Guarantee shall not be valid or binding until countersigned below by a validating signatory of the Company. Dated: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Go-untersigned: Validating Signatory By ,yt President Attest f Secretary TO 2551 OR (1 -84) Form 8.5 0118-05 2 Guarantee Conditions and Sty ulations A 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such and abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the rnortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property • in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118 -0523 No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. TO 2551A OR (5 -87) OWNERS POLICY Schedule A 0118 -0524 102178 —TA Litigation Guarantee No. GL38 OOO12 1. Name of Assured: Amount of Guarantee $ 97 . Q00. nn Date of Guarantee December 5. 1991 DESCHUTES COUNTY, OREGON a Municipal Corporation Premium $ 450.00 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: BILL MAYFIELD 4. The land referred to in this Guarantee is situated in the County of Deschutes State of Oregon, and is described as follows: Lot Four (4), Block Two (2); Lot Seven (7), Block Four (4), Lots Two (2), Nine (9) & Ten (10), Block Five (5), all in LOWER BRIDGE ESTATES, Deschutes County, Oregon. 5. The title to said estate or interest is subject to the following Exceptions: SEE EXHIBIT "A" I Ithnn nn (;i r1r-4■1.-nn - F"nrm P', EXHIBIT "A" 0118 =0525 Page 1 of Exhibit "A ", Order No. 102178 -TA, dated December 27, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 600 Serial No. 165397, (Affects Lot 4, Block 2) 1. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 2. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 1000 Serial No. 165402, (Affects Lot 7, Block 4) 3. The 1990 -1991 Taxes; $310.24, plus interest, UNPAID. 4. The 1991 -1992 Taxes: $299,39, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22D 300 Serial No. 165425, (Affects Lot 2, Block 5) 5. The 1990 -1991 Taxes; $459.62, plus interest, UNPAID. 6. The 1991 -1992 Taxes: $420.96, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 23B 600 Serial No. 165434, (Affects Lot 9, Block 5) 7. The 1990 -1991 Taxes; $459.62, plus interest, UNPAID. 8. The 1991 -1992 Taxes: $420.96, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 23B 500 Serial No. 165433, (Affects Lot 10, Block 5) 9. The 1990 -1991 Taxes; $459.62, plus interest, UNPAID. 10. The 1991 -1992 Taxes: $420.96, plus interest, UNPAID. 11. Rights of the public and governmental bodies in and to that portion of said premises, now or at any time, lying below the ordinary high water line of the Deschutes River, including any ownership rights which may be claimed by the State of Oregon below high water mark. (Affects Lots 2, 9, & 10, Block 5) 12. Such rights and easements for navigation and fishing as may exist over that portion of the property, now or at any time, lying beneath the waters of the Deschutes River. 13. All lots are subject to a Local Improvement District Assessment No. K -024 in favor of Deschutes County. CONTINUED 0118-0526 Page 2 of Exhibit "A ", Order No. 102178 -TA, dated December 27, 1991. 14. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: January 15, 1979 Recorded: January 29, 1979 Book /Page: 261/843, Mortgage records. Mortgagor: Bill Mayfield Mortgagee: Deschutes -Odin Falls Ranch, a partnership consisting of Charles Miller; Neva Gould, personal representative of the Estate of Phillip R. Gould; Frank Gilchrist; Owen M. Panner; Philip Dahl, Harold Barclay, Oliver R. Jones, Samuel S. Johnson and Orchard Street Associates, a joint venture. (Includes other property) Said Mortgage was assigned of record by instrument Dated: November 2, 1979 Recorded: November 6, 1979 Book /Page: 280/464, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- 0103JT. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 21, 1988, in Book 176, Page 209, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 29, 1989, in Book 199, Page 2497, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch,. recorded December 26, 1990, in Book 225, Page 2258, Deschutes County Records. 15. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: Dated: Recorded: Book /Page: Mortgagor: Mortgagee: Said Mortgage Recorded: Book /Page: Assigned to: (For Security $No amount shown March 15, 1979 April 4, 1979 265/497, Mortgage records. Johnson's Parkway Realty, Inc., an Oregon Corporation Bill Mayfield was assigned of record by instrument June 27, 1980 293/787, Mortgage records. Lyman C. Johnson and Oliver R. Jones, Trustees Purposes) CONTINUED 0118 -0527 Page 3 of Exhibit "A ", Order No. 102178 -TA, dated December 27, 1991. 16. Covenants, Conditions and Restrictions as contained in instrument recorded March 5, 1981, in Book 337, Page 407, Deed Records. 17. Bylaws including the terms and provisions thereof, recorded July 20, 1981, in Book 344, Page 667, Deed Records. 18. Easement, the portion of As granted to: Recorded: Book /Page: including the terms and provisions thereof, affecting said premises and for the purposes stated therein United States Department of the Interior, Bureau of Land Management August 5, 1981 22/333, Deed Records 19. Deed of Trust, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: Dated: Recorded: Book /Page: Grantor: $20,000.00 July 27, 1984 December 24, 1984 85/64, Deschutes County Records Johnson's Parkway Realty, Inc., By: William H. Johnson & Stacy Johnson Trustee: First Western Title Beneficiary: Citizens Savings and Loan Association (Affects Lot 10, Block 5) 20. Deed of Trust, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: Dated: Recorded: Book /Page: Grantor: $20,000.00 July 27, 1984 December 24, 1984 85/69, Deschutes County Records Johnson's Parkway Realty, Inc., By: William H. Johnson & Stacy Johnson Trustee: First Western Title Beneficiary: Citizens Savings and Loan Association (Affects Lot 9, Block 5) 21. Deed of indebtedness Amount: Dated: Recorded: Book /Page: Grantor: Trustee: Beneficiary: (Affects Lot Trust, including the terms and provisions thereof, to secure an of the amount herein stated. $13,980.00 July 27, 1984 December 24, 1984 85/74, Deschutes County Records Johnson's Parkway Realty, Inc., By: William H. Johnson & Stacy Johnson First Western Title Citizens Savings and Loan Association 4, Block 2) 22. Proceedings pending in the Circuit Court for Deschutes County, Oregon, suit No. 89CV0266TM, filed August 16, 1989 and No. 90CV0314TM, filed September 25, 1990, filed by Deschutes County. CONTINUED 0118-0528 • Page 4 of Exhibit "A ", Order No. 102178 -TA, dated December 27, 1991. 1. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, OR. 97701 Re: Exception No. 14 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Addresses unknown 2. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 15 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Addresses unknown 3. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Vested Owner 4. FDIC mananger of FSLIC, receiver for Citizens Savings and Loan Association, 2870 Zanker San Jose, California 95134 Re: Exception Nos. 19, 20, 21. END .COMPLIDIENTS OF iS E.,ke : .! • d to c]t - _ location and ccmj,any does net guarcnico its accurucy. SEI/4 SEC. 15 T.I4S. R.I2E.W.M. DESCHUTES COUNTY 1-0200' 0118-0529 See Mop 14 2 154 See Mop 14 12 2. , 500 (\\ ' N V m 1 ., CI ,n I 2 4 51. TT. S..59. 54' 5+•.V. 7 11- 1000 I ar• no. De• 54. 54.), 0•4 5 575' 6 900 4 2 T14S. R.12E.W.M. -ES -COUNTY:- "=200' op 14 12 22A -N N. N. N. ■■ -••• 2• tiv 474 A 1. 0 3 6 2 600 COM17,II;IENTS OF This sicetc7.; to assist in pcpc: location and tie acrapan-, does not guarantee its accuracy. 700 5 e 3 14 12 22D 0118-0530 See Mop 14 12 238 4 200 300 2 400 4 41, 110.27 - LAM 500 22 23 See Map 14 12 23C 100 15 I 14 22 '1 23 1 / / t l / / 1 / / / / / 1 / / / 1 / • �/ / N v/ o • (no cn t?/ t/ / / r30• 2 4 N. 6 S S'v. rlf .0r N T COMPLIMENTS 0P BEND TITLE CO..i?RN. This sketch is fum:shed to assist in pzcperty location and tie company does not guarantee its accuracy. 1200 14 0 od 4, er ROBERTS 0 �I P 0 600 1100 r Zdoia 700 f 0 v• i 0118-0531 0 a h c( 11 9. 10 5 2.3 8 a a• / / yY / / 0 0 5 /4 SE C. 15 T. 14 S. R. 12 E.W.M. DESCHUTES COUNTY 1"=200' See Mop 14 12 15A 1400 N T COMPLIMENTS O BEND ITLE CO' :: iiiNY This sketc:i is fumshce to assist in c_t7 location and the company does net ca tcatee 4- !4 $Y. 20 100 Yaw •• • 0 14 12 15D 0118`0532 400 300 2 a IL •Z 2.3 2 600 4 .07. S4 5•• u .16 S 6 yp4 OS /7 37, 900 4 Sa:_�s AV E NU E,,, 5 800 ]4LY •7-y� tip' !.l]� )4 - - - - 4 700 ;3 .0 0 4,47 r W 14 Jr TICOR TITLE INSURANCE 0118 -0533 Litigation Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THE'GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; This Guarantee shall not be valid or binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Dated: rsigned: Validating Signatory T� cam, r,CD „ By Attest President Secretary Guarantee Condition 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the and express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; (2) resulting in no loss to the Assured. or 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured tor such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the rnortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the p.roportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118 -0535 No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. Guarantee No.: GT,RR 000011 2F /f1RfFR NO Liability: $ 31A:000.00 1. Name of Assured: 10717, —TA Effective Date: no =ember E\ 1991 Fee: .$ 1 Grin no 0118 -0536 ` Schedule A. DESCHUTES COUNTY, OREGON a Municipal Corporation 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: FDIC, MANAGER OF FSLIC RESOLUTION FUND AS SUCCESSOR TO FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION AS RECEIVER FOR CITIZENS SAVINGS AND LOAN ASSOCIATION. 4. The land referred to in this Guarantee is situated in the County of Deschutes State of Oregon, and is described as follows: Lots Three (3), Four (4) (19), Twenty -Three (23), Three (3), Block Two (2) (3), Lots One (1), Two ( Four (4), Lot Five (5), County, Oregon. , Five (5), Six (6), Seven (7), Nine (9), Nineteen and Twenty -Four (24), Block One, Lots Two (2) and , Lots Two (2), Three (3), and Six (6), Block Three 2), Three (3) Four (4), Five (5) and Six (6), Block Block Five, all in LOWER BRIDGE ESTATES, Deschutes 5. The title to said estate or interest is subject to the following Exceptions: SEE EXHIBIT "A" TO 2551A OR (1 -84) 0118 -0537 Page 1 of Exhibit "A ", Order No. 102172 -TA, dated December 17, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 15C 300 Serial No. 165383, (Affects Lot 3, Block 1) 1. The 1984 -1985 2. The 1985 -1986 3. The 1986 -1987 4. The 1987 -1988 5. The 1988 -1989 6. The 1989 -1990 7. The 1990 -1991 8. The 1991 -1992 Taxes; $442.80, plus interest, Taxes; $289.80, plus interest, Taxes; $302.68, plus interest, Taxes; $305.62, plus interest, Taxes; $307.38, plus interest, Taxes; $456.18, plus interest, Taxes; $413.66, plus interest, Taxes: $374.21, plus interest, UNPAID. UNPAID. UNPAID. UNPAID. UNPAID. UNPAID. UNPAID. UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15C 200 Serial No. 165382, (Affects Lot 4, Block 1) 9. The 1984 -1985 Taxes; $442.80, plus 10. The 1985 -1986 Taxes; $289.80, plus 11. The 1986 -1987 Taxes; $302.68, plus 12. The 1987 -1988 Taxes; $305.62, plus 13. The 1988 -1989 Taxes; $307.38, plus 14. The 1989 -1990 Taxes; $456.18, plus 15. The 1990 -1991 Taxes; $413.66, plus 16. The 1991 -1992 Taxes: $374.21, plus Taxes assessed under Code No. 2 -3 Serial No. 165408, (Affects Lot 5 17. The 1984 -1985 Taxes; $442.80, 18. The 1985 -1986 Taxes; $289.80, 19. The 1986 -1987 Taxes; $302.68, 20. The 1987 -1988 Taxes; $305.62, 21. The 1988 -1989 Taxes; $307.38, interest, UNPAID. interest, UNPAID. interest, UNPAID. interest, UNPAID. interest, UNPAID. interest, UNPAID. interest, UNPAID. interest, UNPAID. Account No. 14 12 15D 1600 , Block 1) plus plus plus plus plus interest, UNPAID. interest, UNPAID. interest, UNPAID. interest, UNPAID. interest, UNPAID. CONTINUED 0118-0538 .Page 2 of Exhibit "A ", Order No. 102172 -TA, dated December 17, 1991. 22. The 1989 -1990 Taxes; $430.84, plus interest, UNPAID. 23. The 1990 -1991 Taxes; $390.68, plus interest, UNPAID. 24. The 1991 -1992 Taxes: $374.21, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15A 700 Serial No. 165381, (Affects Lot 6, Block 1) 25. The 1984 -1985 Taxes; $442.80, plus interest, UNPAID. 26. The 1985 -1986 Taxes; $289.80, plus interest, UNPAID. 27. The 1986 -1987 Taxes; $302.68, plus interest, UNPAID. 28. The 1987 -1988 Taxes; $305.62, plus interest, UNPAID. 29. The 1988 -1989 Taxes; $307.38, plus interest, UNPAID. 30. The 1989 -1990 Taxes; $456.18, plus interest, UNPAID. 31. The 1990 -1991 Taxes; $413.66, plus interest, UNPAID. 32. The 1991 -1992 Taxes: $374.21, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15A 600 Serial No. 165380, (Affects Lot 7, Block 1) 33. The 1984 -1985 Taxes; $442.80, plus interest, UNPAID. 34. The 1985 -1986 Taxes; $289,80, plus interest, UNPAID. 35. The 1986 -1987 Taxes; $302.68, plus interest, UNPAID. 36. The 1987 -1988 Taxes; $305.62, plus interest, UNPAID. 37. The 1988 -1989 Taxes; $307.38, plus interest, UNPAID. 38. The 1989 -1990 Taxes; $456.18, plus interest, UNPAID. 39. The 1990 -1991 Taxes; $413.66, plus interest, UNPAID. 40. The 1991 -1992 Taxes: $374.21, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15C 800 Serial No. 165388, (Affects Lot 9, Block 1) 41. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID 42. The 1985 -1986 Taxes; $188.37, plus interest, UNPAID. CONTINUED 011 8 -0539 .Page 3 of Exhibit "A ", Order No. 102172 -TA, dated December 17, 1991. 43. The 1986 -1987 Taxes; $264.85, plus interest, UNPAID. 44. The 1987 -1988 Taxes; $267.42, plus interest, UNPAID. 45. The 1988 -1989 Taxes; $268.96, plus interest, UNPAID. 46. The 1989 -1990 Taxes; $329.47, plus interest, UNPAID. 47. The 1990 -1991 Taxes; $298.75, plus interest, UNPAID. 48. The 1991 -1992 Taxes: $289.99, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 200 Serial No. 165393, (Affects Lot 19, Block 1) 49. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 50. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 51. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 52. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 53. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 54. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 55. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 56. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 14B 200 Serial No. 165367, (Affects Lot 23, Block 1) 57. The 1984 -1985 Taxes; $580.56, plus interest, UNPAID. 58. The 1985 -1986 Taxes; $517.50 plus interest, UNPAID. 59. The 1986 -1987 Taxes; $378.35, plus interest, UNPAID. 60. The 1987 -1988 Taxes; $382.03, plus interest, UNPAID. 61. The 1988 -1989 Taxes; $384.23, plus interest, UNPAID. 62. The 1989 -1990 Taxes; $506.87, plus interest, UNPAID. 63. The 1990 -1991 Taxes; $459.62, plus interest, UNPAID. 64. The 1991 -1992 Taxes: $420.96, plus interest, UNPAID. CONTINUED .Page 4 of Exhibit "A ", Order No. 102172, dated December 17, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 14B 100 Serial No. 165366, (Affects Lot 24, Block 1) 65. The 1984 -1985 Taxes; $393.60, plus interest, UNPAID. 66. The 1985 -1986 Taxes; $372.60, plus interest, UNPAID. 67. The 1986 -1987 Taxes; $264.85, plus interest, UNPAID. 68. The 1987 -1988 Taxes; $267.42, plus interest, UNPAID. 69. The 1988 -1989 Taxes; $268.96, plus interest, UNPAID. 70. The 1989 -1990 Taxes; $329.47, plus interest, UNPAID. 71. The 1990 -1991 Taxes; $298.75, plus interest, UNPAID. 72. The 1991 -1992 Taxes: $299.39, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 400 Serial No. 165395, (Affects Lot 2, Block 2) 73. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 74. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 75. The 1986 -1987 Taxes; $264.85, plus interest, UNPAID. 76. The 1987 -1988 Taxes; $267.42, plus interest, UNPAID. 77. The 1988 -1989 Taxes; $268.96, plus interest, UNPAID. 78. The 1989 -1990 Taxes; $329.47, plus interest, UNPAID. 79. The 1990 -1991 Taxes; $298.75, plus interest, UNPAID. 80. The 1991 -1992 Taxes: $299.39, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 500 Serial No. 165396, (Affects Lot 3, Block 2) 81. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 82. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 83. The 1986 -1987 Taxes; $264.85, plus interest, UNPAID. 84. The 1987 -1988 Taxes; $267.42, plus interest, UNPAID. 85. The 1988 -1989 Taxes; $268.96, plus interest, UNPAID. CONTINUED 0118 -0540 011 8 -0541 Page 5 of Exhibit "A ", Order No. 102172 -TA, dated December 17, 1991. 86. The 87. The 88. The 1989 -1990 Taxes; $329.47, 1990 -1991 Taxes; $298.75, 1991 -1992 Taxes: $299.39, Taxes assessed under Code No. 2 -3 Serial No. 165390, (Affects Lot 2 89. The 1984 -1985 Taxes; $442.19, 90. The 1985 -1986 Taxes; $246.33, plus interest, UNPAID. plus interest, UNPAID. plus interest, UNPAID. Account No. 14 12 15C 1000 , Block 3) plus interest, UNPAID. plus interest, UNPAID. 91. The 1986 -1987 Taxes; $302.68, plus interest, UNPAID. 92. The 1987 -1988 Taxes; $305.62, plus interest, UNPAID. 93. The 1988 -1989 Taxes; $307.38, plus interest, UNPAID. 94. The 1989 -1990 Taxes; $380.15, plus interest, UNPAID. 95. The 1990 -1991 Taxes; $344.72, plus interest, UNPAID. 96. The 1991 -1992 Taxes: $327.44, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22B 600 Serial No. 165418, (Affects Lot 3, Block 3) 97. The 1984 -1985 98. The 1985 -1986 99. The 1986 -1987 100. The 1987 -1988 101. The 1988 -1989 102. The 1989 -1990 103. The 1990 -1991 104. The 1991 -1992 Taxes; $442.19, plus interest, UNPAID. Taxes; $246.33, plus interest, UNPAID. Taxes; $264.85, plus Taxes; $267.42, plus Taxes; $268.96, plus Taxes; $316.80, plus Taxes; $287.26, plus Taxes: $280.64, plus interest, UNPAID. interest, UNPAID. interest, UNPAID. interest, UNPAID. interest, UNPAID. interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22C 400 Serial No. 165422, (Affects Lot 6, Block 3) 105. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 106. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. CONTINUED 0118-0542 Page 6 of Exhibit "A ", Order No. 102172 -TA, dated December 17, 1991. 107. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 108. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 109. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 110. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 111. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 112. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 23B 1100 Serial No. 165439, (Affects Lot 1, Block 4) 113. The 1984 -1985 Taxes; $290.28, plus interest, UNPAID. 114. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 115. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 116. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 117. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 118. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 119. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 120. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 23B 1200 Serial No. 165440, (Affects Lot 2, Block 4) 121. The 1984 -1985 Taxes; $290.28, plus interest, UNPAID. 122. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 123. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 124. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 125. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 126. The 1989 -1990 Taxes; $266.11, plus interest, UNPAID. 127. The 1990 -1991 Taxes; $241.30, plus interest, UNPAID. 128. The 1991 -1992 Taxes: $233.87, plus interest, UNPAID. CONTINUED 0118 -0543 Page 7 of Exhibit "A ", Order No. 102172, dated December 17, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 700 Serial No. 165399, (Affects Lot 4, Block 4) 129. The 1984 -1985 Taxes; $290.28, plus interest, UNPAID. 130. The 1985 -1986 Taxes; $188.37, plus interest, UNPAID. 131. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 132. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 133. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 134. The 1989 -1990 Taxes; $266.11, plus interest, UNPAID. 135. The 1990 -1991 Taxes; $241.30, plus interest, UNPAID. 136. The 1991 -1992 Taxes: $233.87, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 800 Serial No. 165400, (Affects Lot 5, Block 4) 137. The 1984 -1985 Taxes; $290.28, plus interest, UNPAID. 138. The 1985 -1986 Taxes; $188.37, plus interest, UNPAID. 139. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 140. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 141. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 142. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 143. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 144. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 900 Serial No. 165401, (Affects Lot 6, Block 4) 145. The 1984 -1985 Taxes; $290.28, plus interest, UNPAID. 146. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 147. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 148. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 149. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. CONTINUED 011 8 -0544 Page 8 of Exhibit "A ", Order No. 102172 -TA, dated December 17, 1991. 150. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 151. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 152. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 23B 1000 Serial No. 165438, (Affects Lot 5, Block 5) 153. The 1984 -1985 Taxes; $707.66, plus interest, UNPAID. 154. The 1985 -1986 Taxes; $260.82, plus interest, UNPAID. 155. The 1986 -1987 Taxes; $302.68, plus interest, UNPAID. 156. The 1987 -1988 Taxes; $305.62, plus interest, UNPAID. 157. The 1988 -1989 Taxes; $307.38, plus interest, UNPAID. 158. The 1989 -1990 Taxes; $430.84, plus interest, UNPAID. 159. The 1990 -1991 Taxes; $390.68, plus interest, UNPAID. 160. The 1991 -1992 Taxes: $355.50, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 14C 400 Serial No. 165372, (Affects Lot 3, Block 4) 161. The 1984 -1985 Taxes; $290.28, plus interest, UNPAID 162. The 1985 -1986 Taxes; $188.37, plus interest, UNPAID. 163. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 164. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 165. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 166. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 167. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 168. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. NOTE: The above taxes are subject to one of the foreclosure action filed September 25, 1990, Case No. 90CV0314TM and filed July 25, 1991, Case No. 91CV0283MS. 169. All lots are subject to a Local Improvement District Assessment No. K -024 in favor of Deschutes County. CONTINUED 0118 -0545 Page 9 of Exhibit "A ", Order No. 102172 -TA, dated December 17, 1991. 170. Rights of the public and governmental bodies in and to that portion of said premises, now or at any time, lying below the ordinary high water line of the Deschutes River, including any ownership rights which may be claimed by the State of Oregon below high water mark. (Affects Lots 3, 4, 5, 6, 7, & 23, Block 1). 171. Such rights and easements for navigation and fishing as may exist over that portion of the property, now or at any time, lying beneath the waters of the Deschutes River. (Affects Lots 3, 4, 5, 6, 7, & 23, Block 1). 172. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: Recorded: Book /Page: Mortgagor: Mortgagee: January 15, 1979 January 29, 1979 261/843, Mortgage records. Bill Mayfield Deschutes -Odin Falls Ranch, a partnership consisting of Charles Miller; Neva Gould, personal representative of the Estate of Phillip R. Gould; Frank Gilchrist; Owen M. Panner; Philip Dahl, Harold Barclay, Oliver R. Jones, Samuel S. Johnson and Orchard Street Associates, a joint venture. (Includes other property) Said Mortgage was assigned of record by instrument Dated: November 2, 1979 Recorded: November 6, 1979 Book /Page: 280/464, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees Lot 5, Block 5, has been released from the above Mortgage. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 21, 1988, in Book 176, Page 209, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 29, 1989, in Book 199, Page 2497, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 26, 1990, in Book 225, Page 2258, Deschutes County Records. Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- 0103JT. 173. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: Dated: Recorded: Book /Page: Mortgagor: Mortgagee: $No amount shown March 15, 1979 April 4, 1979 265/497, Mortgage records. Johnson's Parkway Realty, Inc., an Oregon Corporation Bill Mayfield 0118 -0546 Page 10 of Exhibit "A ", Order No. 102172, dated December 17, 1991. Said Mortgage was assigned of record by instrument Recorded: June 27, 1980 Book /Page: 293/787, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees (For Security Purposes) Lot 5, Block 5, has been released from the above Mortgage. Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- O1O3JT. 174. Covenants, Conditions and Restrictions as contained in instrument recorded March 5, 1981, in Book 337, Page 407, Deed Records. 175. Bylaws including the terms and provisions thereof, recorded July 20, 1981, in Book 344, Page 667, Deed Records. 176. Easement, the portion of As granted to: Recorded: Book /Page: including the terms and provisions thereof, affecting said premises and for the purposes stated therein United States Department of the Interior, Bureau of Land Management August 5, 1981 22/333, Deed Records 177. Memorandum of Contract, including the terms and provisions thereof Vendor: Lower Bridge Estates, a joint venture consisting of Johnson's Parkway Realty, Inc., an Oregon corporation and Rodney K. Houser Vendee: Douglas S. Johnson and Kimberly D. Johnson, husband and wife Dated: October 1, 1981 Recorded: October 28, 1981 Book /Page: 349/634, Deed Records (Affects Lot 5, Block 5) The Vendee's interest thereunder duly assigned of record by Assignment Recorded: February 24, 1982 Book /Page: 354/155, Deed Records Assigned to: Dorothy Lee (For security purposes only) The Vendor's interest was assigned of record by numerous assignments, the most recent of which was, Dated: April 2, 1991 Recorded: April 10, 1991 Book /Page: 232/651, Deschutes County Records Assigned to: FDIC, Manager of FSLIC Resolution Fund as Successor to Federal Savings and Loan Association. 178. Judgment in the State Circuit Court, County of Deschutes, for the amount herein stated and any other amounts due. Creditor: Benton County Bank or Oregon State Bank Debtor: Jerald E. Fox; Estate Builders, Inc. Amount: $20,000.00; $161.50 costs; $1,000.00 attorney fees, plus interest Entered: November 19, 1985 Book /Page: 11/250, Judgment Dockets Case No.: TR 239075 (Jerald Fox is a former vested owner.) CONTINUED Page 11 of Exhibit "A ", Order No. 102172, dated December 17, 1991. 171. Notice amounts due: Against: Amount: Entered: Book /Page: 0118 -0547 of Federal Tax lien for the amount herein stated and any other Jerald E. Fox and Roberta J. Fox $137,385.85 plus interest May 11, 1987 145/1376, Deschutes County Records The names of additional persons who are entitled to receive a copy of notice of sale as provided by ORS 86.705 etseq.: 1. FDIC, Manager of FSLIC Resolution Fund as Successor to Federal Savings and Loan Association. 2870 Zanker San Jose, California 95134 2. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 164 Suzanne Johnson, Christine Groner, Kathryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 3. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 165 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Suzanne Johnson, Christine Groner, Kathryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 4. Douglas S. Johnson Kimberly D. Johnson Address unknown Re: Exception No. 169 5. Dorothy Lee Address unknown Re: Exception No. 169 6. Benton County Bank Oregon State Bank No Address Shown Re: Exception No. 170 7. Internal Revenue Service Portland District No address shown Re: Exception No. 171 END Page 11 of Exhibit "A ", Order No. 102172, dated December 17, 1991. 179. Notice amounts due: Against: Amount: Entered: Book /Page: 0118-0548 of Federal Tax lien for the amount herein stated and any other Jerald E. Fox and Roberta J. Fox $137,385.85 plus interest May 11, 1987 145/1376, Deschutes County Records The names of additional persons who are entitled to receive a copy of notice of sale as provided by ORS 86.705 etseq.: 1. FDIC, Manager of FSLIC Resolution Fund as Successor to Federal Savings and Loan Association. 2870 Zanker San Jose, California 95134 2. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 164 Suzanne Johnson, Christine Groner, Kathryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 3. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 165 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Suzanne Johnson, Christine Groner, Kathryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 4. Douglas S. Johnson Kimberly D. Johnson Address unknown Re: Exception No. 169 5. Dorothy Lee Address unknown Re: Exception No. 169 6. Benton County Bank Oregon State Bank No Address Shown Re: Exception No. 170 7. Internal Revenue Service Portland District No address shown Re: Exception No. 171 END See Muy 14 IZ 8, 3 0,. zl„ . 51 3. felS See Mop 14 12 5 nr.nAt. 9 • 10 • In 773-3-7■11- 11,3. S10. 0118-0549 • N P. CC,':'.7.7,IMENTS OE TL: r,Loperty loco::: La —la :11,--3 company does ns accuracy. . . - 500 2 23 9 2f, 10 \‘' v 000 JiJte, ; 2 ' PO , -1 1 TALCSAPEE 'ES COUNTY =200' ..14. 12 N • 0118 -0550 i COMPLIMENTS OE BEND TITLE COMPANY This skstch is furnished to assist in property tocotio:l and the company /� p 14 It 228 does not guarantee /� / i 0.11.• o" Zyul. iodi 6 I r 1:1:;r l• / its accuracy. ‘it'is f 00 i Q" 400 / i,t; 1 / ,a w / W �� cn. o ,e; Cr I a t. N i 4 e -) i 3 <2 4 e , . ,, (./ c) ;', 4u.45' <'\ r .°1 5. leo 41/271*- c 200 ( 6 300 z Ytti g,/ c� _ 1-- ; \e (0 , 46 0 (..:NN\ <2 1 � 7 n • a 0 18 °' Z d / / / -- / / / I o N / / N , a 3 ` iii , � . � ._ 1. 01 .. � � � \ � - - .- .- d ��.�SI.Oi .'- ‘.10;";$‘i 01 11i a O „., 1 Q Map 1412 15C . 38.43' 6 0 0 100 f 4 N ut VI r I4 S. p*•4. a -6. r.sw•..r• 4 I5 0118 -0551 N 4 COMPLIMENTS OF BEND TITLE COMPANY This sketch is furnif,hed to assist in properiy location and the ccr_ipany does not guarantee its accuracy. 200 a fn N N N » >� v — / r+.arss•s+ / 0 ;17 - / I, — iil. i4' — 415 5 i M.B9.4t. " . / c X4; 400 • Iii 300 li / 0) r / / / / / / / / / Z / o / 5 $ 16 0 / / H.•9•44e Z3•v1. G aa. A6.,. -c / / / / d N / N CO?MMPLIM::+TS OF FEND TITLE COMP ?...NY This sh:tc'_t ht furnished to ast.i :t is property z location and the companyl does not guarantee its accuracy. SE1 /4 SEC. 15 T14S. R.12YW.M. DESCHUTES COUNT 1° =200' 0118 -0552 $ee Mop 14 V2 15A 1500 15 • • ■ 'f • 1300 400 1200 13 2 • 12 • w nl^ 1,1 12 4 (5\ 1000 7 500 2 4,iu�"h"N.siJ 54. 8J. . •115 6 900 4 05 e 15 14 22 / 23 H.1 4or_AV Ik U!O' 1200 loci. - :cn1. it 40C, r_0I' ROBERTS 0118 °0553 • 1/4 SEC. 15 T.14S. R.12E.W.M. DESCHUTES COUNTY 105200' See Mop 14 12 15A N A CC.'.:'_'TJ:..LNTs OF, tr.13 „:.shed lOCC :dr ; : - .771?QIIS/ c.3CCS _. . _ - ' 14 f2 15D 2 0118-0554 .7.11 0500 1000 0 ,. 05. 51 5.1! .._ 405 5 6 �� ♦.oS + 2 AV ENU , � - -� 5 4 700 N or- O d 15 14 15 14 22 23 • 4 0 2 a) 1200 N COMPLIMENTS Or BEND TITLE COIZPaNY This sketch h furnished to essisi in property location and Vac: cier:ileany does tarnAe:::~ciiittee it2 0 14 c,os, o -4* 3 ROBERTS o • 600 0 • 1,1 0118-0555 11 1 1000 icp 5 se• 2: 4 1 • ,T 2 2.00 / 4 500 1 - - 400 A atTLE to c compcny dc 1.,ot cuc.rantee its accucr2cy. i_s.,a241.1;241— _ALS. 1.4 500 Oyu 2 600 k Boo 9 2' 4 'or A COMPLIMENTS OF BEN) TITLE C;; J ?ANY This . .c_ r. .. iu:n5. hed to _proporty locoticn cn ' -:., ron; a does not r _ante SEIl4 SEC. 15 TI4S. R.12E.W.M. DESCHUTES COUNTY 1" =200' 011 8 -0557 See Mop 14 12 I5A See Mop 14 12 12 4 s.se�s�14' w. 1100 (C 0 U N r 1000 7 j"1"6'. e•54'S4. 0.e5 6 or JV '10 900 4 2 4 H Y 5�6 r OD LOT 6 lb. 1 104 i H 0118-0558 2 T; i ^ C ? doc 600 " e8_ . °i }4.s \ 0 f See .1/4 SEC. 15 114S. R.12E.W.M. DESCHUTES COUNTY 1".200. See Map 14 12 154 N t COMPLIMENTS OF, BEND TITLE This &c1- rnishcd to location on c:-,mpany does -t zciatee it13 14 12 I5D 0118-0559 100 1400 20 14 400 300 2 47.42. 3 12.4t 2 1 3z C 2 500 "ot• 04 tr. NA 2 +.1c7,17 1000 S Al• 54. 006 S 2 31o. 900 6 64.0C. 3 4 600 4 AVENU S70., 5 800 4 700 a -3 1 15 14 CA' 22 a; 23 See Map 14 12 14C • N See Mop 14 12 N This to rz x:p locati:sz cr.�paay doc.. n;). `'tire ♦ C 200 23 ;tzuj 2 ger 0118~0560 300 -NV/ • 22 • $ee Mop 14 12 14C '505.94' ir Jr TICOR TITLE -' INSURANCE 0118 -0561 Litigation Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THE GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; This Guarantee shall not be valid or binding until countersigned below by a validating signatory of the Company. Dated: ntersigned: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By Attest Validating Signatory President Secretary TO 2551 OR (1 -84) Form 8.5 7 0118 -0562 Guarantee Conditions and Stipulations 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in 'respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118 -0563. . No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. TO 2551A OR (5 -87) Litigation Guarantee No, GL38 000122 1. Name of Assured: Amount of Guarantee $ 315.000.00 Date of Guarantee Decamher ; 5 _ 1991 DESCHUTES COUNTY, OREGON, a Municipal Corporation. OWNERS POLICY Schedule A 0118 -0564 102051 -TA Premium $98n_nn 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: STEVENS AND LEE INVESTMENT CO., INC. 4. The land referred to in this Guarantee is situated in the County of Deschutes State of Oregon, and is described as follows: Lots One (1), Ten (10), Eleven (11), Twenty (20), Twenty -Five (25), Twenty -Six (26), Twenty -Seven (27) and Twenty -Eight (28), in Block One (1); Lot One (1), in Block Two (2); Lot One (1), Block Three (3Y, Lots Nine (9)Y, Twelve (12.)% Seventeen (17Y; Eighteen (10; Block Four (4) , Lots Eleven (11) , Thirteen (13),'Fourteen (14) and Fifteen (15) in Block Five (5); Lots One (1) and Two (2), in Block Six (6), all in LOWER BRIDGE ESTATES, Deschutes County, Oregon. 5. The title to said estate or interest is subject to the following Exceptions: SEE EXHIBIT "A" Litigation Guarantee - Form 8 .5 0118 -0565 Page 1 of Exhibit "A ", Order No. 102051 -TA, dated December 16, 1991. EXHIBIT "A" Taxes assessed under Code No. 2 -3 Account No. 14 12 15C 500 Serial No. 165385, (Affects Lot 1, Block 1) 1. The 1984 -1985 Taxes; $1,230.00, plus interest, UNPAID. 2. The 1985 -1986 Taxes; $579.60, plus interest, UNPAID. 3. The 1986 -1987 Taxes; $605.36, plus interest, UNPAID. 4. The 1987 -1988 Taxes; $611.24, plus interest, UNPAID. 5. The 1988 -1989 Taxes; $614.76, plus interest, UNPAID. 6. The 1989 -1990 Taxes; $887.03, plus interest, UNPAID. 7. The 1990 -1991 Taxes; $804.34, plus interest, UNPAID. 8. The 1991 -1992 Taxes: $748.40, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15C 700 Serial No. 165387, (Affects Lot 10, Block 1) 9. The 1984 -1985 Taxes; $392.99, plus interest, UNPAID. 10. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 11. The 1986 -1987 Taxes; $302.68, plus interest, UNPAID. 12. The 1987 -1988 Taxes; $305.62, plus interest, UNPAID. 13. The 1988 -1989 Taxes; $307.38, plus interest, UNPAID. 14. The 1989 -1990 Taxes; $380.15, plus interest, UNPAID. 15. The 1990 -1991 Taxes; $344.72, plus interest, UNPAID. 16. The 1991 -1992 Taxes: $280.64, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15C 600 Serial No. 165386, (Affects Lot 11, Block 1) 17. The 1984 -1985 Taxes; $392.99, plus interest, UNPAID. 18. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 19. The 1986 -1987 Taxes; $302.68, plus interest, UNPAID. 20. The 1987 -1988 Taxes; $305.62, plus interest, UNPAID. CONTINUED 0118-0566 Page 2 of Exhibit "A ", Order No. 102051 -TA, dated December 16, 1991. 21. The 1988 -1989 Taxes; $307.38, plus interest, UNPAID. 22. The 1989 -1990 Taxes; $380.15, plus interest, UNPAID. 23. The 1990 -1991 Taxes; $344.72, plus interest, UNPAID. 24. The 1991 -1992 Taxes: $280.64, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 100 Serial No. 165392, (Affects Lot 20, Block 1) 25. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 26. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 27. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 28. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 29. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 30. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 31. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 32. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 14C 100 Serial No. 165369, (Affects Lot 25, Block 1) 33. The 1984 -1985 Taxes; $344.40, plus interest, UNPAID 34. The 1985 -1986 Taxes; $188.37, plus interest, UNPAID. 35. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 36. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 37. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 38. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 39. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 40. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 14C 600 Serial No. 165374, (Affects Lot 26, Block 1) 41. The 1984 -1985 Taxes; $343.79, plus interst, UNPAID CONTINUED Q� 8-056' Page 3 of Exhibit "A ", Order No. 102051 -TA, dated December 16, 199 42. The 1985 -1986 Taxes; $188.37, plus interest, UNPAID. 43. The 1986 -1987 Taxes; $196.74, plus interest, UNPAID. 44. The 1987 -1988 Taxes; $198.65, plus interest, UNPAID. 45. The 1988 -1989 Taxes; $199.80, plus interest, UNPAID. 46. The 1989 -1990 Taxes; $228.09, plus interest, UNPAID. 47. The 1990 -1991 Taxes; $206.83, plus interest, UNPAID. 48. The 1991 -1992 Taxes: $205.82, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 14C 500 Serial No. 165373, (Affects Lot 27, Block 1) 49. The 1984 -1985 Taxes; $343.79, plus interset, UNPAID. 50. The 1985 -1986 Taxes; $269.10, plus interest, UNPAID. 51. The 1986 -1987 Taxes; $196.74, plus interest, UNPAID. 52. The 1987 -1988 Taxes; $198.65, plus interest, UNPAID. 53. The 1988 -1989 Taxes; $199.80, plus interest, UNPAID. 54. The 1989 -1990 Taxes; $240.76, plus interest, UNPAID. 55. The 1990 -1991 Taxes; $218.32, plus interest, UNPAID. 56. The 1991 -1992 Taxes: $215.16, plus interest, UNPAID. Taxes - assessed under Code No. 2 -3 Account No. 14 12 14C 200 Serial No. 165370, (Affects Lot 28, Block One 1) 57. The 1984 -1985 Taxes; $344.40, plus interest, UNPAID 58. The 1985 -1986 Taxes; $188.37, plus interest, UNPAID. 59 The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 60. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 61. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 62. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 63. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 64. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. CONTINUED 0118-0568 Page 4 of Exhibit "A ", Order No. 102051 -TA, dated December 16, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 300 Serial No. 165394, (Affects Lot 1, Block 12) 65. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 66. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 67. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 68. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 69. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 70. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 71. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 72. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 23B 400 Serial No. 165432, (Affects Lot 11, Block 5) 73. The 1984 -1985 Taxes; $442.19, plus interest, UNPAID. 74. The 1985 -1986 Taxes; $362.25, plus interest, UNPAID. 75. The 1986 -1987 Taxes; $378.35, plus interest, UNPAID. 76. The 1987 -1988 Taxes; $382.03, plus interest, UNPAID. 77. The 1988 -1989 Taxes; $384.23, plus interest, UNPAID. 78. The 1989 -1990 Taxes; $506.87, plus interest, UNPAID. 79. The 1990 -1991 Taxes; $459.62, plus interest, UNPAID. 80. The 1991 -1992 Taxes: $420.96, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 23B 200 Serial No. 165430, (Affects Lot 13, Block 5) 81. The 1984 -1985 Taxes; $442.19, plus interest, UNPAID. 82. The 1985 -1986 Taxes; $362.25, plus interest, UNPAID. 83. The 1986 -1987 Taxes; $378.35, plus interest, UNPAID. 84. The 1987 -1988 Taxes; $382.03, plus interest, UNPAID. 85. The 1988 -1989 Taxes; $384.23, plus interest, UNPAID. 86. The 1989 -1990 Taxes; $506.87, plus interest, UNPAID. 87. The 1990 -1991 Taxes; $459.62, plus interest, UNPAID. 88. The 1991 -1992 Taxes: $420.96, plus interest, UNPAID. CONTINUED 0118-0569 Page 5 of Exhibit "A ", Order No. 102051 -TA, dated December 16, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 14C 300 Serial No. 165371, (Affects Lot 15, Block 5) 89. The 1984 -1985 Taxes; $290.28, plus interest, UNPAID. 90. The 1985 -1986 Taxes; $188.37, plus interest, UNPAID. 91. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 92. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 93. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 94. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 95. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 96. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22D 600 Serial No. 165427, (Affects Lot 1, Block 6) 97. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 98. The 1985 -1986 Taxes; $246.33, plus interest, UNPAID. 99. The 1986 -1987 Taxes; $264.85, plus interest, UNPAID. 100. The 1987 -1988 Taxes; $267.42, plus interest, UNPAID. 101. The 1988 -1989 Taxes; $268.96, plus interest, UNPAID. 102. The 1989 -1990 Taxes; $316.80, plus interest, UNPAID. 103. The 1990 -1991 Taxes; $287.26, plus interest, UNPAID. 104. The 1991 -1992 Taxes: $280.64, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22D 700 Serial No. 165428, (Affects Lot 2, Block 6) 105. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 106. The 1985 -1986 Taxes; $246.33, plus interest, UNPAID. 107. The 1986 -1987 Taxes; $264.85, plus interest, UNPAID. 108. The 1987 -1988 Taxes; $267.42, plus interest, UNPAID. 109. The 1988 -1989 Taxes; $268.96, plus interest, UNPAID. CONTINUED 0118 -0570 Page 6 of Exhibit "A ", Order No. 102051 -TA, dated December 16, 1991 110. The 1989 -1990 Taxes; $316.80, plus interest, UNPAID. 111. The 1990 -1991 Taxes; $287.26, plus interest, UNPAID. 112. The 1991 -1992 Taxes: $280.64, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15C 900 Serial No. 165389, (Affects Lot 1, Block 3) 113. The 1984 -1985 Taxes; $344.40, plus interest, UNPAID. 114. The 1985 -1986 Taxes; $188.37, 115. The 1986 -1987 Taxes; $166.47, 116. The 1987 -1988 Taxes; $168.09, 117. The 1988 -1989 Taxes; $169.06, 118. The 1989 -1990 Taxes; $202.75, 119. The 1990 -1991 Taxes; $183.85, 120. The 1991 -1992 Taxes: $187.10, plus interest, plus interest, plus interest, plus interest, plus interest, plus interest, plus interest, Taxes assessed under Code No. 2 -3 Account No. 14 Serial No. 165410, (Affects Lot 9, Block 4) 121. The 1984 -1985 Taxes; $388.68, plus interest, UNPAID. UNPAID. UNPAID. UNPAID. UNPAID. UNPAID. UNPAID. 12 22A 300 UNPAID. 122. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 123. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 124. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 125. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 126. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 127. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 128. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 15D 1100 Serial No. 165403, (Affects Lot 12, Block 4) 129. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 130. The 1985 -1986 Taxes; $246.33, plus interest, UNPAID. CONTINUED 0118-0571 Page 7 of Exhibit "A ", Order No. 102051 -TA, dated December 16, 1991. 131. The 1986 -1987 Taxes; $264.85, plus interest, UNPAID. 132. The 1987 -1988 Taxes; $267.42, plus interest, UNPAID. 133. The 1988 -1989 Taxes; $268.96, plus interest, UNPAID. 134. The 1989 -1990 Taxes; $342.14, plus interest, UNPAID. 135. The 1990 -1991 Taxes; $310.24, plus interest, UNPAID. 136. The 1991 -1992 Taxes: $299.39, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22C 100 Serial No. 165419, (Affects Lot 17, Block 4) 137. The 1984 -1985 Taxes; $295.20, plus interest, UNPAID. 138. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 139. The 1986 -1987 Taxes; $227.Q1, plus interest, UNPAID. 140. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 141. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 142. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 143. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 144. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22C 200 Serial No. 165420, (Affects Lot 18, Block 4) 145. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 146. The 1985 -1986 Taxes; $217. 147. The 1986 -1987 Taxes; $227. 148. The 1987 -1988 Taxes; $229. 149. The 1988 -1989 Taxes; $230. 150. The 1989 -1990 Taxes; $278. 151. The 1990 -1991 Taxes; $252. 152. The 1991 -1992 Taxes: $252. 35, plus interest 01, plus interest 22, plus interest 54, plus interest 78, plus interest 79, plus interest 57, plus interest CONTINUED , UNPAID. , UNPAID. , UNPAID. , UNPAID. , UNPAID. , UNPAID. , UNPAID. 0118-0572 Page 8 of Exhibit "A ", Order No. 102051 -TA, dated December 16, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 23B 100 Serial No. 165429, (Affects Lot 14, Block 5) 153. The 1984 -1985 Taxes; $290.28, plus interest, UNPAID. 154. The 1985 -1986 Taxes; $217.35, plus interest, UNPAID. 155. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 156. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 157. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 158. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 159. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 160. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. NOTE: The above taxes are subject to foreclosure action, filed September 25, 1990, case No. 90CV0314TM. 161. All lots are subject to a Local Improvement District Assessment No. K024, in favor of Deschutes County. 162. Rights of the public and governmental bodies in and to that portion of said premises, now or at any time, lying below the ordinary high water line of the Deschutes River, including any ownership rights which may be claimed by the State of Oregon below high water mark. (Affects Lot 1, Block 1, & Lots 11, & 13, Block 5) 163. Such rights and easements for navigation and fishing as may exist over that portion of the property, now or at any time, lying beneath the waters of the Deschutes River. (Affects Lot 1, Block 1, & Lots 11, & 13, Block 5) 164. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: January 15, 1979 Recorded: January 29, 1979 Book /Page: 261/843, Mortgage records. Mortgagor: Bill Mayfield Mortgagee: Deschutes -Odin Falls Ranch, a partnership consisting of Charles Miller; Neva Gould, personal representative of the Estate of Phillip R. Gould; Frank Gilchrist; Owen M. Panner; Philip Dahl, Harold Barclay, Oliver R. Jones, Samuel S. Johnson and Orchard Street Associates, a joint venture. (Includes other property) CONTINUED 0118-0573 Page 9 of Exhibit "A ", Order No. 102051 -TA, dated December 16, 1991. Said Mortgage was assigned of record by instrument Dated: November 2, 1979 Recorded: November 6, 1979 Book /Page: 269/970, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- 0103JT. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 21, 1988, in Book 176, Page 209, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 29, 1989, in Book 199, Page 2497, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 26, 1990, in Book 225, Page 2258, Deschutes County Records. 165. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: March 15, 1979 Recorded: April 4, 1979 Book /Page: 265/497, Mortgage records. Mortgagor: Johnson's Parkway Realty, Inc., an Oregon Corporation Mortgagee: Bill Mayfield Said Mortgage was assigned of record by instrument Recorded: June 27, 1980 Book /Page: 293/787, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees (For security purposes) Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- 0103JT. 166. Covenants, Conditions and Restrictions as contained in instrument recorded March 5, 1981, in Book 337, Page 407, Deed Records. 167. Bylaws including the terms and provisions thereof, recorded July 20, 1981, in Book 344, Page 667, Deed Records. 168. Easement, including the terms and provisions thereof, affecting the portion of said premises and for the purposes stated therein As granted to: United States Department of the Interior, Bureau of Land Management Recorded: August 5, 1981 Book /Page: . 22/333, Deed Records CONTINUED 0118-0574 Page 10 of Exhibit "A ", Order No. 102051 -TA, dated December 16, 1991. 169. Deed of indebtedness Amount: Dated: Recorded: Book /Page: Grantor: Trust, including the terms and provisions thereof, to secure an of the amount herein stated. $358,000.00 December 20, 1983 December 22, 1983 37/947, Deschutes County Records Johnson's Parkway Realty, Inc. and First Oregon Capital Corporation Trustee: Key Title Company Beneficiary: Citizens Savings and Loan Association, a Corporation Re- recorded in Book 40, Page 168, Deschutes County Records. The effect, if any, of Quitclaim Deed from the FSLIC, as receiver for Citizens Savings and Loan Association, a Federal Savings and Loan Association to Sandra S. Sawyer, recorded October 25, 1988, in Book 172, Page 2927, Deschutes County Records. The names of additional persons who are entitled to receive a copy of notice of sale as provided by ORS 86.705, etseq.: 1. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 164 Suzanne Johnson, Chritine Groner, Kathryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased. Addresses unknown 2. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 165 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Suzanne Johnson, Chritine Groner, Kathryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased. Addresses unknown 3. FDIC manager of FSLIC, receiver for Citizens Savings and Loan Association, 2870 Zanker San Jose, California 95134 Re: Exception No. 169 4. Sandra Sawyer Address unknown Re: Exception No. 169 5. Stevens & Lee Investment Co., Inc. P.O. Box 9213 Newport Beach, California 92658 END N r� M COMPLIr-"NTS OF EE_ID _iTLE CO:.IPANY This sketch is furnished to assist in property location and the company does not guarantee its accuracy. SEI /4 SEC. 15 T.I4S. R.12E.W.M. DESCHUTES COUNTY 1 " =zoo' 0118-0575 177LII See Map 14 12 15A See Mop 14 12 1000 U 12 4 7 412.e1 N. D.. 51• 54- , 000. `1 370 900 4.OS' : T . 'ES C.OUNTY =200' p 14 121 228 ■ COMPLIMENTS OF BEND TITLE COD.IPANY This sketch is furnished to cssist in pzoperty location and the company does not guarantee - its Accuracy. 40• 6 2. t3 6 3 N.Ilo }a 23-10. 2,24.4 _)N\ C' 3 7 63 i.oi 14 12 0118-0576 400 100 / w / w i =� c �� F. , n . rr cic N C� / <,24 / / e / / W / \c-) ti ;f. / Rt / s.it,aturc (. ) �� 300 z c 200 / / / = / / E- / (0 / 0) / 1 : ^ � a t. O Z a 18 4 / / / / / /7 .cop1.or 0 0 N 0 N N N a 0 at cif w,. NWI/4 SEC.23 TT14S. R.12E.WM. N DESCHUTES COUNTY 4attEstirg s 0 in 1" =200' See Map 14 12 14C 100 .g 0 COMPLIMENTS OF DEND TITLE COMPANY This sketch is furnished to cssist i 7 pro; exty location and the company floes not Sucronte= its 14 12 0118 - '0577 NA`.`Q c3ee \A CD CV (V 56 a2•.$4.' -qb- w. 54,. 77 .COMPLIMENTS O$ BEND TITLE COMPANY This Eketch is furnished to asoist is property location and the company does not ;nc:arntee its 500 ci 0 trii •• o ° SA tA VS ea lik ' iN � / i-- 8 r e<i s - co 0) * r e -(---) t?.-. 4 ,.. ,...,..4.. , ,./ /"4 p, 0118 -05'18 N-E1/4 SEC. _22 714 DESCHUTES C v88.ST Ill= 200' See Mad 14 12 200 / / / / N rj d a. N .0'a, . \ \ � . � � � • 071•05• O • a t/I / 400 cl) 7) )<'. 4 •0 0 o r 0 2 SSIS �G.� ;�l.o�• 6/G 9 300 /0 ,vi / / / / 0 J / / / 2.3/ / .30 ' See Mop 14 12 COMPLIMENTS OF BEND TITLE COMPANY This sketch is furnished to CrISiEt ifl plopelly location and the company does not guarantee its acc.,uracy. - 444 See Mop 14 12 S 0118-0579 TISITT.W S.7 (.,4) 4.' 300 2•3 800 • 10 9 4 2r 2 lQf frv, v Q- , /0) / J I _ 4,.•1^ N V. - 0 0 2 m N c N COMPLIMENTS 9tIF BEND TITLE 41 COMPANY This sketch is furni hed to assist in property location and the company does not guarantee its accuracy. O I a -058Q 700 Y1 J goo - / AIx 1 1 23 600 37.4• \� 27 1 Rah wor 15 500 0 400 0 -J a. S O „ r d 3 CC M 4 co 14 Z 23 28 "*". "Av/ ENU E .a.w° 15 5 200 r. / 1 / / 300 1 1 0 r: YI 1 / See Mop 14 12 5.2 6 0 0 LOT 6 5'1 0.1',IIPLILIENTS OE BEND TITLE COMPANY This sketch is furnished to assist in ploperty location and the company does not eunrant,r," its ocur V a . • 0118-0581 2 104 • 500 K —3 7no 6 0 V. 600 7 See See Map 44 12 A .COrylrLII.:T:fg'Z'S OF BEND COMPAr: his sketch is tO assist in plop„-211-y on and the cotni-,>cifiV not guaranted iJa accuracy. TrilT7Frr II- Si 0. 0118-0582 • • • -- 300 1-p. r1v evy 500 Z4 or F 2: 3, /- / A \ ‘.7-) /-• •74- 900 ..\ 7 4,. 41.6? et'w 9 2 700 - 600 `•° 0A,-- --'• Ai4...; 1'1'41000 11-214- , e■ . ..„.- ,...!3.14,,; e,---- - I0 entros. a s 4 :a 0,1 ;: - 3 eff, • 4 100 siv 01 2 See Mop 14 12 8, See Map 14 12 o • • IA 0118-0583 24 T7573-1-4-. 300 7 ,COMPL.T.firt.Sfi.F^ OF Y3END tails sketch ; to assist in 7 location d does not its „VT:311'4V J 10 9 24, 2 11/4 SEC. 15 T.14S. R.12E.W.M. DESCHUTES COUNTY in.zoo' See Map 14 12 15A etF - BLVD Tr1IX COXIPAZAZY Xhis sketch is fualisbed to assist in pre:::s,71-1 location and the goes not guara1t4e accuracy. 14 12 15D 0118-0584 100 1400 20 14 400 n't 300 2 312.41 600 2 4 1000 • N ..."• 54 •11.6 5 370 6 900 800 5 4 4.04' — ..... --- 4 700 15 14 77 73 • • T.14S. R.12E.W.M. -ES COUNTY:- - 200' ap 14 12 22A 6 600 ,COM71.r.i-:NTS CF COM?:":rni This sketcli is te--7-;s'ried to oscist location and does nct .1.• its QC 23 0 41r 474. fit AA.), 0 700 1. / 3 (-7:9 Lalstatir"' ‘/ 5 2 400 500 4 14 t2 220 0118-0585 See Mop 14 12 23B 200 ALW..• • 100 See Map 14 12 23C 22 23 0 0 NW1/4 SEC.23 T14S., R.I2E.WM. N DESCHUTES COUNTY 14 401.01• 3 ROBERTS W53-vo- 3.00. 700 600 1 "= 2001 See Map 14 12 14C .COMPLIMTNTS CF BEND TITLE CC.r.Y.EPTNY This sizet,:h lurnishod to css::: loccat:cn wi ccrripany 100 t--1; cioes n.ct rilic..7tard•ea its CCC „ ujr**Srsti-bs. • 500 WA?' ?Ikc COURT {O.** 0 13 0118-0586 '4 to 6.111: 300 200 • 12 s. 10 5 '44 2.3 8 7 0118 -0587 Guarantee Conditions and Stipulations 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such and abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118 -0588 No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. 0118 -0589 p- f=0 TICOR TITLE INSURANCE Litigation Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THE GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; This Guarantee shall not be valid or binding until countersigned below by a validating signatory of the Company. Dated: c u tersign d: By _ /.o/1il/l Validating Signa TICOR TITLE INSURANCE COMPANY OF CALIFORNIA By President Attest �i Secretary TO 2551 OR (1 -84) Form 8.5 0118 -0590 Guarantee Conditions and Stipulations 1. Definition of Terms T.he following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) in all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property • in respect to such claim had this Guarantee not been issued. If the payriient does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118 -0591 No provision or condition of this Guarantee" can e waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. TO 2551A OR (5 -87) Litigation Guarantee No. GL38 000129 1. Name of Assured: Amount of Guarantee $11,500.00 Date of Guarantee December 5. 1991 DESCHUTES COUNTY, OREGON a Municipal Corporation OWNERS POLICY Schedule A 0118 -0592 102174—TA Premium 1 $ 150.00 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: JOHNSON'S PARKWAY REALTY, INC., an Oregon Corporation 4. The land referred to in this Guarantee is situated in the County of Deschutes State of Oregon, and is described as follows: Lot Twenty -One (21), Block One (1), LOWER BRIDGE ESTATES, Deschutes County, Oregon. 5. The title to said estate or interest is subject to the following Exceptions: SEE EXHIBIT "A" Litigation Guarantee - Form 8.5 0118 -0593 Page 1 of Exhibit "A ", Order No. 102174 -TA, dated December 18, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 14C 700 Serial No. 165375, (Affects Lot 21, Block 1) 1. The 1983 -1984 Taxes; $275.74, 2. The 1984 -1985 Taxes; $294.59 3. The 1985 -1986 Taxes; $269.10, 4. The 1986 -1987 Taxes; $281.06, 5. The 1987 -1988 Taxes; $283.79, 6. The 1988 -1989 Taxes; $285.43, 7. The 1989 -1990 Taxes; $291.45, 8. The 1990 -1991 Taxes; $264.28, 9. The 1991 -1992 Taxes: $215.16, plus interest, UNPAID. , plus interest, UNPAID. plus interest, UNPAID. plus interest, UNPAID. plus interest, UNPAID. plus interest, UNPAID. plus interest, UNPAID. plus interest, UNPAID. plus interest, UNPAID. NOTE: The above taxes are subject to foreclosure action filed September 25, 1990, Case No. 90CV0314TM. 10. Subject to a Local Improvement District Assessment No. K -024 in favor of Deschutes County. 11. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: Recorded: Book /Page: Mortgagor: Mortgagee: January 15, 1979 January 29, 1979 261/843, Mortgage records. Bill Mayfield Deschutes -Odin Falls Ranch, a partnership consisting of Charles Miller; Neva Gould, personal representative of the Phillip R. Gould; Frank Gilchrist; Owen M. Panner; Harold Barclay, Oliver R. Jones, Samuel S. Johnson Street Associates, a joint venture. (Includes other property) Said Mortgage was assigned of record by instrument Dated: November 2, 1979 Recorded: November 6, 1979 Book /Page: 280/464, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees CONTINUED Estate of Philip Dahl, and Orchard 0118-0594 Page 2 of Exhibit "A ", Order No. 102174 -TA, dated December 18, 1991. Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- O1O3JT. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 21, 1988, in Book 176, Page 209, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 29, 1989, in Book 199, Page 2497, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 26, 1990, in Book 225, Page 2258, Deschutes County Records. 12. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: March 15, 1979 Recorded: April 4, 1979 Book /Page: 265/497, Mortgage records. Mortgagor: Johnson's Parkway Realty, Inc., an Oregon Corporation Mortgagee: Bill Mayfield Said Mortgage was assigned of record by instrument Recorded: June 27, 1980 Book /Page: 293/787, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees (For Security Purposes) Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- O1O3JT. 13. Covenants, Conditions and Restrictions as contained in instrument recorded March 5, 1981, in Book 337, Page 407, Deed Records. 14. Bylaws including the terms and provisions thereof, recorded July 20, 1981, in Book 344, Page 667, Deed Records. 15. Easement, including the terms and provisions thereof, affecting the portion of said premises and for the purposes stated therein As granted to: United States Department of the Interior, Bureau of Land Management Recorded: August 5, 1981 Book /Page: 22/333, Deed Records CONTINUED 0118-0595 Page 3 of Exhibit "A ", Order No. 102174 -TA, dated December 18, 1991 16. Memorandum of Contract, including the terms and provisions thereof, Vendor: Johnson's Parkway Realty, Inc., an Oregon Corporation Vendee: Associates Development Company, an Oregon Partnership, consisting of John C. Partin, Edwin A. Sturza, Keith L. Erickson, and Paul Pierson. Dated: March 18, 1983 Recorded: March 23, 1983 Book /Page: 8/525, Deschutes County Records The Vendee's interest thereunder duly assigned of record by Assignment Recorded: March 23, 1983 Book /Page: 8/528, Deschutes County Records Assigned to: Roberta L. Leonhardy The names of additional persons who are entitled to receive a copy of notice of sale as provided by ORS 86.705 etseq.: 1. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 11 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Addresses unknown 2. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 12 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Addresses unknown 3. Johnson's Parkway Realty, Inc. Address unknown Re: Exception No. 16 4. Roberta Leonhardy 70994 Indian Ford Rd. Sisters, Oregon 97759 Re: Exception No. 16 END • Elk CO:.' - -- 7:T3 OF TLE Xius .. .. �.. to as _c 4,cay location c_.� .'.a cornpc..: does cat gncrcntaa its accuracy. o �5A � t00- ; '� t. 700 '�- / ia 0118_0596 i/ - / / I i o - _ 21 -- �► a a I - / I r. I :rte a 0-- 0 2 600 Sloe 27 a 500 0 0 2 15 14 23 3 4 •■.i i•Z - 28- co 07 N -* Af/ EN U E. 4,.m„ I5 5 c asp et; '5 • 200 300 See Map 14 12 See Map 14 12 . 0118 -0597 INSURANCE Litigation Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THE GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; This Guarantee shall not be valid or binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Dated: Validating Signatory By President Attest z_4:41‘F ._ Secretary TO 2551 OR (1 -84) Form 8.5 • 0118-0598 Guarantee Conditions and Stipulations 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured tor such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118-0599 No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. I V LJJ II1 V rl kJ-0I Litigation Guarantee No. GL38 000123 1. Name of Assured: Amount of Guarantee $16,000.00 Date of Guarantee December 5, 1991 DESCHUTES COUNTY, OREGON a Municipal Corporation OWNERS POLICY Schedule A 0118 -0600 102181 —TA Premium $ 185.00 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: BILL MAYFIELD 4. The land referred to in this Guarantee is situated in the County of Deschutes State of Oregon, and is described as follows: Lot Thirteen (13), Block Four (4), LOWER BRIDGE ESTATES, Deschutes County, Oregon. 5. The title to said estate or interest is subject to the following Exceptions: SEE EXHIBIT "A" Litigation Guarantee - Form 8.5 0118 -0601 Page 1 of Exhibit "A ", Order No. 102181 -TA, dated December 20, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 15C 1100 Serial No. 165391, (Affects Lot 13, Block 4) 1. The 1983 -1984 Taxes; $643.66, (Balance due $4.37, plus interest) 2. The 1984 -1985 Taxes; $687.78, plus interest, UNPAID. 3. The 1985 -1986 Taxes; $351.90, plus interest, UNPAID. 4. The 1986 -1987 Taxes; $378.35, plus interest, UNPAID. 5. The 1987 -1988 Taxes; $382.03, plus interest, UNPAID. 6. The 1988 -1989 Taxes; $384.23, plus interest, UNPAID. 7. The 1989 -1990 Taxes; $405.50, plus interest, UNPAID. 8. The 1990 -1991 Taxes; $367.70, plus interest, UNPAID. 9. The 1991 -1992 Taxes: $299.39, plus interest, UNPAID. NOTE: The above taxes are subject to foreclosure action filed September 25, 1990, Case No. 90CV0314TM. 10. Subject to a Local Improvement District Assessment No. K -024 in favor of Deschutes County. 11. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: January 15, 1979 Recorded: January 29, 1979 Book /Page: 261/843, Mortgage records. Mortgagor: Bill Mayfield Mortgagee: Deschutes -Odin Falls Ranch, a partnership consisting of Charles Miller; Neva Gould, personal representative of the Estate of Phillip R. Gould; Frank Gilchrist; Owen M. Panner; Philip Dahl, Harold Barclay, Oliver R. Jones, Samuel S. Johnson and Orchard Street Associates, a joint venture. (Includes other property) Said Mortgage was assigned of record by instrument Dated: November 2, 1979 Recorded: November 6, 1979 Book /Page: 280/464, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- 0103JT. CONTINUED 0118-0602 Page 2 of Exhibit "A ", Order No. 102181 -TA, dated December 20, 1991 Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 21, 1988, in Book 176, Page 209, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 29, 1989, in Book 199, Page 2497, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 26, 1990, in Book 225, Page 2258, Deschutes County Records. 12. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: March 15, 1979 Recorded: April 4, 1979 Book /Page: 265/497, Mortgage records. Mortgagor: Johnson's Parkway Realty, Inc., an Oregon Corporation Mortgagee: Bill Mayfield Said Mortgage was assigned of record by instrument Recorded: June 27, 1980 Book /Page: 293/787, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees (For Security Purposes) Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- 0103JT. 13. Covenants, Conditions and Restrictions as contained in instrument recorded March 5, 1981, in Book 337, Page 407, Deed Records. 14. Bylaws including the terms and provisions thereof, recorded July 20, 1981, in Book 344, Page 667, Deed Records. 15. Easement, the portion of As granted to: Recorded: Book /Page: 16. Unrecorded Vendor: including the terms and provisions thereof, affecting said premises and for the purposes stated therein United States Department of the Interior, Bureau of Land Management August 5, 1981 22/333, Deed Records Vendee: As disclosed by: Recorded: Book /Page: Contract of Sale, including the terms and provisions thereof Lower Bridge Estates, a joint venture consisting of Johnson's Parkway Realty, Inc., an Oregon Corporation and Rodney K. Houser. Victoria L. Sturgis Memorandum of Contract August 21, 1981 346/276, Deed Records CONTINUED 0118-0603 Page 3 of Exhibit "A ", Order No. 102181 -TA, dated December 20, 1991. Quitclaim Deed from Federal Deposit Insurance Corporation, as Receiver of Citizens Savings and Loan Association to Bill Mayfield, recorded July 22, 1991, in Book 240, Page 1164, Deschutes County Records. The names of additional persons who are entitled to receive a copy of notice of sale as provided by ORS 86.705 etseq.: 1. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, OR. 97701 Re: Exception No. 11 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Addresses unknown 2. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 12 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Addresses unknown 3. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 16 4. Victoria Sturgis P.O. Box 503 Dayton, Oregon 97114 END See Mop 14 12 A C07,17T iC vu This __e...J ._ _.._ . to assist is is ;' location and tho cam does not caarante:: its QCCuIacy. a o :J / sew 1, (01. • „:;1:* 9. ; S _ {V cv 500 tr. rar 400 2 600 1 5.< 3 0, -300 9 ,0 !0 10 y0, 4 1100 31 it � TICOR TITLE INSURANCE 0118 -0605 Litigation Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THE GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; This Guarantee shah not be valid or binding until countersigned below by a validating signatory of the Company. Dated: TICOR TITLE INSURANCE COMPANY OF CALIFORNIA (1 �'. �✓I�� cam' Validating Signatory By Attest President Secretary 702557 OR (1 -84) Form 8. Guarantee Conditioner 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond 'the lines of the land express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the rnortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property • in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in 'the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118 -0607 No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. Guarantee No.: Effective Date: GTR 0001 '10) /ORDER NO Liability: $ 1A,000_00 1. Name of Assured: 102173 -TA Dec inhpr F Fee: $ '77A 0101 0118 -0608 Schedule A DESCHUTES COUNTY, OREGON, a Municipal Corporation. 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: BILL MAYFIELD, as to PARCEL I. CITIZENS SAVINGS AND LOAN ASSOCIATION, as to PARCEL II. 4. The land referred to in this Guarantee is situated in the County of Deschutes State of Oregon, and is described as follows: PARCEL I: Lot Five (5), Block Three (3), LOWER BRIDGE ESTATES, Deschutes County, Oregon. PARCEL' II: Lots One (1) and Twelve (12), Block Five (5), LOWER BRIDGE ESTATES, Deschutes County, Oregon. 5. The title to said estate or interest is subject to the following Exceptions: SEE EXHIBIT "A" TO 2551A OR (1 -84) Litigation Guarantee — Form 8.5 0118 -0609 Page 1 of Exhibit "A ", Order No. 102173 -TA, dated December 18, 1991. EXHIBIT "A" Taxes assessed under Code No. 2 -3 Account No. 14 12 22B 400 Serial No. 165416, (Affects Lot Five 5, Block Three 3) 1. The 1983 -1984 Taxes; $321.73, (Balance due $135.63, plus interest) 2. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 3. The 1985 -1986 Taxes; $351.90, plus interest, UNPAID. 4. The 1986 -1987 Taxes; $324.30, plus interest, UNPAID. 5. The 1987 -1988 Taxes; $327.45, plus interest, UNPAID. 6. The 1988 -1989 Taxes; $329.34, plus interest, UNPAID. 7. The 1989 -1990 Taxes; $342.14, plus interest, UNPAID. 8. The 1990 -1991 Taxes; $310.24, plus interest, UNPAID. 9. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 23B 300 Serial No. 165431, (Affects Lot 12, Block 5) 10. The 1983 -1984 Taxes; $413.81, (Balance due $136.03, plus interest) 11. The 1984 -1985 Taxes; $442.19, plus interest, UNPAID. 12. The 1985 -1986 Taxes; $517.50, plus interest, UNPAID. 13. The 1986 -1987 Taxes; $540.50, plus interest, UNPAID. 14. The 1987 -1988 Taxes; $545.75, plus interest, UNPAID. 15. The 1988 -1989 Taxes; $548.90, plus interest, UNPAID. 16. The 1989 -1990 Taxes; $570.23, plus interest, UNPAID. 17. The 1990 -1991 Taxes; $517.07, plus interest, UNPAID. 18. The 1991 -1992 Taxes: $420.96, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22D 400 Serial No. 165426, (Affects Lot 1, Block 5) 19. The 1988 -1989 Taxes; $506.87, (Balance due $168.96, plus interest) 20. The 1989 -1990 Taxes; $459.62, plus interest, UNPAID. 21. The 1990 -1991 Taxes; $374.21, plus interest, UNPAID. CONTINUED 0118-0610 Page 2 of Exhibit "A ", Order No. 102173 -TA, dated December 18, 1991. NOTE: The above taxes are subject to foreclosure action, filed September 25, 1990, case No. 9OCVO314TM. 22. Rights of the public and governmental bodies in and to that portion of said premises, now or at any time, lying below the ordinary high water line of the Deschutes River, including any ownership rights which may be claimed by the State of Oregon below high water mark. (Affects Lots 1 and 12, Block 5) 23. Such rights and easements for navigation and fishing as may exist over that portion of the property, now or at any time, lying beneath the waters of the Deschutes River. (Affects Lot 12, Block 5) 24. All lots are subject to a Local Improvement District Assessment due - KO24 25. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: Recorded: Book /Page: I Mortgagor: Mortgagee: January 15, 1979 January 29, 1979 261/843, Mortgage records. Bill Mayfield Deschutes -Odin Falls Ranch, a partnership consisting of Charles Miller; Neva Gould, personal representative of the Estate of Phillip R. Gould; Frank Gilchrist; Owen M. Panner; Philip Dahl, Harold Barclay, Oliver R. Jones, Samuel S. Johnson and Orchard Street Associates, a joint venture. (Includes other property) (Lot 1, Block 5, was released from the above mortgage) Said Mortgage was assigned of record by instrument Dated: - November 2, 1979 Recorded: November 6, 1979 Book /Page: 269/970, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- O1O3JT. Mortgage Extension Agreement Ranch, recorded December 21, Records. Mortgage Extension Agreement Ranch, recorded December 29, Records. between Bill Mayfield and Deschutes -Odin Falls 1988, in Book 176, Page 209, Deschutes County between Bill Mayfield and Deschutes -Odin Falls 1989, in Book 199, Page 2497, Deschutes County CONTINUED 0118-0611 Page 3 of Exhibit "A ", Order No. 102173 -TA, dated December 18, 1991. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 26, 1990, in Book 225, Page 2258, Deschutes County Records. 26. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: Dated: Recorded: Book /Page: Mortgagor: Mortgagee: (Lot 1, Block Said Mortgage Recorded: Book /Page: Assigned to: $No amount shown March 15, 1979 April 4, 1979 265/497, Mortgage records. Johnson's Parkway Realty, Inc., an Oregon Corporation Bill Mayfield 5, was released from the above mortgage) was assigned of record by instrument June 27, 1980 293/787, Mortgage records. Lyman C. Johson and Oliver R. Jones, Trustees 27. Covenants, Conditions and Restrictions as contained in instrument recorded March 5, 1981, in Book 337, Page 407, Deed Records. 28. Bylaws including the terms and provisions thereof, recorded July 20, 1981, in Book 344, Page 667, Deed Records. 29. Unrecorded Vendor: Vendee: As disclosed by: Recorded: Book /Page: Affects: Contract of Sale, including the terms and provisions thereof Lower Bridge Estates, a joint venture comprised of Johnson Parkway Realty, Inc., and Rodney K. Houser. Robert R. Povey and Nancy M. Povey, husband and wife Memorandum of Contract July 22, 1981 344/784, Deed Records Lot 5, Block 3, and Lot 12, Block 5 The Vendor's interest thereunder duly assigned of record by Assignment Recorded: January 16, 1984 Book /Page: 40/606, Deschutes County Records Assigned to: Citizens Savings and Loan Association Quitclaim Deed including the terms and provisions thereof, from Federal Deposit Insurance Corporation, as Receiver of Citizens Savings and Loan Association, to Bill Mayfield, recorded July 22, 1991, Book 240, Page 1164, Deschutes County Records. (Affects Lot 5, Block 3 only) 30. Unrecorded Contract of Sale, including the terms and provisions thereof Vendor: Lower Bridge Estates, a joint venture consisting of Johnson's Parkway Realty, Inc., an Oregon corporation, and Rodney K. Houser. Vendee: Christopher Parker and Carol W. Parker, as tenants by the entirety by: Memorandum of Contract October 13, 1981 348/827, Deed Records 1, Block 5) As disclosed Recorded: Book /Page: (Affects Lot CONTINUED 0118 -0612 Page 4 of Exhibit "A ", Order No. 102173 -TA, dated December 18, 1991. The names of additional persons who are entitled to receive a copy of notice of sale as provided by ORS 86.705, etseq.: 1. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 22 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 2. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 23 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 22 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 3. FDIC manager of FSLIC, receiver for Citizens Savings and Loan Association, 2870 Zanker San Jose, California 95134 Re: Exception No. 26 4. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 26 5. Robert R. Povey Nancy M. Povey P.O. Box 131 Redmond, Oregon 97756 Re: Exception No. 26 END 0118 -0613 Page 4 of Exhibit "A ", Order No. 102173 -TA, dated December 18, 1991. The Vendor's Recorded: Book /Page: Assigned to: The Vendor's Recorded: Book /Page: Assigned to: interest thereunder duly assigned of record by Assignment January 16, 1984 40/606, Deschutes County Records Citizens Savings and Loan Association interest thereunder duly assigned of record by Assignment September 3, 1985 103/485, Deschutes County Records Johnson's Parkway Realty, Inc. Quitclaim Deed, including the terms and provisions thereof, from Christopher Conway Parker to Carol W. Parker, recorded August 26, 1985, in Book 102, Page 1256, Deschutes County Records. 31. Easement, the portion of As granted to: Recorded: Book /Page: including the terms and provisions thereof, affecting said premises and for the purposes stated therein United States Department of the Interior, Bureau of Land Management August 5, 1981 22/333, Deed Records • The names of additional persons who are entitled to receive a copy of notice of sale as provided by ORS 86.705, etseq.: 1. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 25 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 2. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 26 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 25 Suzanne Johnson, Christine Groner, Katheryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 3. FDIC manager of FSLIC, receiver for Citizens Savings and Loan Association, 2870 Zanker San Jose, California 95134 Re: Exception No. 29 & 30 4. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 29 CONTINUED 0118 -0614 Page 5 of Exhibit "A ", Order No. 102173 -TA, dated December 18, 1991. 5. Robert R. Povey Nancy M. Povey P.O. Box 131 Redmond, Oregon 97756 Re: Exception No. 29 6 Johnson's Parkway Realty, Inc. Address unknown Re: Exception No. 30 7 Carol W. Parker Address unknown Re: Exception No. 30 END iJ a NW%/4 SEA .T14S. R.12E.WM. DESCHUTES COUNTY 1 fi= 200` See Mop 14 12 14C 100 14 ROBERTS 0# P 600 .0 3-se id o' 700 b 0 /9118 -0615 CO1‘,1PT I i`INTS OF FEND TITLE COiPANY • This sketch is furnished to assist in property location and the company does not guaranta0 its accusncy. 14 1� 200 13 COURT a 10 5 2.3 8 7 Map 14 12 I5C •►. 6" .1. u.�Kr 7J� vJ 141 3 Ai e c- , \e /4 3 r / 0 0 600 500 0118-0616 N '^ A M Ct CCi•I" ..:, d''_'3 OF a7R1011: 5 ? T %is e::_:c` in .:.._Wished 100 to ,._..: t .; ;.5: , erty locat:cn ccripany dada not gout ntee its QCcuracy. 14 f N..9 air o 400 if) 0) z 5 .3.1105.4 4/ tl••W 0 0 "may ' 4 15 s It fT "■, 16 S•69.•40 Zs 200M M 0 300 / J 0 0 r N Jr TICOR TIT C-0 INSURANCE 0118 -0637 s Litigation Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THE GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; This Guarantee shall not be valid or binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Dated: CCountersigned: By Validating Signatory TO 2551 OR (1 -84) By Attest President Secretary Form 8.5 0118 -0618 Guarantee Conditions and Stipulations 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the and express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such and abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no loss to the Assured. 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118 -0619 No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. TO 2551A OR (5 -87) Litigation Guarantee No. GL38 000124 1. Name of Assured: Amount of Guarantee $ 82,500.00 Dateeof Guarantee December 5, 1991 DESCHUTES COUNTY, OREGON a Municipal Corporation OWNERS POLICY Schedule A 0118 -0620 Premium $ 405.00 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: FDIC as receiver for CITIZENS SAVINGS AND LOAN ASSOCIATION 4. The land referred to in this Guarantee is situated in the County of State of Oregon, and is described as follows: Deschutes 102177 —TA Lot Four (4), Block Three (3); Lots Ten (10), Eleven (11), Fourteen (14), Fifteen (15) and Sixteen (16), Block Four (4), all in LOWER BRIDGE ESTATES, Deschutes County, Oregon. 5. The title to said estate or interest is subject to the following Exceptions: SEE EXHIBIT "A" Litigation Guarantee - Form 8.5 EXHIBIT "A" 0118 -0621 Page 1 of Exhibit "A ", Order No. 102177 -TA, dated December 27, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 22B 500 Serial No. 165417, (Affects Lot 4, Block 3) 1. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 2. The 1985 -1986 Taxes; $351.90, plus interest, UNPAID. 3. The 1986 -1987 Taxes; $264.85, plus interest, UNPAID. 4. The 1987 -1988 Taxes; $267.42, plus interest, UNPAID. 5. The 1988 -1989 Taxes; $268.96, plus interest, UNPAID. 6. The 1989 -1990 Taxes; $316.80, plus interest, UNPAID. 7. The 1990 -1991 Taxes; $287.26, plus interest, UNPAID. 8. The 1991 -1992 Taxes: $280.64, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22A 400 Serial No. 165411, (Affects Lot 10, Block 4) 9. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 10. The 1985 -1986 Taxes; $310.50, plus interest, UNPAID. 11. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 12. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 13. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 14. The 1989 -1990 Taxes; $342.14, plus interest, UNPAID. 15. The 1990 -1991 Taxes; $310.24, plus interest, UNPAID. 16. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22A 500 Serial No. 165412, (Affects Lot 11, Block 4) 17. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 18. The 1985 -1986 Taxes; $310.50, plus interest, UNPAID. 19. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 20. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 21. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. CONTINUED 0118 -0622 Page 2 of Exhibit "A ", Order No. 102177 -TA, dated December 27, 1991. 22. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 23. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 24. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22B 100 Serial No. 165413, (Affects Lot 14, Block 4) 25. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 26. The 1985 -1986 Taxes; $351.90, plus interest, UNPAID. 27. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 28. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 29. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 30. The 1989 -1990 Taxes; $278.78, plus interest, UNPAID. 31. The 1990 -1991 Taxes; $252.79, plus interest, UNPAID. 32. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22B 200 Serial No. 165414, (Affects Lot 15, Block 4) 33. The 1984 -1985 Taxes; $343.79, plus interest, UNPAID. 34. The 1985 -1986 Taxes; $351.90, plus interest, UNPAID. 35. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 36. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 37. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 38. The 1989 -1990 Taxes; $342.14, plus interest, UNPAID. 39. The 1990 -1991 Taxes; $310.24, plus interest, UNPAID. 40. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. Taxes assessed under Code No. 2 -3 Account No. 14 12 22B 300 Serial No. 165415, (Affects Lot 16, Block 4) 41. The 1984 -1985 Taxes; $295.20, plus interest, UNPAID. 42. The 1985 -1986 Taxes; $351.90, plus interest, UNPAID. CONTINUED 0118 -0623 Page 3 of Exhibit "A ", Order No. 102177 -TA, dated December 27, 1991. 43. The 1986 -1987 Taxes; $227.01, plus interest, UNPAID. 44. The 1987 -1988 Taxes; $229.22, plus interest, UNPAID. 45. The 1988 -1989 Taxes; $230.54, plus interest, UNPAID. 46. The 1989 -1990 Taxes; $342.14, plus interest, UNPAID. 47. The 1990 -1991 Taxes; $310.24, plus interest, UNPAID. 48. The 1991 -1992 Taxes: $252.57, plus interest, UNPAID. NOTE: The above taxes are subject to foreclosure action filed September 25, 1990, Case No. 9OCVO314TM. 49. All lots are subject to a Local Improvement District Assessment No. K -024 in favor of Deschutes County. 50. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: January 15, 1979 Recorded: January 29, 1979 Book /Page: 261/843, Mortgage records. Mortgagor: Bill Mayfield Mortgagee: Deschutes -Odin Falls Ranch, a partnership consisting of Charles Miller; Neva Gould, personal representative of the Estate of Phillip R. Gould; Frank Gilchrist; Owen M. Panner; Philip Dahl, Harold Barclay, Oliver R. Jones, Samuel S. Johnson and Orchard Street Associates, a joint venture. (Includes other property) Said Mortgage was assigned of record by instrument Dated: November 2, 1979 Recorded: November 6, 1979 Book /Page: 280/464, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees (Lot (4), Block (3), and Lots (10), (15), and (16), Block (4), have been release from the above Mortgage.) Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- O1O3JT. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 21, 1988, in Book 176, Page 209, Deschutes County Records. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 29, 1989, in Book 199, Page 2497, Deschutes County Records. CONTINUED 4118 -0624 Page 4 of Exhibit "A ", Order No. 102177 -TA, dated December 27, 1991. Mortgage Extension Agreement between Bill Mayfield and Deschutes -Odin Falls Ranch, recorded December 26, 1990, in Book 225, Page 2258, Deschutes County Records. 51. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: Dated: Recorded: Book /Page: Mortgagor: Mortgagee: $No amount shown March 15, 1979 April 4, 1979 265/497, Mortgage records. Johnson's Parkway Realty, Inc., an Oregon Corporation Bill Mayfield Said Mortgage was assigned of record by instrument Recorded: June 27, 1980 Book /Page: 293/787, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees (For Security Purposes) 52. Covenants, Conditions and Restrictions as contained in instrument recorded March 5, 1981, in Book 337, Page 407, Deed Records. 53. Bylaws including the terms and provisions thereof, recorded July 20, 1981, in Book 344, Page 667, Deed Records. 54. Easement, the portion of As granted to: Recorded: Book /Page: including the terms and provisions thereof, affecting said premises and for the purposes stated therein United States Department of the Interior, Bureau of Land Management August 5, 1981 22/333, Deed Records 55. Unrecorded Contract of Sale, including the terms and provisions thereof Vendor: Johnson's Parkway Realty Inc., an Oregon Corporation Vendee: Charles C. Lake, an undivided 1/3 interest, Sylvanus Smith, an undivided 1/3 interest, and Robert Perkins, an undivided 1/3 interest, as tenants in common. As disclosed by: Memorandum of Contract Recorded: May 23, 1983 Book /Page: 14/703, Deschutes County Records (Affects Lot 4, Block 3) The Vendor's Recorded: Book /Page: Assigned to: The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 interest thereunder duly assigned of record by Assignment January 16, 1984 40/606, Deschutes County Records Citizens Savings and Loan Association interest thereunder duly assigned of record by Assignment September 19, 1984 73/699, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Robert Perkins) CONTINUED 0118 -0625 Page 5 of Exhibit "A ", Order No. 102177 -TA, dated December 27, 1991. The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 interest thereunder duly assigned of record by Assignment September 19, 1984 73/700, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Sylvanus Smith) 56. Unrecorded Contract of Sale, including the terms and provisions thereof Vendor: Johnson's Parkway Realty Inc., an Oregon Corporation Vendee: Charles C. Lake, an undivided 1/3 interest, Sylvanus Smith, an undivided 1/3 interest, and Robert Perkins, an undivided 1/3 interest. As disclosed by: Memorandum of Contract Recorded: May 23, 1983 Book /Page: 14/706, Deschutes County Records (Affects Lot 10, Block 4) The Vendor's Recorded: Book /Page: Assigned to: (Affects 1/3 The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 interest thereunder duly assigned of record by Assignment January 16, 1984 40/606, Deschutes County Records Citizens Savings and Loan Association interest of Robert Perkins) interest thereunder duly assigned of record by Assignment September 19, 1984 73/699, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Robert Perkins) interest thereunder duly assigned of record by Assignment September 19, 1984 73/700, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Sylvanus Smith) 57. Unrecorded Contract of Sale, including the terms and provisions thereof Vendor: Johnson's Parkway Realty Inc., an Oregon Corporation Vendee: Charles C. Lake, an undivided 1/3 interest, Sylvanus Smith, an undivided 1/3 interest, and Robert Perkins, an undivided 1/3 interest. As disclosed Recorded: Book /Page: (Affects Lot The Vendor's Recorded: Book /Page: Assigned to: by: Memorandum of Contract May 23, 1983 14/709, Deschutes County Records 11, Block 4) interest thereunder duly assigned of record by Assignment January 16, 1984 40/606, Deschutes County Records Citizens Savings and Loan Association CONTINUED 0118 -0626 Page 6 of Exhibit "A ", Order No. 102177 -TA, dated December 27, 1991. The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 interest thereunder duly assigned of record by Assignment September 19, 1984 73/699, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Robert Perkins) interest thereunder duly assigned of record by Assignment September 19, 1984 73/700, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Sylvanus Smith) 58. Unrecorded Contract of Sale, including the terms and provisions thereof Vendor: Johnson's Parkway Realty Inc., an Oregon Corporation Vendee: Charles C. Lake, an undivided 1/3 interest, Sylvanus Smith, an undivided 1/3 interest, and Robert Perkins, an undivided 1/3 interest. As disclosed Recorded: Book /Page: (Affects Lot The Vendor's Recorded: Book /Page: Assigned to: The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 by: Memorandum of Contract May 23, 1983 14/712, Deschutes County Records 14, Block 4) interest thereunder duly assigned of record by Assignment January 16, 1984 40/606, Deschutes County Records Citizens Savings and Loan Association interest thereunder duly assigned of record by Assignment September 19, 1984 73/699, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Robert Perkins) interest thereunder duly assigned of record by Assignment September 19, 1984 73/700, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Sylvanus Smith) 59. Unrecorded Contract of Sale, including the terms and provisions thereof Vendor: Johnson's Parkway Realty Inc., an Oregon Corporation Vendee: Charles C. Lake, an undivided 1/3 interest, Sylvanus Smith, an undivided 1/3 interest, and Robert Perkins, an undivided 1/3 interest. As disclosed by: Memorandum of Contract Recorded: May 23, 1983 Book /Page: 14/715, Deschutes County Records (Affects Lot 15, Block 4) CONTINUED 0118 -0627 Page 7 of Exhibit "A ", Order No. 102177 -TA, dated December 27, 1991. The Vendor's Recorded: Book /Page: Assigned to: The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 The Vendee's Recorded: Book /Page: Assigned to: Affects: (Affects 1/3 60. Unrecorde Vendor: Vendee: As disclosed Recorded: Book /Page: (Affects Lot The Vendor's Recorded: Book /Page: Assigned to: The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 The Vendee's Recorded: Book /Page: Assigned to: (Affects 1/3 interest thereunder duly assigned of record by Assignment January 16, 1984 40/606, Deschutes County Records Citizens Savings and Loan Association interest thereunder duly assigned of record by Assignment September 19, 1984 73/699, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Robert Perkins) interest thereunder duly assigned of record by Assignment September 19, 1984 73/700, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation Lot 4, Block 3, & Lots 10, 11, 14, 15, & 16, Block 4 interest of Sylvanus Smith) d Contract of Sale, including the terms and provisions thereof Johnson's Parkway Realty Inc., an Oregon Corporation Charles C. Lake, an undivided 1/3 interest, Sylvanus Smith, an undivided 1/3 interest, and Robert Perkins, an undivided 1/3 interest. by: Memorandum of Contract May 23, 1983 14/718, Deschutes County Records 16, Block 4) interest thereunder duly assigned of record by Assignment January 16, 1984 40/606, Deschutes County Records Citizens Savings and Loan Association interest thereunder duly assigned of record by Assignment September 19, 1984 73/699, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Robert Perkins) interest thereunder duly assigned of record by Assignment September 19, 1984 73/700, Deschutes County Records. Johnson's Parkway Realty, Inc., an Oregon Corporation interest of Sylvanus Smith) CONTINUED in 11 0118 -0628 DESCHUTES C 111= 200' ,COMPLIMENTS OF BEND TITTLE COMPANY' Q'his sketch is f. „'Wished to aa::i:t in _ :y Location a^= the corZ; on\ does not g -u irar:::e its accura::y. (#g;\ 500 CC\ 0 'o0 • i,c4t i 8 / T. CP / \( co e (:) Z .- •, s...'• 400 &? ( 4 `1S CO ec 0 474 vi.0 S. S - s See Mat, 14 1 1 // 200 / / / 1. 0 300 '4) 9 J a 3 t .<05a. -- •••. .-w, Mop )4 12 15C i11.e1' 3 ..1.1101.1.4f ;} - W. Zr.IZ 600 01 toCG'`i Cif .. _ 4-121-161"' j l.1 100 w or w w 14 cr cn 3 _ 14.49044.• OrNi. iau M• 5 t t� w r N r Ix 400 : M 0) z 0 0 1 N.69•44r 2a-y/. 0 0 e, 016.46' 2-10.E • 4s4.'04' 4 15 6l.d.0-2 nor 435.15' 16 5.69• ♦6• Zs"E. 0118 -0629 200 d N N 0 300 fl /O / / 0 0 1 / / / / 4 0118 -0630 TICOR TITLE INSURANCE Litigation Guarantee SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THE GUARANTEE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, herein called the Company, for the fee paid for this Guarantee, the amount and effective date of which are shown herein, hereby Guarantees the parties herein called the Assured, against actual loss not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the effective date stated herein, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; This Guarantee shall not be valid or binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Dated: Ce4:10,tersigned: Validating Signatory TO 2551 OR (1 -84) By Attest President Secretary Form 8.5 1 0118 -0631 Guarantee Conditions and �pulation: 1. Definition of Terms The following terms when used in this Guarantee mean: (a) "land ": the land described, specifically or by reference, in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) "date ": the effective date; (d) "the Assured ": the party or parties named as the Assured in this Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. 2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land express- ly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by one or more of the Assured; or (2) resulting in no Toss to the Assured_ 3. Prosecution of Actions (a) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company may take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured tor such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss — Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or com- promise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, pay- ment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company here- under. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 6. Limitation of Liability — Payment of Loss (a) The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated within this Guarantee. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without wirtten consent of the Company. (d) All payments under this Guarantee, except for attorney's fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorse- ment of such payment unless the Guarantee be lost or des- troyed, in which case proof of such Toss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be sub - rogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. The Assured if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. Guarantee Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. 0118 -0632 No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached herUto signed by the President, a Vice President, the Secretary, ,m Assistant Secretary or other validating officer of the Company. 9. Notices, Where Sent All notices required to be given the Company and any state- ment in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to its Principal Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 10. The fee specified within this Guarantee is the total fee for title search and examination and for this Guarantee. IV L551N UH OWNERS POLICY Schedule A 0118 -0633 102179 —'ea Litigation Guarantee No. GL38 000127 1. Name of Assured: Amount of Guarantee $22,500.00 Date of Guarantee December 5, 1991 DESCHUTES COUNTY, OREGON a Municipal Corporation Premium $ 215.00 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE 3. Title to said estate or interest at the date hereof is vested in: SEE ATTACHED EXHIBIT "A" 4. The land referred to in this Guarantee is situated in the County of Deschutes State of Oregon, and is described as follows: Lot Eight (8), Block Five (5), LOWER BRIDGE ESTATES, Deschutes County, Oregon. 5. The title to said estate or interest is subject to the following Exceptions: SEE EXHIBIT "B" Litigation Guarantee - Form 8.5 Order No. 102179 -TA, dated December 20, 1991. EXHIBIT "A" 0118 -0634 JERALD E. FOX, as to an undivided 35.42% interest, LANDO D. CRITTENDEN and G. LOUISE CRITTENDEN, as to an undivided 9.65% interest, as tenants by the entirety to each other; GERALD G. DUMONT and ALMA M. DUMONT, as to an undivided 4.16% interest, as tenants by the entirety to each other; ROBERT A. GIULIANI and KATHERINE M. GIULIANI, as to an undivided 3.95% interest, as tenants by the entirety to each other; ELDON L. ERICKSON and CAROL F. ERICKSON, as to an undivided 3.48% interest, as tenants by the entirety to each other; RICHARD W. HENTON and JUNE M. HENTON, as to an undivided 7.16% interest, as tenants by the entirety to each other; JONETH ANN LUCHT, as to an undivided 3.58% interest; BOB D. WEHNERT, as to an undivided 10.8% interest; STANLEY A. RICH, as to an undivided 1.72% interest; MICHAEL P. MOORE and SANDRA L. MOORE, as to an undivided 1.39% interest, as tenants by the entirety to each other; LLOYD V. SWANSON, as to an undivided 2.31% interest; JAMES G. YOUDE and JUDITH D. YOUDE, as to an undivided 4.48% interest, as tenants by the entirety to each other; G. R. ALEXANDER and CATHERINE ALEXANDER, as to an undivided 4.24% interest, as tenants by the entirety to each other; and BERNARD E. MUSCH and CONNIE B. MUSCH, as to an undivided 7.66% interest, as tenants by the entirety to each other; all as tenants in common. 0118 -0635 Page 1 of Exhibit "B ", Order No. 102179 -TA, dated December 20, 1991. Taxes assessed under Code No. 2 -3 Account No. 14 12 23B 700 Serial No. 165435, (Affects Lot 8, Block 5) 1. The 1984 -1985 Taxes; $442.19, plus interest, UNPAID. 2. The 1985 -1986 Taxes; $362.25, plus interest, UNPAID. 3. The 1986 -1987 Taxes; $378.35, plus interest, UNPAID. 4. The 1987 -1988 Taxes; $382.03, plus interest, UNPAID. 5. The 1988 -1989 Taxes; $384.23, plus interest, UNPAID. 6. The 1989 -1990 Taxes; $506.87, plus interest, UNPAID. 7. The 1990 -1991 Taxes; $459.62, plus interest, UNPAID. 8. The 1991 -1992 Taxes: $420.96, plus interest, UNPAID. NOTE: The above taxes are subject to one of the foreclosure action filed September 25, 1990, Case No. 90CV0314TM and filed July 25, 1991, Case No. 9. Subject to a Local Improvement District Assessment No. K -024 in favor of Deschutes County. 10. Rights of the public and governmental bodies in and to that portion of said premises, now or at any time, lying below the ordinary high water line of the Deschutes River, including any ownership rights which may be claimed by the State of Oregon below high water mark. 11. Such rights and easements for navigation and fishing as may exist over that portion of the property, now or at any time, lying beneath the waters of the Deschutes River. 12. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: Dated: Recorded: Book /Fage: Mortgagor: Mortgagee: $No amount shown January 15, 1979 January 29, 1979 261/843, Mortgage records. Bill Mayfield Deschutes -Odin Falls Ranch, a partnership consisting of Charles Miller; Neva Gould, personal representative of the Estate of Phillip R. Gould; Frank Gilchrist; Owen M. Panner; Philip Dahl, Harold Barclay, Oliver R. Jones, Samuel S. Johnson and Orchard Street Associates, a joint venture. (Includes other property) CONTINUED 0118-0636 Page 2 of Exhibit "B ", Order No. 102179 -TA, dated December 20, 1991. Said Mortgage was assigned of record by instrument Dated: November 2, 1979 Recorded: November 6, 1979 Book /Page: 280/464, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees Mortgage Extension Agreement Ranch, recorded December 21, Records. Mortgage Extension Agreement Ranch, recorded December 29, Records. Mortgage Extension Agreement Ranch, recorded December 26, Records. between Bill Mayfield and Deschutes -Odin Falls 1988, in Book 176, Page 209, Deschutes County between Bill Mayfield and Deschutes -Odin Falls 1989, in Book 199, Page 2497, Deschutes County between Bill Mayfield and Deschutes -Odin Falls 1990, in Book 225, Page 2258, Deschutes County Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1988, in 88- PB- 0103JT. 13. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $No amount shown Dated: March 15, 1979 Recorded: April 4, 1979 Book /Page: 265/497, Mortgage records. Mortgagor: Johnson's Parkway Realty, Inc., an Oregon Corporation Mortgagee: Bill Mayfield Said Mortgage was assigned of record by instrument Recorded: June 27, 1980 Book /Page: 293/787, Mortgage records. Assigned to: Lyman C. Johnson and Oliver R. Jones, Trustees (For Security Purposes) Order to appoint R. L. Marceau as Sale Successor Trustee to Oliver R. Jones, filed November 1, 1978, in 88- PB- 0103JT. 14. Covenants, Conditions and Restrictions as contained in instrument recorded March 5, 1981, in Book 337, Page 407, Deed Records. 15. Bylaws including the terms and provisions thereof, recorded July 20, 1981, in Book 344, Page 667, Deed Records. 16. Easement, the portion of As granted to: Recorded: Book /Page: including the terms and provisions thereof, affecting said premises and for the purposes stated therein United States Department of the Interior, Bureau of Land Management August 5, 1981 22/333, Deed Records CONTINUED 0118 -0637 Page 3 of Exhibit "B ", Order No. 102179 -TA, dated December 20, 1991. 17. Deed of Trust, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $17,925.65 Dated: October 1, 1981 Recorded: October 2, 1981 Book /Page: 320/118, Deed Records Grantor: Lower Bridge Estates, a joint venture consisting of Johnson's Parkway Realty, Inc., an Oregon corporation and Rodney K. Houser Trustee: Central Oregon Escrow Service, Inc. Beneficiary: William Foster, Jr. and June Foster, husband and wife. 18. Deed of Trust, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $22,000.00 Dated: December 20, 1983 Recorded: December 22, 1983 Book /Page: 37/983, Deschutes County Records Grantor: Jerald E. Fox Trustee: Key Title Company Beneficiary: Johnsons Parkway Realty, Inc. Re- recoded: January 12, 1984 Book /Page: 40/175, Deschutes County Records 19. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $38,250.00 Dated: December 21, 1983 Recorded: December 22, 1983 Book /Page: 37/993, Deschutes County Records Mortgagor: Jerald E. Fox Mortgagee: K & J Properties, an Oregon Limited Partnership Amended Mortgage including the terms and provisions thereof, between Jerald E. Fox, as nominee for a group of individuals, including Lando D. Crittenden and G. Louise Crittenden; and K -J Properties, an Oregon Limited Partnership, dated December 21, 1983, Recorded March 26, 1984, in Book 49, Page 269, Deschutes County Records. Said Mortgage was assigned of record by instrument Dated: August 10, 1984 Recorded: August 16, 1984 Book /Page: 69/507, Deschutes County Records Assigned to: Dolor Corp. CONTINUED Page 4 of Exhibit "6", Order No. 102179 -TA, dated Decemb,ar 20, 091180638 20. Mortgage, including the terms and provisions thereof, to secure an indebtedness of the amount herein stated. Amount: $64,090.00 Dated: October 29, 1984 Recorded: November 15, 1984 Book /Page: 80/918, Deschutes County Records Mortgagor: Jerald E. Fox Mortgagee: Paulette Carroll 21. Judgment in the State Circuit Court, County of Deschutes, for the amount herein stated and any other amounts due. Creditor: Benton County Bank or Oregon State Bank Debtor: Jerald E. Fox; Estate Builders, Inc. Amount: $20,000.00; $161.50 costs; $1,000.00 attorney fees, plus interest Entered: November 19, 1985 Book /Page: 11/250, Judgment Dockets Case No.: TR 239075 22. Notice of Federal Tax lien for the amount herein stated and any other amounts due: Against: Amount: Entered: Book /Page: Jerald E. Fox and Roberta J. Fox $137,385.85 plus interest May 11, 1987 145/1376, Deschutes County Records 23. Judgment in the State Circuit Court, County of Deschutes, for the amount herein stated and any other amounts due. Creditor: Citizens S & L Assn. Debtor: Jerald E. Fox Amount: $102,000.00 @ 13.5%/yr. fr. 6/5/84; $3,734.00 attorney fees $1,017.00 costs Entered: September 16, 1987 Case No.: 86 CV 0428 JC 24. Judgment in the State Circuit Court, County of Deschutes, for the amount herein stated and any other amounts due. Creditor: Citizens S & L Assn. Debtor: Jerald E. Fox Amount: $366,000.00 @ 18.5% /yr. fr. 12/20/83; $3,776.00 attorney fees $1,001.50 costs Entered: September 17, 1987 Case No.: 86 CV 0438 TM CONTINUED 0118 -0639 Page 5 of Exhibit "B ", Order No. 102179 -TA, dated December 20, 1991. 25. Judgment in the State Circuit Court, County of Deschutes, for the amount herein stated and any other amounts due. Creditor: Ann Olsen Silvernail Debtor: Jerald E. Fox Amount: $21,677.17 Entered: September 23, 1988 Book /Page: 170/2692, Deschutes County Records The names of additional persons who are entitled to receive a copy of notice of sale as provided by ORS 86.705 etseq.: 1. Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Re: Exception No. 12 Suzanne Johnson, Christine Groner, Kathryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 2. Bill Mayfield 525 NW 10th Redmond, Oregon 97756 Re: Exception No. 13 Ronald L. Marceau, Trustee 1201 NW Wall, Bend, Oregon 97701 Suzanne Johnson, Christine Groner, Kathryn Johnson and Charles Johnson, devisee's of Lyman C. Johnson, deceased Address unknown 3. William Foster, Jr. June Foster Address unknown Re: Exception No. 17 4. Johnson's Parkway Realty, Inc. Address unknown Re: Exception No. 18 5. K & J Properties Address unknown Re: Exception No. 17 Dolor Corp. Oly Grand Investments, Inc. Address unknown CONTINUED 0118 -0640 Page 6 of Exhibit "B ", Order No. 102179 -TA, dated December 20, 1991. 6. Paulette Carroll Address unknown Re: Exception No. 20 7. Benton County Bank Oregon State Bank No Address Shown Re: Exception No. 21 8. Internal Revenue Service Portland District No address shown Re: Exception No. 22 9. FDIC, Manager of FSLIC Resolution Fund as Successor to Federal Savings and Loan Association. 2870 Zanker San Jose, California 95134 Re: Exception No. 23 & 24 10. Ann Olsen Silvernail No address shown Re: Exception No. 25 11. Jerald E. Fox, Lando D. Crittenden and G. Louise Crittenden, Gerald G. Dumont and Alma M. Dumont, Robert A. Giuliani and Katherine M. Giuliani Eldon L. Erickson and Carol F. Erickson, Richard W. Henton and June M. Henton, Joneth An Lucht, Bob D. Wehnert, Stanley A. Rich, Michael P. Moore and Sandra L. Moore, Lloyd V. Swanson, James G. Youde and Judith D. Youde, G.R. Alexander and Catherine Alexander, Bernard E. Musch and Connie B. Musch. END 15 14 w.es• I.gs -a. 620. 22 / 23 / / / / N / COMPLIMENTS OE / BEND TITLE N u COMPAI1Y Nn / TLis sketch is furnished O / to assist in property Kr a N location cnd the compan;' n does not guarantee o er ii.3 accuracy. a, o v) a / • It T 2 4 1200 N 14 ROBERTS 600 0118 -0641 1 100 N 11 a O 10 5 700 2.3 8 / 1000 Jp . "co • / 0 / / 5 • •