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HomeMy WebLinkAbout2005-1214-Resolution No. 2005-126 Recorded 10/25/2005R'EVI D I,-A LEGAL COUNSEL COUNTY OFFICIALNANCYUTES BLANKENSHIP, COUNTY CLERKDS vu 2005-1114 COMMISSIONERS' JOURNAL 11■11■I ■ 1a/Z6/Zd05 3;59;39 PM 111■■11■I■■u■Iunuoil 2005-1214 rur >ccwrulug anal BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Transferring Appropriations Within Various Funds of the 2005-2006 * RESOLUTION NO. 2005-126 Deschutes County Budget and Directing Entries WHEREAS, attached is an e-mail from the Forestry Specialist requesting a transfer of appropriations, and WHEREAS it is necessary to transfer appropriations within the Deschutes County Budget to accommodate the request; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the following transfers of appropriations be made: FROM: 165-0800-501.97-01 Deschutes County Video Lottery Fund, Contingency $3,785 TO: 165-0800-491.96-10 Deschutes County Video Lottery Fund, Transfers Out, Miscellaneous $3,785 FROM: 327-5000-431.59-90 Deschutes County Federal Forest Title III Fund, Federal Forest Title III $3,785 TO: 327-5000-431.34-60 Deschutes County Federal Forest Title III Fund, Graphic Design $3,785 Section 2. That the Finance Director snake the appropriate entries in the Deschutes County Budget document to show the above appropriations. DATED this th day of October, 2005. ATTEST: %q<0_A_ Recording Secretary PAGE I OF i -RESOLUTION NO. 2005-126(10/24/05) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM DEWOLF, Chair DESCHUTES COUNTY INCREASE OR TRANSFER OF APPROPRIATIONS FORM B.O.C.C. Meeting Date: Resolution No. Line -item Description Resources Total Resources Reauirements: Form No. October 24, 2005 2005-126 Budget Prior to this Line -item Account Resolution Inc/(Dec) Deschutes County Video Lottery Fund, Contingency 165-0800-501.97-01 Deschutes County Video Lottery Fund, Transfers Out -Miscellaneous 165-0800-491.96-10 Deschutes County Federal Forest Title III Fund, Federal Forest Title III 327-5000-431.59-90 Deschutes County Federal Forest Title III Fund, Graphic Design 327-5000-431.34-60 Total Requirements 118,822 (3,785) - 3,785 553,057 (3,785) - 3,785 Revised 115,037 3,785 549,272 3,785 671,879 - 671,879 Message Page 1 of 2 Judi Hasse From: Marty Wynne Sent: Wednesday, October 12, 2005 11:07 AM To: Judi Hasse Subject: FW: Project Wildfire and 327 Account Judi, Please prepare resolution. Thank you. Marty -----Original Message ----- From: Joe Stutter Sent: Wednesday, October 12, 2005 10:51 AM To: Marty Wynne; 'Katie Lighthall' Cc: Kristi Michaelis Subject: Project Wildfire and 327 Account Please make an appropriation change from the video lottery account to the natural resources Title III account (327) for $3785. We will be receiving an invoice from Every Idea which has been working on the Project Wildfire website for $1326.50 to cover work completed so far. We expect that in the next year additional work will be completed which will total but not exceed the total amount of $3785. Upon receiving the invoice will work with Kristi to create an Accounts Payable voucher for payment to the vendor. Thanks for your assistance with this, joe Joe Stutler Forestry Specialist Deschutes County (541) 322-7117 office (541) 388-2719 fax 611501 SE 27th St. Bend, OR 97792 joest@co.deschutes.or.us 10/12/2005 U AAA{ Deschutes County Board of Commissioners $ 1300 NW Wall St., Bend, OR 97701-1947 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orl; DESCHUTES COUNTY ECONOMIC DEVELOPMENT FUND DISCRETIONARY GRANT PROGRAM APPLICATION Direct Application to: Commissioner DeWolf Commissioner Daly_ Date: 9-8-95 Commissioner Luke X All Three Commissioners Project Name: Project Wildfire Website Project Beginning Date: 10-1-05 Project End Date: 9- 31) - 0 6 Amount of Request: $ 3 . 785 Date Funds Needed: ASAP Applicant Organization: project Wildfire Address: 63377 Jamison Street Contact Name: Kate L i g h t h a l l Fax: 541-322-6319 Tax ID #: City: Bend State:WA Zip: 97701 Telephone: 541-322-6396 Email: Klighthall@ci.bend.or.us On a separate sheet, please briefly answer the following questions: 1. Describe the applicant organization, including its purpose, leadership structure, and activities. 2. Describe the proposed project or activity. 3. Provide a timeline for completing the proposed project or activity. 4. Explain how the proposed project or activity will impact the community's economic health. 5. Identify the specific communities or groups that will benefit. 6. Itemize anticipated expenditures*. Describe how grant funds will be used and include the source and amounts of matching funds or in-kind contributions, if any. If the grant will support an ongoing activity, explain how it will be funded in the future. Attach: 1. Proof of the applicant organization's non-profit status. * Applicant may be contacted during the review process and asked to provide a complete line item budget. i�5 Amount Approved: By:� r��_"Date: Declined: By: �� Date: Project Wildfire Proposal to Deschutes County Economic Development Fund Discretionary Grant Program Organization Project Wildfire is the organized result of a Deschutes County effort to create long-term wildfire mitigation strategies and provide for a disaster -resistant community. Created by County ordinance 8.24.010, Project Wildfire is the Local Coordinating Group (LCG) for Deschutes County that facilitates, educates, disseminates and maximizes community efforts towards effective fire planning and mitigation. Our mission is to prevent deaths, injuries, property loss and environmental damage resulting from wildfires We achieve our mission through education and involvement in wildland fire prevention activities like the FireFree program. Originally convened as a local mission of the federal Project Impact effort in 1999, the group evolved into Project Wildfire with a community -wide focus on wildland fire prevention, mitigation and education. Project Wildfire is governed by a 26 member steering committee comprised of leaders from all local, state and federal fire agencies as well members of the private sector including a marketing consultant, forestry consultants, homeowners associations, insurance representatives, environmental advocates and elected officials. Project Wildfire is the only group across the nation that is created by County ordinance to specifically address the risks of wildland fire in a community. Our organization is supported by local fire agencies and through a grant under the Secure Rural Schools Act (Title III funding). Project description Project Wildfire has become a leader across Central Oregon in wildland fire mitigation and education. Project Wildfire is tasked with the coordination of the overall FireFree program as well as the facilitation of Community Wildfire Protection Plans (CWPPs) in communities within Deschutes County that are at exceptionally high risk for the threat of wildfire. In order to be effective in both activity areas we are proposing to create a website to house Project Wildfire education and mitigation information as well as the FireFree website. As we continue to participate in educational opportunities across Deschutes County and expand our recognition across the country, a website is necessary as a vehicle for information and updates on activities. It is our desire that the Project Wildfire website establishes credibility and awareness for the organization as well as be an informational center for community wildfire preparedness. Specifically, the website will have pages that highlight Project Wildfire and its history, a "what's happening" column, Community Wildfire Protection Plans in Deschutes County, the FireFree program, outside resources with links to participating agencies, the current Project Wildfire membership, and contact information. Project Wildfire is seeking a grant to fund the design and launch of the Project Wildfire website and link the overall FireFree website to it. We are requesting $3,785 from the Economic Development Fund Discretionary Grant Program for this project. Grant funds will also be used to secure the www.projectwildfire org and www.firefree.org domain names for five years and maintain the sites with quarterly updates. We are in the process of gathering imagery and text for the website now. We have chosen Every Idea, a local marketing and website development firm to design and launch the website for Project Wildfire. They will be providing an in-kind match for the project. Deschutes County has agreed to host the Project Wildfire website and will re -direct the existing FireFree website to the County server with Project Wildfire's site. Timeline Our timeline begins October 1, 2005 with the design, construction and launching of the website. Once the website is up and running, we expect only quarterly maintenance and updates till the end of the project period in September 2006. The domain names will be secured for five years. Improving our community's economic health Project Wildfire contributes to the safety of our citizens and the economic viability of our community by helping to prevent the devastating threat of wildfire in Deschutes County. A recent calculation of economic value in Deschutes County estimates $17.6 billion at risk. If a wildfire rips through the communities of La Pine, Sunriver, and the greater Bend area, over 2/3 of that estimate could be affected. Our goal is to reach as many residents and visitors of Deschutes County as possible with the wildland fire prevention message that can save lives, property and businesses. A Project Wildfire website will allow us to update the public regularly with activities and educational information about how to protect itself against the very real threat of wildfire in Central Oregon. Communities that will benefit from project All of Deschutes County will benefit from the Project Wildfire website. It will include important information about providing for defensible space as well as other tips to protect property from wildland fires. It will link to the FireFree website where residents can obtain information about when and where FireFree events are happening in Central Oregon. It will also link to all fire agencies in Central Oregon for further information; a one-stop wildfire prevention shop. The website will benefit other high risk communities around the nation as well. As Project Wildfire continues and expands its involvement in local, state and national conferences and events that address the needs of wildfire prone areas, our website will be a link to information about our organization and its successes as well as an educational outlet. Expenses Economic Development Match/ Grant Tn-Kind Tn+.la Every Idea — Design, construct & launch website. $2,335 $500 $2,835 Every Idea — quarterly updates & maintenance to website for 1 yr. 1,250 500 1,750 Deschutes County — host sites $70/month X 12 months 840 840 Domain names — 5 years at $20/yr for projectwildfire.or & firefree.or 200 200 Totals $3,785 $15840 $5,625 Grant funds will be used as outlined above with matching in-kind contributions from Every Idea and Deschutes County. We will not need additional funding in the future for the domain names as they will be secure for five years. Deschutes County has agreed to host the website indefinitely. At the end of the grant period we will only need funding to support the quarterly updates to the sites. We have submitted grants to the Western States Fire Managers Grant Program for fire prevention funding. It is our expectation to use that funding for website updates and maintenance in the future. Thank you for the opportunity to continue our partnerships across Deschutes County to serve all the citizens here. A NN R PROJECT WILDFIRE PARTNERSHIPS IN NITIGATION September 8, 2005 Susan Ross Deschutes County Administration 1300 NW Wall Street, Suite 200 Bend, OR 97701 Dear Ms. Ross, Please accept our application for funding under the Deschutes County Economic Development Discretionary Grant Program. Our application is addressed directly to Commissioner Luke. I have attached the completed application and narrative about our project as well as the documentation of our organizational status. If you have any additional questions, please feel free to contact me at the number below. Thank you. Sincerely, Kate Lightha Program Coordinator Project Wildfire 541-322-6396 SEP - 8 2005 BOARD OF COMMISSIONERS ADMINISTRATION 63377 Jamison Street • Bend, Oregon 97701 • Phone (541) 322-6396 • Fax (541) 322-6319 4JN-24-2002 22:35 AMERITITLE 541 389 0506 P.01i01 0 r (,ej .�� is COVENANT REGARDING ENVIRONMENTAL Ll A S l 4 • 0 Date: 3,1 . If_, 2002. Parties: OREGON HEALTH & SCIENCE UNIVERSITY FOUNDATION ("OHSUF') an Oregon nonprofit corporation c/o Al Zimmerman Director of Planned Giving 1121 S.W. Salmon Street Portland, Oregon 97205-2021 And: Bend-LaPine School District (Grantee") Administrative School District No. 1, Deschutes County 520 NW Wall Street Bend, OR 97701-2699 RECITALS: a. OHSUF is presently the owner of certain real property located in Deschutes County, Oregon described in attached Exhibit A, which is incorporated herein by this reference (the "Property"). b. OHSUF has agreed to sell the Property to Grantee and Grantee has agreed to purchase the Property from OHSUF. In consideration of their sale of the Property, the parties intend to release OHSUF from any and all further liability for claims or liabilities relating to the environmental condition of the Property. After racvrding return to: Oregon Health S Science UnhwWty Foundation do AI Zimmerman 1121 S.W. Salmon Street #200 Portland, OR 97205-2021 Until a change Is requested, all tax statements shall be sent to. No Change (For Recorder's Use Only) Page 1 - COVENANT REGARDING ENVIRONMENTAL LIABILITIES TOTAL P.01 3UN-24-2002 22:49 AMERIIlTITLE 541 389 0506 P.01i06 �locvea'� �CoJ a�� r�v�eap«c�► . V5 15 Tne EEME 1. Definitions. For the purposes of this Covenant, the following terms are defined as follows: (a) "Hazardous Material' means any: (1) Hazardous substance, hazardous material, hazardous waste, toxic substance, solid waste, pollutant, or contaminant listed or regulated under the following statutes, or any regulations promulgated pursuant to such statutes: (i) the Comprehensive Environmental Response, Compensation and friability Act, as amended, by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. § 9601 et seq, ("CERCLA"); (ii) the Resource Conservation and Recovery Act 42 U.S.C. § 6901 et seq. ("RCRA" ); (iii) the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977 (TWX), 33 U.S.C. § 1251 et seq.; (iv) the Clean Air Act, 42 U.S.C. § 7401 et seq. ("CAA"); (v) pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, as amended, 7 U.S.C. § 136 et seq. ("FIFRA"); (vi) asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, as amended, 15 U.S.C. § 2601 et seq. ("TSCA"); (vii) source material, special nuclear material, by-product materials, and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, as amended, 42 • U.S.C. § 2011 at seq. ("AEA"), or the Nuclear Waste Policy Act of 1982, as amended, 42 U.S.C. § 10101 et seq. ("NWPA"); (viii) oil and petroleum products and natural gas, natural gas liquids, iiqu fled natural gas, and synthetic gas usable for fuel; and (ix) industrial process and pollution control wastes whether or not hazardous within the meaning set forth in RCRA; (2) Any substance established as hazardous waste, toxic substance or hazardous substance by Oregon statute or regulation including, but not limited to, ORS Chapters 453, 465, 466, 4688 and in any regulations promulgated pursuant to such statutes; and (3) Such other substances, materials and wastes which are or become regulated by reason of actual or threatened risk of toxicity causing injury, illness or property damage under any environmental law or other federal, state or local law, statute, ordinance, or regulation, or which are classified as hazardous or toxic under federal, state or local laws or regulations. (b) "Release" shall mean any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of Hazardous Materials into the environment, as environment is defined in CERCLA, or on or adjacent to the Property. 0 Page 2 - COVENANT REGARDING ENVIRONMENTAL LIABILITIES JUN -24-2002 22:49 ANERITITLE 541 389 0506 P.02i06 • (c) "Environmental LaW means: (1) the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; (2) the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the Water Quality Act of 1987; (3) FIFRA; (4) the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. § 136 et seq.; (5) the National Environmental Policy Act, 42 U.S.C. § 4321 et seq.; (6) the Noise Control Act, 42 U.S.C. § 4901 et seq.; (7) the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; (8) RCRA, as amended by the Hazardous and Solid Waste Amendments of 1984; (9) the Safe Drinking Water Act, 42 U.S.C. § 300f et seq.; (10) CERCLA, as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act, the Radon Gas and Indoor Air Quality Research Act; (11) TSCA; (12) AEA and NWPA, including regulations promulgated and orders issued thereunder, all as may be amended from time to time. Environmental laws shall also include all state, regional, county, municipal, and other laws, regulations, and ordinances insofar as they are equivalent or similar to the federal laws recited above, purport to regulate Hazardous Materials or impose requirements related to environmental protection. 2. Representation of Grantee, Grantee represents and warrants to OHSUF that Grantee has been provided a full opportunity to inspect the condition of the Property. Acknowledging the prior use or uses of the Property and Grantee's opportunity to inspect the Property, Grantee will take the Property "AS IS", with all faults and conditions thereon. 3. No Representations 91 Q8SUF. OHSUF has not made and will not make any representations or warranties, express or implied, with respect to (a) the environmental condition of the Property and any surrounding properties (including all facilities, improvements, and structures thereon, surface waters thereon or adjacent thereto, or soil and groundwater thereunder or in the vicinity of the Property), (b) OHSUF's operations conducted on the Property, if any, or (c) OHSUF's compliance with any federal, state, or local environmental or health and safety law or regulations. 4. Release of OHSUF. Grantee hereby releases and discharges OHSUF, its directors, officers, employees, agents, attorneys, and assigns from and against any and all suits, claims, demands, causes of action, damages, consequential damages, costs, and expenses of any kind, whether known or unknown, which Grantee had, has, or at any time may have based upon: (a) any common-law theory of recovery; (b) any Environmental Law or regulation, including any cost -recovery contribution claim, citizen suit, claim for reimbursement of costs or expenses incurred under CERCLA, MCRA or comparable state law; (c) any discharge, disposal, release, or escape of any Hazardous Material or any chemical, product, by-product, waste, hazardous waste, hazardous substance, or any material whatsoever, on, at, to, or from the Property (including all facilities, improvements, structures, and equipment thereon, surface water thereon or adjacent thereto, and soil or groundwater thereunder); and (d) any environmental conditions whatsoever on, under, or in the vicinity of the Property. . Page 3 - COVENANT REGARDING ENVIRONMENTAL LIABILITIES JUN -24-2002 22:49 AMERITITLE 541 399 0506 P.03i06 5, Indemnification. Grantee shall indemnify, hold harmless, and defend OHSUF, its directors, officers, employees, agents, attorneys, and assigns from and against any and all suits, claims, demands, causes of action, damages, consequential damages, losses, costs, and expenses of any kind (including, without limitation, fines and penalties), whether known or unknown, based upon: (a) any common-law theory of recovery; (b) any Environmental Law or regulation, including any cost -recovery contribution claim, citizen suit, claim for reimbursement of costs or expenses incurred under CERCLA, RCRA or comparable state law; (c) any discharge, disposal, release, or escape of any Hazardous Material or any chemical, product, by-product, waste, hazardous waste, hazardous substance, or any material whatsoever, on, at, to, or from the Property (including all facilities, improvements, structures, and equipment thereon, surface water thereon or adjacent thereto, and soil or groundwater thereunder); and (d) any environmental conditions whatsoever on, under, or in the vicinity of the Property. 6. Miscellaneous Provisions. (a) Binding effect. The provisions of this Covenant, including all burdens and benefits created, shall be forever binding upon and shall inure to the benefit of the respective heirs, personal representatives, successors and grantees and assigns of the parties. (b) Severability. If, in any judicial proceeding, a court shall refuse to enforce all of the provisions of this Covenant, an unenforceable provision shall be deemed eliminated from this Covenant for the purpose of such proceeding as shall be necessary to permit the remainder of Covenant to be enforced. (c) Survival of Obligations. This Covenant shall survive the recordation of the deed from OHSUF to Grantee, shall run with the land and be binding upon succeeding owners and possessors of the Property. In addition, the parties acknowledge and agree that this Covenant touches and concerns the land. (d) Governing Law. This Covenant shall be subject to, governed by and construed in accordance with the laws of the State of Oregon. Page 4 - COVENANT REGARDING ENVIRONMENTAL. LIABILITIES 0 0 • • JUN -24-2002 22:50 AMERITITLE 541 389 0506 P.04i06 OREGON HEALTH & SCIENCE UNIVERSITY FOUNDATION By: Name: A merman Title: Director of Planned Giving STATE OF OREGON )ss County of Multnomah ) This instrument was acknowledged before me on June 20 2002, by Al Zimmerman, as Director of Planned Giving of Oregon Health & Science University Foundation, r OFFICIAL SERI. IM& SALLY COULSEY l NOTARY PUBLIC -OREGON COMMISSION NO. 337099 MY CQMMI$SION EXPIRES AUa 3, 2004 STATE OF OREGON County of NOTA PUBLIC FOR OT5-40 ON My Commission Expires: 2. Bend-LaPine School District, Grantee Administrative School District No. 1 Deschutes County By: Title: )ss This instrument was acknowledged before me on September , 2001, by as of Bend-LaPine School District. NOTARY PUBLIC FOR OREGON My Commission Expires: Page 5 - COVENANT REGARDING ENVIRONMENTAL LIABILITIES 0 • n L.J JUN -24-2002 22:50 AMERITITLE 541 389 0506 P.05i06 OREGON HEALTH & SCIENCE UNIVERSITY FOUNDATION Name: A merman Title: Director of Planned Giving STATE OF OREGON ) } ss County of Multnomah ) This instrument was acknowledged before me on June 20 , 2002, by AI Zimmerman, as Director of Planned Giving of Oregon Health & Science University Foundation. OFFICIAL SEAL SALLY COULBOY NOTARY PUBLIC -OREGON ,. COMMISSION NO 099 MY COMMISSION EXPIRES AUQ 9, 2004 STATE OF OREGON County of NOTA PUBLIC FOR OUGON My Commission Expires: - 3'0 � Send-LaPine School District, Grantee Administrative School Dis riot No. 1 Deschutes County_ By: Title:l/_/_' _l=�..Af` This instrument was acknowledged before me on 414 , 200f, by G -W -.X, &w6t=z= , as da oc,&,gj- *L4 of Bend-LaPine School District. BARBARA TNMT NMARY P C',('ASON NOTARY PUBLIC FQK URMW COMMIS u" ' tsza My Commission Expires: .... - �AMI8SION E) "!civ 4,2= P Page 5 - COVENANT REGARDING ENVIRONMENTAL LIABILITIES OFFICIAL SEAL . BARBARA A HARiNETT NOTARY PUBLIC -OREGON COMMISSION NO. 351528 MY COMMISSION EXPIRES NM 4, 2005 JUN -24-2002 22:50 AMERITITLE 541 389 0506 P.06/06 EXHIBIT A Legal Description of the Property A parcel of real Prop" 56885 Enterprise Drive, Sunriver, Oregon and legally described as Lot Seven (7), Block three (3), Business Park III, Deschutes County, Oregon. • Page 6 - COVENANT REGARDING ENVIRONMENTAL LIABILITIES • TOTAL P.06 tt 1 451 .1313 NOTICE OF EXEMPTION' i T�E- June 13, 1997In To whom it may concern: We, Galen R. McConnell and Marietta J. McConnell, the owners of property located at Lot Seven (7), Block Three (3), CAGLL SUBDIUVISION, Plat No. Four (4), according to the official plat thereon on file and of record in the office of the County Clerk in and for said Deschutes County Oregon, physical address of 16974 Cagle Road, Lapine, Oregon do hereby notify interested parties including but not limited to the Deschutes County Building department and Planning division, of our intent to exercise the Oregon Revised Statute regarding building code exemptions that apply to owner -built outbuldings and adjacent auxilliary structures as follows: oil ORS455.32 to 55.350 Galen R. McConnell 1 . OFFICIAL SEAL P. VAN GORDON NOTARY PUBLIC - OREGON COMMISSION NOA028912 MY COMMISSION EXPIRES AUG. 30.19 0 Neu, 0,A&LE Rb, •, LAPNES 0 R rk�n C� nn�s S S (��e.rizccr L4 55.3Do Copq • 'SEP -22-2003 MON 02:26 PM COUNTY COUNSEL '.._SEP -22-03 MON 11.30 AM DESCHUTES CO CLERKS TO; Legal Counsel FROM: county clerk's 0111108 FAX NO. 5413830496 P. 01 FAX NO, 541 389 5830 P. 01 Counfy Clerk Warrml Use RE; Document Review Worksheet J Document Title; ,� • 1 ti )� �i�Gt �S SI`�'� DATE; A -z_ Please review the sttacMd document and advise If this Instrument is recordable. A. Is the document weordable? (� ^ NO If YES please complete the foll4Wing: Renard as: Dbed Bill of Soto Lien Klerk Licrr Hospital Lion Chatlal Lien Us Inshvmant Recognized Under Law (IRUL) —ORS 208,130(2x8) �9 t Instrument PreeeMed by a Polf ileal Subdivision (IPPS) ORS 205.190(2)(d) �Fsy~t Winimuen Ream `ens direct POA? �— �6 "'"" �—`lridireot PPercy? i b`L �. 4• 1 l 3, Lien Amount? 4. Referer4a to prior recording? t5, Consideration Statement? 6. Tax statement? T. Legal Doscrlptlon? If NO please explain why; Reu YES NO YES NO YES NO YES NO YES NO YES NO YES NO slouggko N' start YES NO YES NO YES NO YES NO LeW Counsel Dov"entworksh"t • TO: Legal Counsel FROM: County Clerk's Office County Clerk Internal RE: Document Review Worksheet _(. __ Document Title: AGI 1r, �S a ,"�"�ytsi—{j c SI Q (J DATE: Please review the attached document and advise if this instrument is recordable. A. Is the document recordable? YES NO If YES please complete the following: Record as: Deed Mortgage Bill of Sale Lien Clerk Lien Hospital Lien Chattel Lien US Instrument Recognized Under Law (IRUL) — ORS 205.130(2)(e) Instrument Presented by a Political Subdivision (IPPS) — ORS 205.130(2)(d) C114 �P_ Minimum Requirements Required Signature Notary ! 1. Direct Party? YES NO YES NO YES NO 5 Indirect Party? YES NO YES NO YES NO 3. Lien Amount? YES NO �\ 4. Reference to prior recording? YES NO 5. Consideration Statement? YES NO 6. Tax Statement? YES NO �J 7. Legal Description? YES NO B. If NO please explain why: Legal Counsel Document Worksheet - Recording requested by: LSI ;ent When recorded return to: Custom Recording Solutions 2550 N. Redhill Ave. Santa Ana, CA. 92705 800-756-3524 ext. 5011 (� WHEN RECORDED MAIL TO WELLS FARGO HOME MORTGAGE, INC. �,• 3601 MINNESOTA DR. SUITE 200 BLOOMINGTON, MN 55435 1 TAX ACCOUNT NUMBER 168997 0 [Space Above This Line For Recording Data] DEED OF TRUST DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is datedAUGUST 31, 2003 together with all Riders to this document. (B) 'Borrower" is RICHARD N AMBROSE, A MARRIED PERSON Borrower is the trustor under this Security Instrument. (C) "Lender" is WELLS FARGO HOME MORTGAGE, INC. Lender is a CORPORATION organized and existing under the laws of THE STATE OF CALIFORNIA 0032923427 OREGON -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ®6(OR) (0104) Page 1 of 15 Initials: VMP MORTGAGE FORMS - (800)621-7291 Form 3038 1/01 a You are responsible for the cost of any insurance purchased by us. The cost of this insurance may be added to your contract or loan balance. If the cost is added to your contract or loan balance, the interest rate on the underlying contract or loan will apply to this added amount. The effective date of coverage may be the date your prior coverage lapsed or the date you failed to provide proof of coverage. The coverage we purchase may be considerably more expensive than insurance you can obtain on your own and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by Applicable Law. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) RICHARD N AMBROSE -Borrower (Seal) -Borrower . (Seal) (Seal) -Borrower -Borrower . (M-s(OR) (0104) 0 — (Seal) -Borrower — (Seal) -Borrower — (Seal) -Borrower I` OLze L �rA64-41yat (Seal) Brenda Lee Ambrose -Borrower Page 14 0 15 NON -VESTED SPOUSE REQUIRED TO SIGN Form 3038 1/01 is STATE OF OREGON, County ss: OMS Jfc- On this k�A • It . ZM -75 day of A u 9 u 5; Z oo3 , personally appeared the above named RICHARD N A14BROSE Brenda Lee Ambrose and acknowledged the foregoing instrument to be leFker/their voluntary act and deed. My Commission Expires: � - t � - D (o (Official Seal) MARCEA E. HECK COMM413611nil fN N Notary Public -Cal femis (A W ORANGE COUNTY My Comm. Exp, Juni 16, 2016 ayd�?�DiPif ie€R1p4`��"'� Initials: 4 U ��6(OR) (0104) Page 15 of 15 Form 3038 1/01 vl/ y" �TC�SM( 1.0OFFICIAL �OA CL 1151 After Recordation Return to: KeyBank National Association P.O. Box 16430 Boise, ID 83715 (503) 323-6767 1001e60564 �� a , � 4a� 12/10/001 "T Cetut $tlni MIM VA.00 $11.00 $10.00 $e.00 ovP%V LINE OF CREDIT INSTRUMENT HOME EQUITY LINE DEED OF TFFA M. CURLEY JR (JOHN M. CURLEY JR k K. CURLEY NW FEDERAL Sr 1352 NW FEDERAL SP M. OR W"81 REND. OR 977013020 C, In conalklis WMIT712115mmodation hereinafter specified and any future advances or future Obligations, as defined herein, which may hereafter be advanced or Incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby Irrevocably baiurggains, sella, dansfers, grants, conveys and assigns to Trustee, his successors and assigns, In trust, for Reyl3a k Nat•innai AasO.Cir'ltion 4910Tiedeman Road Suite B Brookl Ohio 44144 (Lender"), the beneficiary un or tfi)s 0Fed of rusT f, wnfi powarr sal and right or entry and possession all or Grantor's present and future estate, right, title and Interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference with a Tax Account Number of 171231 DD 01700 , together with all present and future Improvements and fixtures; all tangible personal property including, without ilmitation, all machinery, equipment, building materials, and goods of every nature (excluding household goods) now or hereafter located on or used n connection with the real property, whether or not affixed to the land; all privileges, hereditaments, and appurtenances; all leases, licenses and other agreements; all rents, issues and profits; all water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property"); to have and to hold the Property and the rights hereby granted for the use and benefit of Trustee, his successors and assigns, until payment In full of all Obligations secured hereby. Moreover, In further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly warrant, covenant, and agree with Lender and Trustee and their successors and assigns as follows: 1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obligations and covenants of Borrower or Grantor (cumulatively "Obligations*) to Lender pursuant to: (at this Deed of Trust and the following cromissory notes and other agreements: VARIABLE 1 $107,000.00 11/30/01 ( 11/30/31 101299161304OC1372001576395 (b) future advances, whether obligatory or optional, to the same extent as it made contemporaneously with the execution of this Deed of Trust, made or extended to or on behalf of Grantor or Borrower. Grantor agrees that If one of the Obligations Is a line of credit, the lien of this Deed of Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of the line) no balance may be outstanding. At no time shall the lien of this Deed of Trust, not Including amounts advanced to protect the Security of this Deed of Trust, exceed $-107,000-00 ; and (c) all repeated amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing. As used in this Paragraph 1, the terms Grantor and Borrower shall Include and also mean any Grantor or Borrower if more than one. 2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that: (a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security Interests, encumbrances and claims except for this Deed of Trust and those described In Schedule B which is attached to this Deed of Trust and Incorporated herein by reference, which Grantor agrees to pay and perform in a timely manner; (b) Grantor Is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, those relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federal government not the Oregon Department of Environmental Quality nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any governmental, judicial or administrative actions with respect to environmental maters pending, or to the best of the Grantor's knowledge, threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any other parry has used, generated, released, discharged, stored, or disposed of any Hazardous Materials as defined herein, In connection with the Property or transported any Hazardous Materiels to or from the Property. Grantor shall not commit or permit such actions to be taken In the future. The term Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited to: fi) petroleum; (li) friable or nontriable asbestos; (III) poyohlorinated biphenyls; (iv) those substances, materials or wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Uability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or ordinance now • or hereafter In effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result In contamination of the Property with Hazardous Materials or toxic substances; (c) All applicable laws and regulations Including, without limitation, the Americans with Disabilities Act, 42 U.S.C. 12101 at seq. (and all regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or local authority with jurisdiction over the Property, presently are and shall be observed and complied with In all material respects, and all rights, licenses, permits, and certificates of occupancy (Including but not limited to zoning variances, special exceptions for nonconforming uses, and final Inspection approvals), whether temporary or permanent, which are material to the use and occupancy of the Property, presently are and shall be obtained, preserved and, where necessary, renewed: LPOP618 ® FormJWon Technologies, Inc. (11/2/68) ISM 031-3198 Pea• h Of s- r 30. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and Inure to the benefit of Grantor and Lander and their respehvl� successors, assigns, trustees, receivers, administrators, personal representatives, legatees and devisees. 31. NOTICES. Except as otherwise required by law, any notice or other communication to be provided under this Dead of Trust &hall be In writing and sent to the parties at the addresses described In this Deed of Trust or such other address as the parties may designate In writing from time to time. Any such notice so given and sent by first class mail, postage prepaid, shall be deemed given the earlier of three (3) days after such notice Is sent when received by the person to whom such notice is being given. 32. SEVERABILITY. Whenever possible, each provision of this Deed of Trust shall be Interpreted so as to be effective and valid under applicable state law. H any provision of this Deed of Trust violates the law or Is unenforceable, the rest of this Deed of Trust shall continue to be valid and enforceable. 33. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the Property Is located. Unless applicable law provides otherwise, Grantor consents to the Jurisdiction and venue of any court selected by Lender, In Its sole discretion, located In that state. 34, NO THIRD -PARTY RIGHTS. No person is or shall be a third -party beneficiary of any provision of this Deed of Trust. All provisions of this Deed of Trust In favor of lender are Intended solely for the benefit of Lender, and no third party shall be entitled to assume or expect that Lender will walve or consent to the modification of any provision of this Deed of Trust, in Lender's sole discretion. 35. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower, Grantor, or any guarantor of the Obligations, or any other person (except a person expressly released in writing) for the payment and performance of the Obligations, and without affecting the rights of Lender with respect to any Property not expressly released in writing, and without Impairing In any way the priority of this Deed of Trust over the Interest of any person acquired or first evidenced by recording subsequent to the recording of this Deed of Trust, Lender may, either before or after the maturity of the Obligations, and without notice or consent: release any person liable for payment or performance of all or any part of the Obligations; make any agreement altering the terms of payment or performance of all or arty part of the Obligations; exercise or refrain from exercising or waive any right or remedy that Lender may have under this Deed of Trust; accept additional security of any kind for any of the Obligations; or release or otherwise deal with any real or personal property securing the Obligations. Any person acquiring or recording evidence of any interest of any nature in the Property shall be deemed, by acquiring such Interest or recording any evidence thereof, to have consented to all or any such actions by Lender. 36. DEFEASANCE. Upon the payment and performance in full of all of the Obligations, Lender will execute and deliver to Grantor those documents that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation. 37. MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives presentment, demand for payment, notice of dishonor and protest except as required by law. All references to Grantor in this Deed of Trust &hall include all persons signing below. If there is more than one Grantor, their Obligations shell be Joint and several. This Deed of Trust represents the complete Integrated understanding between Grantor and Lender pertaining to the terms and conditions hereof. 3111. JURY TRIAL WAIVER. LENDER AND GRANTOR HEREBY WAIVE ANY RIGHT TO TROLL BY JURY IN ANY CML ACTION ARISING OUT OF, OR BASED UPON, THIS DEED OF TRUST. 39. ADDITIONAL TERMS: Grantor acknowledges that Grantor has read, understands, and agrees to the terms and conditions of this Deed of Trust, and acknowledges, receipt of an exact copy of acme. Dated thls=lli day of November 2001 GRANTOR: JOHN M. CURLEY JR GRANTOR: 9FIN M. CORLEY JR RANTOR: GRANTOR: GRANTOR: U10MI O 0 F—Alk., Twh-ftln, me. 1111/2/" PM 167-3790 GRANTOR: GRANTOR: P."4de APR -24-2002 04:37 AMERITITLE 541 389 0506 P.01/01 a• W` Lean Number: 0025282435 • 8. Condon nation; Eminant Domain. In the event any portion of the Property is taken or damaged In an eminent domain proceeding, the entire amount of the award, or such portion as may be necessary to fully satisfy the obligation secured by this Deed of Trust, shall be paid to Beneficiary to be applied to the obligation. 9. Fess and Coate. Grantor shall pay Beneficiary's and Trustee's reasonable cost of searching records, other reasonable expenses as allowed by law, and reasonable attorney's fees, in any lawsuit or other proceeding to foreclose this Deed of Trust; in any lawsuit or proceeding which Beneficiary or Trustee prosecutes or defends to protect the lien of this Dead of Trust; and, in any other action taken by Beneficiary to collect the Debt, including without limitation any disposition of the Property under the State Uniform Commercial Code; and, any action taken in bankruptcy proceedings as well as any appellate proceedings. 10. Reconveyance. Trustee shall reconvey the Property to the person entitled thereto, on written request of Beneficiary, or following satisfaction of the obligations secured hereby, and Beneficiary and Trustee shall be entitled to charge Grantor a reconveyance fee together with fees for the recordation of the reconveyanca documents unless prohibited by law. 11. Trustee; Sucosssor Trustee. Beneficiary may, at Its option, unless prohibited by law, appoint a successor Trustee from time to time In the manner provided by law. The successor trustee shall be vested with all powers of the original trustee. The Trustee is not obligated to notify any party hereto of a pending sale under any other deed of trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 12. Miscellaneous. This Deed of Trust shall benefit and obligate the heirs, devisees, legatees, administrators, executors, successors, and assigns of the parties hereto. The term "Beneficiary" shall mean the holder and owner of the now secured by this Deed of Trust, whether or not that parson Is named as Beneficiary herein. The words used in this Deed of Trust referring to one person shall be read to refer to more than one person if two or more have signed this Deed of Trust or become responsible for doing the things this Deed of Trust requires. This Dead of Trust shall be governed by and construed in accordance with federal law and, to the extent federal law does not • apply, the laws of the State. If any provision of this Deed of Trust is determined to be invalid under law, the remaining provisions of this Deed of Trust shall nonetheless remain in full force and effect. 13. Beneficiary and Similar Statements. Beneficiary may collect a fee in the maximum amount allowed by law, for furnishing any beneficiary statement, payoff demand statement or similar statement. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF ACCEPTABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. By signing below, Grantor accepts and.agrees to the provisions of this Deed of Trust and of any rider(s) executed by rentor concurred therewith. DATED at 22 day of G TOR(S); PAN OFFICIAL SEAL JENMRR KOTANIEMI•REIKK NOTARY PUBLIC -OREGON COMMISSION NO. 3,'9E725 ION �)c►I avr 2a 9999 n 2MAnV1 A2 • hips o19 J0� TOTAL P.01 �/l� APR -24-2002 04:38 AMERITITLE 541 389 0506 P.01i02 ' lV (ars ►�� Loan Number: 0025282435 • eminent Domain. In the event any portion of the Property is taken or 8. Condemnation: damaged in an eminent domain proceeding, the entire amount of the award, or such portion as may be necessary to fully satisfy the obligation secured by this Deed of Trust, shall be paid to Beneficiary to be applied to the obligation. 9. pose and Costs. Grantor shall pay Beneficiary's and Trustee's reasonable cost of searching asonable attorney's fees, in any records, other reasonable expenses as allowed by law, and re lawsuit or other proceeding to foreclose this Deed of Trust; In any lawsuit or proceeding which Beneficiary or 'trustee prosecutes or defends to protect the lien of this Deed of Trust; and, in any of other action taken BeneficiaryaUnformect the Commercial, including nd,ltanytactionlon takenyinlsposition bankruptcy the Property underrSte the State proceedings as well as any appellate proceedings. 10. Reconveyance. Trustee shall reconvey the Property to the person entified thereto, on written request of Beneficiary, or following satisfaction of the obligations secured hereby, and Beneficiary and Trustee shall be entitled to charge Grantor a reconveyance fee together with fees for the recordation of the reconveyance documents unless prohibited by law. 11. Trustee: Successor Trustee. Beneficiary may, at its option, unless prohibited by law, appoint a successor Trustee from time to time in the manner provided by law. The successor trustee shall be vested with all powers of the original trustee. The 'trustee is not obligated to notify any party hereto of a pending sale under any other deed of trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 12. Miscenmeous. This Deed of Trust shall benefit and obligate the heirs, devisees, legatees, administrators, executors, successors, and assigns of the parties hereto. The term "Beneficiary" shall mean the holder and owner of the note secured by this Deed of Trust, whether or not that person is named as Beneficiary herein. The words used in this Deed of Trust referring to one • person shall be read to refer to more than one person if two or more have signed this Deed of Trust or become responsible for doing the things this Deed of Trust requires. This Deed of Trust shall be governed by and construed in accordance with federal law and, to the extent federal law does not apply, the laws of the State. If any provision of this Deed of Trust is determined to be invalid under law, the remaining provisions of this Deed of Trust shall nonetheless remain in full force and effect. 13. Benefiaary and S'IMIW Statements. Beneficiary may collect a fee in the maximum amount allowed by law, for furnishing any beneficiary statement, payoff demand statement or similar statement. THIS INSTRUMENT WILL. NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF ACCEPTABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENTAPPROPRIATE PPROTT THE PERSON ITY OOR COUNTY PLANNING ACQUIRING FEE TITLE To THE D DEPARTMENTTY TO SHOULD VERIFY CHECK WITH THE AP APPROVED USES. By signing below, Grantor accepts and agrees to the provisions of this Deed of Trust and of any rider(s) executed by Grantor concurred therewith. AOL DATED at AA �Z day of G TOR(S): i OpFlC1ALSli J13 ENNIFER KOTANIEMI-RE81CK N AN COMMISSION PUBNQ 338725 NIY OMMISsiom EXPIRES SEPT. 24 2004 • Peps 4 of 5 3309112/313/93)V'-92 APR -24-2002 04:39 AMERITITLE 541 389 0506 P.02i02 . - • • 0 STATE OF 1 COUNTY OF Loan Number: 0025282436 I-'-, �4dft, �0 This instrument was acknowledged before me on �{Z 4 by and AWtary PuSlic for: JOTA My Commission expires REQUEST FOR FULL RECONVEYANCE Do not record. To be used only when Grantor's Indebtedness has been repaid and Credit Agreement cancelled. TO: TRUSTEE The undersigned is Beneficiary of the within Deed of Trust, and the legal owner and holder of the Home Equity Line of Credit Agreement secured thereby. Said Deed of Trust is hereby surrendered ecconvey,uwithouutwarantyy,, to the you requested, qu ntitled thereto the right, all anowing nt er st now held by you thereunder. DATED 3999 n W0MSW 22 By Its Pao• 6 of s TOTAL P.02 0 • S DMARYSUE NSPENHOLLOW, COUNTYCOUNTY OFFICIAL CLERKM46215 After recording, return to: HIM II11111$61-00inte ratedLo111111111$2 IIIIII�II n an sernces llil 0 a 52370 27 Inwood Road Rocky Hill, CT 06067 M -DT Cntsl Slnsll JEFF 11/25/M 03:40:53 PM $35.00 $11.00 $10,00 $5.00 The tax account number for the Property is (in the event of any conflict between the land covered by said tax account and the description of the 4M." it Property in this Deed of Trust, this Deed of Trust shall control). LINE OF CREDIT TRUST DEED (OREGON) We and you, as these terms are defined below, have agreed that we may make advances and readvances secured by this Deed of Trust from time to time at your request, pursuant to this Deed of Trust and the Home Equity Line of Credit Agreement dated the same date as this Deed of Trust (the "Credit Agreement"). The maximum principal amount to be advanced and outstanding at any one time under the Credit Agreement is $ 35,000.00 . The Credit Agreement is for a term of 20 years. The maturity date of the Credit Agreement when all sums will be immediately due and payable is AUGUST 27, 2022 THIS DEED OF TRUST is made on this 22ND day of The grantor is RANDY R POSVAR The trustee is FIDELITY NATIONAL TITLE INSURANCE CO. AUGUST , 2002 The beneficiary is FIRST TENNESSEE BANK NATIONAL ASSOCIATION whose address is 300 COURT AVENUE, MEMPHIS, TN 38103 In this Deed of Trust, the terms "you", "your" and "yours" refer to the grantor(s). The terms "we", "us" and "our' refer to FIRST TENNESSEE BANK NATIONAL ASSOCIATION and its successors and assigns. Pursuant to the Credit Agreement, you may incur indebtedness in amounts fluctuating from time to time up to the maximum aggregate principal amount of THIRTY-FIVE THOUSAND AND 00/100ths Dollars (U.S. $ 35,000.00 ). The Credit Agreement provides for the full debt to be paid by you in full no later than AUGUST 27, 2022 You agree that this Deed of Trust shall continue to secure all sums now or hereafter advanced under the terms of the Credit Agreement including, without limitation, such sums that are advanced to you whether or not at the time the sums are advanced there is any principal sum outstanding under the Credit Agreement. This Deed of Trust secures to us: (a) the repayment of the debt evidenced by the Credit Agreement, with interest, and all refinancings, renewals, extensions and modifications of the Credit Agreement; (b) the payment of all other sums, with interest, advanced under paragraph 7 of this Deed of Trust to protect the security of this Deed of Trust; and (c) the performance of your covenants and agreements under this Deed of Trust and the Credit Agreement. For this purpose and in consideration of the debt, you irrevocably grant and convey to the Trustee, in trust, with power of sale, the property located in the state of Oregon. To wit: SEE ATTACHED EXHIBIT "A" FHEL OR Rev. 2/01 Page 1 of 5 • Which property has the address of: 20331 SILVER SAGE STREET BEND, OREGON 97702 "Property Address". TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Deed of Trust. All of the foregoing is referred to in this Deed of Trust as the "Property." YOU COVENANT that you are lawfully seised of the estate hereby conveyed and have the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. You warrant and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. You further represent and warrant to its that the property is not used principally for agricultural or farming purposes. YOU AND WE covenant and agree as follows: 1. Payment of Principal, Interest and Other Charges. You shall pay when due the principal and interest owing under the Credit Agreement and all other charges due under the Credit Agreement. 2. Payments of Taxes and Insurance. You will pay, when due, all taxes, assessments, leasehold payments or ground rents (if any), and hazard insurance on the Property and mortgage insurance (if any). 3. Application of Payments. Unless applicable law provides otherwise, all payments received by us under the Credit Agreement and paragraph 1 may be applied by us first to interest and other charges payable under the Credit Agreement and then to the remaining principal balance under the Credit Agreement. 4. Prior Deeds of Trust; Charges; Liens. You shall perform all of your obligations under any mortgage, deed of trust or other security instruments with a lien which has priority over this Deed of Trust, including your covenants to make payments when due. You shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Deed of Trust or any advance under this Deed of Trust, and leasehold payments or ground rents, if any. Upon our request, you shall promptly furnish to us all notices of amounts to be paid under this paragraph and receipts evidencing any such payments you make directly. You shall promptly discharge any lien (other than alien disclosed to us in your application or in any title report we obtained) which has priority over this Deed of Trust or any advance to be made under the Credit Agreement or this Deed of Trust. 5. Hazard Insurance. You shall keep the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for v; hich we .,quire insurance. This insurance shall be maintained in the amounts and for the periods that we require. You may choose the insurer. Insurance policies and renewals shall be acceptable to us and shall include a standard mortgagee clause. If we require, you shall promptly give us all receipts of paid premiums and renewal notices. You shall promptly notify the insurer and us of any loss. We may make proof of loss if you do not promptly do so. Insurance proceeds shall be applied to restore or repair the Property damaged, if we determine that restoration or repair is economically feasible and our security would not be lessened. Otherwise, insurance proceeds shall be applied to sums secured by this Deed of Trust, whether or not then due, with any excess paid to you. If you abandon the Property, or do not answer within 30 days our notice to you that the insurer has offered to settle a claim, then we may collect and use the proceeds to repair or restore the Property or to pay sums secured by this Deed of Trust, whether or not then due. The 30 -day period will begin when notice is given. Any application of proceeds to principal shall not require us to extend or postpone the due date of monthly payments. If we acquire the Property at a forced sale following your default, your right to any insurance proceeds resulting from damage to the Property prior to the acquisition shall pass to us to the extent of the sums secured by this Deed of Trust immediately prior to the acquisition. FHEL OR Rev. 2/01 Page 2 of 5 • 6. Preservation and Maintenance of Property; Leaseholds. You shall not destroy, damage or substantially change the Property, allow the Property to deteriorate, or commit waste. If this Deed of Trust is on a leasehold, you shall comply with the lease. If you acquire fee title to the Property, the leasehold and fee title shall not merge unless we agree to the merger in writing. Protection of Our Rights in the Property; Mortgage Insurance. If you fail to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect our rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce the laws or regulations), then we may do, and pay for, anything necessary to protect the Property's value and our rights in the Property. Our actions may include paying any sums secured by a lien which has priority over this Deed of Trust or any advance under the Credit Agreement or this Deed of Tnrst, appearing in court, paying reasonable attorney's fees, paying any sums which you are required to pay under this Deed of Trust and entering on the Property to make repairs. We do not have to take any action we are permitted to take under this paragraph. Any amounts we pay under this paragraph shall become additional debts you owe us and shall be secured by this Deed of Trust. These amounts shall bear interest from the disbursement date at the rate established under the Credit Agreement and shall be payable, with interest, upon our request. If we required mortgage insurance as a condition of making the loan secured by this Deed of Trust, you shall pay the premiums for such insurance until such time as the requirement for the insurance terminates. 8. Inspection. We may inspect the Property at any reasonable time and upon reasonable notice. 9. Condemnation. The proceeds of any award for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned to us and shall be paid to us. 10. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or modification of amortization of the sums secured by this Deed of Trust granted by us to any of your successors in interest shall not operate to release your liability or the liability of your successors in interest. We shall not be required to commence proceedings against any successor in interest, refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by you or your successors in interest. Our forbearance in exercising any right or remedy shall not waive or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and agreements of this Deed of Trust shall bind and benefit your successors and permitted assigns. Your covenants and agreements shall be joint and several. Anyone who co-signs this Deed of Trust but does not execute the Credit Agreement: (a) is co-signing this Deed of Trust only to mortgage, grant and convey such person's interest in the Property; (b) is not personally obligated to pay the Credit Agreement, but is obligated to pay all other sums secured by this Deed of Trust; and (c) agrees that we and anyone else who signs this Deed of Trust may agree to extend, modify, forbear or make any accommodations regarding the terms of this Deed of Trust or the Credit Agreement without such person's consent. 12. Loan Charges. If the loan secured by this Deed of Trust is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from you which exceed permitted limits will be refunded to you. We may choose to make this refund by reducing the principal owed under the Credit Agreement or by making a direct payment to you. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Credit Agreement. 13. Notices. Unless otherwise required by law, any notice to you provided for in this Deed of Trust shall be delivered or mailed by first class mail to the Property Address or any other address you designate by written notice to us. 14. Governing Law; Severability. This Deed of Trust shall be governed by federal law and, except as preempted by federal law, by the law of jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of Trust or the Credit Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Credit Agreement which can be given effect without the conflicting provision. To this end the provisions of this Deed of Trust and the Credit Agreement are declared to be severable. 15. Transfer of the Property. If all or any part of the Property or any interest in itis sold or transferred without our prior written consent, which may be withheld or granted as we may determine in our sole unfettered FBEL OR Rev. 2101 Page 3 of 5 discretion, we may, at our option, require immediate payment in full of all sums secured by this Deed of Trust. • However, this option shall not be exercised by us if exercise is prohibited by federal law as of the date of this Deed of Trust. 16. Sale of Agreement; Change of Loan Servicer. The Credit Agreement or a partial interest in the Credit Agreement (together with this Deed of Trust) may be sold one or more times without prior notice to you. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Credit Agreement and this Deed of Trust. There also may be one or more changes of the Loan Servicer unrelated to the sale of the Credit Agreement. If there is a change of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any information required by applicable law. 17. Hazardous Substances. You shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. You shall promptly give us written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which you have actual knowledge. If you learn or are notified by any government or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, you shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Deed of Trust, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Deed of Trust, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. • is. Acceleration; Remedies. You will be in default if (1) any payment required by the Credit Agreement is not made when it is due; (2) we discover that you have committed fraud or made a material misrepresentation; or (3) you take any action or fail to take any action that adversely affects our security for the Credit Agreement or any right we have in the Property; or (4) any event occurs that permits us to accelerate the amounts due under the Credit Agreement. If a default occurs, we will give you notice specifying among other matters required by law: (a) the default; (b) the action required to cure the default; (c) a date not less than 30 days from the date the notice is given to you, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform you of any right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense you have to acceleration and sale. If the default is not cured on or before the date specified in the notice, we at our option may require immediate payment in full of all sums secured by this Deed of Trust without further demand and may invoke the Power of Sale and any other remedies permitted by applicable law. We shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees at trial and in any appeal and cost of title evidence. The power of sale conferred by this Deed of Trust and by applicable law is not an exclusive remedy; we may cause this Deed of Trust to be foreclosed as a mortgage. If we invoke the power of sale, we shall mail or cause the Trustee to mail a notice of sale to you in the manner prescribed by applicable law. The Trustee shall give a notice of sale by public advertisement for the time and in the manner prescribed by applicable law. The Trustee, without demand on you, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order the Trustee determines. The Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of the previously scheduled sale. We or our designee may purchase the Property at any sale. The Trustee shall deliver to the purchaser the Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. The Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable attorneys' fees and the Trustee's compensation as determined in accordance with applicable law; (b) to all sums secured by this Deed of Trust; (c) any excess FHEL OR Rev. 2/01 Page 4 of 5 • E is to all persons having recorded liens subsequent to the interest of the Trustee as their interest may appear in the order of their priority; and (d) the surplus, if any, to you or any successor in interest to you who is entitled to such surplus. 19. Release. Upon your request and payment of all sums secured by this Deed of Trust, we shall request the Trustee to reconvey your estate in the Property to you upon payment to the Trustee of such compensation as the Trustee may be entitled under applicable law. We will also mark the Credit Agreement "paid" and return the Credit Agreement to you. You shall pay any recordation costs. 20. Substitute Trustee. We, at our option, may from time to time remove the Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the city or county in which this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee in this Deed of Trust and by applicable law. 21. Riders to this Deed of Trust. If one or more riders are executed by you and recorded together with this Deed of Trust, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider(s) were part of this Deed of Trust. Adjustable Rate Rider Graduated Payment Rider Condominium Rider 1-4 Family Rider Planned Unit Development Rider Other(s) (specify) BY SIGNING BELOW, you accept and agree to the terms and covenants contained in this Deed of Trust and any rider(s) executed by you and recorded with it. Print Name: RANDY R POSVAR Print Name: Print Name: STATE OF OREGON o u-� COUNTY OF /(% '1 ) ss: The foregoing instrument was acknowledged before me this o day of Cay ' ' Z � 0,or K� by Ra ")eyL/ R . l S ✓'Qr •/ I OffICIAL SEAL NOii�flY PUBiIC OI?E -0 COMMISSION N0.3' J 178 9MY COMMSiON pd'IRES NOS,. t 3, 2002 FHEL OR Rev. 2/01 Notary public for My commission expires: f! /` lick Page 5 of 5 RIDER TO DEED OF TRUST Loan No. 1472868 Date: AUGUST 22, 2002 The escrow of taxes and insurance required in paragraph 2 of your DEED OF TRUST to First Tennessee Bank National Association, is hereby waived and you are notified that you are not required to deposit with First Tennessee Bank National Association, any of the amounts set forth in said paragraph. This waiver does not, in any way, release you from your obligation to make escrow payments of taxes and insurance to the holder of any prior mortgage, nor does it relieve you of your obligation to keep taxes and insurance premiums current with respect to the mortgaged property. All payments will be applied first to the accrued interest and next to the unpaid prinicpal of your loan. The exact amount of your final payment, finance charge, and total of payments will be somewhat more or less than the amounts shown if we do not receive each payment on the scheduled payment date. RECEIPT ACKNOWLEDGED: ')-L.' lb 2 - RANDY RANDY OSVAR DATA DATE DATE DATE 0 FHEL RIDER 1102 i • SCHEDULE "A" THE FOLLOWING DESCRIBED REAL PROPERTY FREE OF ENCUMBRANCES, EXCEPT AS SPECIFICALLY SET FORTH HEREIN SITUATED IN DESCHUTES COUNTY, OREGON, TO WIT: LOT 5, BLOCK 2, CHUCKANUT ESTATES PHASE I, DESCHUTES COUNTY, OREGON. TITLE HELD BY: RANDY R. POSVAR PARCEL: R181217AA03100 1, yy DOC ID 000040235044102 l/RELEASE: Upon payment of all sums secured by this Trust Deed and provided your obligation to make further advances under v the Note has terminated, the Trustee shall discharge this Trust Deed without charge to us, except that we shall pay any fees for recording of a reconveyance of this Trust Deed. SEVERABILITY: If any provision in this Trust Deed is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. GENERAL: You (or the Trustee) can waive or delay enforcing any of your rights under this Trust Deed without losing them. Any waiver by you of any provisions of this Trust Deed will not be a waiver of that or any other provision on any other occasion. SUBSTITUTE TRUSTEE: Beneficiary may, from time to time, appoint a successor trustee by an instrument executed and acknowledged by Beneficiary and recorded in the county in which this Trust Deed is recorded, and upon such recordation the successor trustee shall become vested with the same powers, rights, duties and authority of the Trustee with the same effect as if originally made Trustee hereunder. MERGER: There shall be no merger of the interest or estate created by this Trust Deed with any other estate or interest in the premises at any time held by you or for your benefit without your written consent. THIS TRUST DEED has been signed by each of us under seal on the date first above written. A4rx (SEAL) Ahanwr HAW HOCKEIT Af • STATE OF On this � �e (SEAL) Grantor: %4fNd1e Ljj-'n Hill NON VESTED Spouse required to sign (SEAL) Grantor. (SEAL) Gnetor: County as. day of -) N"AA df UU A, , personally appeared the above named f 1371' . ) -- ana acanowlcugeu the foregoing instrument to be A At voluntary act and deed. Before me: ,k7/(n/ is �Y.Ks rruJ My Commission Expires: /j, (Official Seal) ``Public for Oregon mw, ac • p.s. U� (IL4l i U) L1 2CA7wOn W01) Faa I 6 MI- 10 JlINAOO tic :0I HV 7- �IWVI Z0 00 • 1�- 3 i a � � 5 to _ 0 After recording, return to: U.S. Bank National Association 111 S.W. Fifth Avenue, Suite 700 Portland, Oregon 97204 Attention: Jesse Gayomali MARY SUESPENHOLLOW,TY FICIAL 000NTYRCL CLERK 2002.21723 1111LI$56.00 1 3 04/19/2002 03;18;59 PM M-MMOD Cntol Stnn4 MARSHA •30.00 $11.00 $10.00 $5.00 MODIFICATION OF TRUST DEED (REAL ESTATE LOAN MODIFICATION AGREEMENT) (Converting Construction Loan to Term Loan and Amending Note and Deed of Trust) tely- S t e 6 wall Vim` THIS REAL ESTATE LOAN MODIFICATION AGREEMENT (this "Agreement"), dated as of April 5, 2002, by and between BEND INN PROPERTIES, LLC, OF OREGON, an Oregon limited liability company ("Borrower"), JOHN GLENN CORPORATION, an Oregon corporation ("Co -Grantor"), the undersigned Guarantors, and U.S. BANK NATIONAL ASSOCIATION, a national banking association ("Lender"). WITNESSETH: A. Borrower issued to Lender a Construction and Term Loan Promissory Note dated June 21, 2001, in the principal amount of $2,000,000 (the "Note"), pursuant to a Construction and Term Loan Agreement between Borrower and Lender dated June 21, 2001 (the . "Loan Agreement"). B. Repayment of the Note is secured by a deed of trust executed by Borrower and Co -Grantor as grantors in favor of Lender as beneficiary, dated June 13, 2001, recorded June 18, 2001, in Volume 2001 at Page 28929, records of Deschutes County, Oregon (the "Deed of Trust"), covering the real property described on attached Exhibit A. C. Repayment of the Note is guaranteed pursuant to the terms of a guaranty dated June 21, 2001, executed by VIP's Industries, Inc., VIP's Motor Inns, Inc., Michael Ilg, Kara Ilg, Andrew Ilg, and Gloria Ilg ("Guarantors"). E. Borrower has requested that Lender convert the loan evidenced by the Construction Note from a construction loan to a term loan. F. Lender is willing to agree to such conversion subject to the terms set forth herein. NOW, THEREFORE, in consideration of the promises herein contained, and each intending to be legally bound hereby, the parties agree as follows: Section 1. Representations and Warranties. To induce Lender to enter into this Agreement, Borrower, Co -Grantor, and Guarantors hereby agree, represent, and warrant unto Lender as follows: . After recording, rietum i ArrwMtle - 1 - 15 OREGON AVENUE, BEN'n�,,, _ 1292370.1 • (a) Subject to any limitations stated therein, all balance sheets, earnings statements and other financial data of Borrower and Guarantors which have been furnished to Lender to induce it to enter into this Agreement or otherwise in connection herewith, fairly represent the financial condition of Borrower and Guarantors as of the dates and for the periods for which same are furnished, and all other information, reports and papers and data furnished to Lender are accurate and correct in all material respects and complete insofar as completeness may be necessary to give Lender a true and accurate knowledge of the subject matter; (b) The representations and warranties made in the Note, Deed of Trust, Loan Agreement, Guaranty, and any related document (collectively, the "Loan Documents") continue to be true and correct in all material respects as if made on the date of this Agreement; and (c) Borrower has elected to extend the maturity of the Note by six years and has selected a two-year treasury rate. All conditions to conversion of the construction loan to a term loan set forth in Section 5 of the Note have been satisfied. Section 2. Promissory. The Note is hereby amended to provide that effective April 5, 2002, through April 5, 2004, the outstanding principal balance shall bear interest at 6.72 percent. On April 5, 2004, the interest rate and amortization payments shall be adjusted in accordance with Sections 6 and 7 of the Note. The final maturity date of the Note when all accrued but unpaid interest and all outstanding principal shall be due and payable is April 5, 2008. Section 3. Amendment to Deed of Trust. The first sentence of the paragraph numbered 1 on page 3 of the Deed of Trust is amended and restated to read as follows: Ill. Payment of indebtedness in the total principal amount of Two Million Dollars ($2,000,000) with interest thereon, evidenced by that certain Construction and Term Loan Promissory Note dated June 21, 2001, as amended, with a maturity date of April 5, 2008, payable by Grantor to Beneficiary and any and all modifications, extensions, and renewals thereof (the 'Note')." Section 4. Aueements Enforceable. Borrower and Guarantors hereby acknowledge and agree that except as amended previously or herein, each Loan Document is and shall remain valid and enforceable in accordance with its terms. Borrower and Guarantors agree that each Borrower and Guarantor has no defenses, setoffs, counterclaims, or claims for recoupment against the indebtedness and obligations represented by the Note, Deed of Trust, or any other Loan Document. Each of the Guarantors hereby agree that the Guaranty executed by such Guarantors dated June 21, 2001, guarantees all indebtedness now or hereafter owing by Borrower to Lender under the Note and other Loan Documents. -2- 1292370.1 �1 Section 5. General. 5.1 Attorney Fees. In any action to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to recover from the other party such sums as the court may determine reasonable as attorney fees, including such fees in any appellate proceeding, proceeding under the bankruptcy code, or receivership, in addition to all other sums provided by law. 5.2 BindingEffect. ffect. This Agreement shall inure to the benefit of, and shall be binding upon, the respective successors and permitted assigns of the parties hereto. 5.3 Counterparts. This Agreement may be executed in any number of the counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 5.4 Statute of Frauds. UNDER OREGON LAW MOST AGREEMENTS, PROMISES, AND COMMITMENTS MADE BY A LENDER AFTER OCTOBER 3, 1989, CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE NOT FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, OR SECURED SOLELY BY BORROWER'S RESIDENCE, MUST BE IN WRITING, EXPRESS CONSIDERATION, AND BE SIGNED BY THE LENDER TO BE ENFORCEABLE. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. JWDYAL LAE NOTARY PUBLIC -OREGON COMMISSION NO.351132 MY COMMIU10N EXPIRES OCT 22, 2005 "y Public for Oregon My c mmission expires: STATE OF OREGON ) " )SS COUNTY OF Qin-coo.µ ) 11,10) 7:T•li %�1 � BEND INN PROPERTIES, L.L.C., OF OREGON By: V "tpr Inn In g ng Member By: Title: Steven V. Johnson, President CO -GRANTOR: JOHN GLENN CORPORATION The foregoininstrument was acknowledged before me this 7ft"day of ,AR P.tL , 2002, by !� as ��.,� i,�-�- of John Glenn Corporation, an Oregon corporation, on behalf of said corporation. 391E 1292370.1 . LENDER: U.S. BA N ONAL S O IATION By: Title: G GUARANTORS: VIP'S MOTOR INNS, INC. By: L Lc'. Steven V. Johnson, President VIP'S INDUSTRIES, INC. By: Its: Q $ E-9- k is 40 Michael Ilg • Kara Andrew lg Gloria Ilg 61 - 4 - 1292370.1 • STATE OF OREGON ) SS COUNTY OF HIAMONMt ) • I] The foregoing instrument was acknowledged before me this 5"L day of AMLI , 2002, by Steven V. Johnson, as President of VIP's Motor Inns, Inc., an Oregon corporation, in its capacity as managing member of Bend Inn Properties, L.L.C., of Oregon, an Oregon limited liability company, on behalf of said company. OFFICIAL SEAL JESSE GAYOMALI t'; NOTARY PUBLIC -OREGON '�;vr� COMMISSION NO. 318544 4Y COMMISSION EXPIRES DEC. 1, 2002 STATE OF OREGON ) ) SS COUNTY OF ) Not Public for Or gon My commission expires: 12/1 to z The foregoing inst�ient was ac wledged before me this day of , 2002, by as of John Glenn Corporation, an Oregon corporation, o of said corporation. Notary PuBlirijor Oregon My commission expires: STATE OF OREGON ) ) SS COUNTY OF MULL " ) The foregoing instrument was acknowledged before me this -1 day of AfTJL , 2002, by KU11 Qty as M flK2WjE of U.S. Bank National Association, a national banking association, on behalf of said association. Ax,�* OFFICIAL SEAL N ar Public for O JESSE GAYOMALI y gon NOTARY PUBLIC -OREGON commission expires: 1211102— COMMISSION NO, 318544 MY COVMISSION EXPIRES DEC, 1, 2002 -5- 1292370.1 , EXHIBIT A Legal Description A parcel of land located in the Southeast Quarter (SE1/4) of Section Thirty-two (32), Township Seventeen (17) South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon, more particularly described as Parcel 2, of Minor Land Partition MP -97-77 and filed June 5, 1998, in the office of the County Clerk, as Plat Partition 1998-24. • 1292370.1 is 05/18/01 15:00 0503 378 4844 STATE LANDS DIVISION OF STATE LANDS IM 001/012 Twp FAX TRANSiIUSSION COVER SHEET 775 Summer St. -NE, Suite. 100 ' Salem, OR 97301-1279 Phone: (5D3)378-3805, extension a (e Fax: (503) 378-4844 � TO: � FROM: Gre GJ� llaow Agency: e -c° rj er Title: Section: Fax Comments: c 5�� oT drec n cP4o a r s�—�I-� Ts `ice e re • r n w , s �i mss" f'� GO J • �� to r r-T—n� .1 p s � 4 vii. w e_ -5" Aix o C o� � o�-�en c � l p - b, %�E, rt�e�e T���3 �� k�•��'1",r��s%'� {.e -✓"rte �aes�� q.�,,,.� d '�/g o Time Sent: :S Number of pages (including cover): _f&j Date Sent•, _ 0 H:\Directorlfocma charts\Faz cover sheet doc 05/18/01 15:00 12503 378 4844 STATE LANDS NT F l p1 � Q , 0 Cd e S a H 3 yes IN REPLY REFER TO! OR 52150 2621 (OR -958.1) August 13, 1997 United States Department of the Interior BUREAU OF LAND MANAGEMENT Oregon State Office P.O. Box 2965 Portland, Oregon 97208 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. David Blum State of Oregon Division of State Lands 775 Summer Street Salem, Oregon 97310 Dear Mr. Blum: I am pleased to send you Clearlist No. 91 which conveys to the State of Oregon a total of 640 acres of land which the State had selected as school land indemnity selections under 43 U.S.C. 851 and 852. IM 002/012 I appreciate the cooperation that we have had with you and your staff in working on these clearlists and look forward to working with you to complete the remaining indemnity selections due to the State of Oregon. Sincerely, ( LCL+✓ i "L.ij Elaine Y. Zielinski State Director Enclosure (as stated) • 0 is 05/18/01 15:01 &503 378 4844 STATE LANDS IM 003/012 IN REPLY REFER TO: OR 52150 2621 (OR -958.1) United States Department of the Interior BUREAU OF LAND MANAGEMENT Oregon State Ofiicc P.O. Boa 2965 Pordand, Orcgon 97208 State of Oregon Indemnity Selection August 13, 1997 It is hereby certified that the land described in this List No. 91 is embraced in the original list on file in this Bureau, of land selected by the State of Oregon, pursuant to the laws of the State, as indemnity for losses in the section and township named, which school land indemnity selections are subscribed by the Act of Congress cited. It is further certified that the description of land reported lost or deficient in this list and those selected in lieu thereof have been examined and compared with the township plats and tract books in the Oregon State Office; that the indemnity land claimed has been found to be properly due the townships for which they were selected, and the selected land is shown to be subject to such selection, being surveyed public land within the meaning of 43 U.S.C. 851 and 852 and within the limits of the State and free from adverse claims of record. Reports have been received indicating that the selected land is not valuable for minerals either metalliferous or non - metalliferous. The selected land is not affected by any withdrawal adverse to this selection. Therefore, this list embracing 640.00 acres is hereby approved subject to valid rights existing at the date of selection; but excepting and reserving to the United States rights-of-way over and across the land for ditches and canals constructed by the authority of the United States, as directed and required by the Act of Congress, approved August 30, 1890 (26 Stat. 391, 43 U.S.C. 945). This list will also be subject to: 1. Those rights for canal purposes granted to Deschutes Irrigation & Power, its successors and assigns, by right-of-way number TD -01763, pursuant to the Act of March 3, 1891 (26 Stat. 1101), as to the NW%4NW'/4, sec. 11, T. 18 S., R. 12 E., W.M., Oregon; 2. Those rights for gas pipeline purposes granted to Pacific Gas Transmission Company, its successors and assigns, by right-of-way number ORE -010556, pursuant to the Act of February 2, 1920 (41 Stat. 437) as to the N''/aNE%a, SW%4NE'/4, WV2SE'/4, SE%4SW%4 sec. 11, T. 18 S., R. 12 E., W.M., Oregon; 05/18/01 15:01 V503 378 4844 STATE LANDS IA 004/012 • 2 3. Those rights for gas pipeline purposes granted to Pacific Gas Transmission Company, its successors and assigns, by right-of-way number OR -13824, pursuant to the Act of February 2, 1920 (41 Stat. 437), as to the W%ZNE'/4, EY2SW'/4, NW'/4SE'/4, sec. 11, T. 18 S., R. 12 E., W.M., Oregon; 4. Those rights for electrical distribution line purposes granted to Central Electric Cooperative, its successors and assigns, by right-of-way number OR -17153, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761) as to the E%E%2, sec. 11, T. 18 S., R. 12 E., W.M., Oregon; 5. Those rights for electric power transmission line purposes granted to Central Electric Cooperative, its successors and assigns, by right-of-way number OR -18220, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761) as to the NW'/4NW'/4NE'/4, sec. 11, T. 18 S., R. 12 E., W.M., Oregon; 6. Those rights for access road purposes granted to Kevin Peterman, his successors and assigns, by right-of-way number OR 18227, pursuant to the Act of October 21, 1976 (43 U.S.C.. 1761), as to the NW'/4NW'/4, sec. 11, T. 18 S., R. 12 E., W.M., Oregon; 7. Those rights for buried telephone cable purposes granted to US West Communications, its successors and assigns, by right-of-way number OR -35826, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), as to the W%2W'/2W%:, sec. 11, T. 18 S., R. 12 E., W.M., Oregon; 8. Those rights for water pipeline purposes granted to Avion Water Company, Inc., its successors and assigns, by right-of-way number OR -44618, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), as to the N'/2N'/2N'/2 and W'/2W%ZW%z, sec. 11, T. 18 S., R. 12 E., W.M., Oregon; 9. Those rights for television cable line purposes granted to Bend Cable Communications, its successors and assigns, by right-of-way number OR -51174, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761) as to the N%2N'/2, SE%4NE'/4 and EY2SE'/4, sec. 11, T. 18 S., R. 12 E., W.M., Oregon; 10. Those rights for road purposes granted to Deschutes County, its successors and assigns, by right-of-way number OR -51362, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), as to the N'/2N%2NE%4, NY2NE'/4NE%4NW'/4, NW'/4NW'/4 and S%2S'/2S'/2, sec. 11, T. 18 S., R.12 E., W.M., Oregon; 11. Those rights for sewer line purposes granted to Deschutes County Public Works, its successors and assigns, by right-of-way number OR -53249, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), as to the SW'/4SW'/4SW'/4, sec. 11, T. 18 S., R. 12 E., W.M., Oregon; 05/18/01 15:02 '0503 378 4844 STATE LANDS Q005/012 As a condition of this list and by acceptance into their ownership, the State of Oregon does covenant and agree to the following: Cave resources, as generally depicted on Exhibit A, attached hereto, shall be secured and conserved in a manner consistent with a management plan designed to maintain, to the extent practical, the significant biological, geologic, recreational and educational resource values present. Exhibit A depicts the cave management Zone. The cave management zone includes lands not more than 350 feet from a cave passage and shall be the maximum area subject to the cave management plan. The State of Oregon or its successor in interest shall be subject to the conditions described in the management plan. Should land with cave resources pass to a successor in ownership to the State of Oregon, the State of Oregon shall monitor the cave resources. Should the area subject to the management plan revert to inactive cave use, the management plan will be suspended. ISM] � I _ Elaine Y. Zielinski State Director 1 Attachment 1- Exhibit A (5 pg) 41 05/18/01 15:02 $503 378 4844 STATE LANDS Form 2620-2 UNITED STATES (August 1984) DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT SCHOOL INDEMNITY LANDS APPROVAL LIST (TO BE USED WITH FORM 2620-2a) Approved List Number 91 Or Q 006/012 EXHIBITING the tracts selected by the above State and District Office, in lieu of, or as indemnity for, the corresponding school lands, or losses to its grant for the support of common schools, assigned as bases for the selections, which were made under the provisions of the Act of Congress approved CAUSE OF LOSS DESCRIPTION OF BASES SECTION TOWNSHIP RANGE MERIDIAN AREA (tri acres) TRACTS BASES (TOTAL) National Forest All 36 11S 7E 33 640.00 *U.B. GOVERNMENT PRINTING OFFICE: 1868 — 481.441/64071 05/18/01 15:02 0503 378 4844 STATE LANDS Form 2620-2a UNITED STATES (August 1984) DEPARTMENT OF THE INTERIOR • BUREAU OF LAND MANAGEMENT SCHOOL INDEMNITY LANDS APPROVAL LIST (CONTINUATION SHEET TO BE USED WITH FORM 2620-2) Approved List Number 91 state Oregon Serial Number OR -52150 IM 007/012 EXHIBrnNG the tracts selected by the above State and District Office, in lieu of, or as indemnity for, the corresponding school lands, or losses to its grant for the support of common schools, assigned as bases for the selections, which were made under the provisions of the Act of Congress approved FILING DATE SERIAL NUMBER DESCRIPTION OF TRACTS S, LECTED SECTION TOWNSHIP RANGE MERIDIAN AREA (ttf acres) TRACTS SELECTED 7-12-95 I OR -52150 A11 11 18S 12E 33 640.00 05/18/01 15:02 0503 378 4844 STATE LANDS IM 008/012 ¢� R oad �Qe_ a Butler �� 3500_ pilot 600 Butte � 20 0 Crm x M 'O 3700 a ' � Stevens F Cave r Jr r� ;F�rm on , Garbage ave M Lewis Farm }' Cave it Young' Barlow Cave Bend SAirport School 1 Wilson Cave I M { Horse Cave J % 3700 J t r 0 0 c � m � m Declination 1962 HORSE LAVA TUBE SYSTEM DESCHUTES COUNTY, OREGON I* Collapsed lava tube or tumuli -' Entrance to uncollapsed lava tube Fault scarp, U = upthrown side D = downthrown side km I0 1 2 I Mile 0 1/2 1 Contour interval 100 feet Base maps: U.S.G.S. quadrangles Bend 7-1/2' and Bend Airport 7-1/2',Oregon. Section 11 Caves in Relation to the Horse System 10 SOURCE: Lava Tubes in the Bend Area EXHIBIT A (Pg 1 of 5) • • 05/18/01 15:03 0503 378 4844 STATE LANDS Q009/012 Collapsed sectior of lava tube, utiliz as garbage pit 1' Entrance - 3740 m C 0 d u' 3680 L Plai GARBAGE CAVE NO. 1 (HORSE LAVA TUBE SYSTEM) DESCHUTES COUNTY, OREGON 3W 1/4, SW 1/2. Sec. 11, T18S. R 12E .h passage C c a 0 Blocked by w 3690 1 South passage" collapse 3690 w GARBAGE CAVE NO. 2 (HORSE LAVA TUBE SYSTEM) DESCHUTES COUNTY, OREGON SW 114, SW 114, Sec. 11, T18S, R 12E 1 Glaze on ceiling East CollapsedWest segment I1/1I ....alll�:n►i►:ia:��� funlllll;/l1 l Uj --: �I�IIIJII/JJJ IIIIIiI -.:NIIIHI JlllJl .0 •0 Meters 0 25 Feet 0 50 100 150 No vertical exaggeration 3740- Blocked 740a Blocked by sand and collapse 13680 w SOURCE: Lava Tubes in the Bend Area EXHIBIT A (Pg 2 of 5) • 05/18/01 15:03 x$'503 378 4844 STATE LANDS Steven's Road Cave; Bend, OR Legend Brunton and tape survey January 1995 Fire Circle Stephen Wells and Sherry Williams Lap rack Q Length 115 k Small rocks 00 Cartography Stephen Wells North North (Gco) (Mag) 18.5 east declination o is so Feet: �L IM 010/012 VI'll T /il_ 7 _L C', • 05/18/01 15:03 e503 378 4844 STATE LANDS Three Vulture Cave, Bend, OR Legend $runlon and tape survey January 1995 Depressions Stephen Wells and Sherry Williams Length 6011. Cartography Stephen Wells North North (Geo) (Mag) 18.5 east declination 0 is 30 post • Derroa81w1 deptat AL99in4 by potbanters and other aava •LsLtora. • Q 011/012 EXHIBIT A (Pg 4 of 5) 0 • • 05/18/01 15:03 0503 378 4844 STATE LANDS Williams' Cave, Bend, OR Brunton and tape survey January 1995 Stephen Wells and Sherry Williams Length 123 R Cartography Stephen wells North North (Geo) (Mag) 18.5 east 0 is 30 Foot Legend Large rocks Q Small rocks C)C) Dome ■ EI IM 012/012 _ 0154--1766 96-2114;; LEGAL.COU EL • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTf, gfREGON CD An Ordinance Amending Section 2.08.010 * ? Cn Deschutes County Code relating to * < v hours for Receiving and Recording Documents and Declaring an Emergency.CO ORDINANCE NO. 96-029 C-) co THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Amendment. Section 2.08.010 of Deschutes County Code is amended to read as set forth in Exhibit A, attached hereto and by this reference incorporated herein, with new language in bold type and deletions noted in brackets. Section 2. Codification. County Legal Counsel shall have the authority to format the provisions contained herein in 'a manner that will integrate them into the County Code consistent with the Deschutes County Form and Style Manual for Board Documents. Such codification shall include the authority to make such changes, to make changes in numbering systems and to make such numbering changes consistent with interrelated code sections. In addition, as part of codification of these ordinances, County Legal Counsel may insert, appropriate legislative history reference. Any legislative history references • included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. Section 3. Emergency. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its passage. DATED this _15 day of May, 1996. / $4ARD OF OU - Y COMV� SSI , Chair AT T: BARRY/,IV./`SLAUGHTER,,/Commissioner _4l ll- e Recording Secretary ROB RT L. NIPPER, C issioner • PAGE 1 - ORDINANCE NO. 96-029 (5/15/96) KEYPUNCt,Er MCPO "E JUN 11 1996 JUN 27 1996 0154-1767 • EXHiB1T A 2.08.010. Hours for receiving and recording documents. The hours of receiving and recording documents in the county clerk's office shall be from &00 [eight -thirty] am. until 4:00 [four] p.m. on each judicial day. (Ord. 96-029 § 1, 1996; Ord. 81-034 § 1, 1981) [96-029] • rr �1 L( 13 -v t — LIEN ON REAL ESTATE 90-11371 20-7 1:3 8 2 • I/we agree that this instrument constitutes a lien in the amount of S %O.aoO. ' on the property described in this lien. The rights of the United States Government shall take precedence over any subsequent lien or encumbrance until the lien is formally released by a duly authorized representative of the United States. I/we hereby grant the United States the power of sale of subject property, including the right to satisfy its reasonable administrative costs, including legal fees associated with any sale of subject property, in r.he event of contractor default if I/we otherwise fail to satisfy the underlying [] bid guarantee, C>C] performance bond, [ ] or payment bond obligations as an individual surety on solicitation/contract number The lien is upon the real estate now owned by me/us described as follows: The North 600 feet of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) and the North 420 feet of the Southwest Quarter of the Southeast Quarter (SWI/4 SEI/4) of Section Thirteen (13), Township Sixteen (16) South, Range Eleven (11), East of the Willamette Meridian, Deschutes County, Oregon. 1N WJTNESS DAY HEREOF, I/we have hereunto 19 q/) affixed my/o r hand(s) and seal(s) this OF ...w,.„. • WITNESS: LILA ' PF , T (SEAL) NOTA t - 147 Cor: mlcMon Expires (SEAL) I , ( o-- �` T 1 a Notary Public in and for the c T� (CITY), Q Ire g Dr7• (STATE), do hereby certify chatL e ,,) ; s S -t- I+ a party or parties to a certain -agreement bearing the date a2 7 day of19 and Hereunto annexed, personally appeared before me, the said being personally well known to me as the person(s) who executed said lien, and acknowledged the same to be his/her/their act and deed. GIVEN under my hand and seal this �_ day of _.2. M FIVE - IS RMAM 19 STATE a3 United States Forest Deschutes 1645 Highway 20 East Department of Service National Bend, OR 97701 * Agriculture Forest • Reply to: 6320 Date: i+1�R, 1990 Subject: Bonding of Government Contracts To: Users of Individual Sureties The Federal Acquisition Regulations have been revised to modify existing coverage regarding the use of individual sureties. The Federal Register, dated November 28, 1989, states that the use of the new rules will go into effect February 26, 1990. The new regulations state that to make an Individual Surety acceptable, the following shall apply: One individual surety is adequate support for a bond (however, up to three are acceptable) to equal or exceed the penal amount of bond. Personal Propertv - The Government will accept only cash, readily marketable assets, or irrevocable letters of credit from a Federally insured financial institution from individual sureties to satisfy the • underlying bond obligations. Properties must be placed in an escrow account with a Federally insured financial institution in the name of the contracting agency. Such escrow account must provide the Contracting Officer the sole and unrestricted right to draw upon all or any part of the assets deposited. Real property - Real property pledged as security must be accompanied by evidence of title showing any encumbrances against the title. The surety must provide a recorded lien against the property in favor of the Government and a copy of the current real estate tax assessment or a current appraisal not more than six months old. ACCEPTABLE ASSETS INCLUDE: Cash, or certificates of deposit, or other cash equivalents. U.S. Government securities at market value. (An escrow account is not required if an individual surety offers Government securities held in book entry form at a depository institution.) Stocks and bonds actively traded on a national U.S. security exchange with certificates issued in the name of the individual surety. These assets will be accepted at 90 percent of their 52-week low, as reflected at the time of submission of the bond. • Irrevocable letters of credit issued by a Federally insured financial institution. 3 Caring for the Land and Serving People FSb1.00-28M4881 CPte,' Users of Individual Sureties 2 •CQ Real property owned by the surety without any form of concurrent ownership, except as provided below under Unacceptable Assets. These assets will be accepted at 100 percent of the most current tax assessment value (exclusive of encumbrances) or 75 percent of the properties unencumbered market value provided by a current appraisal (no earlier than 6 months prior to the date of bond.) LJ UNACCEPTABLE ASSETS INCLUDE BUT ARE NOT LIMITED TO: Real property which is a principal residence of the surety. Real property owned concurrently regardless of the form of co -tenancy except where all co -tenants agree to act jointly. Personal property other than that listed under Acceptable Assets above (e.g. jewelry, furs, antiques.) This list does not include all the changes; therefore, before submitting an Individual Surety, you may be well advised to discuss the new regulations with the Contracting Officer before bidding. WAYNE L. HOLLAND Contracting Officer SCaring for the Land and Serving People LIJ:N' ON REAL, ESTATE i/we agree that this instrument constitutes a lien in the amount of • S on the property described in this lien. The rights of the United States Government shall take precedence over any subsequent lien or encumbrance until the lien is formally released by a duly authorized representative of the United States. !/we hereby grant the United States the power of sale of subject property, including: the right to satisfy its reasonable administrative costs, including legal fees associated with any sale of subject property, in the event of contractor default if I/we otherwise fail to satisfv the underlying [ _ bid guarantee. [ l performance bond, [ ] or payment bond obligations as an individual surety on solicitation contract number The lien is upon the real estate now owned by me/us described as follows: ilnse rt legal descriptio:_. street address., and other identifying; description.) IN WITNESS HEREOF, I/we nave hereunto affixed myiour hand(s) and seals), this DAY OF I 1q WITNESS.: U (SEAL) (SEAL) i lI a Notary Public in and for the (CITY). (STATE), do hereby certify Chet a party or parties to a certain A„reement bearing the datedei; of 1p_ and hereunto annexed, personally appeared before m;:, the said being personally well kmok:: to me as the person(s) who executed said lien, and acknowledged the same to be his/her/their act and deed. GIVEN under my hard and seal this day of , 19 My Commission expires: 0 NOTARY PUBLIC, STATE 0 DEC -08-1999 10:14 AMERITITLE 3 P.01iO3 1 FINANCING STATEMENT ��,& Ct This instrument is prepared as, and intended to be, a Financing Statement complying wi h the formal requisites therefore as set forth in the Uniform Commercial Code as adopted in Oregon. The name and mailing address of the debtor ("Debtor") is : Darold A. Gerrish and Charlene GerrW as tenants by the entirety ADDRESS: Lot 69 Twin Rivers Bend, OR 97707 2. The name and address of the secured parry ("Secured Party") is: BANK UNITED ADDRESS: 3200 SOUTHWEST FREEWAY, SUM 1041 HOUSTON, TX 77027 • 3. This Financing Statement covers the following types of collateral (the "Collateral"): All non-exempt fixtures, furnishings, materials, supplies, equipment, goods, machinery, general intangibles, inventory and all other non-exempt personal property of any kind whatsoever now or hereafter located in, upon or intended to be used in connection with any part of the property the ("Property") described as follows: SEE EIBM3IT "A" ATTACHED HERETO AND INCORPORATED HER N FOR ALL PURPOSES In which said property Debtor (or Debtor's heirs, representatives, successors or assigns) now has, or at any time hereafter acquires an interest, on or about the Property and/or utilized in connection with the operation of the Property, or are acquired or delivered to the Property for use or incorporation in the construction of any improvements on the Property, including any and all (a) doors, partitions, window screens and shades, drapes, rugs and other floor coverings, household appliances, bathroom and kitchen fixtures, cabinetry, landscaping, motors, boilers, furnaces, pipes, plumbing, sprinkler systems, security, access control, and fire prevention and extinguishing apparatus and systems, maintenance equipment, water tanks, hot water heaters, heating, ventilating, incinerating, air conditioning and air cooling equipment and systems, gas and electric machinery, including but not limited DEC -08-1999 10:14 AMERITITLE I 3 P.02/03 to the types of Collateral (if not described above) as is described in and covered by Deed of Trust of even date herewith from Debtor for benefit of Secured Parry; (b) building and construction materials and equipment, plans, specifications and drawings for any improvements located or to be located on the Property; (c) contracts and subcontracts of any kind relating to the Property; (d) rentals, deposits (including tenant's security deposit) and other sums of money as may become due Debtor as landlord under any and all leases, written or verbal; (e) funds, accounts, contract rights, instruments, documents, general intangibles (including trademarks, trade names and symbols used in connection with the Property or any improvements thereon) and notes or chattel paper arising from or by virtue of any transactions related to the Property; (f) permits, licenses, franchises, certifications and other rights and privileges obtained in connection with the Property; (g) proceeds arising from or by virtue of any sale, lease or other disposition of any real or personal property described herein, including any condemnation or insurance proceeds arising out of or with respect to the Property and/or any improvements thereon, but coverage of proceeds does not authorize sale or other disposition of the Collateral; (h) deposits for taxes, insurance or otherwise made under any deed of trust or other instrument securing payment of the indebtedness of Debtor to Secured Party; (i) any replacements, additions, or betterments and all products and proceeds of the Collateral, but coverage of proceeds does not authorize We or other disposition of the Collateral. Date: December 3, 1999 D OR: Harold A. Gerrish RETURN ORIGINAL TO: BANK UN17M 3200 sOUMWEsr FREEWAY, surra iou HOUSTON, TX nW ONE TIME CLOSE DEPARTMENT n LJ CIMene Gerrish DEC-08-1999 10:14 AMERITITLE 3 P.03iO3 EXHIBIT A LOT SIXTY-NINE (69), INS DESCHUTES COUNTY, OREGON. CROSSWATER PHASE 3 • TOTAL P.03 i� P.01 �K �c TRANSACTION REPORT �c DEC -08-99 WED 1114 AM RECEIVE DATE START SENDER RX TIME PAGES TYPE NOTE M# DP DEC -08 1113 AM 3 55" 3 RECEIVE OK 0 11 VOL: 1999 PAGE: 29770 r RECORDED DOCUMENT • • 0 0 STATE OF OREGON g i_ COUNTY OF DESCHUTES j%./4. 4 f 1999-29770 * Vol -Page Printed: 06/16/1999 13:30:21 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: NUMBER OF PAGES: Jun. 16, 1999; 1:29 p.m. 7346 Agreement $40.00 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK Axl �qlV.l • AGREEMENT This AGREEMENT dated this ,tstday of June, 1999, by and between DARREL G. SLOCUM, hereafter referred to as "owner", and PIERATT BROTHERS, INC. an Oregon Corporation, hereafter referred to as "Pieratt". WHEREAS, Pieratt is the owner of surface mining site No. 381 as the same is identified in the Deschutes County Comprehensive Plan, and WHEREAS, the owner is the owner of property described as 60089 Minnetonka Lane in Deschutes River Woods subdivision identified as Lot 60 in Block KKK, Tax Acct. No. 18 1125 CO 11700. WHEREAS, the above described mining site is adjacent to the owner's property, NOW, THEREFORE, in consideration of the owner's agreement to enter into a restrictive covenant and waiver of remonstrance as part of the site plan he will file with the Deschutes County Planning Department, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Pieratt hereby agrees to allow owner to construct a dwelling less than 250 feet from property which is currently zoned Surface Mining and identified as surface mining site No. 381. 2. The owner agrees to comply with all other setbacks required under the underlying RR -10 rural residential zone. PIERATT BROTHERS, INC. resident arrel G. locum, Owner • STATE OF OREGON, County of Deschutes, ss: The foregoing instrument was acknowledged before me this day of June, 1999, by TOM PIERATT, as President of PIERATT BROTHERS, INC. 'OFFICIAL SEAL p MARIAN E COURTNEY 1�,s� n,yv Cmcyi • eNOTARY PUBLIC -OREGON Notary Public for Oregon Q ` IA�COMMIS I V RES O. 149ZW My Commission Expires l l 00 D Dirk --co" ,- -, 5'(6, cam, �J 0 • .. C i VOL. 1999 PAGE. 31028���d RECORDED DOCUMENT &}t- *TIMI and STATE OF OREGON COUNTY OF DESCHUTES *1999-31028 * Vol -Page Printed: 06/23/1999 15:50:30 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) • I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Jun. 23, 1999; 3:46 p.m. 7666 Mortgage/Trust Deed Addendum $20.00 NUMBER OF PAGES: 2 L V � a , 0,.,/. /� MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK 0 . FOLIALMr. RECORDATION, _PLEASE RE'.XR; ] TO - Bank of the Cascades s 1151 NW Bond. Bend, Oregon 97701 • ADDENDUM TO THE NOTE AND DEED BETWEEN AND (Your institution's name) DATED: JU14E 2, 1998 Note: This Addendum to be recorded with the Promissory Note and Deed IMAL ATTACfED Original Trust Deed filed- 6/4/98 Book 496. Page 1619. Deschutes County Oregon - re -recorded 6/5/93 Book 496, Page 2555 Deschutes County Oregon. This home was partially financed with proceeds from a grant from the Federal Home Loan Bank of Seattle in the amount of S 3, 000.00. In order to retain this housing as affordable housing, the following restrictions on the resale of this property are in place: If the property described in the Promissory Note and Deed of Trust is sold during the first FIVE YEARS of ownership, the Federal Home Loan Bank funds advanced for this home must be repaid to Bank of the Cascades (your institution's name) by the original borrower according to, the following schedule: P1loT4MPe.To5W@TW.r#WT"1 Mo This requirement is void if the property is sold for a loss. After the fifth year of ownership, no funds need be repaid. The FHLB of Seattle funds are fully subordinated to the first loan. If property described in the Promissory Note and Deed of Trust is sold to a borrower whose income meets the restrictions of the original program, no funds (meaning the FHLB grant) should be repaid. OTHER RESTRICTIONS: Anyone assuming this Promissory Note and Deed of Trust must receive PRIOR written approval of BANK OF THE CASCADES (your institution's name) or agent AND must meet current income guidelines as established by the Department of Housing and Urban Development (HUD). I (we) understand and agree to the conditions placed on the above -referenced Promissory Note and deed of Trust: K4 Signature IRNA q1CONAWAY - . • v v D rn =1 D go STATE OF OPMON OffICIALBEAL CARRIE ANN SAPRONETTI rt � m c COtJNI'Y OF DESCHU`I'ES NOTIWSSIO N0.3 968 COIJAtIS510N N0.313988 YYCOW ISSIONEYPIRESJUN26 2002 rn ` On this day of May, � ]999, personally ppe r e above named Lona J, Conaway and ; a Z acknowledged e�o ing trument to be her voluntary act and deed, Before me: My conmission expires: rine 4. 26V, T Notary Public ------------------------------- 11 -- ----- - ' �'. •����� � fig_ 31 a � 8 - � 496 - 256. *ESCRIPTION SHEET CONAM%Y 431 SW Blakely Court, Bend, Oregon 97701 A parcel of land located in the North Half of the Southeast Quarter of the Southwest Quarter (N1/2 SE1/4 SW1/4) of Section Five (5), Township 18 South, Range: 12, East of the Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at the South 1/4 corner of Section 5, T. 18 S., R. 12, EWM, Deschutes County, Oregon; thence North 00058131" West, 665.91 feet along the North-South midsection line of said Section 5; thence North 89°59152" West, 396.67 feet along the South line of the N1/2 SEI/4 SW1/4 of said Section 5, the true point of beginning of this description, said point being the SW corner of Lot 1.2 of RIDGE VIEW PARK; thence continuing North 89°59152" West, 70.00 feet; thence North 06024146" West, 168.55 feet to the Southerly right of way of Blakl.ey Court; thence South 89059152" East, 85.00 feet along said right of way to the NW corner of said Lot 12; thence South 1018,29" East, 167.54 feet to the true point of beginning. END IIII/47 • 0 0 VOL: 1999 PAGE: 54420 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES 11111111111111111111111111111111111111111111111111111111111 * 1999-54420 * Vol -Page Printed: 11/10/1999 13.45:29 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Nova 10, 1999; 1:27 p.m. 13665 Agreement $35.00 NUMBER OF PAGES: 4 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK 35 -5WnV- Return to: J% WASHINGTON FEDERAL SAVINGS 2715 WE HWY 20 BEND, OR 97701 Attn: [Space Above This Line For Recording Data] ADDITIONAL ADVANCE AGREEMENT THIS ADDITIONAL ADVANCE AGREEMENT made and entered on OCTOBER 29, 1999 by and between THOMAS C JONES AND JOYCE L JONES, AS HUSBAND AND WIFE ("Borrower"/Grantor), and Washington Federal Savings, a corporation in the United States of America ("Lender"/Beneficiary/ Grantee). RECITALS: A. On or about JUNE 2, 1999 , Borrower, in cotmection with Loan number 221218-1 , executed and delivered to Lender a Note (the "Original Note") in the original principal sum of TWO HUNDRED SIXTY FIVE THOUSAND AND NO/1005 ($ 265,000.00 ), and providing for interest on the unpaid balance at the initial rate of SEVEN AND ONE EIGHTH percent ( 7.125 %) per annum, and maturing on MARCH 1ST, 2030 B. On or about the same date, Borrower executed and delivered to Lender, as security for the payment of the Original Note, a Mortgage or Deed of Trust (the "Security Instrument"). The Security Instrument was recorded in the office of the County Recorder, County Auditor or County Clerk of DESCHUTES County, Sate of OREGON on JUNE 9, 1999 as Auditor's/Recorder's number 1999-28738 The Security Instrument covers the following described real property (the "Property"). LOT SIXTEEN (16). OF LANE KNOLLS ESTATES, DESCHUTES COUNTY, OREGON Washington State Only Assessor's Property Tax Parcel/Account Number(s): C. Borrower is indebted to Lender under the obligation evidenced by the Original Note, and Lender is the owner and holder of the indebtedness evidenced by the Original Note. nornnver's Initials (Page 1 of 4) L0171 06/17/99 An. nratltr. nrt. r Ansrft IStlAftMAY M(lam D. Borrower has requested and obtained front Lender additional funds (the "Additional Advance") of an amount FIFTEEN THOUSAND AND NO/100S ($ 15,000.00)and has executed and delivered to Lehuler a Note (the "Additional Note") of even date, in the original principal amount of the Additional Advance, providing for interest oil the unpaid balance at the initial rate of SEVER AND ONE QUARTER percent ( 7.25 %) per annum, and maturing on MARCH 1ST, 2030 . Borrower acknowledges the Additional Advance as evidenced by the Additional Note is secured by the Security Instrument and is subject to the tennis of all other instruments delivered to Letcher in connection with the Original Note and Security Instrument, including particularly any Construction Loan Agreement or Land Loan Agreement. E. Except as noted in this Agreement, the obligations evidenced by the Additional Note and the Original Note are to be repaid in the same proportions and are to he subject to the same terms, provisions, agreements, and stipulations. F. Lender and Borrower have agreed that the loans evidenced by the Original Note and the Additional Note shall he consolidated as to both debts and as a first priority lien as set forth below. NOW, THEREFORE, as an integral part of the loan transaction related to die Additional Note, as a condition to Lender making the Additional Advance, for valuable consideration, and in consideration of the mutual promises, covenants, conditions, and stipulation set forth in this Additional Advance Agreement, the parties agree as follows. PRINCIPAL LOAN BALANCE. As of this date, the unpaid principal balance owing under the Original Note is the sum of $ TWO HUNDRED SIXTY FIVE THOUSAND AND NO/LOOS with interest paid through SEPTEMBER 30, 1999 . The original principal balance of the Original Note of $ 265.000.00 las been modified by an additional advance of principal, as evidenced by the Additional Note. Both the Original Note and the Additional Note are secured by the Security Instrument, as nnodified by this Agreement. The total principal of the Original Note and Additional Note, without deduction for partial principal payment (if at all) node previous to this date, is $ 280,000.00 2. CONSOLIDATION OF OBLIGATIONS. The debts evidenced by the Original Note and the Additional Note and secured by the Security Instrument shall be and they are hereby merged and • consolidated to the same extent as if simultaneously loaned and advanced to Borrower. 3. DISBURSEMENT OF LOAN PROCEEDS; LIEN PRIORITY STATUS; NEW CONSOLIDATED PAYMENT. Upon recordation of this Agreement, the net proceeds of the Additional Advance will be disbursed to the order of Borrower (and each of them, if more than one). The debts evidenced by the Original Note and the Additional Note slhall together he and rennin a first lien upon the Property without priority of one over another, and slhall secure the repayment of the present gross indebtedness with interest on the unpaid balance. Said repayment shall be in accordance with all the terms and provisions of the two Notes, subject to the terns and conditions of Paragraph 6 of this Additional Advance Agreement. INCORPORATION OF ADDITIONAL NOTE AND ADDITIONAL ADVANCE AGREEMENT AS PART OF "LOAN DOCUMENTS". Any right, remedy, or security which is held by or available to Lender in connection with either the Original Note, the Additional Note or the Security instrument, and including any right, remedy, or security provided by any Assignmhent of Rents and Income, or any Construction Loan Agreement or Land Loan Agreement, shall apply to both the Original Note, the Additional Now and the Security Instrument, irrespective of whether the instrument creating such right, remedy, or security refers only to one of the instruments described in this Agreement, and regardless of whether the instrument creating such right, remedy, or security was executed by less than all persons identified as Burrower. DEFAULT. Any default in either of the Original Note or Additional Note, under any other instrument securing the payment of either of the Notes, under any instrument relating to or under any instrument providing any right, remedy, or security in connection with either of the Notes or tine Security Instrument, slall constitute a default in and under all of the instruments referred to in this Paragraph. PREFERENCE OF TERMS OF ADDITIONAL NOTE; NEW MATURITY DATE AND LOAN INTEREST RATE. The terms of the Additional Note and of all instruments in any way related to the loan associated with the Additional Note, including this Additional Advance Agreement, shall govern and apply to the extent of any conflict or inconsistency whatsoever which may exist between such instruments and die Original Note. Without linhiting the general application of the foregoing, the following shall apply; page 2 rj4) L0171 06/17/99 l� u 540, 3 • a. NEW MATURITY DATE. The Maturity Date set forth in the Additional Note shall modify and apply to the Original Note and the Security Instrument. The new Maturity Date on the entire loan, including the Original Note and the Additional Note (as modified by this Additional Advance Agreement), is now and shall he MARCH IST, 2030 b. NEW LOAN INTEREST RATE. The Loan Interest Rate set forth in the Additional Note shall modify and apply to the Original Note and the Security Instrument. The new Loan Interest Rate oil the entire loan, including the Original Note and the Additional Note (as modified by this Additional Advance Agreement), is now and shall be SEVEN AND ONE QUARTER percent ( 7.25 %) 7. SURVIVAL OF TERMS. Except as set forth in this Additional Advance Agreement, all of the terms, covenants, and conditions of all of the instruments referred to herein shall remain in full force and effect. Notwithstanding any provision hereof which might he construed to the contrary, this Additional Advance Agreement shall in no way affect the validity, priority, or binding effect of the Security Instrument. 8. BINDING EFFECT. This Agreement shall inure to the benefit of and be hinding upon the heirs, personal representatives, successors and assigns of Lender and Borrower. WASHINGTON F ERAL SAVINGS By: ---a OL--- NA1rC-YjO'CONVqA Title: ASSIS E P BRANCH MANAGER BORRROWER'S ACKNOWLEDGEMENT OF RECEIPT AND ACCEPTANCE The undersigned Borrower, and each of them, acknowledge receipt and accept the terns and conditions of the above stated Additional Advance Agreement. THOMAS C JONES JOYCE L JO (Over for notary acknowledgements) istP(ige 3 of 4) L0171 06/1 B/99 L z2,4- 51141-�4LLI STATE OF 0(t VA -0-3 ) ss. COUNTY I certify that I know or have satisfactory evidence that -ft nn ,e` C- J o yv Ewa Jaye L JaN�S [Name(s) of person(s)] is/are the person(s) who appeared before me, and WTerson(s) acknowledged that (he/she/IQ signed this instrument and acknowledged it to be (His/her/ tear free and voluntary act for the uses and purposes mentioned in the instrument. Dated: I 9 (Signature Notary Public in and for the State of L o+ MAURA ELKIN residingat O NOTARY PUBLIC -OREGON COMMISSION NO. 058215 My conmrission expires Q c - r- Cga ;?Qz7Z-) MY COMMISSION EXPIRES OCT. 6, 2000 STATE OF L'Ve6 o, --J' ) ) ss. COUNTY ) I certify that I know or have satisfactory evidence that 4-5 t4tJ cs{ (or LOr3 raer(L [Nante(s) of person(s)] is/are the persou(s) who appeared before e, and said person(s) acknowledged that (helaey) signed this • instrument, on oath stated that (he sl /they) was/were authorized to execute the instrument and acknowledged it as the C--a`_.G2_- (Type of Authority, e.g., Office Trustee) of JLC t4 r a c�-j D.-� :F=r --Q2 A1� ���i'�cl.�. �' -, (Name of the Party on Behalf of Whom the Instrument was Executed) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (1,/ 2_ 1 (Signature (Seal or Stannp) Notary Public i anal for the State of ►`-3 OFFICIAL SEAL residing at:�+�'� MAURA ELKINMy conunission expires e -T- to "iacb NOTARY PUBLIC -OREGON E COMMISSION NO. 058215 MY COMMISSION EXPIRES OCT. 6. 2000 • (Page 4 of 4) L0171 06/17/99 JV?7- PeenaAd&E When Recorded Return to: p/� /C Y �u e . Midland Mortgage Company Linda Stoltenborg 3232 W Reno y Oklahoma City, Ok 73107 PA Hi�.SIS S i jYL�GVLan No: 19486859 AFFIDAVIT OF MISSING ASSIGNMENT The undersigned being first duly sworn alleges or deposes as follows: 1. That he/she is employed by the undersigned and is authorized by the noteholder to make this affidavit: 2. That notwithstanding the fact that an assignment (s) has/have not been recorded, the undersigned is the current holder and/or custodian of the note secured by the Mortgage/Deed of Trust recorded August 9, 1990, Inst # 90-23279, Book 215, Page 2009, wherein LEWIS GLEN GREEN AND KERRI GAYLE GREEN, HUSBAND AND WIFE are the Mortgagors/Trustors, concerning real property located in DESCHUTES County, Oregon. 3. That the undersigned, having received final payment for the sum secured by the above mentioned Mortgage/Deed of Trust, is recording this document solely for the purpose of effecting a Discharge/Satisfaction/Reconveyance/Release of the undersigned • indemnifies against any loss which may occur in regards to the releasing/discharging and/or reconveying of this Mortgage/Deed of Trust. I declare under the penalty of perjury that the foregoing information is true and correct to the best of my knowledge. Date: May 27, 1999 Leigh 14&ry MidFirst Bank, a Federally Chartered Savings Association, FKA MidFirst Bank, State Savings Bank, FKA MidFirst Savings and Loan Association STATE OF OKLAHOMA COUNTY OF OKLAHOMA SUBSCRIBED AND SWORN TO before me on this date, May 27, 1999. Witness my hand and official seal. ti QA r..1;; P�L STO,�Lm a Gail S e org, Not Public - Commission Expires: 9-28-99 151M011' RECORDATION REQUESTED BY: Valley of the Rogue Benir 100 N.E. Midland P.O. Box 771 i` ♦A Granth Pass, OR 87526 WHEN RECORDED MAIL 10. Valley of this Rogue Bank 100 N.E. Midland vo� P. O. Box 771Grants Pass, OR 97526 SEND TAX NOTICES TO:�� 4 j Pacific Roasters, L.L.C. 191 Spring Mountain Rd. Grants Pass, OR 97526 W/ " SPACE ABOVE THIS LINE IS FOR RECORDEn'S USE ONLY HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY THIS HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT DATED DECEMBER 8, 1999, IS MADE BY Pacific Roasters, L.L.C. (referred to below as 'Borrower", sometimes as "Grantor"), and Valley of the Rogue Bank (referred to below as "Lender"). For good and valuable consideration and to induce Lender to make a Loan to Borrower, each party executing this Agreement hereby represents and agrees with Lender as follows: DEFINITIONS. The following words shall have the following meanings when used in this Agreement. All references to dollar amounts shall mean amounts In lawful money of the United States of America. s certificate and Indemnity Agreement, as this Hazardous Substances Agreement. The word "Agreement" means this Hazardous Substance Certificate and Indemnity Agreement may be modified from time to time, together with all exhibits and schedules attached to this Hazardous Substances Certificate and Indemnily Agreement Borrower. The word "'Borrower" means Individually and collectively Pacific Roasters, L.L.C., Its successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, end Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superlund Amendments and Reauthorization Act of 19e6, Pub. L. No. 99 199 ('SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., and other applicable stale or federal laws, rules, or regulations adopted pursuant to any of the foregoing. • Grantor. The word "Grantor" means Individually and collectively Pacific Roasters, L.L.C., its successors and assigns Hazardous Substance. The words "Hazardous Substance" are used In their very broadest sense and refer to materials that, because of their quantity, concenlrallon or physical chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the drtraritransported or otherwise "Hazatclous when Improperly hs of, gone Substances, include without any and all disposed or toxicsubstancesmaterials or waste as defined by or listed under the Environmental Laws. 'hazardous Substances" Include without limitation petroleum, including crude oil and any fraction thereof and asbestos. Lender. The word "Lender" means Valley of the Rogue Bank, its successors and assigns. Loan. The word 'Loan" or "Loans" means and Includes without llmilation any and all commercial loans and financial accommodations from Lender to Borrower, whether now or hereafter existing, and however evidenced, Including without limitation those loans and financial accommodations described herein or described on any exhibit or schedule attached to this Agreement from time to time. Occupant. The word "Occupant" means Individually and collectively alt persons or entities occupying or utilizing the Property, whether as owner, tenant, operator or other occupant. Properly. The word "Properly" means the following described real property, and all improvements thereon located In Deschutes County, the Stale of Oregon: PARCEL I: A tract of land situated in the Southwest OITOrWNGS IHWPIE GHTEof ENti(18)EigOhU(8) RANGE Northwest 0uarter (NW 1l4) of Section Seventeen 17), S tit TWELVE (12) EAST l F THE WILLAMETTE MERIDIAN, Heschutes County, Oregon, described as ollows: s Beginning at a ie of Pinebrook Boulevard which bears South 0 degrees point on the North right of way lir ;r 56 24" West 371.69 feet and South 89 degrees 18' 56" East, 548.08 Leet from the Southwest corner F !'; Tract 21 BLAKLEY HEIGHTS; thence North 1 degrees 04' 03" East, ce So feet to the TRUE POINT OF v u BEGINNING; thence, North 1 degrees 04' 03" East 130.00 tees; thence South 88 degrees 43' 22" East, � Irr 141.47 feel; thence South 17 degrees 19' 42" Wesi', 135.27 feet; thence North 88 degrees, 43' 22" West, .D 103.60 feel to the POINT OF BEGINNING. w ? n PARCEL 11: A tract of land situated in the Southwest Quarter (SW 1/4 of Section Eight (8) and the ro o i Northwest Quarter (NW 114) of Section Seventeen (17), TOWNSHIP EIGHTEEN (18) SOUTh RANGE `d n =� TWELVE (12) EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon, described as follows: (r Beginnin a a point on the North right of way line of Pinebrook Boulevard which bears South 0 degrees to T6aet421 BLAklEY6HEIGHTS; thence North gI degree 04' 03 Est ast8193.51tfeet- thenceutSouthwest8 degBees 43' 22" East, 103.60 feet; thence South 17 degrees 19' 42' West, 1980.01 feet to a point on the feet Northerly r' ht trof marline of king an said inebr therein- thence North 89 degrre South eese18e58"es *West a ong said 7riight of way line a distance of 28.00 feetpto the point of beginning. The Real Properly or its address Is commonly known as 61165 S. Highway 97, Bend, OR 97526. REPRESENTATIONS. The following representations are made to Lender, subject to disclosures made and accepted by Lender In writing: edge, or reason to , that there has been any use, generation, Use manOf tura, Property. Aftelredue atmenfUlreHnement transportation, disposal, on, 1, or threatened release ofeany Hazardous Substance by any person on, under, or about the Property. has no Hazardous owned by previous e�upa^nts,rhas everecointained asbestos, PCB oration, BorrowernotherdHazardous Subsane, or reason to lcaes, helher us deitn construclion or whether owned by stored on the Propertyu ns citation, oNo Notices. f any countyorrstate ly ole the U.S. Government concerning any lint intentional ve, letter Tort uninte tonal cher olon orltomission on, under, 09 about othe a Paope department which has resulted in the releasing, spilling, leaking, pumping, poudng, emitting, emptying or dumping of Hazardous Substances into any waters or onto any lands or where damage may have resulted to the lands, waters, fish, shellfish, wildlife, biota, air or other natural resources. 12-08-1999 HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY Page 2 Loan No 1668322649 (Continued) !J ' =r s- AFFIRMATIVE COVENANTS. Subject to disclosures made and accepted by Lender In writing, Borrower hereby covenants with Lender as follows: Use Of Property. Borrower will not use and does not Intend to use the Property to generate, manufacture, retina, transport, treat, store, handle or dispose of any Hazardous Substances. • Compliance with Environmental Laws. Borrower shall cause the Property and the operations conducted thereon to comply with all Environmental Laws and orders of any governmental authorities having jurisdiction under any Environmental Laws and shall obtain, keep In effect and comply with all governmental permits and authorizations required by Environmental Laws with respect to such Properly or operations. Borrower shall furnish Lender with copies of all such permits and authorizations and any amendments or renewals thereof and shall notify Lender of any expiration or revocation of such permits or authorizations. Preventive, Investigatory and Remedial Action. Borrower shall exercise extreme care in handling Hazardous Substances if Borrower uses or encounters any. Borrower, at Borrower's expense, shall undertake any and all preventive, investigatory or remedial action (including emergency response, removal, containment and other remedial action) (a) required by any applicable Environmental Laws or orders by any governmental authority having jurisdiction under Environmental Laws, or (b) necessary to prevent or minimize property damage (Including damage to Occupant's own property), personal Injury or damage to the environment, or the threat of any such damage or Injury, by releases of or exposure to Hazardous Substances in connection with the Property or operations of any Occupant on the Property. In the event Borrower fails to perform any of Borrower's obligations under this section of the Agreement, Lender may (but shall not be required to) perform such obligations at Borrower's expense. All such costs and expenses Incurred by Lender under this section and otherwise under this Agreement shall be reimbursed by Borrower to Lender upon demand with Interest at the Loan default rale, or In the absence of a default rate, at the Loan Interest rate. Lender and Borrower Intend that Lender shall have full recourse to Borrower for any sum at any time due to Lender under this Agreement. In performing any such obligations of Borrower, Lender shall at all limes be deemed to be the agent of Borrower and shall not by reason of such performance be deemed to be assuming any responsibility of Borrower under any Environmental Lew or to any third party. Borrower hereby Irrevocably appoints Lender as Borrower's attorney-4n—fact with full power to perform such of Borrower's obligations under this section of the Agreement as Lender deems necessary and appropriate. 111 Notices. Borrower shall immediately notify Lender upon becoming aware of any of the following: (a) Any spill, release or disposal of a Hazardous Substance on any of the Property, or In connection with any of Its operations if such split, release or disposal must be reported to any governmental authority under applicable Environmental Laws. (b) Any contamination, or Imminent threat of contamination, of the Property by Hazardous Substances, or any violation of Environmental Laws In connection with the Properly operations conducted on the Properly. (c) Any order, notice of violation, fine or penalty or other similar action by any governmental authority relating to Hazardous Substances or Environmental Laws and the Property or the operations conducted on the Property. (d) Any judicial or administrative investigation or proceeding relating to Hazardous Substances or Environmental Laws and to the Properly or the operations conducted on the Property. (e) Any matters relating to Hazardous Substances or Environmental Laws that would give a reasonably prudent Lender cause to be concerned that the value of Lender's security Interest in the Property may be reduced or threatened or that may Impair, or threaten to impair, Borrower's ability to perform any of Its obligations under this Agreement when such performance Is due. Access to Records. Borrower shall deliver to Lender, at Lender's request, copies of any and all documents in Borrower's possession or to which II has access relating to Hazardous Substances or Environmental Laws and the Property and the operations conducted on the Property, Including without limitation results of laboratory analyses, site assessments or studies, environmental audit reports and other consultants' studies and reports. Inspections. Lender reserves the right to inspect and Investigate the Property and operations thereon at any time and from lime to time, and Borrower shall cooperate fully with Lender In such inspection and investigations. If Lender at any time has reason to believe that Borrower or any Occupants of the Property are not complying with all applicable Environmental Laws or with the requirements of this Agreement or that a materiel spill, release or disposal of Hazardous Substances has occurred on or under the Property, Lender may require Borrower to furnish Lender at Borrower's expense an environmental audit or a site assessment with respect to the matters of concern to Lender. Such audit or assessment shall • be performed by a qualified consultant approved by Lender. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the pad of Lender to Borrower or to any other person. BORROWER'S WAIVER AND INDEMNIFICATION. Borrower hereby indemnities and holds harmless Lender and Lender's officers, directors, employees and agents, and Lender's successors and assigns and their officers, directors, employees and agents against any and all claims demands, losses, liabilities, costs and expenses (Including without limitation attorneys' fees at trial and on any appeal or petition for review) Incurred by such person (a) arising out of or relating to any Investigatory or remedial action involving the Propprly, the operations conducted on the Properly or any other operations of Borrower or any Occupant and required by Environmental Laws or by orders of any governmental authority having jurisdiction under any Environmental Laws, or (b) on account of Injury to any person whatsoever or damage to any property arising out of, in connection with, or in any way relating to (i) the breach of any covenant contained In [his Agreement, (it) the violation of any Environmental Laws, (iii) the use, treatment, storage, generation, manufacture, transport, release, spill disposal or other handling of Hazardous Substances on the Property, (iv) the contamination of any of the Property by Hazardous Substances by any means whatsoever (including without limitation any presently existing contamination of the Properly), or (v) any costs Incurred by Lender pursuant to this Agreement. In addition to this Indemnity, Borrower hereby releases and waives all present and future claims against Lender for Indemnity or contribution in the event Borrower becomes liable for cleanup or other costs under any Environmental Laws. PAYMENT: FULL RECOURSE TO BORROWER. Lender and Borrower Intend that Lender shall have full recourse to Borrower for Borrower's obligations hereunder as they become due to Lender under this Agreement. Such liabilities, losses, claims, damages and expenses shall be reimbursable to Lender as Lender's obligations to make payments with respect thereto are Incurred, without any requirement of wailing for the ultimate outcome of any litigation, claim or other proceeding, and Borrower shall pay such liability, losses, claims, damages and expenses to Lender as so incurred within thirty (30) days after written notice from Lender. Lender's notice shall contain a brief itemization of the amounts incurred to the date of such notice. In addition to any remedy available for failure to pay periodically such amounts, such amounts shall thereafter bear interest at the Loan default rate, or in the absence of a default rate, at the Loan Interest rate. SURVIVAL. The covenants contained In this Agreement shall survive (a) the repayment of the Loan, (b) any foreclosure, whether judicial or nonjudiclal, of the Property, and (c) any delivery of a deed In lieu of foreclosure to Lender or any successor of Lender. The covenants contained In this Agreement shall be for the benefit of Lender and any successor to Lender, as holder of any security Interest In the Property or the Indebtedness secured thereby, or as owner of the Property following foreclosure or the delivery of a deed in lieu of foreclosure. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement Applicable Low. This Agreement has been delivered to Lender and accepted by Lender In the State of Oregon. This Agreement shall be governed by and construed to accordance with the lows of the Stale of Oregon. Attorneys' Fees; Expenses. Borrower agrees to pay upon demand all of Lender's costs and expenses, Including attorneys' fees and Lender's legal expenses, Incurred In connection with the enforcement of this Agreement. Lender may pay someone else to help enforce this Agreement, and Borrower shall pay the costs and expenses of such enforcement. Costs and expenses Include Lender's attorneys' fees and legal expenses whether or not there Is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post—judgment collection services. Borrower also shall pay all court costs and such additional fees as may be directed by the court. Severablllty. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, If the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. Waivers and Consenls. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Agreement shall not constitute a waiver of or prejudice the party's right otherwise to demand strict compliance with that provision or tiny other provision. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, shall constitute a waiver of any of Lender's rights or any of Borrower's obligations as to any future transactions. Whenever consent by Lender Is required in this Agreement, the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent Is required. Borrower hereby waives notice of acceptance of this Agreement by Lender. w • 12-08-1999 HAZARDOUS SUBSTANCES CERTIFICATE AND INOWNITY Page 3 Loan No 1668322849 (Continued) 9'�59as1s—� EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS AGREEMENT, AND EACH AGREES TO ITS TERMS. NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE. Valley of the Rogue Bank By: Authorized Officer M p orf y�LIMITED LIABILITY COMPANY ACKNOWLEDGMENT ON STATE OF INI I U �I I/1 +01 ) C�mlu� # 1217182 I � � I ► sa Notary PrsPublic- county tOfTda ► ] Riverside COtlnty COUNTY OF Gi ■ Myt:omm.EViesAP►25.20ai On this IV" day of before me, the undersigned Notary Public, personally appeared Beyld-R. ir of Pacific Roasters, L.L.C.; ILK,-Hendon,-MembeFof-Paolfie-Reasiers, L.L.C.; Gerden-1Mdersen, 1 C.1 and Nnde-Hamlyn, Member -mer-66.C., and known to me to be members or designated agents of the limited liability company that executed the Hazardous Substances Certificate and indemnity Agreement and acknowledged the Agreement to be the free and voluntary act and deed of the limited liabiltly company, by authority of statute, Its articles of organization or Its operating agreement, for the uses and purposes therein mentioned, and on oath stated that t e are auth zed I execute this Agreement and in fact executed the Agreement on behall1af the I mined liability compa(n/y. /�(n / /� By Reelding at ��15UI !' Notary Public In d for the State of LU �I I ur I 11(� My eommissbn expires YI25� J `1T 7H LENDER ACKNOWLEDGMENT STATE OF ) )SS COUNTY OF ) On this day of , 19 , before me, the undersigned Notary Public, personally appeared and known to me to be the 'authorized agent for the Lender that executed the within and foregoing Instrument and acknowledged said Instrument to be the free and voluntary act and deed of the said Lender, duly authorized by the Lender through Its board of directors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this sald instrument and that the seal affixed is the corporate seat of said Lender. By Notary Public in and for the State of Residing at My commission expires LASE n PRO, Reg. U.S. Pel. & T.M. Off., Ver. 3.g7a (c)1 Ogg CFI ProServlces, Inc. All rights rsserveC. IOR-x270 E 3.27 F3.27 P3.27 PACROAST.L N R3.oVL1 STATE OF OREGON. Carnry of ........Josephine ............. .....................}ra. .................................................... Thb ingrument was acknowledged before me an .19 ................. by...................................................................................................................................................................................................................................... This batrament was acknowledged before me an .......... December.. .. ..... 13 ...............19...... 99...., ................................................................... by David R. Thomason,Member, B.K. Herndon,.Member, Gordon Anderson, Member, Robert Hamlyn, ............................................................................................................................................................... &z„Member and _Linda Hamlyns„Member„of Pacific Rossters...L L.,C........................:............................................. ................................... x9c................................................................................... OFFICIAL SEAL SSKNECHT NOTARY RY 'IPPU ELIC -OREGON COMMISSION NO. 323719 MY COMMISSION EXPIRES JULY 17, 2003 ............................................................................. Notary Public for Oregon. 7-17-2003 My Commission expirts.................................. t_ • r� U 40 VOL: 1999 PAGE: 59800 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII dee 6� 1999-59800 -Vol-pagc Printed: 12/2011999 09:11:55 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME RECEIPT NO: DOCUMENT TYPE FEE PAID: Dec. 20, 1999; 9:11 a.m. 15079 Agreement $30.00 NUMBER OF PAGES: 3 Lv� 0'..'6-1 � MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK ------------------- RECORDATION REQUESTED BY: First Security Bank, N.A. 200 SW 4th Corvallis, OR 97339 WHEN RECORDED MAIL TO: Airst Security Bank, N.A. V/ Attn. CLDC P.O. Box 8203 Boise, ID 83707.2203 99 - If? f(9 o -i SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY 1111111 IIIA 1111H NII 111111 VIII II IIII First seciurity Bank. HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY THIS HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITY AGREEMENT DATED DECEMBER 2, 1999, IS MADE BY Hallmarketing, Inc., dba HOMEWORKS (referred to below as "Borrower", sometimes as "Grantor"), and First Security Bank, N.A. (referred to below as "Lender"). For good and valuable consideration and to Induce Lender to make a Loan to Borrower, each party executing this Agreement hereby represents and agrees with Lender as follows: DEFINITIONS. The following words shall have the following meanings when used in this Agreement. All references to dollar amounts shall mean amounts in lawful money of the United States of America. • Agreement. The word "Agreement" means this Hazardous Substances Certificate and Indemnity Agreement, as this Hazardous Substances Certificate and Indemnity Agreement may be modified from time to time, together with all exhibits and schedules attached to this Hazardous Substances Certificate and Indemnity Agreement Borrower. The word "Borrower" means individually and collectively Hallmarketing, Inc., its successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ('SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., and other applicable state or federal laws, rules, or regulations adopted pursuant to any of the foregoing. Grantor. The word "Grantor" means individually and collectively Hallmarketing, Inc., its successors and assigns Hazardous Substance. The words "Hazardous Substance" are used in their very broadest sense and refer to materials that, because of their quantity, concentration or physical chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. "Hazardous Substances" include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. "Hazardous Substances" include without limitation petroleum, including crude oil and any fraction thereof and asbestos. Lender. The word "Lender" means First Security Bank, N.A., its successors and assigns. Loan. The word "Loan" or "Loans" means and includes without limitation any and all commercial loans and financial accommodations from Lender to Borrower, whether now or hereafter existing, and however evidenced, including without limitation those loans and financial accommodations described herein or described on any exhibit or schedule attached to this Agreement from time to time. Occupant. The word "Occupant" means individually and collectively all persons or entities occupying or utilizing the Property, whether as owner, tenant, operator or other occupant. Property. The word "Property" means the following described real property, and all improvements thereon located in Deschutes County, the State of Oregon: Lot 33 of PHOENIX PARK, PHASE III, Deschutes County, Oregon. The Real Property or its address Is commonly known as 63537 NE St. Cloud Court, Bend, OR 97701. The Real Property tax identification number is Serial No.: 197080 Account No.: 1-003 17 12 16 AA 03406. REPRESENTATIONS. The following representations are made to Lender, subject to disclosures made and accepted by Lender in writing: Use Of Property. After due inquiry and investigation, Borrower has no knowledge, or reason to believe, that there has been any use, generation, manufacture, storage, treatment, refinement, transportation, disposal, release, or threatened release of any Hazardous Substance by any person on, under, or about the Property. Hazardous Substances. After due inquiry and investigation, Borrower has no knowledge, or reason to believe, that the Property, whenever and whether owned by previous Occupants, has ever contained asbestos, PCB or other Hazardous Substances, whether used in construction or stored on the Property. No Notices. Borrower has received no summons, citation, directive, letter or other communication, written or oral, from any agency or • department of any county or state or the U.S. Government concerning any intentional or unintentional action or omission on, under, or about the Property which has resulted in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Substances Into any waters or onto any lands or where damage may have resulted to the lands, waters, fish, shellfish, wildlife, blots, air or other natural resources. AFFIRMATIVE COVENANTS. Subject to disclosures made and accepted by Lender in writing, Borrower hereby covenants with Lender as follows: Use Of Property. Borrower will not use and does not intend to use the Property to generate, manufacture, refine, transport, treat, store, handle or dispose of any Hazardous Substances. Compliance with Environmental Laws. Borrower shall cause the Property and the operations conducted thereon to comply with all 12-p2-1999 HAZARDOUS SUBSTANCES CERTIFICATE AND INDEMNITYPage 2 (Continued) 9t— a ?60 Environmental Laws and orders of any governmental authorities having jurisdiction under any Environmental Laws and shall obtain, keep in effect and comply with all governmental permits and authorizations required by Environmental Laws with respect to such Property or • operations. Borrower shall furnish Lender with copies of all such permits and authorizations and any amendments or renewals thereof and shall notify Lender of any expiration or revocation of such permits or authorizations. Preventive, Investigatory and Remedial Action. Borrower shall exercise extreme care in handling Hazardous Substances if Borrower uses or encounters any. Borrower, at Borrower's expense, shell undertake any and all preventive, investigatory or remedial action (including emergency response, removal, containment and other remedial action) is) required by any applicable Environmental Laws or orders by any governmental authority having jurisdiction under Environmental Laws, or (b) necessary to prevent or minimize property damage (including damage to Occupant's own property), personal injury or damage to the environment, or the threat of any such damage or injury, by releases of or exposure to Hazardous Substances in connection with the Property or operations of any Occupant on the Property. In the event Borrower fails to perform any of Borrower's obligations under this section of the Agreement, Lender may (but shall not be required to) perform such obligations at Borrower's expense. All such costs and expenses incurred by Lender under this section and otherwise under this Agreement shall be reimbursed by Borrower to Lender upon demand with Interest at the Loan default rate, or in the absence of a default rate, at the Loan interest rate. Lender and Borrower Intend that Lender shall have full recourse to Borrower for any sum at any time due to Lender under this Agreement. In performing any such obligations of Borrower, Lender shall at all times be deemed to be the agent of Borrower and shall not by reason of such performance be deemed to be assuming any responsibility of Borrower under any Environmental Lew or to any third party. Borrower hereby irrevocably appoints Lender as Borrower's attorney-in-fact with full power to perform such of Borrower's obligations under this section of the Agreement as Lender deems necessary and appropriate. Notices. Borrower shall immediately notify Lender upon becoming aware of any of the following: (a) Any spill, release or disposal of a Hazardous Substance on any of the Property, or In connection with any of its operations If such spill, release or disposal must be reported to any governmental authority under applicable Environmental Laws. (b) Any contamination, or imminent threat of contamination, of the Property by Hazardous Substances, or any violation of Environmental Laws in connection with the Property operations conducted on the Property. (c) Any order, notice of violation, fine or penalty or other similar action by any governmental authority relating to Hazardous Substances or Environmental Laws and the Property or the operations conducted on the Property. (d) Any judicial or administrative investigation or proceeding relating to Hazardous Substances or Environmental Laws and to the Property or the operations conducted on the Property. (e) Any matters relating to Hazardous Substances or Environmental Laws that would give a reasonably prudent Lender cause to be concerned that the value of Lender's security Interest in the Property may be reduced or threatened or that may Impair, or threaten to impair, Borrower's ability to perform any of its obligations under this Agreement when such performance is due. Access to Records. Borrower shall deliver to Lender, at Lender's request, copies of any and all documents In Borrower's possession or to which it has access relating to Hazardous Substances or Environmental Laws and the Property and the operations conducted on the Property, including without limitation results of laboratory analyses, site assessments or studies, environmental audit reports and other consultants' studies and reports, Inspections. Lender reserves the right to inspect and investigate the Property and operations thereon at any time and from time to time, and Borrower shall cooperate fully with Lender in such inspection and investigations. If Lender at any time has reason to believe that Borrower or any Occupants of the Property are not complying with all applicable Environmental Laws or with the requirements of this Agreement or that a material spill, release or disposal of Hazardous Substances has occurred on or under the Property, Lender may require Borrower to furnish Lender at Borrower's expense an environmental audit or a site assessment with respect to the matters of concern to Lender. Such audit or assessment shall be performed by a qualified consultant approved by Lender. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Borrower or to any other person. •BORROWER'S WAIVER AND INDEMNIFICATION. Borrower hereby indemnifies and holds harmless Lender and Lender's officers, directors, employees and agents, and Lender's successors and assigns and their officers, directors, employees and agents against any and all claims demands, losses, liabilities, costs and expenses (including without limitation attorneys' fees at trial and on any appeal or petition for review) incurred by such person la) arising out of or relating to any investigatory or remedial action Involving the Property, the operations conducted on the Property or any other operations of Borrower or any Occupant and required by Environmental Laws or by orders of any governmental authority having jurisdiction under any Environmental Laws, or (b) on account of injury to any person whatsoever or damage to any property arising out of, in connection with, or in any pray relating to (i) the breach of any covenant contained in this Agreement, (ii) the violation of any Environmental Laws, (iii) the use, treatment, storage, generation, manufacture, transport, release, spill disposal or other handling of Hazardous Substances on the Property, (iv) the contamination of any of the Property by Hazardous Substances by any means whatsoever (including without limitation any presently existing contamination of the Propenyl, or (v) any costs incurred by Lender pursuant to this Agreement. In addition to this Indemnity, Borrower hereby releases and waives all present and future claims against Lender for indemnity or contribution in the event Borrower becomes liable for cleanup or other costs under any Environmental Laws. PAYMENT: FULL RECOURSE TO BORROWER. Lender and Borrower Intend that Lender shall have full recourse to Borrower for Borrower's obligations hereunder as they become due to Lender under this Agreement. Such liabilities, losses, claims, damages and expenses shall be reimbursable to Lender as Lender's obligations to make payments with respect thereto are incurred, without any requirement of waiting for the ultimate outcome of any litigation, claim or other proceeding, and Borrower shall pay such liability, losses, claims, damages and expenses to Lender as so incurred within thirty (30) days after written notice from Lender. Lender's notice shall contain a brief itemization of the amounts incurred to the date of such notice. In addition to any remedy available for failure to pay periodically such amounts, such amounts shall thereafter bear interest at the Loan default rate, or in the absence of a default rate, at the Loan interest rate. SURVIVAL. The covenants contained in this Agreement shall survive (a) the repayment o1 the Loan, (b) any foreclosure, whether judicial or noniudicial, of the Property, and (c) any delivery of a deed In lieu of foreclosure to Lender or any successor of Lender. The covenants contained in this Agreement shall be for the benefit of Lender and any successor to Lender, as holder of any security interest in the Property or the indebtedness secured thereby, or as owner of the Property following foreclosure or the delivery of a deed in lieu of foreclosure. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: Applicable Law. This Agreement hes been delivered to Lender and accepted by Lender In the State of Oregon. Tide Agreement shall be governed by and construed In accordance with the laws of the State of Oregon. Attorneys' Fees; Expenses. Borrower agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may pay someone else to help enforce this Agreement, and Borrower shall pay the costs and expenses of such enforcement. Costs and expenses include Lander's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post -judgment collection services. Borrower also shall pay all court costs and such additional fees as may be directed by the court. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision Invalid or unanforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Agreement shall not constitute a waiver of or prejudice the party's right otherwise • to demand strict compliance with that provision or any other provision. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, shall constitute a waiver of any of Lender's rights or any of Borrower's obligations as to any future transactions. Whenever consent by Lender is required in this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required. Borrower hereby waives notice of acceptance of this Agreement by Lender. 12;02-1999 HAZARDOUS SUBSTANCES CERTIFICATE AND (Continued) Page 3 EACH PARTY TO THIS AGREEMENT ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS AGREEMENT, AND EACH AGREES TO ITS TERMS. NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS AGREEMENT EFFECTIVE. • 'ND EMNIT Hallmar eting c ................ ...... .........................._..;..._... ey. Pat 1 President -- By. Cindy ohnrey-Hell, kal§esr'dent/Secrery-lS�4+�q., LENDER: / First SecurityBan .A By: . I /a-io_ Authorizdff Offic9i CORPORATE ACKNOWLEDGMENT STATE OF D rc� o 1 OFFICIAL SEAL ) esAlibi ALLEN D PEARCE COUNTY OF ) ��S L J �L S NOTARY PUBLIC -OREGON COMMISSION NO. 315784 MY COMMISSION EXPIRES AUG. 30, 2002 On this day of De:G,IW.iOtf 19�, before me, the undersigned Notary Public, personally appeared Peter J. Hell, President of Hslimarketing, Inc., and known to me to be an authorized agent of the corporation that executed the Hazardous Substances Certificate and Indemnity Agreement and acknowledged the Agreement to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she Is authorized to execute this Agreement and in fact executed the Agreement on behalf of the Corporation. By /, iz�e.,,— Ly. Residing at f1 1,S �- S CC vP; i Y a00--k- Notary 00 -k - Notary Public In and for the State of f%t C,jJ9h My commission expires /�q 30 t i d0 CORPORATE ACKNOWLEDGMENT • STATE OF QtVID t-\ ) OFFICIAL SEAL ) ss ALLEN D PEARCE COUNTY OF !%sClwS I NOTARY PUBLIC -OREGON COMMISSION NO. 315704 MY COMMISSION EXPIRES AUG. 30, 2002 On this 3a day of DeCClh+ V' , 19" , before me, the undersigned Notary Public, personally appeared Cindy L. Sohnrey-Hell, Vice-President/Secratery of Hallmarketing, Inc., and known to me to be an authorized agent of the corporation that executed the Hazardous Substances Certificate and Indemnity Agreement and acknowledged the Agreement to be the tree and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she is authorize to execute this Agreement and in fact executed the Agreement on behalf of the corporation. By e+ 'Z -1ONiP.I� Residing at _r/rS �- .Sef ori Ir 133 V,rL Notary Public In and for the State of My commission expireset+l 30 , ��Zr7 OpZ LENDER ACKNOWLEDGMENT :1 OWN STATE OF ��/� , i 1 OFFICIAL SEAL ss KAREN A SMITH // NOTARY P'..LIC - OREGON COUNTY OF �i , 77�,�/ I COMMISSION NO. 308628 MY M If SSm V EXROES JAN. 21.2002 n this G day of G> �Z-s,�r 19 9 % before me, the�darsigned Notar{ Public, personally appeared of r me to ba the /�C6' - p —f.�:; ,�` authorized agent for the Lender that executed the withiri and forego' g instrument and acknowledged said Instrument to be the free and voluntary act and deed of the said Lender, duly authorized by the Lender through its board of directors or otherwise, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this said instrument and that the seal affixed is the corporate seal of said Lender. By Residing at ef'Z � IJ c��✓ S Notary P lic In and for the State of /-.-0 i� p, �i My commission expires / / - �_...1` J 0 DEC -13-99 MON 09:41 AM DESCHUTES CO CLERKS FAX N0, 541 389 6830 P. 01 After Recording Return to; ,?f - 501d /--- / Sinters -Camp Shelman Rural F1re Protection District PO Box 824 Sisters, Orogon 97759 Pell FSRE SUPPRESSION AGRMENT Sisters -Camp Sherman Rural Fire Protection District This agreement is mado and entered into thi,, /sfiay of Nu✓�y���� 19, by arici between Sisters -Camp Sherman Rural Fire Protection bistrict, a mun M'pal corporation ormcd under Oregon Revise Statutes, Chapter 478, hereinafter called "District" and L°`* �`��^1 L!aX YAr.a q_j , hereinafter called "Landowner" for Fire suppressl,on servicer. 1. Servicg. The District hereby agrees for a period beginning on the dale of this agreement to answer any alarm for Structural fire or medical emergenc on the property described on Exhibit "A", attached hereto and by this reference incorporated herein. The type of response shall be that response s3 is deemed noceSsary by the officer in charge of the fire company or companies of the District answering any ,ueh alarm, the dispatcher or other officer in command, Thin agreement is specifically not designed to cover timber, forest, o.V field fires, 2. Consideration. In consideration of the service to be rendered by the District during the period covered by this agreement, Landowner agrees to pay 'the District a sum equal to the District's ove,Kall rate per $1,000 of assessed valuation before any offsets, as Computed on the value of all improvements and on the real properL•y to be protected, a. In oddition, Larldowner. will pay the um of $40.00 as an initial. fee LO offset. L•he $7,5.00 rcccrding fee and $15,00 for the Diatricl-'s fixe ernergenCy address sign, b. For Che first year, the amount shall he prorated with the amount due at the . time of signing. At each successive year, the amount shall be billed by the Fire District on November 1st and due no Inter than January lsL following tho billing, 3, Duration. This agreement shall be reviewed by the District on an annual basis. The agreement shall remain in full force and effect for d period of fifteen (15) yonra, unless the District chooses to terminate service or at such time as the property to be served is annexed to a governmental entity providing structural fire protection. If payment is not made when duo, 1t shall be deemed an account stated and subject to collection through all normal court prooe4s3es. Tile District; may terminate this agreement effective June 30 of any year by giving at least thirsty (30) days notice prior to Juno 30. 4• rAior R1, t. Any fire suppression or related service shall be subject to the prior right of the District to use any and all fire fighting or emergency response equipment for the purpose of fire fighting or responding to an emergency within the corpo,Cate limits of the District, or any other mutual aid agreement. it is further understood and agreed between the parties that the services to be provided by Lhe District under the+ terms of Lhis agreement are subject to the reasonable availability of personnel and equipment, Tr is further understood between the parties that the District is a volunteer department and that tho District shall only bo required to respond with reasonable diligence, taking into consideration that the District is a volunteer department, and alto taking 1,11to consideration the type, quantity and quA]3,ty of fire fighting and emergency response equipment which the District has available. The District shall not be responsible to the Landowner or anyona upon any property serviced by this agreement for any damage incurred resulting from the Di.etrict's inability to successfully combat any fire o.v respondd, to any emergency as promptly as might be expected from a full -Lime paid Lire department. This conveyance is accepted And a eel by the Sisi mp Sherman Rural Fire Prolcelion District on this 1" day of November, 1999. .Chairman of the Board DEC -13-99 MON 09:42 AM DESCHUTES CO CLERKS FAX NO, 541 389 6830 F. 02 *Py 5. Lrndowner!s_Oblinatigns. Landowner agrees as follows: 5 D 02, a. To make all payments as provided for under this agreement. b. To provide arty fire -prevention devices required by the District (e.g. smoke detecL•ors, fire-exL•inguishers, etc,). c. To provide year round access to all dwelling sites which meet the District's spgcificat:ions. d. To conform to arty and all, requirements of the District regarding water flows, water gtorage, hydrants and locations of such hydrants. e. To allow the Fire Chief or his designee to conduct such tine and safety inspections an they deem necessary for pre -fire planning and enforc®mant of rules of the state Fire Marshall,- OfZ* oe and State Fire Code. f, To advise the District of any hazardous materials, including the locaL-ion and amounts of such materials at the time they are brought upon the property, and further advise the District upon their removal., 6. Third Parties. The District, in providing service hereunder, will not be required to subject its personnel or equipment to hazards from actions or threatened Actions of third persons. r 7. Release of LL�ilty. The Sisters -Carni Sherman Rural Fira Protection District is manned primarily by volunteers and the parties agree that the individual members of the District shall incur no liability for the failure of members of the District to perform any of the duties of the Distxict under this agreement, It is further agreed that in case of fire or other emergency on the Landowner's property, District's radio dispatcher and commanding officer shall exercise his or her judgment from the information received in dispaLChing to the property Lhe arttount and type of equipment and fire fighters as the: District can spare at the time, No error In judgmenL• or action by the dispatcher or commanding officer shall create any liability on the part of the individual or District and shall not defeat the DisLrict's right to compensation under this agreement, • 8. Attorney's Feen, If any action is brought under this agrccmant by either party, the provail.i,ng party, in addition to damages awarded hereunder, shall be entitled to reasonable attorney's fees at both trial and appellate levels. 9. Consent to,-I{nnex. This agreement also includes the agreement of Landowner For this agreement to be considered a consent to annex to Sisters -Camp Sherman Rural Fire Protection District at any such time as annexation is required or -requested by the Board of Directors of the Sisters -Camp Sherman Rural fire Protection Wnrrine. This agreement- Shull run with the land and be binding on and shall inure to the benefit of, the Landowner, their heirs, succassors or assigns. STMED AND SWORN to before me this ay of 0110 � ter, 199 Li, by .t1_14) 1_t2'4 ,! �.tsl!I. n..lr. >, e i� , /► /mnary Pub OFFICIAL SEAL My Colrulli,ss SUSAN 8" 5r HoUCK N07AIiY PUBLIC • OREGON COMMISSION NO. 06325 T MY CONMI5610N EXPIRES AAAR ?7 �(t t C'1' M ®44a 6L -- Expires; 7e JUN -28-99 MON 08:03 AM DESCHUTES CO CLERKS FAX NO. 541 389 6830 P. 01 • AECLARA,TION DLSCLADENG Q17YT CLAM WEED ( Tho undersigned hereby declare the following facts to give notice Disclaiming a Quit Claim Deed executed and recorded without the, grantoe's authorization, 1. A Decd of Trust dated December 19, 1997 oxecuted by Albert 3L Wessex and Adelaida NL Weaser, as tenants by the entirety, grantor, In favor of Royal Mortgage Partners, bcneficiary, and recorded on December 30, 1997 as No. 475/0026, besehutes County Records, encumbers the following real property. Lot Fourteen (14), Block Orae (1), EdEewood South, Deschuta County, Oregon. Psuml #: 18 12 16DC 0000. 2, The beneficial interest of tines Deed of Trust was assigned by Royal Mortgage Partners to ContiMortgage Corporation by written instrument dated December 24, 1997 and recorded March 11, 1998 as No. 483/2291 Deschutes County Records, 3_ A quit olalm deed dated December 3, 1998 by Albert R Weaser and A.delaida M. Weaser, gator, to ContiMortgage Corporation, grantee was recorded on December 3, 1999 by written instrument recorded under No 98-5466, Deschutes County Redords_ 4. Said quit claim deed was never sought by CoutiMortgage Corporation, and was not accepted by CoatWortgage Corporation. No consideration was given for said quit claim deed. ContiMortgage Corp. hereby disclaims any acceptance of said quit claim deed_ SUA4 Dated this 14 day offifq,-1999. ContiMortgago 0 oratio by W. DA I its Gb PRESI STATE OF Ai t e'DA �. ) ss, COUNTY of IAur i c -Cr ) On this day pemmUy V"pmxved to xna I.—to be the _ of CondMortpS Corporation. the c=p M that evicewte d the within end fbrcgotag lnA modem, and bo 4*Aow1esW the said instru e t to be the fire 04 voluntary act and deed d said compsay, for the uses aid Imtiroscs *covin mcWoned, arld on. oatil Bawd that he is auellodud to dxcx ua the saidnt on bQ1Wf arcaid company. GIVEN UNDM MY HAND AND SEAL rids �02YJv ry l 9 oFFlput sou, NOTARY PUBLIC in end for the State of I KENT W. aUCHANAN residin nt f1�p1d My commission expires NOTARY PUBLIC -ARIZONA � z�` MAIMOOMA COUNTY . 'rM My comm. ExolAi Mar 00, 2001 jPo,9t.It'-ffi brand tax transmittal memo 7671 a of P°9e" � After recording, return + ram AmeriTItle 15 OREGON AVENUE, S pf Phone _„ I w n�. n /l lJr • VOL: 1999 PAGE: 60822 IM I Ilia 1304 R 10VI STATE OF OREGON COUNTY OF DESCHUTES 111111111111111111111111111111111111111111111111111111111111 * 1999-60822 * Vol -Page Printed: 12/23/1999 13:47:24 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Dec. 23, 1999; 1:47 p.m. 15270 Agreement $30.00 NUMBER OF PAGES: 5 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK • DPS qq.,. 4dkv, / CONDITIONS OF APPROVAL AGREEMENT THIS AGREEMENT, made and entered into by and between Deschutes County, a political subdivision of the State of Oregon, (County), and Roy B. and Marcia D Salmon, husband and wife (Developer), owner of certain real property described in Exhibit A, attached hereto and by this reference incorporated herein, Deschutes County, Oregon, as set forth in that certain Grant Deed, dated September 11, 1990, as recorded in Volume 218, Page 1570, of Deschutes County Book of Records (Real Property). WITNESSETH: WHEREAS County has granted approval of a land use permit AD -99-16 (Permit) for the Real Property upon the condition that Developer construct and maintain certain • requirements as specified therein; now therefore, IT IS HEREBY AGREED, by and between the parties, for and in consideration of the mutual covenants and agreements herein, as a condition precedent to the granting of final approval or occupancy, as follows: Scope of Agreement. This agreement affects the Real Property described above. This Agreement shall cover those improvements and requirements described in the section of this Agreement entitled "Conditions of Final Approval." Nothing in this Agreement shall require Developer to construct any improvements under the Permit, but if Developer undertakes the construction of buildings or structures, the division of real property or otherwise exercises the Permit, Developer shall be required to complete and maintain all improvements, as defined herein, in accordance with applicable County Ordinances and the Permit. Definition of Improvement. As used herein, "improvement" means any private or public facility or service such as roadways, bike paths, accessways, pedestrian walkways, landscape areas, sewage collection and disposal systems, water systems, lighting systems, parking lots, cable utilities, circulation areas, outdoor storage areas, service and delivery areas, outdoor recreation areas, retaining walls, signs and graphics, cut -and -fill areas, buffering and screening measures, street furniture, drainage facilities, or other similar improvements as approved and required in the Permit. Definition of Permanent Maintenance. As used herein, "permanent maintenance" generally means maintenance of the structures, improvements, and landscaping that are the subject of this Agreement in a manner that will keep such structures, improvements, and landscaping in good repair or good condition and in a condition that is not a hazard Conditions of Approval Agreement - Page 1 December 13, 1999 AD -99-16/A-99-8 &�U/y� % K-4AP-:7a2. o� to public safety. With respect to landscaping, Developer's obligations shall include, • without limitation, continued irrigation of landscaping and, where applicable, pruning of landscaping to guarantee required sight distances and to otherwise protect against hazardous conditions. With respect to drainage facilities, Developer's obligations shall include, without limitation, periodic cleaning of drainage ponds, drywells, or other drainage facilities of obstructions or silt that would limit the performance or effectiveness of drainage facilities. With respect to improvements, such as pavement and sidewalks, Developer's obligations shall include, without limitation, maintenance of the impervious nature of impervious surfaces, maintenance of evenness of surfaces so that such surfaces are not hazardous to the operation of vehicles or use by pedestrians. Construction and Permanent Maintenance. If Developer is required under the Permit to construct improvements of any kind or to install landscaping or plantings and Developer elects to proceed with development under the permit, Developer agrees: (1) to undertake the construction and landscaping required under the land use permit, as more specifically set forth in the conditions set out herein and in the land use permit; and, (2) in the event that this Agreement and the Permit do not expire as set forth herein, to the permanent maintenance of required landscaping and improvements. Enforcement. This Agreement shall be enforceable against any person bound by this Agreement in possession of or having fee title to the property. If any party bound by this Agreement defaults on the obligations set forth herein, the County shall be entitled to enforce this Agreement in equity. The prevailing party at trial or on appeal in any enforcement action shall be entitled to reasonable attorney fees and costs. This provision shall not limit County's rights to use other means provided by law, including but not limited to issuing a civil citation, to enforce the conditions of the Permit. • Authority of Signatories. By their signatures, all signatories to this Agreement signing in a representative capacity certify that they are authorized to sign on behalf of and bind their respective principals. Expiration. This Agreement and the Permit shall expire on its expiration date or by the revocation of the Permit or by the explicit release by the County from this Agreement granted as part of an approval for a change of use of the Real Property. Additionally, this Agreement and the Permit shall automatically expire upon the foreclosure of any prior encumbrance upon the Real Property which results in the extinguishment of this Agreement. No Partnership. County is not, by virtue of this Agreement, a partner or joint venture of Developer in connection with activities carried on under this Agreement, and shall have no obligation with respect to Developer's debts or any other liabilities of each and every nature, and is not a guarantor of the Developer, the project, or the work to be performed. Limitations. Should this Agreement violate any constitutional or statutory provision, it shall be void. Persons Bound by Agreement. The original of this Agreement shall be recorded with the Deschutes County Clerk and shall run with the land. It is the intent of the parties that the provisions of this Agreement shall be binding upon the parties, the parties' successors, heirs, executors, administrators, and assigns, or any other parties deriving any right, title or interest or use in or to the Real Property, including any person who holds such interests as security for the payment on any obligation, including the Mortgagee or other secured party in actual possession of the Real Property by Conditions of Approval Agreement - Page 2 December 13, 1999 AD -99-16/A-99-8 �- �aPza.3 foreclosure or otherwise or any person taking title from such security holder. • Conditions of Final Approval. The following are the required conditions of final approval for the Permit: This approval is based upon the submitted site plan and building elevation drawings in record, modified as required by this decision. Any substantial change to the approved proposal will require a new land use application and approval. 2. The applicants shall submit to the Planning Division new elevation drawings for all sides of the dwelling, drawn to scale and with the scale noted on the drawing, showing the finished grade and demonstrating that the roof peak will be no higher than 36 feet from the finished grade on any side of the structure. These new drawings shall be submitted before any construction permits can be issued for the dwelling. 3. The roof of the dwelling shall be a dark, non -reflective earth -toned color. The applicants are encouraged to cooperate with appellant in selecting the roof color. 4. All trees on the property located east of the proposed dwelling site shall be retained. DATED thi%;,I� day of T)W, 199,2. DESCHUTESUNTY COMMUNITY • DEV�F OPME ;eRTMENT GEORG J. ALAIJ, Director STATE OF OREGON, County of Deschutes: ss. Before me, a Notary Public personally appeared GEORGE J. READ, the above named Director of Deschutes County Community Development Department, Deschutes County, Oregon, an acknowl ged the f regoing instrument on behalf of Deschutes County, Oregon, this'51 day of 199. OFFICIAL SEAL SANDRA L RINGER Nota Public for Oregon NOTARY PUBLIO.OREGON My Commission Expires: 00 COMMISSION NO. 307397 MY COMMISSION EXPIRES DEC. 4, 2001 L_J Conditions of Approval Agreement - Page 3 December 13, 1999 AD -99-16/A-99-8 W -404U-4( • DATED this day of '1991. '• • Marcia D. Salmon I certify that I know or have satisfactory evidence that Roy B. Salmon and Marcia D. Salmon, husband and wife, are the persons who appeared before me, and said persons acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. STATE OF e"1� COUNTY Oi7 �' SC-�i,u.#� � ss Notary Public for Oregon My Commission Expires: • /sir -08/98 • - PFICIAL SEAL 4 BONNIE BAKER NOTARY PUB OREGON COMMISSION NO. 021026 M COMMISSION EXPIRES FEB. 23 2003 Conditions of Approval Agreement - Page 4 December 13, 1999 AD -99-16/A-99-8 r� U • #140?W-5 Exhibit "A" That certain real property situated in Deschutes County, State of Oregon, described as follows: In the East One-half (3 1/2) of Section Six (6), Township Fifteen (15) South, Range Eleven (11), East of the Willamette Meridian, Deschutes County, Oregon: Beginning at the Northeast corner of said Section 6, which corner is the Northeast corner of Parcel 1 and the true point of beginning; thence along the East line of said Section 6, South 00007155" East 2621.83 feet to the East one-quarter corner of said Section 6; thence continuing along the said East line of Section 6, 00°04140" East 93.28 feet to the Southeast corner of Parcel 1; thence leaving said East line and running along the South line of that property described in Circuit Court Decree No. 25379.(dated July 2, 1980), being also the South line of Parcel 1, North 88024159" West, 2645.97 feet to the Southwest corner of Parcel 1 of the West line of the East one-half of said Section 6; thence along said West line, North 01013147" West, 1518.40 feet to the Southwest corner of Parcel 2; thence leaving said West line and running along the South line of said Parcel 2 due West 1016.53 feet to +-°-e point of tangent on the West right of way line of Butcher Block Boulevard, a public road; thence along said West right of way line and the East line of said Parcel 2, North, 620.40 feet to the Northeast corner of said Parcel 2; thence across said right of way, due East, 60.00 feet to a point on the East right of way line of said Butcher Block Boulevard; thence along the South line of Parcel 3, due East, 354.04 feet to a point; thence North 21044132" West, 548.29 feet to a point on the North line of said Section 6, said point being also the Northwest corner of Parcel 1; thence along said North line, South 89046118" East, 1443.93 feet to the aforementioned Northeast corner of said Section 6 and the true point of beginning. EXCEPTING THEREFROM that portion lying South and West of the East and North right of way of Butcher Block Boulevard. Assessor's Parcel No. 15 11 06 100 Situs address: 69150 Butcher Block Oregon 97759. 1 Boulevard, Sisters, ,. FO NT CERTIFICATE OF NON-MILITARY SERVICE RE: Trust Dssd from Larry K. Nuttall ---------------------------- ---------------------------------- TO First American Title ---------------------------------- ---------------------------------- ------------------I;K --------------------- -------------------- at y --------------------- -------------------------------------------------------- Trustss sr rsoordlnp, return to Nems Addn , 21p): Tamara E_ . Mc`=s _ --Rarnopp Petersen, e --------- ---1201-_NW Wall -Street, -Suite -30b ------- ------BeOR- 97-1957 ------------------------- - end- nd -----7701701------7 ----------------------- STATE OF OREGON, Deschutes ss. Countyof ---------------------------------------- THIS IS TO CERTIFY that I am the _ attorney and authorized representative--for--the ___________ �:-�Tut�:all-------------------------------------------------------- beneficiary in that certain trust deed in which - Larry---------------------------------- -------------------------------------------------- -----------------------------------------------------------------, as grantor, conveyed to First American_ Title--------- ___ nY______________________________ as trustee, certain real proyrty in __�nschutes--------------------- County, Oregon. The trust deed was dated _APYil_28_____________ 19_ -�_, and recorde"KP _30____________________ --------- ---- 19 ---- in the Records of that count , in bookk�__ 446 _ at page 1206 ---------- and/W as f.@@ Gs instrument/ i++iere� No. __9-7-l4747____ (indicate which). Thereafter, a Notice of Default with respect to the trust deed was recordedJuly _1 --------------------------- ---------------_ 19 99_, in baaltr &Wvolume __1999__________ at page _32721 __ of the Records, and1m as feeff+is/instrumenthnaeret iovt4eeeption No. _ 99'32721-1 (indicate which). Thereafter, the trust deed was duly foreclosed by advertisement and sale, and the real property covered by the trust deed was sold at the trustee's sale on --- Noo r_ 23 ------------------- 19.99. I reasonably believe that, at no time during the period of three months and one day immediately preceding the day of the sale, and including the day thereof, was the real property described in and covered by the trust deed, or any interest therein, owned by a person in the military service as defined in Article I of the "Soldiers' and Sailors' Civil Relief Act of 1940," as amended. In construing this certificate the singular includes the plural, "grantor" includes any successor in interest to the grantor, "trustee" includes any successor trustee, and "beneficiary" includes any successor in interest to the beneficiary named in the trust deed. --------------- AMARA E' MacLDOD, Attorney and Authorized Representative for Beneficiary This instrument was acknowledged before me on _____Novi r23 __, 19 99_, ---------------------- by -TAMARA E. MaCLEOD -- -- ----------------- Notary -Pu lic for Oregon F*ISSION OFFICIAL SEAL My commission expires _`j__ll_Q ________________ELIZABETH L NELSONNOTARY PUBLIC -OREGON COMMISSION NO. 325161 EXPIRES JULY ti 2003 TATE OF OREGON, NO �O Q DAB e t� County of -------------------------- J ss. I certify that the within instrument was received for record on the ------ day of------------------------------, 19-----, at _-__-__-__- o'clock -----.M., and recorded in book/reel/volume No. ___________ on page SPACE RESERVED _______________ and/or as fee/file/instru- FOR ment/microfilm/reception No. ______-_ RECORDER'S USE Records of said County. Witness my hand and seal of County affixed. --------------------------------------------- NAME TITLE By--------------------------------, Deputy STATE OF OREGON, Deschutes ss. Countyof ---------------------------------------- THIS IS TO CERTIFY that I am the _ attorney and authorized representative--for--the ___________ �:-�Tut�:all-------------------------------------------------------- beneficiary in that certain trust deed in which - Larry---------------------------------- -------------------------------------------------- -----------------------------------------------------------------, as grantor, conveyed to First American_ Title--------- ___ nY______________________________ as trustee, certain real proyrty in __�nschutes--------------------- County, Oregon. The trust deed was dated _APYil_28_____________ 19_ -�_, and recorde"KP _30____________________ --------- ---- 19 ---- in the Records of that count , in bookk�__ 446 _ at page 1206 ---------- and/W as f.@@ Gs instrument/ i++iere� No. __9-7-l4747____ (indicate which). Thereafter, a Notice of Default with respect to the trust deed was recordedJuly _1 --------------------------- ---------------_ 19 99_, in baaltr &Wvolume __1999__________ at page _32721 __ of the Records, and1m as feeff+is/instrumenthnaeret iovt4eeeption No. _ 99'32721-1 (indicate which). Thereafter, the trust deed was duly foreclosed by advertisement and sale, and the real property covered by the trust deed was sold at the trustee's sale on --- Noo r_ 23 ------------------- 19.99. I reasonably believe that, at no time during the period of three months and one day immediately preceding the day of the sale, and including the day thereof, was the real property described in and covered by the trust deed, or any interest therein, owned by a person in the military service as defined in Article I of the "Soldiers' and Sailors' Civil Relief Act of 1940," as amended. In construing this certificate the singular includes the plural, "grantor" includes any successor in interest to the grantor, "trustee" includes any successor trustee, and "beneficiary" includes any successor in interest to the beneficiary named in the trust deed. --------------- AMARA E' MacLDOD, Attorney and Authorized Representative for Beneficiary This instrument was acknowledged before me on _____Novi r23 __, 19 99_, ---------------------- by -TAMARA E. MaCLEOD -- -- ----------------- Notary -Pu lic for Oregon F*ISSION OFFICIAL SEAL My commission expires _`j__ll_Q ________________ELIZABETH L NELSONNOTARY PUBLIC -OREGON COMMISSION NO. 325161 EXPIRES JULY ti 2003 ------------------------- 1b • s VOL: 1999 PAGE: 56448 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES 41999-56448 * Vol -Page Printed: 11/24/1999 15:21:27 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Nov. 24,1999; 3:21 p.m. 14215 Affidavit of Non -Military Service $10.00 NUMBER OF PAGES: 1 V-,� �a, 0,-41� MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK • IFis�-7-1s RECORDED BY ::3NTITLE & ESCRO•. Cts - AFTER RECORDING RETURN TO: SHAPIRO & KREISMAN 522 S.W. 5th Avenue Suite 915 Portland, Oregon 97204 (503) 241-0772 99-13460 ? �_ /-//Z// 00- / CERTIFICATE OF NON-MILITARY SERVICE STATE OF .5:w ) ) SS. County of LVJ yx-t, ) THIS IS TO CERTIFY THAT I, Gail Fex, am the Vice President of Fleet Mortgage Corp., fka Fleet Real Estate Funding Corp., the current beneficiary in that certain trust deed in which Michael S. Turpin and Debra M. Turpin, husband and wife, as grantor, conveyed to First American Title Co., as trustee, certain real property in Deschutes County, Oregon; which said trust deed was dated July 28, 1993, and recorded August 5, 1993, in the mortgage records of said county, in Book No. 307, at Page 2531, as 93-26868; thereafter a Notice of Default with respect to said trust deed was recorded May 18, 1999, in Volume 1999, Page No. 24455 of said mortgage records; thereafter the said trust deed was duly foreclosed by advertisement and sale and the real property covered by said trust deed is scheduled to be sold at the trustee's sale on September 22, 1999; I reasonably believe at no time during the period of three months and one day immediately preceding the day of said sale and including the day thereof, was the real property described in and covered by said trust deed, or any interest therein, owned by a person in the military service as defined in Article I of the "Soldiers' and Sailor's Civil Relief Act of 1940," as amended, or legally incompetent under the laws of the State of Oregon. In construing this certificate, the masculine includes the feminine, the singular includes the plural, the word "grantor" includes any successor in interest to the grantor, the word "trustee" includes any successor trustee, and the word "beneficiary" includes any successor in interest to the beneficiary named in said trust deed. . �C Date: Nq Fleet Mortgage Corp., tka Fleet Real Estate Funding Corp. y ()Jtl'. TITLE GAI H. EX, E SDENT , a i • .c 1 STATE OF WISCONSIN ) SS. COUNTY OF MILWAUKEE) On this vday of , 190 before me the undersigned a Notary Public appeared GAIL H. FEX U personally known to me or proved to me on the basis of satisfactory evidence to be the VICE PRESIDENT of the corporation that • executed the within instrument, also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, the date first hereinabove written. R. otary Public f Sta indicated abo N 0 TA R Y G My commission expires: 9-5-99 PUBLIC y � ��y�.OF WIZ 0 0 40 -------------------------------------- VOL: 1999 PAGE: 41418 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES 199941418 * Vol -Page Printed: OV25/1999 15:12:50 I DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Aug. 25,1999; 3:01 p.m. 10438 Affidavit of Non -Military Service $15.00 NUMBER OF PAGES: 2 Lv� a, �-, � MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK CANCELLATION OF CERTIFICATE OF SALE, SALE 5/99 d L� • 1, GREG T. BROWN, Sheriff, do hereby certify that I am duly elected, qualified, and acting Sheriff of Deschutes County, Oregon, That Certain Certificate of Sale No. 99-28, recorded in Volume 1999, Page 22517 on May 6, 1999, duly made and entered for the purpose of selling the following described land is hereby CANCELED. Lot Twenty-five (25), Block Thirteen (13), Oregon Water Wonderland Unit No. 2, Deschutes County, Oregon. NAME AND ADDRESS OF PURCHASER: Carolyn M. Poage 65260 Highway 20, W Bend, OR 97701 THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK 'WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. • DATED this /6 _ day of June, 1999. GREG T. BROWN, SHERIFF DESCHUW COUNTY, EGON By: fj Ziegler ivi echnician STATE OF OREGON : ss County of Deschutes County ) Personally appeared before me this day of June, 1999, P. J. Ziegler, Civil Technician, Deschutes County Sheriffs Department, and acknowledged the foregoing to be her voluntary act and deed. OFFICIAL SEAL VICKIE M BRANSKY NOTARY PUBLIC -OREGON 0 COMMISSION NO. 311581 MY COMMISSION EXPIRES MAY 29, 2002 • After recording return to: Deschutes County Property Management 1130 NW Harriman, Bend, Oregon 97701 PAGE 1 OF 1 — CANCELLATION OF SHERIFF'S CERTIFICATE OF SALE Notary Public for Oregon My Commission Expires: 5_0 1�4 01 s f CERTIFICATE OF SALE- SALE 5/99 I, GREG T. BROWN, Sheriff, do hereby certify that I am duly elected, qualified, and acting Sheri of Deschutes County, Oregon, At a public auction held at the at the Oregon National Guard, 875 SW Simpson Avenue, Bend Oregon, pursuant to Deschutes County Board of Commissioners' Order No. 99-056, heretofore duly made and entered for the purpose of selling certain County owned lands acquired through taax foreclosure proceedings and other means, I did on this date sell the following described lands to the following named person(s) for the amount indicated, said person(s) being the highest and best bidder therefore at such sale, to wit: Lot Twenty-five (25), Block Thirteen (13), Oregon Water Wonderland Unit No. 2, Deschutes County, Oregon. //�� NAME AND ADDRESS OF PURCHASER: IaL.Y'o I W n M. Powe. -7-7 1 SELLING PRICE: AMOUNT PAID: Principal: $ 1 Recording fees: $ $ (n, IaO°D TOTAL: $ 1'bqY°� Sale of real property herein described is subject to approval and confirmation of sale by the Deschutes j County Board of Commissioners, and to the right of any municipal corporation to purchase such property as provided by law, a deed will be furnished in due course by Deschutes County. Recording of said bargain and sale deed by Deschutes County will serve to cancel and replace this Certificate of Sale. In the event such sale shall not be approved, or said property shall be purchased by a municipal s corporation, the above sum(s) shall be refunded to the above named purchaser(s) at the above described address. This Certificate of Sale is not assignable or transferable. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICTPROTECTING STRUCTURES. THEPROPERTY IS SUBJECTTO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND. EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. DATED this 6`s day of May, 1999. CERTIFICATE NO. 99-28 GREG T. BROWN, SHERIFF DESC TES COLTNTY, OREGON By: PJ ' gle Civil Technician Subscribed and Sworn to before me this y of May, 1999. Notary Public for Oregon My Commission Expires: 6/18/99 (Place-notarystamp below.) • ^• , 4 or'c1l,AL NOTARYUSLLIIG-Lr AC v 3 CCIMKISSION NO. C..';€;; .;3 MyC.:`.13a11,35bN a:xpors oN ju I!:10, After recoil g hitit�iti`'''•1. Deschutes County Property Management 1130 NW Harriman, Bend, Oregon 97701 PAGE 1 OF 1- SHERIFFS CERTIFICATE OF SALE (Below reserved for recording purposes only.) /A -os. /3o Za) ea ld ,be, 7-i fle l . V After Recording, Forward All Tax Statements To1y h-. >l, /I-,- -111�11s ^ ---- A — +11eb - =4" 4k d r SI1-�-� of Real Property Sold on Execution (by Mortgagor or Judgment Debtor) STATE OF OREGON, I County of Deschutes )ss. This is to certify that by virtue of a writ of execution issued out of the Circuit Court of the State of Oregon for Deschutes County dated, October 2, 1998, upon a judgment rendered in favor of Anita H. Cannaday, aka Sam Cannaday, and against Ronald E. Moon and Shellie Waite, all interest of the judgment debtors had on and after August 11, 1997, in the following described real property, situated in the County of Deschutes, State of Oregon, described as: Lot 67, Unit 3, Bead Cascade View Estates Tract 2, Deschutes County, Oregon Which said "Property" was sold to Anita H. Cannaday, the highest bidder therefor, and a certificate of sale was issued to the purchaser, as required by law, on the 19"' day of November, 1998. The "Property' was redeemed from the purchaser, Anita Cannaday , by the redemptioner, Kathleen Moon, assignee of Shellie Waite, judgment debtor, who paid the sum of $ 520.47 (Five Hundred Twenty and 47/100 Dollars) being Amount for which said property sold .................. $500.00 Interest thereon at nine percent per annum 20.47 Taxes, etc, paid by purchaser .00 Lien of .00 Total $ 520.47 Therefore, upon issuance of this certificate the redemptioner, Kathleen Moon, assignee of Shellie Waite, is declared to be restored to her estate according to law. Dated the 5t' Day of May, 1999, Greg Bro n, Deschutes County Sheriff i By / P Zie r, Ci Deputy v STATE OF OREGON, County of Deschutes) ss Before me, a Notary Public, personally appeared the above named Peggy Ziegler, Civil Deputy, and acknowledged the forgoing instrument on behalrof the Deschutes County Sherif Date: 1 C�S 1999. y co to ission e i es: t O ' c -) i UBLIC NOTARY FOR OREGON OFFICIAL 'ILA REBECCA SUE MALLIN NOTARY PUBLIC•ORLOON COMMISSION N0.317, #"o'MISSION EXPIRES OCT 28, 2002 ---- y --------- � h ,.: • 0 is VOL: 1999 PAGE: 43124 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *1999-43124 * Vol -Page Printed: 09/03/1999 11-59:50 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Sep. 3, 1999; 11:36 a.m. 10839 Bill of Sale $5.00 NUMBER OF PAGES: 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK e 4. ---------------------- — k 119- FORM No* OF SALI—Iiiallieldvoll Sailor, COPYRIGHT 1981. - TK BILL OF SALE THIS INDEjVTUfFj, ttlfN*ESSF�T#,.,,Tkat*4Vo*nside4atiortot toe fug Ql* 0 1 NE "I HUNDREDI * * 1* FIVE .................. THOUSAND, I and00 ........ ............... ........... I .......... . ......................................................................... Dollars, (,5..-105,000.00......) - .. .. ... . ... I . .. the receipt whereof hereby is acknowledged, I the undersigned seller, hereby grant, bargain, sell, transfer and de- liver unto _.R1CHARD..A­.KAY ................................... ......................................................................... hereinafter called buyer, the following described personal property, now being and situate _--52Q46 ..94q..WICKIUP ROAD.. ................ .......................... .......................................................................................................................... j4AP ]R..9�7739 .. q ........................................ .... ............ in State of .......OREGON .......................... , County of ........Pi SCi AS ....................... .......... to -wit: ALL BUILDING AND IMPROVEMENTS NOW LOCATED ON THE ABOVE REFERENECED PROPERTY WHICH IS ALSO KNOWN AS DESCHUTES COUNTY TAX MAP 022 09 04CC 00100 DI AKA LOT 1, BLOCK 11 AND LOT 2, BLOCK 10 OF HANER PARK, LAPINE, OREGON. INCLUDED WITH THE IMPROVEMENTS SHALL BE: WASHER, DRYER, QUEEN ANNE STOVE, REFRIGERATOR AND BIG BED UPSTAIRS. RKordW by kmdTb as an =111111111MIlift ". No bbft bummfor ftmadwof 0 orlor tbs validity, uffiderp. oraftaIftlumst IIF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) TO HAVE AND TO HOLD, the same unto the buyer and buyer's executors, admkdstrators, successors and assigns forever. And 1, the seller, hereby covenant to and with the said buyer that I am the owner of said personal property, that the same is free from all encumbrances .................................................................................................................................... that I have a good right to sell the same, and that I, my heirs, executors and administrators shall warrant and defend the same against the lawful claims of all persons whomsoever. WITNESS ................................hand...... this ..... 25.0 ............... day of..A49.94 ................. 19.99.... W. JOHN .............. ................. TOM .............................................................................. I ................ I .......... STATE OF..._.....OREGON ..................... ...... .1 as. . ........................................................................................................... County of ..... DESCHUTES .................... 1, TOM W. JOHNSON ------................................... ----- * ...... * --- * ... ... ** ... *- being first duly sworn, depose and say that ........I...............the sole owner...... of the property described in the foregoing bill of sale, that the same has been paid for in full, and that on this date the same is free and clear of liens and encum- brancesof every kind and nature ...................................................................................................................................................... .................................................................................................................................................................................................. ................. ... ...................................... I .......................................................................... I ...... I ...................................................................... ................. TOM W. 'OM W. JOHN OFFICIAL SEAL ............ ........................................................................ ............ R H KNOELL Subscribed an orn to before me U U 4�� 1 NOTARY PUBLIC -OREGON A COMMISSIONNO. ONM ..... .1 .............................................................. MY COMMISSION EkPIRES JULY 16. 2W ...................................................................... v After reoDrding, return tL Notary ublic for .......... Oregon ..... ..000 ....... ....... 7-1 6.. — 2 Ameffntle M7 commission expires ................................................................ r10hLAVMV-ErL.._8ENL_ _._ BILL OF SALE 0 DEC -03-1999 14:31 Dennis C KCa*nopp Jamas E Petersen James D. Noteboom Marlin S Hansen • Howard G..lrneu nomas J. Som •#+ Ronald L. Roome 00 •-tiroadminedisWaxhftim •• Aho admitted ht Cdpwia + U9 in TaWIM Karnopp, Petersen Noteboom, Hansen Arnett &Saveg,LLP ATT0RNEY8 AT LAW AtI NPROO 11 One 1201 MW 1ran,5ltntet ad& 300 sssd ampm 97101-1957 (541) 382-3011 FAX TRANSMISSION COVER PAGE DATE:,,, or w9 w TO:C FAX: FROM.IkCA 04 RE- FILE NO.: NUMBER OF PAGES (including cover page): CONFmoff uff NOTICE P.01/04 ASSOCIATES: Brent S. KhAnde 779M. Lewis Wllllme R Buchanan Ow.droJ' M. Whiting Tamerp L, MacLeod Philip R. Anderson Pau! D. Dewey, Of cmud PAX (54/)388.5410 E•Mai(: mall®karnopp.com 1;0 pv rA t-7 X011 M The information conamed In shit tacsimtle ttttasage is ATTORNEY PRIVII.>3 M AND CONFmiNTIA►L mpORMATION loW dcd qWX for the use of the indivi" or entity pptped herein, If the reader of this mecuge is nit the intended recipient or the employee or agent tttpondUe for delivering it to cite intended reeip{es%, year are hint by nodfled chef any dissemitration, dkw ttaon or copy of this communication is strictly prohibited. If you lave received titin communication In error, ph= immedla sly notify us by telephone and rewn the original message to us at die Bend. Oregon. address givers above via the United States Postal Servi=. you. v PLEASE CONT T THE ABOVE NUMBER IF YOU NAD ANY TROUBLE RECEIVING THUS TRANSMISSION. THANK YOU. DEC -03-1999 14:31 P.02iO4 1 ASS-UIVIPTION OF GRANTOR'S OBLIGATIONS UNDER NOTE AND TRUST DEED "Beneficiary" ELIZABETH M. EDMISON "Grantor" NOAH LEMAS "Obligor" LEMAS, INC., an Oregon corporation RECITALS WHEREAS, Grantor mistakenly took title to the real property described below (the "Property") as an individual rather than as President of Obligor and at the same time assumed obligations under a note and trust deed as an'individual rather than as President of Obligor; WHEREAS, the parties now desire to correct the above-described mistake and place title to the Property in the name of the Obligor and have the Obligor assume Grantor's obligations thereunder; NOW, THEREFORE, it is hereby agreed as follows, • ASSUMPTION In consideration of the transfer of the real property by Grantor to Obligor, Obligor hereby assumes all of Grantor's obligations under that certain Note between the Beneficiary and Grantor dated May 28,1999 and the Trust Deed dated May 28, 1999 between the Beneficiary, Grantor and Amerititle, Inc., as Trustee, which Trust Deed was recorded June 11, 1999 at Volume 1999, Page 29049, Deschutes County Official Records, and which encumbers the following real property: Lot Nine (9) in Block Thirty-six (36) of NORTHWEST TOWNSITE COMPANY'S SECOND ADDITION TO BEND, Deschutes County, Oregon, according to the official plat thereof on file in the office of the County Clerk of the County of Deschutes and State of Oregon. Said Note and Trust Deed are valid and the obligations are current in every respect, and Grantor has performed all terms and conditions required of Grantor thereunder without default. All payments required under the Note are current. This Agreement shall be binding upon the heirs, successors and assigns of the parties hereto. The laws of the state of Oregon shall govern this Agreement, • Page 1. ASSUMPTION OF GRANTOR'S OBLIGATIONS UNDER NOTE AND TRUST DEED 6703.10019gaj.ago Karnopp, Petersen, Noteboom, Hansen, Arnett & Sayeg, LLP ATTORNEYS AT LAW Rirxvointe One • 1201 N. W. wall &YM, suikr 300 • BenA Ormon 97701-1957 �s t1 Dk-03-1999 14:31 P.03iO4 is DATED this day of , 1.999. STATE OF OREGON ) ) ss. County of Deschutes ) The foregoing instrument was acknowledged before me this Zf*day of 1999, by NOAH LEMAS. O FICI s�►L otaryNEC o gon CNRISTYJ VER LLION NOTARY PUBLIC-ONLQpN COM Missl 16OFe1772 ACCEPTANCE OF ASSUMP'T`ION DIY MIS910N E:XPIREB FEB 1 X001 OWMS Obligor, for valuable consideration as described herein, hereby assumes all of the obligations of the Note and Trust Deed, and agrees to be as fully and completely bound by said Note and Trust Deed as was Grantor. DATED this Z day of _ 1 v c,� '1999. "Obligor" LEMAS, INC., an Oregon corporation President Page 2. ASSUMPTION OF GRANTOR'S OBLIGATIONS UNDER NOTE AND TRUST DEED 5703.1.\00199aj.ago Kamopp, Petersen, Noteboom, Hansen, Arnett & Sayeg, LLP ATTORNEYS AT LAW RiMP00W one • 1201 N.W. Wdll Street, sLire300 , Hand, OnWon 97701-1957 • (541)382;3011 D'EC-03-1999 14:31 . STATE OF OREGON County of Deschutes • ss. The fnrevninv instnimmt waS acknowledged before me this Z9itday of 19, by NOAH LEMAS, as President of Lemas, Inc. Beneficiary hereby acknowledges the above assumption by Obligor and agrees to render to Obligor the performance due to Grantor by the terms of said Note and Trust Deed. Beneficiary acknowledges that Grantor is not in default under the Note and/or Trust Deed, and that the Note is current in all respects. Further, Beneficiary hereby releases Grantor from any and all of its obligations under the Note and Trust Deed, and agrees that Obligor shall hereinafter be solely responsible for each and every obligation under the Note and Trust Deed. Finally, Beneficiary hereby consents to the transfer of title of the Property from Grantor to Obligor and the recording of a second trust deed against the Property for security of an additional note executed by the Obligor, so long as such trust deed remains junior in priority to the Trust Deed. DATED this '.D day of, 1999. 494 "Beneficiary" STATE OF OREGON ) ) ss. County of Deschutes ) I7 The foregoing instrument was acknowledged before me this day of Vs� , 1999, by ELIZABETH M. EDMISON. SAMH BTlNItVff NotrW au "1 leo . iszaoo Page 3. ASSUMPTION OF GRANTOR'S OBLIGATIONS UNDER NOTE AND TRUST DEED 6703.1\00199aj.ago Karnopp, Petersen, Noteboom, Hansen, Arnett & Sayeg, LLF ATTORNM AT "W Rdtwpointe One ' IM N W WallStftat, Sutte300 ' Bend, Omgon 9 7701-195 7 . (541) 382-3011 r Susie Penhollow From: Rick Isham [rick_isham@deschutes.org] Sent: Wednesday, January 12, 2000 11:08 AM To: Susie Penhollow Cc: Bruce White Subject: Mislabled Documents Documents that are executed prior to January 1, 2000, and are presented for recording after January 1, 2000, that would be recordable if properly labeled may be recorded. For example, if a document is labeled "Release of Security Interest," executed October 1, 1998, is presented today for recording, and upon examination it should be clearly labeled as an "Assignment of Trust Deed," it should be recorded as an assignment of a recorded document even though the label is incorrect, because the label predates the change in the law and the label was not improper at the time of execution. G C_ 1 9s-39025 510 - 0992 ctECC13CEJ UY t-:FINTITLE Y, ESCRC)lilll.C \/ ASSIGNMENT THIS ASSIGNMENT OF TRUST DEED made this 28" day of August 1998 by FLOYD E. BURKS, ASSIGNORS -DEBTORS to W. DAVID MCCONNELL and JOY LEE McCONNELL, TRUSTEES OF THE W. DAVID AND JOY LEE McCONNELL TRUST DATED SEPTEMBER 4, 1997, at Bend, Oregon, ASSIGNEE -SECURED PARTY: WITNESSETH: That the Assignors in consideration of $50,000.00 to them paid by the Assignees, do hereby grant, bargain, sell, assign and set over unto the Assignees, all of the Assignors right, title and interest, including the right to receive payments in and to that certain Trust Deed dated ,_, 1998, between Lylah J. Akers, as Grantor, and Floyd E. Burks, as rsenenclary, said Trust Deed being recorded q- 1998, in Book , Page 579 for as Microfilm No. q �- 3 `t� (indicate which)] official records of Deschutes County, Oregon, together with all of Assignors' right, title and interest in and to the real estate described therein, the collateral herein, to wit: Lot Fourteen (14), SILVER LAKE ESTATES, Deschutes County, Oregon. hereof. TO HAVE AND TO HOLD the said Trust Deed and premises with all appurtenances unto Assignees, their heirs, successors, administrators and assigns forever subject to the following terms and conditions. This assignment is intended to secure the payment of a promissory note dated August 28, 1998, in the amount of $50,000.00 made by the Assignors to the Assignees. Assignors expressly covenant and warrant to the Assignees that they are the owners of the Beneficiary's interest in said Trust Deed, and that they have the right to make this assignment. Assignors further covenant and warrant that they will pay said note with interest according to the terms thereof, that while any part of said note remains unpaid, they will promptly and faithfully perform all of the terms and conditions of said Trust Deed. NOW THEREFORE, if said Assignors shall keep and perform the covenants herein contained, and shall pay said note according to its terms, this assignment shall be void; but otherwise shall remain in force and secure the performance of all said covenants and the payment of said note; it being agreed that a failure to perform any I 1,0VD F. BURRS ASSIGNOR N. DAVID & JON I.El? A-icCONNFI I 'fl HST ASSIGNEE AFTER RECORDING RETURN T0: ig ._fry.; 510 -0993 covonant herein, the Assignees shall have the option to declare the whole amount unpaid on said note or on this Assignment at once due and payable, and this Assignment may be acted upon any time thereafter. In the event of any default by the Assignors, the Assignees shall have all rights and remedies provided by law, including specific performance of said assignment, and in addition the Assignors will peaceably surrender said premises or said contract to the Assignees upon written demand therefor, and execute any and all appropriate documents required. All remedies of the Assignees shall be cumulative. Assignees may sell the Seller's interest in the collateral at public or private sale and Assignees may purchase at said sale. If the Assignee's realization on the proceeds of the collateral obligation • , hereunder, exceeds the sums due the Assignees on Assignors obligation hereunder, ? including costs of the sale, the Assignors remain liable to Assignees for any deficiency. In the event of any suit or action being instituted to enforce this Assignment, Assignors agree to pay all reasonable costs incurred by Assignee for title reports, and all statutory costs and disbursements, and reasonable attomey fees in the trial or appellate courts, and all such sums to be secured by the lien of this assignment and included on the decree of foreclosure. Each and all of the covenants and agreements herein contained shall apply to and bind the heirs, executors, administrators and assigns of said Assignors and Assignees respectfully. IN WITNESS WHEREOF, the parties hereto have executed this Assignment the day and year first above written, FLOYD E. BURKS STATE OF OREGON ) )SS. COUNTY OFDESCHUTES ) The foregoing instrument was acknowledged before me August 28, 1998, by Floyd E. Burks. Not ry P blic for Ore n My Com ission Expires: Y Cl - O 0 _ I W C 7 O vv= V) ♦. L, � .r 1} N C O V I(Ins' "M "I • Ts"M nrtO (AtIlare,.n1 A..trkl.dl ,) `t1J COP" Mrale itMNe MN Lwv atauYws000.I'OrIttAW. da eta — � 510 . 0579 RECORDED UY : rrgl l TIT! r- ', SSCP0% 00 �� ro TRUST DEED _ LY.Lntf J.. AKER5._ .. .a 5w • • -... _.. _..686.75_F1WY.:20..EAST .:.._••---•-•. SISTERS, .OR 97759.. .................. #1 .., f,LOYD X.—BURKS......... C i f'.O..BOX..S89G:� w Ac c!i ...... .BEND...OR_.97708 r" _.._ e.n.a.l.ry's M. and �.1ddN.. • • • • • • s-0se.. O M ,� 0, , ws' ii y■�[ An.r r.sendNp, Mi t. fNsm., Addr—, atp). ....................... .._. ...... .. IIy a fes. Dcputy THIS TRUST DEED, rnnde this ........................... day of .......................•.....,..... 19........,., between I YLAII J . AKERS .................. sees............................................................... n NCSI'GRN••TI'1LE C0�11'ANY seen as Grn for � ,' as Trustee, and M F'LUY15..f .; ..BURK:S........................................................................ .I. .. , ........... ........ .... •.. an nenefluary .'I seen.. ............................ sees , WITNESSETH: Grantor irrevocably grants, hnrgnins, sells and conveys to trustee in frust, with power of sale, the property. In r' DC S e h 11 t C s ...................... Counry, Oregon, described ns: Lot Fourteen (14), SILVER LAKE ESTATES, Deschutes County, Oregon.' �� . r 10 A default under the terms and conditions of any superior lien shall be considered a default under the terms and conditions of this trust decd. Inge Ner with all and sinovinr th, trnrmrnts, her,dllsments and opporrennoceir and all other rights thereunto belonging or in nnyv iw+ now or herenfte, npptnirrino• and the rrru,, Issue.. and pry/its thereof and All lirfure. now or hdrea/ter attached to or used in connection with fire ptnPerey. h'Olt TIIR Int/NPOSh; 0/r ShCURINC, PE'l?P01 MANCE til earh neir.enent of grantor h.rebl contained and pnyro—f of the sales . of CNE HUNDRED '11I0USAND AND NO/100------------------------------------- --- ($100,00().00) - - - - - - - - - - - - - - Dullnrs, u'Ith Interni thereon according to the fee— it A prnmi.... y nob til even date hrrrn•irh. pAYnhlr to hr•orfiriary fir eller still neade, by rentor, rite final, payment of principal and Molest henol, dt n ane ,n„rr PA id, to hed”, And nnyn,,I. September. I to 69 Thr Darr it nmrm iry of rhe• rb•hr serurrJ by rhh ln.tru...ent Is the dale, tAt.,/ Above, on which tire thud Imfnfburnf til the not: !.• near•, tint and tin rnhfr. tih.ndd rhe Altoona r•irher nota• res. Mte"'Pt fn, fir Aetunflp sell, eonv.y, or fission All (or ant' P. n! Ih: prep• , res• , all (.n n r ...or) of 4—o-,inr,n•,r , it a irhiur lir,. ohtnioino rhe o riffen co—Iff w apprnvnl of the benebctnry, then, or tie h.•nrlirinn 's option', all nfrligminn+ ,.•..urrvl by this inetrunrrru, i—Alwcrivr or the marurily, datea espt.ssed I1 ..rrin. or herr!), short hr• I�. v 'r .eJinrrfy Jru• nnJ ph ntuhlr•. The e.......tion r simneit nn l, rnrnro nmre)• agr..nwnNs dues nor constitute n sale, crnn•eynnrr ear 111 n„idlllrrellr. I To pnrrrer else .rrurit), ul this tns,f deed, grantor ag,e,s: rl I. 7'u Mnrreh Preset,., And nmtnmin N., pnrp,ty in stool runJition And repair. not /o nmuv- or de nothir any buildingin, inn •fir thweun; nor to rummil , r perruin A,,,, ,an yr of the tin.Pe/t'. rale. Tor mplen• . r rr,her nnuupNc anti In gad Arid hAWIAM. condition any building or Irowovenent which may he rnn,uurod, it •u . Jr.ning••d ..r.....nn rl•d Isy...nn, nml tiny nI des, Art rots Incurred rh„e Mr. .I. To rnrnply cit, All IA,va, unthinnrr,, rrguhuiins, cnvrnnnis, runditinn, And rrurletinns affecting the prnpri H the henrlicinr,• !' r rry.v v,, fn iiia i r ,-ol;ng such 1; 4.4 srnn•nenn If . mu to the Unilurrn Com—chill Code ns the henefirinry mal' -j,,;- And res par I- tiling emu.. in rhe Is M., pea 1,14. dlir, or ..!lire•, A,' sell ns the ur.t til .11 It- searches road, by liling attunes or r,mrhind nota .ns, .......... r ed. Jen nhlr hde r hr• elir4n )'• 'r,l, '1'nr nn,ridr nnJ c.....; mo h . .0'iw.in in.ounnr. nn the I ilding. naw fir he ... It., .,surd on the p peer n q 1 of dnnrnge hp lir, and n,rh other barred, An the b..nrfirinry rosyun Irony re to little require, in nn anu I not lass than rrif P okra I ere , �i . rirr,•n i mPn,Je. n "Plnhle n, the henelic(nr y, .•Irh funs pnynDlr ns the Durr: all pdiNes of Imurnnee droll be delivered re, the hens• II NriAo is A, n. roan, 1; it flu, grnnnu /,All Inil for any lesson to procure Anysuch irsautsoca, And to deliver the policiesres rhe v I— icinty fir /en,r lilreen day, Print to the -pi-tion of any policy of 1--c. nor - fir hersniter placed on the buildings. Ili. hrnrurlarrrmv pro• r "I, ,loll• til grant o.'. aspen., Tie Is of ollected under Any tire or other insurance policy only he applied by herellriarp upout A,.,. imlrhrrdm•u sten red herrhv n in anrh order n, benelicinry foss,drretot;ne, or At option of beneficiary the entire Ali so c 11 -Ind• v port rh,•r.uf, I u,y l.r rrlrnse•d M grnnrir. Such application or relrnse that/ nor cure or waive any delault or notice of Jrioult herr• undo .. in .+li.L. rr any nrr Jour pea moor to ,uch nwicr. ' 5. T'o le,•p rhe propertylr,er ham construction lien. And to pas, all rases, asseunre•nts and other charges that tons- he Irvied or i. uirn, a ngninat rte nrnP,rry br•lore cup• part of such !sway ...... smrnts and ,thee charges heenne past due ear delinquent And 1 . pl.unprlc 10i—, r eipf. therrlur to hrnelirinr Y; eho ld the grantor Inil fn make payment o1 any cases, esas.n.ents, lnwrnn- prem .... I;,n. ..rhrr 0— 4- pnynhlr by genome, either hl• direct pn)•mrof or by providing heneficinry N•Ith trends with which h, runke such pm'• ,n r, b.•.rlirinn• r tit its option, r Ake tintartar thereof, a,./ Ili .. en.oune s. paid. with Infete,f At the rate set loth in If,. note rrJ herrhv, rngerhrr pith rhe ihlignriuis de—Mrd in pang-rM a And 1 .1 this trust deed• shall le Added to and b..rurn. n amt of rhe�rJrbr s rel by this trust dr.rl, without o of Any right, Arising hoar bunch of Anent the covenants Ili And lar .u.eh pAvnA•nts, ri Nr inrrr.•sr n alurr.nid, he PriPrrry lerr•iol"fure dr,, ibed. ns well n. rhe grnonu, shall be Is I to fire son.. r,teor Neer theyne hi, nil Ile Nre pnynrenf til the nhlignrimt herein dr.rribrJ, noel all such nnyrnrnfs shall he Imnedintrly dor nnJ 1 M nif low t nolir,, _. And rhe r man vnu•nt I/r.•n•n1 .hall, of rhe upliun ul the bro,liain.y, rends All soon secured by this taut deed inirnr• lintely due nnJ tins,obit and r nrirurr n breach til rhk rrr„r d—d. h. T.. I•;n r ones, I"'. and d rhi, rn„r i", ..Jing he .n+r til Iltlr• s.ntrh ns well As the 101111 wars rend r, pen.,, of rhe muse..•i.. ........... t„n eiM fir o enlnrring rhi. oNlignrinn noel rrn.tee. nnJ atfnrnev. lyes ncfunlly torn r.l, 7it' .rTo npprArIn oed defend An)' Action or proceeding purpo ting to Affect the security rights or proven of benellelnry or Iruslee: nnJ in nwif. onion ear Prne"di"g io nhich the lenrlicinry or truoh ,pnv Appear, including any suit Int the lured nsure til this decd �I ,, nm• of , r amino rel,f,d h, this in.rrurr r•n4 ira'ludino but not Wolfed to in validity aid/or .nlotw•abtlity, to PAYAR .•oats Andes. t penal . ..ding evidence of till, and rhe fermfiriarv'e or trustee's Attune)• I-: the nnxrunt of attorney Ina n.entinred in thin para• I If .Ph sinc; i :int. roars sh.11 he Ir.rd h.• the vial root ami in the a cent of an npprAl lion, any judgnlent fir derree o/ the trial rnu,t, grmrfnr it lurrhel glees r.. Pnv s,rh ­, fir be onset/n r. cunrf ah,ll adjudge rena.mnl,le, ns the ferrrlictnry'. or trustee', attorney toes in .arch ,peen/. If ..rr„nllt ngn•r•d thnr: e, fn fhn ,• fir that pnv patisle , r All if Ne Propene ,lin/i he token under the right of rmiornf donmin or cinJ.•nrn:,tion, I.vrr• I lirimy 0n1l h.rvr 1rhe right; if it s., steers, to sequin• that All or pIry potion of the neon!.* payable as - penmhun lir ,uch taking, NOTE: The Trust Deed Act provides that the trustee hereunder must be either an attorney, who Is in attire member of The Oregon State Bar, a bank, trust company or savings and loan association authodred to do business under the laws of Oregon or the United States, a title Insurance company authorised to Insure title to real Tpony of this state, Its subsidiaries, allillates, agents or branches, IM United States or any agency thereof, or se escrow agent licensed under ORS 696.50S to 696 $DS. WARNING; 12 USC 17011.3 tegutates and may prohibit enrciss of this option, "The publisher suggests [hat such an agreement address IM issue of obtaining beneficiary's conaont In template delall, ~`''-. ,`~. .'^`'`''`�'~'^'^/ .`',.^� '`~°~ '^`'"�.'_ "°'^. ^ ^o ~ ~^" _�,^�"°r~"*^-^"^*/=- '�"/� � ~ m"°'"w^~ either IT Io-^ ~,^, I I /'),, o"O. A"d I.Aiog Ill,; I Ife j,,Ore­,. Ili, ­11-IlOn Of —h ­Oos. issue. AM p—lim Or Ili, Of file I'll" to —0, A. --,e the ­)- I,ct TO ptoe-1 to lorilicl.sel #his low dood in equity A, a too, 1A.A, di,ort the ,, I. I _O, I I 1, 0 Ili- Of dell.tilt .,,it f. so/? the p-rorly t,, wilily ill, ';o- ill, d—J. The dol—It roar he ­,od hy pa)-iog the due at the oo),. " I 'J.� �Oh" h.o moM I It "Oln be au, had III, dolnult oI Ali)- Other delaull that is corinble Ol being -,d h, 1-1—iog 17� ":I. i,,d do, the Oblit.ti low deed. In -v ease, I. addition In —ino the do - lo, MO. Tl I. ..... I— ,,a,, oil tho p,.m tr rithe, in ono pm,c,l it in separate ii -col, -1 shall sell If ...... .. I. ho h;gho,f Ili, Ioahl, at theft"ne .1 safe. T—le. hall dolivo, to the pi -h— it, deed d ­J he p -Of Of ill, oullif.h—s There./. Any, pe—n. the moure. bul inrl.d;og the I.S. MO.I. 1,11. P ... ........ ", M�- poO­ le-io. ,ullop xhAll apply the proceeds; Of sale to poynserl Of (I) the ex- ��`,|�����/'��.��|."���'��'''./'�-""'°^^~''"`°'.~^a,-~^ idl,d^u.n.^- ­;in iOfo,_ ~�.,.�."..,.,^~.*�../,°.,.,.,"",=�."°,",_//�/..^^^,,^~~ w Unless 4rioitor provid- berieliciary with evidence of insurance coverage ns reeltiired by the con- I-ce or lot- n4,e,.,o,n( h,twe— thero. heneficinry may purchme in.surance at grantor's expense to protect bene- 1O.il"l. ., I,, t' , "'t TM, i,?,,,r III—. ))tit necel not, nl,lo protect gramlor'F interest. If the collateral becomes daritaged, it,,- co—rage p,ocha-1 Ill, I ...... /0 -, ' : I ry nmy riot pli), tiny chom roude hy or ilgitinst grantor. GrAntor rony litter entice/ (hr, col—atill, hy for .... iding - id,ne " I lint grantor Ims obtained property coverage elliewhere. Grantor is responsible lor Ih, I -f )/ "u". ;,? ............ "I 1-ge ritirchamed hy beneficiary. %xhich cost may be added to 4rantor's coritrart or loOo I ill If If I, — nddod, il,,, inter -1 rillf, (,,I the totd,rilyind contraCt or loat? will nplol ' v to it, The ftective dare ,If tm,s, he (hv date 4,imtor's prior covernge fillised or The (late grantor tailed ITT provielt, I)r(.,/ d I rn�e. ,"//,rwn*,�/�����v/.���«*^�,I^`,/,�^".~p'..... ~/^''10-°^'°^°"»~^°^"�/^*''"`'.+0""� ^~"... ""==^*p"r~. /."^.,,....~.,,.0, /,,./1^.^^,If ,,,~+°~,h�i, hei .... ~"~�*^�r�+,�.^'... .°"^` /,....."..«,^/. "".,a.'.., . � ^ x. "Od. _,~=°,,�. -''~'�.�'�-e"^,^^w+'A,"^."~""".�*�+^°"^°�"�*°' *""°°'~^^=+~,**^ ""+�"'==+"'"'^"*' '"""^''f,,,"~—'`^~"^~+'~pal'"'^,°=°~"~^*^*^^**^ 'm V/rN,// In/�xa,1- ,'h,*all ^./",,,""tox,1, 1,^°' '/,»"',"vn°,*,'a~,,",°,". ^�m�",.°,°""o���~�`.�.�"-.^..�_~".=~w~w/` ` !,� / c' .~.~~'.w"~~"""'~^1^~*~'/"�,'`"`~a'° 1�[iJ[T� «�cRn -.^�^..^..~~."°,,-^-+."..,°..~"".,��.z.^. ' ^ ,- �.�.~~°"" ~~~, -.~.^'^..~^"`+~_�~+..".+.* ^.....�...~.~.,...�~.=......� o/�~�.-^~� ..°~,�.^~^�~^.*..~,.'"~..^^.'`~^~.~°~ xrxrFo,oxox`w.'`""../ o,sc|mtex �= ` *,," ^,/*,//',h",*,~. »^'*,, ,.*v l"o;j" m/.-,"�/-"".,.".'.� ,m".,.OR,m`RECONVEYANCE IT, h..~^,+.^.� hii~^~1(,,d. */_..'~,^.u.,Ili ",.+^°ll,~,,~"~/mft" ^~I -^,~",^.' All �"°~,.�.,+""., ..... ........'���!'������/'�.'�,^��.�� l"^'^..,..".^.,n..'.......,...'�^..,~..,. CI.`'°^"It Noll ~^"^~`~'~ Q9- S9 iio -/ RU IASE OF SECUitrly F)SspiAim o,i7— J?as% ,104�11 The undersigned, hereby releases all of his interest and sets over and o Th g , y transfers back t FLOYD E. BURKS all of the undersigned`s interest in that assignment of TRUST DEED for Collateral Security dated 19 and recorded in Volume , �, Page 0 / 5la-,asedwords of ` De s c h u t e s County, Oregon, between the undersigned and FLOYD E. BURKS . Dated this 6day of C5 c-+ r , 19 • W. DAVID McCONNELL, TRUSTEE g P6Y.(:0Et McCONNELL, TRUSTEE State of Oregon County of The foregoing instrument , as acknowled ed before me g g w g oc+ �, (5% fj ,icy W. DAVID & JOY LEE McCONNELL, TRUSTEES 0FFICIAI sEAL tBIRYAM WOLF tdO,rARY f)ML.IC-OFI'ECQN C'Jtv9 jgi rZpj NO. 042245 • — '--� (9- 07 Public forn t5lumussion. expires: FLOYD E. BURKS ASSIGNOR W. DAVID McCONNELL & JOY LEE McCONNELL TRUST ASSIG < < AFrM, RECORDING RETURN TO: OREGON EQUITY 'P.O. BOX 5846 BEND, OR 97708 Fileg 98-1031B � VOL: 1999 PAGE: 50759 RECORDED DOCUMENT 1 }� STATE OF OREGON COUNTY OF DESCHUTES *1999-50759 * Vol -Page Printed: 10120/1999 09:15:59 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) • I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: NUMBER OF PAGES: Oct. 20, 1999; 9:13 a.m. 12745 Agreement for Extension of Lines $10.00 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK i , , r • REF: WO#990438 Account #14760800 MEMORANDUM OF CONTRACT FOR LINE EXTENSION PARTIES: MIDSTATE ELECTRIC COOPERATIVE, INC., hereinafter called "Co-op" #nd Lauren J/Nedra C Graham, hereinafter called Consumer RECITALS WHEREAS the parties have entered into an AGREEMENT FOR THE EXTENSION OF LINES dated June 30, 1998, to provide electric service to real property described as: T21, R10., Section 0 I Whis;+Pring Dines S-6division Deschutes County, Oregon WHEREAS the consideration of this Agreement is the SUM OF $2,104.00; & therefore it is agreed this MEMORANDUM will be a binding lien on the land described above until fully paid. Line Extension Agreement amounts are non -transferable and must be paid in full on sale of the property. DATED THIS cP, DAY OF 199 • -- /Mid state Electric Cooperative, Inc. auren J Gr m PO Boz 127 La Pine OR 97739 Nedra C Graham FOR MIDSTATE USE ONLY STATE OF OREGON ) COUN';Y OF DESCHUTES) Personally appeared before me, ting as a representative for MIDSTATE ELECTRIC COOPERATIVE, IN .,a Co oration & that the instrument was signed and sealed in behalf of Corporation by authority of its Board of Directors. BEFORE ME: J M. MAGER Notary Public for Oregon NOTARY PUBLIC -OREGON My Commission czpires:_� ��� l�3 �,�COWAUM NO. 32 Tn.ZOU3 i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: RIVER BEND LIMITED PARTNERSHIP 15 S.W. COLORADO, SUITE A BEND, OREGON 97702 ,// I � �' N o eat 1�3cE NON -POTABLE WATER SERVICE AGREEMENT River Bend Limited Partnership, an Oregon Limited Partnership ("River Bend"), located at 15 S.W. Colorado Avenue, Bend, Oreg n 97702, and Mill Associates Limited Partnership, an Oregon Limited Partnership ("Customer"), hereby enter into this contract for the provision of non -potable water service to the Property as defined below. River Bend desires to provide non -potable water service as an unregulated service, and Customer desires to purchase such service. Therefore, the Parties agree as follows: 1 Agreement 1.1 Customer is the owner of the following real property (the "Property"): As shown on Exhibit B attached hereto, City of Bend, Deschutes County, Oregon. 1.2 This Agreement constitutes the entire and exclusive agreement between River Bend and Customer for the provision of non -potable water service to the Property. Customer agrees to take non -potable water service for the Property from River Bend and to maintain such service from River Bend or its successors or assigns. 2 Access to Meters and Property of Customer 2.1 Customer hereby grants River Bend, its agents, employees, and contractors, a perpetual easement across the Property for the purposes of the installation, removal, replacement, maintenance and/or relocation of non -potable water lines and non -potable water meters (the "Meter(s)"). The foregoing easement is in addition to and not in lieu of the easements granted under Article 5 of the Amended and Restated Master Declaration of Covenants, Conditions, and Restrictions for River Bend, recorded in the official records of Deschutes County on June 26, 1998, in Book 499 at Page 2948 (the "Master Declaration"), and Customer hereby grants approval to install and/or relocate non -potable water lines and/or Meters pursuant to Section 5.2.2 of the Master Declaration. Should it be necessary or desirable to relocate the water lines and/or the Meter, the easement granted herein and/or the easements granted in the Master Declaration shall automatically be deemed to be relocated to reflect the new location of such lines and/or Meter. Customer further grants River Bend, its agents, employees, and contractors, the right to read the Meter for purposes of establishing the Customer's bill for non -potable water usage. River 13end may test the Meter from time to time to determine its accuracy. 2.2 River Bend shall own and shall be responsible for installation, removal, replacement, and maintenance of the non -potable water delivery system from the source to the Meter. Customer shall own and shall be responsible for installation, removal, replacement, and maintenance of the non -potable water delivery system from the Meter to and including the point(s) of Customer's use. Customer shall own the Meter; however, River Bend shall be responsible for performing the installation, removal, replacement, and maintenance of the Meter, the costs of which shall be charged to Customer and paid by Customer as an additional charge on the monthly bill. 2.3 Failure of Customer to permit River Bend, its agents, employees, and contractors, access at reasonable times and after reasonable notice is grounds for disconnection. If for any reason whatsoever access to the Meter cannot be gained for the purpose of reading the Meter, an estimated bill will be rendered and the same will be considered a stated account. Any estimated reading shall be clearly noted on the bill. In cases where access to the Meter is difficult because of the Meter location or other circumstance, the Customer may be requested to obtain monthly meter readings by completing and returning the meter reading form to River Bend at the designated location. Any customer reading may be subject to actual verification by River Bend not less than once every four months. 3 Creditworthiness and Deposits 3.1 If River Bend in its reasonable discretion determines that Customer's creditworthiness or financial responsibility has become, or is likely to become, impaired for any reason, River Bend may require, at its option, Customer to make a deposit in an amount not to exceed one-fourth of the estimated annual bill at the service address, or provide other reasonable security in a form acceptable to River Bend. River Bend shall have the right on three business days notice to suspend services to Customer if River Bend reasonably determines that Customer's ability to pay has become materially impaired. Such deposit may also be required by River Bend at any time if Customer fails to make payment of its delinquent account. 4 Bills, Charges and Disconnection Procedures 4.1 Bills. Regular monthly non -potable water bills are due within fifteen days of the issue date, and become delinquent without payment within thirty days of the issue date. Interest on unpaid balances shall accrue at 1.5 percent per month after the date payment of the account is delinquent. When a bill is rendered, it shall be deemed and considered a stated account unless objection is made to the amount thereof at the office of River Bend in writing within ten days from the date of such bill. 4.2 Charges. A charge of two hundred percent (200%) of the amount charged to River Bend by its bank will be applied each time Customer makes a payment on account with a check that is not honored, for any reason, by a bank or other financial institution. 4.3 Disconnection Procedures. Should Customer fail to make payment prior to the date payment of the account is delinquent, River Bend, upon the giving of three business days notice, may remove the Meter or otherwise disable service. Customer shall continue to be liable for all amounts past due together with all minimum monthly charges accruing thereafter. 5 Connection Charges 5.1 The Customer's first monthly bill shall include a connection charge of $100, together with the actual cost to River Bend of the Meter. 6 Monthly Rate 6.1 Monthly Rate. Unless increased as provided in Section 6.2 below, the monthly rate for non -potable water service shall be 80 percent of the rate derived from the schedule below entitled "Schedule A." 6.2 Increases in Rate and Rate Cap. The rate set forth in Section 6.1 above shall be the rate applicable on the date of the execution of this Agreement. Thereafter, River Bend may from time to time, upon the giving of at least 30 calendar days notice prior to the beginning of the month for which a new rate will be applicable, modify the rate in effect on the date of the giving of notice, provided, however, at no time shall River Bend's rate for non -potable water service exceed the rate charged by the City of Bend for potable water service under substantially similar circumstances. 6.3 Services Provided and Cost of Water. The rates described above include two components, the non -potable water, and River Bend's services to deliver the non - potable water to Customer. The Customer acknowledges that the cost to Customer of the non -potable water component shall be the cost to River Bend of such non -potable water, and the remainder of the non -potable water rate is for the services to deliver the non -potable water to Customer. 7 Non -potable Water; Period of Usage • 7.1 Customer acknowledges and agrees that the non -potable water to be provided to Customer is from the Deschutes River and is not potable. Such water may not be fit for consumption by humans or animals. Such water may be filtered, but will not be treated. Customer agrees that it will use the water for irrigation purposes only and will not make the water available for consumption by humans and/or animals. 7.2 Although River Bend may filter the water, Customer acknowledges that the water may contain foreign materials that would make the water incompatible with certain types of irrigation systems. River Bend makes no warranties whatsoever concerning the non -potable water and such water is delivered "as is." 7.3 Customer shall only use the non -potable water from April I to October 31, unless otherwise directed by River Bend or the supplier to River Bend of non - potable water. 9 Commencement and Termination 8.1 River Bend shall only be obligated to provide non -potable water during any period that non -potable water is made available to River Bend by its supplier on terms acceptable to River Bend. 8.2 In addition to the limitation on River Bend's obligation to provide non -potable water as described in Section 8.1 above, River Bend may, at its option and for any reason, temporarily or permanently discontinue non -potable water service upon the giving of 90 days written notice to Customer. In the event the service is to be discontinued or is in fact discontinued for a period of 180 days (other than pursuant to Section 8.1 above), River Bend shall refund to Customer the $100 connection fee. Customer shall not be entitled to any other claim against, refund from, and/or damages (of any type or nature) from River Bend on account of or related to discontinuing non -potable water service, and Customer waives and releases any and all claims therefor. 9 Indemnification 9.1 Customer shall indemnify, protect, defend, and hold River Bend harmless for, from, and against any claims, liabilities, costs, and expenses, pertaining to the Meter or the non -potable water delivery system, including, without limitation, for trespass or injury to buildings or property that may be caused in the installation or maintenance of the service pipe, Meter, and other appurtenances to serve Customer, unless caused by the gross negligence of River Bend. 10 Notices 10.1 Until further notice by River Bend, notices and payments to River Bend shall be provided to: Ig River Bend Limited Partnership, 15 SW Colorado Ave, Suite A, Bend, Oregon 97702. 11 Governing Law 11.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon excluding any conflicts of laws principles. 12 Limitation of Liability 12.1 In addition to and without limiting Section 8, River Bend's maximum liability under this Agreement shall be limited to refunding the $100 connection fee, and without limiting the foregoing, under no circumstances shall River Bend be liable to Customer for loss of profits or for any special, indirect, incidental, consequential or punitive damages, however caused and on any theory of liability stemming from the provision, or lack thereof, or quality, of non -potable water service. 13 Construction of Agreement 13.1 This Agreement is the result of arms -length negotiations between two sophisticated parties and ambiguities or uncertainties in it shall not be construed for or against either party. 14 Regulation/Authorizations 14.1 If any governmental authority determines that River Bend's obligations hereunder cause it to be subject to regulation as a public utility, River Bend shall be relieved of its obligations hereunder. 15 Assignment 15.1 This Agreement and all rights, including rights to accounts receivables, may be assigned by River Bend without the written consent of the Customer. Upon such assignment River Bend shall be relieved of its obligations hereunder. 16 Force Majeure 16.1 In addition to and without limiting Sections 8 and/or 12, River Bend shall not be considered to be in default in the performance of any of its obligations under this Agreement when a failure of performance shall be due to an event of Force Majeure; provided prompt written notice of such event is provided to Customer. The term "Force Majeure" shall mean any cause or causes beyond the control of River Bend to perform such obligation, including, without limitation by the following enumeration, acts of God and the public enemy; interruption or curtailment of non -potable water service, relocation or construction of non -potable water facilities or the shutdown of such facilities for necessary repairs; the elements; flood, earthquake, tornado, storm, fire; civil disobedience, labor disputes, labor or material shortage, sabotage; restraint by court order or public authority (whether valid or invalid), and action or non -action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals. 17 Covenants and Easements to Run with Land 17.1 Each covenant and easement granted pursuant to this Agreement shall be permanent and shall run with the land as to all property burdened by such covenant and easement, including any partition or division of such property. The rights, covenants, and obligations contained in this Agreement shall bind, burden, and benefit Customer and Customer's successors, assigns, lessees, mortgagees, and beneficiaries under any deed of trust. Any successor in interest of Customer shall be deemed to have agreed to each and every term and condition of this Agreement by accepting title to the Property. 18 Waiver 18.1 Failure of any party at any time to require performance of any provision of this Agreement shall not limit such party's right to enforce such provision, nor shall any waiver of any breach of any provision of this Agreement constitute a waiver of any succeeding breach of such provision or a waiver of such provision itself. 19 Attorneys' Fees 19.1 In the event a suit, action, or other proceeding of any nature whatsoever, including any proceeding under the U.S. Bankruptcy Code, is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights hereunder, the prevailing party shall be entitled to recover from the losing party its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. 20 Severability 20.1 If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be held invalid or unenforceable, the remainder of this Agreement and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. • IN WITNESS WHEREOF, River Bend and Customer have executed this Agreement as of the date first written above. River Bend: RIVER BEND LIMITED PARTNERSHIP, an Oregon limited partnership By: The Bend Company, an Oregon corporation, General Partner By Its Pres ent Customer: MILL A ASSOCIATES LIMITED PARTNERSHIP, an limited partnership By: Mill A Development Company, an Oregon corpo tion, General Partner By Its STATE OF OREGON ) ) ss. County of Deschutes ) The foregoing instrument was acknowledged before me on this 291h day of December, 1999 by William L. Smith who is the President of The Bend Company, an Oregon corporation, general partner of River Bend Limited Partnership, an Oregon limited partnership, on behalf of the partnership. F0 OFFICIAL SEAL HARON A MITCHELLOTARY PUBLIC • OREGON OMMISSION NO. 314213 Y COMMISSIOM EXPIRES JULY 1, 2002 Notary Public for Oregon My Commission Expires: STATE OF OREGON ) ) ss. County of Deschutes ) h The fore g instrument was acknowledged before me on thit day of December, 1999 by Wlua pl� L; Sm I'rN who is a SSPIX' I'S I'�.t/► of Mill A Development Company, an Oregon corporation, general partner of Mill A Associates Limited Partnership, an Oregon limited partnership, on be' half of the partnership. , OFFICIAL SEAL SHARON A MITCHELL NOTARY PUBLIC - OREGON COMMIS ION NO 314213 4w MAN" EVMES my, L = SCHEDULE A - Utility Rate Schedule Minimums Based on Size of Meter Monthly Minimums 5/8" $ 6.36 5/8 x'/I' 6.36 %11 9.75 1" 14.69 1 %," 28.56 2" 52.86 3" 150.89 4" 232.76 6" 452.56 8" 665.00 10" 945.11 Notary Public for Oregon My Commission Expires Minimums are for first 600 cubic feet of water. Excess over 600 cubic feet $ .61/100 cubic feet. The foregoing schedule is to be used to compute initial non -potable water rates under the Agreement. Pursuant to the terms of the Agreement rates can be changed from time to time. • EXHIBIT "B" DESCRIPTION SHEET Lot Four (4) in Block Two (2) of MILL "A" AREA OF SHEVLIN CENTER, SECOND ADDITION, City of Bend, Deschutes County, Oregon, and Lot One (1) in Block Three (3) of SHEVLIN CENTER, City of Bend, Deschutes County, Oregon.Together with an undivided interest in the land as shown as'a Private Way (Industrial Way) on the official plat of MILL "A" AREA of SHEVLIN CENTER, City of Bend, Deschutes County, Oregon. EXCEPTING THEREFROM that portion of Lot One (1), Block Three (3), SHEVLIN CENTER, City of Bend, Deschutes County, Oregon, and that portion of Lot Four (4); Block Two (2), MILL "A" AREA of SHEVLIN CENTER SECOND EDITION, City of Bend, Deschutes County, Oregon, said parcel being more particularly described as follows: Beginning at the most Northerly corner of said Lot 1, Block 3, of SHBVLIN CENTER, said point being on the Easterly right of way line of Colorado Avenue; thence continuing along said East right of way line of Colorado Avenue the following three courses; thence along the arc of a 55.00 foot radius curve to the left, through a central angle of 3202515911, an arc distance of 31.13 feet (the long chord of which bears South 60036106" West, 30.72 feet) to a point of reverse curvature; thence along the arc of a 597.74 foot radius curve to the right, through a central angle of 03000'08", an arc distance of 31.32 feet (the long chord of which bears South 45°53123" West, 31.32 feet) to a point of tangency; thence South 47023127" West 358.94 feet to a point on said East right of way line of Colorado Avenue and to the thread of the Deschutes River; thence leaving said East right of way line, South 47008126" East, following up stream along the thread of the Deschutes River, 118.33 feet; thence leaving said thread of the stream North 47023100" East, 287.45 feet; thence North 63042128" East, 25.66 feet; thence North 14016'07" East, 95.29 feet; thence South 75°43'53" East, 48.58 feet; thence North 14024'55" East, 47.21 feet to a point on the South right of way line of Industrial Way and to a point of non -tangent curvature; thence along the arc of a 591.98 foot radius non -tangent curve to the right, through a central angle of 03029101", an arc distance of 35.99 feet (the long chord of which bears North 55043119" West, 35.99 feet) to a point of tangency; thence North 53058'59" West, 11.95 feet; thence South 36001'12" West, 10.00 feet to a point of non -tangent curvature; thence along the arc of a 55.00 foot radius non -tangent curve to the left, through a central angle of 49.11'56", an arc distance of 47.23 feet (the long chord of which bears North 78034'56" West, 45.79 feet) to the Point of Beginning. ALSO EXCEPTING THEREFROM that portion of Lot Four (4), Block Two (2), MILL "A" Area of SHEVLIN CENTER SECOND ADDITION, City of Bend, Deschutes County, Oregon. •aid tract being more particularly described as follows: Beginning at the Northeast corner of said Lot 4, said point lying on the South right of way line of Industrial Way; thence South'26.46157" West, along the East line of said Lot 4, 98.03 feet to the most Northerly point of that tract land described in deed to MILL "A" Associates Limited Partnership as recorded in Book 427, Page 2966 of the Deschutes County Official Records; thence along the East and South boundary of said tract the following 3 courses, South 13.40104" West, 81.34 feet; thence South 27.42114" West, 87.42 feet; thence North 46040124" West, 17.79 feet to a point of said East line of Lot 4; thence leaving said East line, North 46040124" West, 62.16 feet; thence North 61.02101" West, 115.31 feet; thence North 13027104" East, 66.93 feet; thence South 76019156" East 59.35 feet; thence North 13047136" East, 100.45 feet to a point on the North line of said Lot 4, said point also being on the South right �5i'wa +�Z i ne '03 Td I3t�3trsl to 1 x-5+3 *. 9 e 6904 radius non -tangent curve to the left, through a central angle of 03006106", an are distance of 32.05 feet (the long chord of which bears South 76032109" East, 32.04 feet) to a point of compound curvature; thence along the arc of a 1,192.72 foot radius curve to the left, through a central angle of 07015'03", an arc distance of 150.94 feet (the long chord of which bears South 81045'23" East, 150.84 feet) to the Point of Beginning. VOL: 1999 PAGE: 61259 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES 1999-61259 * Vol -Page Printed: 12/28/1999 12:30:15 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Dec. 28, 1999; 11:17 a.m. 15380 Court Records $15.00 NUMBER OF PAGES: 2 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK to 99 - cel RELEASE OF CERTAIN PROPERTY 16he undersigned states: . Creditor/Prevailing Party Information: 1. The creditor/prevailing party is: Asset Systems, Inc., located at PO Box 14949, Portland, Oregon 97214 under judgment, decree, order or petition entered December 14, 1999 in the Deschutes County Court, Case No. 99CV0425ST. 2. The creditor/prevailing party's attorney is: Nancy A. Smith, OSB#84349 2121 S.W. Broadway Building, Suite 100 Portland, Oregon 97201 (503) 227-2518. B. Debtor/Losing Party Information: 1. The debtor/losing party is: Melissa M. Aylett, residing at 64970 Gerking Market Rd, Bend, OR 97707 Social Security No. 541-02-1834 C. Judgment Information: 1. The total amount of the Judgment is: $14,812.88 2., Post -judgment interest is accruing at the rate of 9 percent per annum. D. The Real Property to be Affected: 64970 Gerking Market Rd, Bend OR 97701 ON WITNESS WHEREOF, the undersigned person or persons hav executed this release of lien record abstract this A7 day of December 1 99. NANCY A. SMITH, OSB#84349 State of Oregon ) )ss. County of Multnomah ) The foregoing instrument was acknowledged before me Lth'p< da o December 1999 by NANCY A. SMITH. o ary Public for Oregon SEAL My commission expires:07/14/03 OFFICIAL SEA LAUREL L KOON NOTARY PUBLIC -OREGON COMMISSION NO.325290 MY COMMISSION EXPIRES JUL 14, 2003 After feArnenetuto AmePlease Return Instrument to: dtitlem 15 OREGON AVENUE, BEND Nancy A. Smith • Attorney at Law 2121 S.W. Broadway Building, Suite 100 Portland, OR 97201-3180 503.227.2518 ., w Pa *e 4 of Order No. BT024159LR, dated November 4, 1999 1 9 1. EXHIBIT "A" That portion of the North Half (N1/2) of Lot.Three (3), sometimes referred to as the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) in Section Thirty (30), Township Sixteen (16) South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at a point on the Township line between Township 16 South and Ranges 11 and 12, East of the Willamette Meridian, South 00006141" West, 451.44 feet from the Quarter Section corner on the West side of said Section 30; thence South 89050145" East, 30 feet to the true point of beginning; thence South 89050145" East, 1150.70 feet to the East line of said Lot 3; thence North along said East line, 211.50 feet; thence North 89050145" West, 1150.28 feet; thence South 00006141" West, 211.50 feet to the true point of beginning. C • • 0 VOL: 1999 PAGE: 55577 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES 1111111 IIIII IIIII IIIII IIII 111111 Illll IIIII illll IIIII IIII IIII 11999-55577 • Vol -Page Printed: 11/19/1999 09:41:39 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: Nov. 19, 1999; 9:40 a.m. RECEIPT NO: 14005 DOCUMENT TYPE: Clerk Lien FEE PAID: $25.00 NUMBER OF PAGES: 5 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK Ks • 0 REEL PAGE STATE OF OREGON 1644 263 DEPARTMENT OF CONSUMER AND BUSINESS SERVICES WORKERS COMPENSATION DIVISION CIP, C��� IN THE MATTER OF THE COMPLIANCE OF J & M Custom Cabinets, LLC, and Michael L. Skolnick, Individually, Employer STATE OF OREGON, Acting by and through Michael Greenfield, Director, Department of Consumer and Business Services Plaintiff v. J & M Custom Cabinets, LLC, Michael L. Skolnick, Individually, Defendant, STATE OF OREGON County of rviarion 99 OCT 8�� STATE F ORE N DFSCIY 2 1S MI RION C NTY 0lIRTS o�Ds oU}+; y OCT Z= ILEO )AFFIDAVIT SUPPORTING ENTRY )OF ORS 656.735 and 205.125 )MONEY JUDGMENT AND LIEN 1, Larry D. Sisson, being first duly sworn, say: I am the Collection Manager of the Business Administration Division for the plaintiff and custodian of plaintiffs Workers' Compensation Division Accounts Receivable records. Plaintiffs records show that "Proposed and Final Order Declaring Noncompliance and Assessing a Civil Penalty", Number 23608 -AB was issued to defendant. A certified true copy of the Order is attached. More than 20 days have elapsed since the defendant -received the Order and the defendant has not requested a hearing to contest any matter therein. The penalty proposed in the Order became final on February 17, 1999, by operation of ORS 656.740(1). Pursuant to ORS 656.735(5) and 82.010, there is now due and owing to the plaintiff by the defendants jointly and severally a civil penalty in the amount of $4,017.00 plus interest thereon at the rate of nine percent per annum from February 27, 1999, until paid, plus the costs of recording the Order. MONEY JUDGMENT I ) Judgment Creditor: State of Oregon, acting by and through Michael Greenfield, Director, Department of Consumer and Business Services. 2) Judgment Creditor's Attorney: None. 3) Judgment Debtors: J & M Custom Cabinets, LLC, and Michael L. Skolnick, Individually, 4) Principal Amount of Judgment: $4,017.00 5) Prejudgment Simple Interest: None. 6) Attorney Fees: None. 7) Costs: $25.00 8) Postjudgment Simple Interest at the rate of 9% per annum on the principal amount of the judgment which consist a from February 27, 1999. �9 Larry D, Siss n Date Collection Manager, Business Administration Division C� Subscribed and sworn to before me this t3 day of October, 1999. cty OFFK:IAL SEAL ' KRISTI HART NOTARY PU LIC FOR R GON NOTARYPUELIGOR6p¢N ; , '°- CS My Commission Expires: MY COMM0 C iON E XP11��3X6460 3, 20ot JS RETURN TO: DCBS, Business Admin. - NCE 350 Winter St. NE, Room 300, Salem, OR 97310 (503) 947-7914 ;j ` OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES WORKERS' COMPENSATION DIVISION EMPLOYER COMPLIANCE PROGRAM • 350 WINTER ST NE. SALEM, OREGON 97310 ( 503) 9477815 In the Matter of the Noncompliance of ) PROPOSED AND FINAL ORDER > DECLARING NONCOMPLIANCE AND J & M CUSTOM CABINETS LLC ) ASSESSING A CIVIL PENALTY a Limited Liability Company ) Employer. (WCD Employer No. 8903300) > Order No. 23608 -AB To: R. Michael Sheehy, Registered Agent, J & M CUSTOM CABINETS LLC BASIS FOR ORDER Every employer of one or more subject workers in Oregon is a subject employer (ORS 656.023). Every subject employer must provide workers' compensation coverage for its subject workers, as required by ORS 656.017 (ORS 656.052(l)). Every subject employer must maintain assurance with the Department of Consumer and Business Services that it has provided coverage for its subject workers (ORS 656.017(1)). In order to do this, it must qualify as a self-insured employer or cause a guaranty contract from its insurer to be filed with the Department (ORS 656.407(1)). If the Department has reason to believe an employer has failed to provide workers' compensation coverage for its subject workers, the Department of Consumer and Business Services shall serve the employer with an order declaring the employer to be noncomplying and assessing a civil penalty (ORS 656.052(2)). A civil penalty of twice the unpaid premium, but not less than $1,000, shall be assessed against any subject employer who does not provide workers' compensation coverage for its subject workers and maintain assurance of the coverage with the Department by qualifying as a self-insured employer or by causing a guaranty contract from its insurer to be filed with the Department (ORS 656.735(1), OAR 436-80-040(1)). Limited liability company members and managers are jointly and severally liable for payment of this civil. penalty (ORS 656.735(4,)), If there is a compensable claim arising from an injury to a subject employee of a noncomplying employer, the noncomplying employer is liable for payment of all costs related to the claim and for an additional civil penalty (ORS 656.054(3), ORS 656.735(3)). Limited liability company members and managers are jointly and severally liable for payment of the claim costs and the additional civil penalty (ORS 656.735(4)). FINDINGS 1. J & M CUSTOM CABINETS LLC was the employer of one or more subject workers in Oregon during the period from December 10, 1997 to January 22, 1998. 2. J & M CUSTOM CABINETS LLC was not qualified as a self-insured employer with the Department during the period from December 10, 1997 to January 22, 1998. • 3. J & M CUSTOM CABINETS LLC did not cause a guaranty contract to be filed with the Department covering any part of the period from December 10, 1997 to January 22, 1998. Proposed and Final Order No. 23608 -AB • Page 2 CONCLUSION J & M CUSTOM CABINETS LLC violated ORS 656.052(1) during December 10, 1997 to January 22, 1998, by engaging as a without qualifying as a carrier -insured or self-insured by ORS 656.017. 011.11M21111111 the period from subject employer employer as required The Department of Consumer and Business Services through the Compliance Section of its Workers' Compensation Division proposes to order that J & M CUSTOM CABINETS LLC and its members and managers, including but not limited to James J Barton and Michael L Skolnick, be declared a noncomplying employer during the period from December 10, 1997 to January 22. 1998, and to further order that J & M CUSTOM CABINETS LLC pay a civil penalty in the amount of $4,017.00 for violation of ORS 656.052(1). ccccccc�cG=casesalcQCQlaaQccccc=caalcaazsz:ccstaQCQlQzzzalQzmaclzcacaccsacGxxcc NOTICE c fll=t"0'tv ti 00W If you disagree with this Order, you may request a hearing. Your request for hearing must be in writing, delivered to the Employer Compliance Program at • the address on the top of this document. Your request for hearing must state the reasons why you disagree with the Order and must be mailed or delivered to the Employer Compliance Program within 20 days after this Order is served on the limited liability company named as "employer" in the heading of this Order. If a request for hearing is not sent to the .lmployer Compliance Program within the time limit above, this Order will become final by operation of ORS 656.740(3) and will not be subject to review by any agency or court. i'IISaQGQQlII!lCQQQlQIIQQQlIIlIIQlQlIICIIIIIIlIIQQQQQIISIIQlQQQQl IIII IIII!l QIIQ!!lII QIIIIII!!IIlQSQQla If 105% of the workers' compensation premium that would have been due for dle period stated above is less than the amount of the civil penalty ordered above, we may agree to reduce the amount of the civil penalty due if, within 20 days of the date this Order is served, you have provided us ALL of the following: 1. A signed, written agreement, provided by this Department, that you are not contesting this Order; and 2. Satisfactory evidence that you now have workers' compensation coverage in effect OR satisfactory evidence that you are no longer a subject employer; and 3. Sufficient payroll information for us to calculate the amount of premium you would have paid had you had coverage in effect during the period stated above; and 4. An arrangement satisfactory to us for your payment of the reduced civil penalty. 0 • • L� Proposed and Final Order No. 23608 -AB Page 3 If you do not understand this Omer, you should contact your attorney at once or call the Employer Compliance Program at 947-7815. Dated February 23, 1998. 004162-WODOUTNO/SUP 39210/0500 cc: J & M CUSTOM CABINETS LLC file James J Barton, Member Michael L Skolnick, Member DEPARTMENT OF CONSUMER & BUSINESS SERVICES WORKERS' COMPENSATION DIVISION By !i ZZ," i& )-.- R. E. Gregory, Compliance Section REEL:1644 PAGE: 263 October 25, 1999 , 01:28P • • CONTROL #: 1644263 State of Oregon County of Marion I hereby certify that the attached instrument was received and duly recorded by me in Marion County records: FEE: $20.00 ALAN H DAVIDSON COUNTY CLERK ,K NepD 5?i0e1P1& S7-hT#7E, REVIEWED PUBLIC FACILITIES IMPROVEMENT AGREEMENT I.nIJNSEL APPLICABLE PUBLIC FACILITY IMPROVEMENTS: USTREET ❑SEWER ✓WATER ❑MASTER PLAN MOTHER The CITY OF BEND, an Oregon municipal corporation, hereinafter referred to as "CITY" and DESCHUTES COUNTY HEALTH and HUMAN SERVICES, hereinafter referred to as "USER" agree as follows: GENERAL CONDITIONS 1. USER has received, read and understands City's public facility improvement policies which are attached to this agreement. The terms used in this agreement have the meanings assigned to them by City's policies unless specifically provided otherwise in this agreement. 1.1 USER desires the extension of public facilities to USER'S property described on Exhibit "A" that is attached hereto and made part of this agreement. 1.2 The USER and City intend that this agreement shall constitute a covenant running with the land, binding on the USER and the USER'S heirs, successors, or assigns. 1.3 USER agrees to pay applicable sewer, water and street System Development Charges (SDC's) in accordance with City policies. PROVISION OF PUBLIC FACILITY IMPROVEMENTS 2. FACILITIES shall be supplied only through components constructed by City approved contractor, installed to City Standards and Specifications and owned by City. All facilities except USER'S service connection lines shall be installed within public right of ways or City easements. Easements shall be granted to City free and clear of all liens and encumbrances. 2.1 USER shall not connect to CITY'S facilities until City accepts facilities installed by USER in writing and a Maintenance Agreement between the City and USER is established. 2.2 USER shall promptly pay all charges for City services when due. Charges shall be as prescribed by the appropriate schedule and may be changed from time to time. Return To : City of Bend Development Services Page 1 of 5 P.O. Box 431 Deschutes County Health & Human Services Bend, OR 97709 2577 NE Courtney PZ 99-193 J:\PZTEXT\PZ 16424. DOC 2.3 No other use of CITY services or CITY facilities shall be permitted without express written consent of the CITY. 2.4 USER shall comply with all applicable governmental laws, rules and regulations including but not limited to CITY ordinances, resolutions and the provisions of City public facility improvement policies as they now exist and as they may be changed from time to time. Any failure to comply with all terms and conditions of this agreement shall entitle CITY to terminate facility improvement services at CITY'S sole discretion. 2.5 If USER'S property is outside the City and USER receives City water, sewer and/or street service, USER'S service may be terminated at anytime after three month's written notice. EXTENSION OF PUBLIC FACILITY IMPROVEMENTS 3. USER shall comply with the following conditions if components to USER'S property require extension of sewer, water and street facilities. 3.1 USER agrees to perform all work necessary for the construction of the public facility improvements as shown on Exhibit "B" at USER'S sole expense and in accordance with the City's Standards and Specifications, within one year unless extended by City in writing. Or 3.2 The person, firm or corporation performing the work shall have construction liability coverage. Coverage shall be in the amount of a one million dollar combined single limit for bodily injury liability and property damage. USER shall hold City harmless and indemnify City from any • liability of any kind in connection with activities resulting from this agreement. 3.3 USER agrees to submit to the City a statement of all costs incurred on the project upon completion of the project. 3.4 City will charge appropriate fees for services rendered to USER. 3.5 USER agrees to obtain an Oregon State Highway, City or County street cut permit prior to any construction in right of ways. 3.6 When required by CITY, USER agrees to deliver to CITY "AS BUILT" reproducible drawings of the completed work, signed by an Oregon professional engineer prior to acceptance of the work by CITY. 3.7 The total amount due and payable upon signing this agreement is listed on Exhibit "C". Page 2 of 5 Deschutes County Health 8 Human Services 2577 NE Courtney PZ 99-193 J:\PZTEXT\PZ 16424. D OC .. , E 99-04:?i 3 ADDITIONAL CONDITIONS FOR PROVISION OF WATER FACILITIES USER agrees to perform all work necessary to install water service lines with meters and housings if required. Said installations to be completed in accordance with Exhibit "B" and City Standards and Specifications. The meter, to be installed by contractor, must be stamped and registered by CITY Public Works department prior to installation. USER agrees to perform all work necessary to install on USER'S property at a City approved location a backflow prevention device approved by the Oregon State Health Division and the City of Bend Standards and Specifications if required. This device must pass inspection by a certified backflow prevention inspector. USER agrees to have test cocks installed on this device as shown in the specifications. USER also agrees to comply with the annual requirement for checking the backflow protection valves at USER'S expense. Not required Double check type QReduced Pressure Type FIRE SERVICES: When required, fire services will be included on Exhibit "B", including locations of all fire services and associated backflow devices. FOR PROVISION OF SEWER FACILITIES An Industrial Discharge Permit may be required for some projects. If required, USER shall obtain this permit from the City of Bend Public Works Department. FOR PROVISION OF STREET FACILITIES USER shall construct all required public and private street improvements according to the attached City Street Policies. CITY shall review and approve all private street improvements in accordance with the City of Bend Zoning Ordinance. LAND USE DECISION REQUIREMENTS USER shall comply with and meet all requirements specific to this development as stipulated in the City of Bend Land Use Decision and Development Agreement, including additional conditions for public facility improvements not mentioned above. BUILDING PERMIT ISSUANCE POLICY USER acknowledges that City policy prohibits release of building permits until all of the required public facility improvements for the project have been completed, approved by the City, and the one-year warranty (maintenance) period has begun. Page 3 of 5 Deschutes County Health &Human Services 2577 NE Courtney PZ 99-193 J :\PZTEXT\PZ 16424. DOC t r EXHIBIT "C" f ? --5 7 �;V_ Enaineerina Fees Water plan review submittal $275.00 $275.00 Water line fee 396 If x $1.10/ft $435.60 Fire service/hydrant fee 2 x $165.00 per service/hydrant $330.00 Water service tap inspection $ 50.00 Sewer plan review submittal $275.00 $....... Sewer line inspection fee If x $1.10/ft $........ Manhole fee, # of manholes x $55.00/manhole $........ Sewer tap inspection $........ Sewer lift station telemetry $........ Street review submittal $........ Street fee If x $1.10/ft $........ Drainage Plan review submittal $........ Drainage line fee If x $1.10/ft $........ Final Plat Fees Submittal fee $275.00 + lots x $30.00/lot = $........ Partition Fees Submittal fee $275.00 + lots x $15.00/lot = $........ MISCELLANEOUS Agreement processing fee $ 90.00 Recording fee $ 80.00 DATE PAID RECEIPT # Page 5 of 5 Deschutes County Health &Human Services 2577 NE Courtney PZ 99-193 J:\PZTEXT\PZ16424.DOC TOTAL DUE$1,260.60 f DATED this a,1d day of STATE OF OREGON ) )ss County of Deschutes ) 9t? -5 t7gwe - S '19 6?9 USER BY: 4�z eschutes County Health & Human Services This in ument was acknowledged before me on pity D r 1-•m� by �-ke NOTARY PUBLIC FOR OREGO My Commission Expires: Lo-a— CITYJ6 , �r DOE6MENT SERVICES EXHIBIT "A" OFFICIAL SEAL VIC IE M BRANSKY NOTARY PUBLIC -OREGON COMMISSION NO. 311581 MY COMMISSION EXPIRES MAY 29, 2002 Lot 7, The Woodlands Phase II, Deschutes County, Oregon 4K1 Page 4 of 5 Deschutes County Health &Human Services 2577 NE Courtney PZ 99-193 J:\PZTEXT\PZ16424.DOC s Consent of Lienholder Loan #: 7826729-472 Norwest Mortgage, Inc. a California Corporation ("Lienholder"), hereby consents to the grant of the Easement, recorded in Vol: 1999 at Page: 53709-1 with the Deschutes County Records, by�zdnuel J. Goodwin and Lynne K. Goodwin as tenants by the 6*' ip entirety, and Gary Spector and Carol Wilson, husband and wife, and joins in the Geos execution hereof solely as Liend-colder and hereby does agree that in the event of the 00� foreclosure of said mortgage, or other sale of said property described in said mortgage �� under judicial or non judicial proceedings, the same shall be sold subject to said Easement. TV �P.fi 5 StMtx ' Signed and Executed this 23rd day of November, 1999. Ct A Norwest Mortgage, Inc. `� �ABy 3 Edward A. DeBus/Assistant Secretary State of Maryland County of Frederick Before Me, the undersigned authority, on this day personally appeared Edward A. DeBus, Assistant Secretary of Norwest Mortgage, Inc., a California Corporation, known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of the said corporation. Given under my hand and seal of office this 23rd day of November, 1999. Notary Phblic My commission expires: ------------ Notary Public Montgomery County DAVID TRAFICANTI Maryland • My Commission Expires Dec. 16, 2002 0 Message Jeff Sageser From: Laurie Craghead Sent: Wednesday, January 21, 2004 3:51 PM To: Jeff Sageser Subject: Rescission of Deed of Reconveyance Page 1 of 1 The notes on the two documents regarding Rick's advice do not indicate inconsistent advice. The note on May 20, 1999 Perkins recession says it was recordable because all the parties signed. In other words, there was, apparently, another page showing that the original Trust Deed grantors/trustors agreed to the recession. Thus, there's no improper clouding of title without the owners' knowledge. The 2nd, Nov 9, 1999 Kaufman, recession doesn't have all the parties signing. Nor is there a court order requiring its recording. Thus, it's not recordable because of no statute authorizing such a unilaterally signed document. I've been researching the statutes and do not find any that allow for a unilaterally signed document to be recorded. To record such a document would be just as onerous an action as recording a common law lien. A couple of thoughts on the Release of Trust Deed. ORS 86.720(4) says a Release of Trust Deed can be recorded so long as it meets certain requirements. The copy you gave me is deficient in at least 6 of the 8 statutorily required items. That's why it was unrecordable in that form. Laurie Craghead .assistant LegaCCounseC •Deschutes County (541) 388-6593 • THIS ELECTRONIC TRANSMISSION IS CONFIDENTIAL. IN PARTICULAR, IT MAY BE PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE, THE WORK PRODUCT PRIVILEGE, AND OTHER PRIVILEGES AND CONFIDENTIALITY PROVISIONS PROVIDED BY LAW. THE INFORMATION IS INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE SENDER HAS NOT WAIVED ANY PRIVILEGE AND THAT YOU MAY NOT READ, DISCLOSE, COPY, DISTRIBUTE, USE OR TAKE ACTION BASED UPON THIS TRANSMISSION OR ANY ACCOMPANYING DOCUMENTS. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THIS OFFICE AND DELETE THE E-MAIL. 1/21/2004 Post UO brand fax transmittal memo 7671 # of pages ► To From l---iA.i��✓► 2 t Dept, Phone Fax # LV ..__ Fax # ^ rr 1�'f WHEN RECORDED MAIL TO A 4v 1' O WELLS FARGO BANK N.A. R A VVVQ / ATTN: ROSIE GRAVES V G P.O. BOX 4275 MAC P6052-017 ( / PORTLAND, OR 972084274 e ,l RESCISSION OF DEED OF RECONVEYANCE 11 Account No.: 513-001-0782920-8001 Wells Fargo Bank (Arizona), N.A. ,Trustee under that certain Deed of Trust dated February 6, 1991, executed by SAMUEL J. KAUFMAN AND CAROLINE L. KAUFMAN as Trustor(s), and Wells Fargo Bank, N.A. as beneficiary, did record a Deed of Trust on February 8, 1991 in Instrument No. 91-03300, Book 228 at Page 0551 of Official Records, DESCHUTES County, Oregon covering the following described property: LOT 20, EAGLEWOOD AT SUNRIVER, DESCHUTES COUNTY, OREGON, AKA 57870 SILVER FIR CIRCLE, SUNRIVER, OR WHEREAS, Wells Fargo Bank (Arizona), N.A. did erroneously execute on October 5, 1999 a Deed of Reconveyance recorded under Instrument No. 12621, in Book 1999 at Page 50274 on October 18, 1999 in the Official Records, DESCHUTES, Oregon. All sums and/ or other obligations secured by this Deed of Trust have not been fully paid or satisfied, therefore, Wells Fargo Bank (Arizona), N.A. does hereby withdraw, cancel, and declare that the recordation of said document is invalid and not in accordance with the conditions of the original Deed of Trust. Dated: November 9, 1999 STATE OF OREGON I SS COUNTY OF WASFIINGTON This foregoing instrument was acknowledged before me, the undersigned Notary Public, on this November 9, 1999 .by BABETTE WASHBURN, MANAGER of Wells Far Bank (Arizona), N.A. Notary's Signature (Seal) rg OFFICIAL SEAL ROSALIE A. GRAVES NOTARY PUBLIC • OREGON COMMISSION NO. 062653 MY COMMISSION EXPIRES MARCH 11, 2001 Wellamzo, na), N. . BABETTE WASHBURN, MANAGER Recc'rd & Return: Gregory P. Lynch 747 SW Tndustrial Way Bend, OR 97702 • RELEASE OF TRUST DEED IT IS HEREBY AGREED BETWEEN THE PARTIES that the Trust Deed previously executed on or about January 25, 1999, by Shepherd in favor of Laurie in the amount of $24,900, and which is currently a lien upon Shepherd's real property located at 63905 Sunset Drive, Bend, Oregon, 97701, shall be and is hereby released, and shall be reformed trust deed shall be executed by Shepherd, modifying the terms of the note so that there is a due date of May 1, 2009, for the payment in full of said obligation. In addition, at any time during said ten year period, Laurie agrees to release the said trust deed from the real property located at 63905 Sunset Drive, Bend, Oregon, so that Shepherd may purchase and so long as there is a new piece of real property against which the same or similar note and trust deed can be recorded as a lien in not less than second position. IN WITNESS W REOF, the parties have signed on the dates indicated. _ DATED ZZ ,1999 TERRI K. SHEPHERD %' IG DATED ,1999 ALAN LAURIE STATE OF OREGON, County of Deschutes, ss: The foregoing instrument was acknowledged before me on the 1-tu day of �u..iy,4�_7 , 1999, by TERRI K. SHEPHERD. OFFICIAL SEAL Vi CAROLNOTARY PUBLIC FOR OR N NOTARY PUBLIC-OREGON' COMMISSION NO. 302569 My Commission Expires: MY COMMISSION EXPIRES JUNE 29, 2001 STATE OF OREGON, County of Deschutes, ss: The foregoing instrument was ackno fid 1999, by ALAN LAURIE. / NOT -PUBLI 1 OFFICIAL SEAL My ommission CAROLE LACKEY 4 +K NOTARY PUBLIC -OREGON COMMISSION NO. 058077 MY OMIMISMON EXPIRES NOV. 11, 2QW ged before )�ie on the 8 day of • A F) At5 PAGE 1 - RELEASE OF TRUST DEED [GPL-cl-7515.009-P:IDATAIGPLICLIENTSIG.L\L\LAURIE-AISHEPARDISHEPARD.007=June 4, 1999] 4, wr�l After Recording Return to: • American General Finance, Inc. 515 SW Cascade Avenue No. 3 Redmond, OR 97756 Attn: Cheyenne 3 0- , -- RECISSION OF MISTAKEN RECONVEYANCE Rescission This $9*gyipNof Mistaken Reconveyance, made this IP day of May, 1999, by and between Jeffery A. Perkins, as Grantor, and AmeriTitle, as Trustee, and American General Finance, Inc., as Beneficiary, I rAj) WITNESSETH: A. A Trust Deed with Jeffery A. Perkins, as grantor, and AmeriTitle, as trustee, and American General Finance, Inc., as beneficiary was recorded February 25, 1997 in Book 439, Page 425, Deschutes County Records, Deschutes County, Oregon, affecting real property described as Lot Eight (8), Block Five (5), WOODRIVER VILLAGE, Deschutes County, Oregon. B. In error, the beneficiary requested the trustee to prepare and record a full reconveyance of the trust deed mentioned above. is C. In accordance with said instructions, the trustee prepared said full reconveyance and recorded the same on May 7, 1999 in Volume 1999, Page 22806, Deschutes County Records, Deschutes County, Oregon ("The Mistaken Full Reconveyance"). D. The grantor, trustee and beneficiary wish to acknowledge that said mistaken full reconveyance was executed in error and contrary to the intent of said parties and wishes to confirm that said trust deed continues to be a lien secured by said property described above, unaffected by the mistaken full reconveyance. AMERITITLE By: a,!� , Chuck Sheffield, Op ions Manager State of Oregon ) )ss. County of Deschutes ) Chuck Sheffield, Operations Manager of AmeriTitle, Inc., dba AmeriTitle, acknowledged the foregoing instrument before me on w a , I9mg , OFFICIAL SEAL- WI v TRACY L SWEARINGEN P c for Oregon r NOTARY PUBLIC -OREGON My Conkosion expires: 3 COMMISSION NO. 322829 MY COMMISSION EXPIRES APR. 25, 2003 kftcr recording, return tL AmeriTitle 1; OPECION AVENUE, BEN[ • Americ General Finance, Inc. By: 'D21� Lis Mi s ,, Mana er State of Oregon ) )ss. County of Deschutes ) Lisa Mills, Manager of 4merican General Finance, Inc., acknowledged the foregoing instrument before me on MO9MW WO NOSSIS AW IOa 00lJt110N NOSSISVr JO IS State of Oregon ) ss. County of Des utes ) 0 1999. No blic for Oregon Myka6mmission expires: Jeffery A. Perkins acknowledged the foregoing instrument before me on /tow 1 _, 1999. ='= � OFFICIAL SEAL N Public for Oregon JAMES SISSON Wcommission expires: NOTARY PUBLIC -OREGON COMMISSION NO. 056478 MV COMMS" EXPIRES AUG. 5.2000 MAY -20-1999 THU 11:02 AM D/C LEGAL DEPARTMENT MAY -20-99 THU 10,08 AM DESCHUTES CO CLERKS 3 u r., Attar R nli ecordi Return to: American, General Frnance,'no. 515 SW Cascade Avenue No. 3 Redmond, OR 97756 Attn; Cheyenne FAX NO, 541 383 0496 P. 01 FAX N0, 541 388 6830 7 P. 01 TAKEN RECONVEYANCE �N P� RECISSION OF MISTAKEN pj ThIs�s►e;gp'/o made this I x` day of Wy,1999, by and 4� 4l�ifldP��Mist�aken Reconveyance, � bttweenhmf ry A, rkrla s, as Grantor, arrd ArneriTille, as Trustee, and America" General Finance, V WIT14ESSETH: A. A Trust Decd with JeWery A. Parkins, as grantor, and AmM iTitle, "trustee, and Arr►erican General Finance, W as bencliciarY was recorded February 25, 1997iri Book 439, Page 425Deschutes County Records, Desobutee County, Oregon, alfeeting real property described as 1.,ot EiQbt (9), Block Vive (5), WOODPJVEA VILLAGE, Deschutes County, Oregon. R. In error, the beneficiary requested the trustee to prepare and record a full reconveyance of the trust dead mentioned above. isC, In aeeordoce with sald instructions, the trustee prepared said Rill reGOnveyanee and rec:ordcd the same on May 7, 1999 In Volume 1999, Page 22906, Deschutes County Records, Deschutes County, Oregon C rhe Mistaken Full geaonveyanoe), D. 'the grantor. trustco and beneficiary wish to acknowledge that paid fWataken full 1-6 s 05 1 reconveyance was executed in error and corrirary to the intent oisaid parties and ' I wishes to amfrm that said trust men full obe raunveYancc, secured by said property described above, unairected by Vl C• Lfz� K, AMERITITLB By: 1� ON" V) � c5et Y?-eCA2jLO Chuck SheZold, Op cons Manager Q�WQ Oregon )sa. County of Deschutes ) Chuck Shellicld, Operations Manager of AmetiTide, dna-, dba MteriTitic, acknowledged the foregoing instrument before me an -&A� 19 9 , o"101�1L f1F F b c {pr brogon TRAOY L $W9expires- COM rupuN My Dom 1 cion expi COMM19SION e MY COMN1"10N NXIIIAE9 9003 Irtcr racording, return t� 9 onFOON AVENUE, BENI • 0 AFTER RECORDING RETURN TO: Sharon Benedek Allen Matkins Lock Gambol & Mallory LLP 501 West Broadway, Suite 900 San Diego, CA 92101 Loan No. 00384776 TERMINATION OF SUBORDINATION AGREEMENTS THIS TERMINATION OF SUBORDINATION AGREEMENTS ("Agreement") is made to be effective as of JULY aL, 2002 by and among: "Lender" BANK OF AMERICA, N.A., a national banking association, whose address is: Home Builder Division WA3-504-04-01 10500 N.E. 8th Street, Suite 400 Bellevue, WA 98004 Attention: Loan Administration "Subordinator" THOMAS F. LENNON, Receiver of Capital Consultants, LLC, an Oregon limited liability company in the cases of Securities and Exchange Commission v. Capital Consultants, LLC, et al., (U.S. District Court, District of Oregon Case No. 00 -1290 -KI) and Elaine L. Chao. Secretary of Department of Labor v. Capital Consultants, LLC, at al., (U.S. District Court, District of Oregon Case No. 00 -1291 -KI) pending in the United States District Court, District of Oregon, whose address is: 2300 Southwest First Avenue, Suite 102 Portland, Oregon 97201 And 7777 Alvarado Road, Suite 712 La Mesa, California 91941 Consent to Subordinate Financing and Agreement of Subordination (rev. 9/12/2000) ::00MAIPCD0CSIP0RTLAND\29W74\2 7/19/2002 FORM No. 1144 - BOND FOR RELEASE OF CONSTRUUMN NT Bond No. 34BSBAJ7351 BOND FOR RELEASE OF CONSTRUCTION LIEN FAMILI.AN NORTHWEST -------------------------------------------------------- 9208 North Tyndall____________________________ Portland, —Oregon_ 97217______________________ L1en a911nant's Name and Address FRED MEYER STORES t INC. --------------------- ---------------------------- Portland,, ------- _____________________Portland,Oregon _97202____________ OmWs Name and Address Atter recording, realm to (Name, Address, Zip): CSI--CONSTRUCTION-COMPANY ------------------ 7515 _NE_Ambassador_Place,,_-Suite -E ____- Portland,_ Oregon_97220______________________ Lm rm1a , Deputy KNOW ALL BY THESE PRESENTS that we, _CSI CONSTRUCTION_COMPANY ___________________________----------- ------------------------------------------------------------------- as principal, and HARTFORD FIRE—INSURANCE COMPANY as surety, are held and firmly bound unto CLERK_OF THE DISTRICT_COURT_OF THE COUNTY OF DESCHUTESl__STATE OF_ 012E_Q-------- ----- as obligee, in the sum of ­TENTHOUSAND NINE _HUNDRED _SIXTY_NINE_ AND_ 111100_--- _________ Dollars (S_101969_ 11—), to the payment of which we bind ourselves, our heirs, executors and successors, jointly and severally. The obligee is the claimant under a certain construction lien in the amount of $ *____, recorded on the 20th ------- day of ---- January_-_---------- 2W2C0Qn book/volume/reel No. 2000________ at page --2125 _______, and/or as feeifile;'instmrment/microfiWreception No. ______________ (indicate which), in the Records of --- Des-cbutes------- —__ County, with respect to labor upon, or the transporting or furnishing of materials to be used in, and/or the renting of equipment used in the construction of an improvement at __ Property__Described r]._Exhibit_A------------------ _---------------------------- ---- --------- _______________, in the City of __ Re-dMn(3------------------ Deschutes ----------- -----------Deschutes___________ County, Oregon, as set forth with particularity in the lien. The principal disputes the correctness or validity of such claim of lien and desires to execute and record a bond to free the above described real property from the effect of the claim of lien and any action brought to foreclose it. If the owner of the improvement or land against which the lien is claimed shall pay the amount of the claim, as well as all costs and attorney fees which are or may be awarded against the improvement or land on account of the lien, then this obligation shall be void. Otherwise, it shall remain in full force and effect. Dated ---- Februar—V- 22 ------------ Z7-200 CSI CONSTRUCTION COMPANY X16 E lam'--� _ ------------ �� -- -- Too Roger B. Upson Vice-Preplae.l HARTFORD FIRE INSURANCE COMPANY -------------------------------------------- --------------------- nW By L- _ L�3. ��'�j----------- «��u--- C nthia M. Burnett, Suretv *$500.00 for anticipated service charges, interest, court costs and attorneys fees i FIRST AMEHiib, Rogal and Hamilton Company AMERICAN '! t Q..F /�� .t Genver OILWANCE COMPANY OF ORh-:i 529 - MA) 1' and i of aieelt I>. au or 31ac>cs la it• tZ i3• t0 Ammm TO THE CS3Y Lim S. 6. 9 D T+OWNSI-05 CO. 3GCON it tsf Dtectt tS, ail ++t . 01a SIMMO• Dash ninc et 8t1► Staet:t. !th Melt. aWhichTpGittKep vm a►o.s Peototmead >p � 3, 10. I1. Il»13-14 heipar A,awe xat dta jua;W fir ic ,cation metao, . arovltt tR41S l0 � wb0� `�`•ted itis vx 3awmmw Qlaflef Af Sttesttia Stttleeat (16). TpWrs f A um at land sew $ T��y p». RAST Of T" WIUAMEM sprw (13) SOUTR. int WAW t petting of t0 tttapeM dWfvjvd to M=IAN. 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DW-W= Co�nt1► or D . tet in ° • 43' 04, Sdt d* p� iiee or said EVO � • pand Reeotsts: pwtee NMA 39 ,tat Oat the West too or � flyy boo Ila; s e$nataee 340 10 > to a POW " fibtii OI �' Uaa or said Sarettt5 AuW �; own fovtD 04 34 7a So+a of U � . awn= aWe UW wast a eita>re of 74,29 fltat to a 92s.93 �► tyros ear+e to tito ie�n n a loco i wife of rj%M of way time sad told 92o.f3 9001 tam coSorrttb all, "��go eof 90.30 (A. p0• !0• (tea tondwd of wtdoh 447!!uses totlw0► Dead 99.13 10 to pm pe file iieM lint � Inti m !el that circ okfl %a f ltadn w` sw V Wax Joe. f"M L. ilia; D im ad }latetds: theact 3outlt a9' 19' 32- fittest 119M tt o t WU% Iks o< Iat4 C1t7 Za. of I66.+? felat to $ Pa'ar ea i1+e'aal tiee dtatsof. the tCt 90oth 00' 2C' eget s ditu s reel a Own of 210.00 tat a a POW Tartu along the wat qne of s,0 7 of A>tdna µi I=""m Saadi line of aid C1t7 of oft tlnr SattA Bare tttereOF. tlueeea NoM t! 9ared a distorts Of 10' 10 fad to tM V. live of ilia niba:tsid Oc+eatA Amt f4tum or IS' 11. 16' Wets 219% tfis West Gee of ss61 E& Wit Destjn. Inc-"c Ott tltattca Sewh whi+ �. piastie cap t�Ytrw 63.37 teat to a Yr it" Md ie 4vh4wmp 0 r� U Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duty organized y under the laws of the State of Connecticut, and having its principal office in the City of Hartford. County of Hartford, State of Connecticut, does hereby make, constitute and appoint COURTNEY T. PETERSON, LEON B. DAR710IS, JAMES S. ROSULEX J. R. RICHARDS, DOUGLAS J. ROTHEY, SUSAN J. RAWSON and CYNTHIA M. BURN= of DENVER, COLORADO its true and lawful Attomey(s)-in-Fad with full power and authority to each of said Attomey(s)-in-Fad, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms an that its said Attomey(s)-in-Fad may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, Cthe Company") as amended by the Board of Directors at a meeting duly called and held on July 9. 1997. as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vke-President, acting with any Secretary or Assistant Secretary shad have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, raWrignaances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed. with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any We -President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attomays4n-Fad and at any time to remove any such resident Vice -President, resident Assistant Secretary, or Attomey4n-Fact. and revoke the power and authority given to him Resolved, that ere signatures of such Officers and the sal of Me Company may be affixed to any such power of attomey or b any certificate relating thereto by facsimile, and any such power of attorney or owdficeta bearing such beelmile signalum or bcsinde, sal chat be valid and binding upon the Company and any such power so executed and careeed by farsimle so-gWres and bcshn,b sal shall be veld and NO upon the Company in the future with respect to any bond Of undena" to which it is attached. . In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice President, and its corporate seal to be hereto affixed, duty attested by its Secretary, this 15th day of September, 1997. Aires. HARTFORD FIRE INSURANCE COMPANY Richard A. Hermanson, Secretary STATE OF CONNECTICUT SS. COUNTY OF HARTFORD SEAL John F. Burke, Assistant Vice President On this 15th day of September, A.D. 1997, before me personally came John F. Burke, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford. State of Connecticut that he is the Assistant Vice -President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument that he knows the seal of the said corporation; that the seal affixed to the said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by pre order. • * e + ?a I STATE OF CONNECTICUT I SS. ' • tti�i r� Jean H. Wozniak Hotw Public COUNTY OF HARTFORD CERTIFICATE MyConumissimExpaesbme30,2004 1, the undersigned, Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connedicut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore. that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Form 51507-9 (HF) Primed in USA Dated the 22nd day of February }9X 2000 SEAL ,. Robert L Post. Secretary To: Susie Penhollow , ¢ From: Jeff Sageser I" Re: Two (2) Assumption Agreements Recorded January 13, 2000 lobDate: March 6 2000 Now that County Counsel advises us assumption agreements are recordable please note that a cover page entitled "Modification of Deed of Trust/Mortgage" was required for the following assumptions. We indexed the instruments based on the cover page and Counsel's advice. The index follows: Vol -Page: 2000-1249 Document type: Modification of Mortgage/Trust Deed (M -MOD) Recorded: 01/13/2000 at 11:06 First party: HERGENRADER L RALPH TRUSTEE; HERGENRADER MARGUERITE H TRUSTEE; HERGENRADER FAMILY TRUST Second party: WERME DOUGLAS R; STOMP CHERYL A Remarks: • SEE DOCUMENT FOR COMPLETE LEGAL; TRUST DATED MARCH 22,1990; FIRST AND SECOND PARTIES INDEXED PURSUANT TO COVER PAGE Plat legal: FAIR ACRES ADD BO L11; FAIR ACRES ADD BO L12 Subdivision Block Lot: FAIR ACRES ADDITION Block 0 Lot 11(FAIRA-0-11); FAIR ACRES ADDITION Block 0 Lot 12 (FAIRA-0-12) Previous records: 257-270 on 11/14/1978 Vol -Page: 2000-1250 Document type: Modification of Mortgage/Trust Deed (M -MOD) Recorded: 01/13/2000 at 11:06 First party: HERGENRADER L RALPH TRUSTEE; HERGENRADER MARGUERITE H TRUSTEE; HERGENRADER FAMILY TRUST Second party: WERME DOUGLAS R; STOMP CHERYL A Remarks: TRUST DATED MARCH 22,1990; FIRST AND SECOND PARTIES INDEXED PURSUANT TO COVER PAGE Plat legal: RIVERSIDE B41 L9; RIVERSIDE B41 L10; RIVERSIDE B41 L11 Subdivision Block Lot: RIVERSIDE Block 41 Lot 9 (RIV-41-9); RIVERSIDE Block 41 Lot 10 (RIV-41-10); RIVERSIDE Block 41 Lot 11 (RIV-41-11) Previous records: 323-134 on 12/11/1981 Our method of indexing assumption agreements is First Party: (1) Old Borrower, (2) New Borrower, and Second Party: Beneficiary. The current index fails to list the beneficiary and incorrectly shows the new borrower as the Second Party. Copies of these documents are attached for your convenience. If changes to the index are needed • please let me know. VOL: 2000 PAGE: 1249 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *2000-1249 * Vol -Page Printed: 01/13/2000 11:24:57 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: Jan. 13, 2000; 11:06 a.m. RECEIPT NO: DOCUMENT TYPE: FEE PAID: 15935 Modification of Mortgage/Trust Deed NUMBER OF PAGES: 8 r�� MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK 0 U • aa00 - A2419 RECORDED BY 5. ORN TITLE & ESCROW CO. MODIFICATION OF TRUST DEED STAFFORD SQUARE II 1st Party L. Ralph Hergenrader, Trustee and Marguerite H. Hergenrader, Trustee of the Hergenrader Family Trust, U.A.D. March 22, 1990. 2nd Party Douglas R. Werme and Cheryl A. Stomp After recording return to: Oregon Houseng and Community Services Dept. 1600 State Street Salem, OR 97301-4246 Attn: J. Thiessen 2odo After recofding, Mturn to: Oregon Housing and Community Services Dept. 1600 State Street, Salem, OR 973014246 Attn: J. Thiessen STAFFORD SQUARE II ASSUMPTION AGREEMENT This ASSUMPTION AGREEMENT is made this � day of 20CJy , by and between L. Ralph Hergenrader, Trustee and Marguerite H. ergenrader, Trustee of the Hergenrader Family Trust, U.A.D. March 22, 1990, hereinafter referred to as "Seller"; the Oregon Housing & Community Services Department, State of Oregon, formerly known as Housing Division, Department of Commerce, State of Oregon, having its principal office at 1600 State Street, Salem, Oregon, 97301, hereinafter referred to as the "Department"; and Douglas R. Werme and Cheryl A. Stomps, hereinafter referred to as "Purchaser." RECITALS 1. On October 23, 1978, Rawlins & Rex, A partnership, hereinafter referred to as "Original Borrower", received a loan from the Department in the amount of One hundred ninety thousand six hundred and no/100 dollars (U.S. $190,600.00), hereinafter referred to as the "Loan," to aid Original Borrower in the construction and financing of a housing development located at 724 NW 4th Street, Redmond, Oregon 97756, and legally is described as follows: Lots 11 and 12, in Fair Addition to the City of Redmond, Deschutes County, Oregon, except the South One hundred thirty-five feet (135') of the West One hundred fifty-five feet (1551) and also excepting the East One hundred forty- five feet (145'). Excepting therefrom the West 155 feet of Lot 11. The same property is also described as: The West 155 feet of Lots Eleven (11) and Twelve (12), FAIR ACRES ADDITION, Deschutes County, Oregon. EXCEPTING THEREFROM the South 135 feet of the West 155 feet of said Lot Twelve (12) This housing development is identified by the Department as Project No. OR16-1­1029- 054, and is hereinafter referred to as the 'Development." 2. The Loan is evidenced by a Trust Deed Note in the sum of One Hundred Ninety thousand, six hundred and no/100 dollars (U.S. $190,600.00), dated October 23, 1978, and executed by Original Borrower, which Trust Deed Note is hereinafter referred to as the "Note." The Note is, by this reference, incorporated herein. A true and accurate copy of the Note is available upon request from the Department, 1600 State Street, Salem, Oregon, 97301. Page 4- of 7 Stafford Square I1 Assumption Agreement z,a ov - /2-I4)- 3 3. The debt evidenced by the Note is secured by a Trust Deed covering the Development and real property upon which the Development is located. Said Trust Deed, dated . October 23, 1978, executed by Original Borrower, as grantor, and in which the Department is named as beneficiary and Deschutes County Title Insurance Company, as trustee, was recorded on November 14, 1978, in the Mortgage Records of Deschutes County, in Volume 257 on Page 270 and is hereinafter referred to as "Trust Deed." The Trust Deed is, by this reference incorporated herein. A true and accurate copy of the Trust Deed is available upon request from the Department, 1600 State Street, Salem, Oregon, 97301. 4. The debt evidenced by the Note is further secured by the following written agreements made by and between Original Borrower and the Department: a. a Regulatory Agreement dated January 19, 1978, recorded in Deschutes County Deed Records on November 14, 1978 in Volume 257, on Page 239, hereinafter referred to as "Regulatory Agreement"' b. a Housing Assistance Payments Contract effective 'dated August 9, 1978, hereinafter referred to as "HAP Contract"; and C. a Management Agreement dated April 24, 1990, hereinafter referred to as "Management Agreement." The Regulatory Agreement, HAP Contract, and Management Agreement are, by this reference, incorporated herein. True and accurate copies of these documents are available upon request from the Department, 1600 State Street, Salem, Oregon, 97301. 5. On April 24, 1990, Original Borrower sold the Development to Seller. Seller agreed to pay the Note in installments at the times, in the manner, and in all other respects as therein provided; to perform all of the obligations provided in the Note, Trust Deed, Regulatory Agreement and HAP Contract to be performed by Original Borrower at the times, in the manner, and in all respects as therein provided; and to be bound by all of the terms of the Note, Trust Deed, Regulatory Agreement and HAP Contract. The Assumption Agreement executed by Seller, Original Borrower and the Department on April 24, 1990 was recorded in Deschutes County Official Records on April 24, 1990 in Volume 207, Page 986. A true and accurate copy of this Assumption Agreement, hereinafter referred to as "Seller's Assumption Agreement", is attached hereto as "Exhibit A" and is, by this reference, incorporated hereip. 6. The Trust Deed, Regulatory Agreement, and Seller's Assumption Agreement provide that Seller shall not sell, convey or otherwise transfer any of the Development or property described in the Trust Deed without the express written approval of the Department. 7. The Seller has sold and conveyed, or is to sell and convey, the Development and all of the property described in the Trust Deed to Purchaser, and both Seller and Purchaser have requested the Department to approve the sale. • Page -2- of 7 Stafford Square II Assumption Agreement �o od NOW, THEREFORE, in consideration of the covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby • acknowledged, and intending to be legally bound hereby, the parties hereto covenant and agree as follows: I UNPAID BALANCE OF SECURED OBLIGATION The unpaid balance of the Loan is Ninety-eight thousand two hundred seventy-one and 051100 dollars (U.S.$98,271.05) as of December 15, 1999. Next regular payment is due January 15, 2000. H PURCHASERS ASSUMPTION OF LIABILITY Purchaser agrees to pay the Note in installments at the times, in the manner, and in all other respects as therein provided; to perform all of the obligations provided in the Note, Trust Deed, Security Agreements, Regulatory Agreement, and Management Agreement to be performed by Original Borrower at the times, in the manner, and in all respects as therein provided; and to be bound by all of the terms of the Note, Trust Deed, Security Agreements, Regulatory Agreement, and Management Agreement. III DEPARTMENTS CONSENT TO SALE OF DEVELOPMENT • The Department hereby consents to the above-mentioned sale of the Development by Seller to Purchaser, and to Purchaser's assumption of the obligations of the Original Borrower and Seller under the Note, Trust Deed, Security Agreements, Regulatory Agreement, and Management Agreement. IV MANAGEMENT OF THE DEVELOPMENT Purchaser agrees to be fully responsible for the management and maintenance of the Development. Purchaser shall file with the Department a Management Agreement in form and content satisfactory to the Department which provides for the management and maintenance of the Development. Any management agreement approved by the Department shall remain in effect at all times for the duration of the Loan. No change may be made in the management of the Development without prior written approval of the Department. V DISCLOSURE OF FINANCIAL INFORMATION Seller and Purchaser hereby covenant and agree to furnish to the Department on or before 90 days from closing, a complete financial statement audited by an Independent Certified Public Accountant, in a form acceptable to the Department, setting forth the results of operation of the Development for the fiscal period from January 1, 1999 to December 31, 1999 or the date of sale, Page -3- of 7 Stafford Square II Assumption Agreement 4 ow - 1.xqq-1' and such Ether financial information as the Department may reasonably request. Seller and Purchaser further agree that violation of the this provision shall constitute a violation of the • Regulatory Agreement by the Seller and Purchaser, who shall be jointly and severally liable for performance of the obligations described in this paragraph. VI NO IMPAIRMENT OF LIEN All of the property described in the Trust Deed shall remain subject to the liens, charges and encumbrances of the Trust Deed, and nothing contained herein or done pursuant hereto shall affect or be construed to affect the liens, charges and encumbrances of the Trust Deed, or the priority thereof over other liens, charges or encumbrances, or to release or affect the liability of any party or parties whosoever would now or may hereafter be liable under or on account of the Note or Trust Deed. VII TRANSFER OF DEVELOPMENT PROPERTY Purchaser covenants and agrees that it shall not, without the express prior written approval of the Department, sell, lease, assign, dispose of, convey or otherwise transfer or encumber any of the Development or the real or personal property, including rents, covered by the Trust Deed or Regulatory Agreement. VIII • CONSENT TO FUTURE MODIFICATIONS Seller, Purchaser,,and any person or persons at any time obligated for the performance of the terms of the Note, Trust Deed, Security Agreements, Regulatory Agreement, Management Agreement or Seller's Assumption Agreement, hereby waive notice and consent to any and all extensions and modifications of any of said instruments, deeds and agreements granted at any time by the Department to Purchaser, Seller, Original Borrower or any person or persons now or hereafter obligated or liable under any of said instruments, deeds or agreements. IX INTERPRETATION In this Agreement, the singular number includes the plural and the plural number includes the singular. If this Agreement is executed by more than one person, firm or corporation as Purchaser or Seller, the obligations of each such person, firm, or corporation hereinunder shall be joint and several. • Page -4- of 7 Stafford Square II Assumption Agreement ----------- x CONFLICTING PROVISIONS The parties hereto agree that the provisions of this Agreement, and of the Note, Trust Deed, Security Agreements, Regulatory Agreement, and Management Agreement, shall govern and control notwithstanding and conflicting provision in any existing or future agreement between Seller and Purchaser. XI LIMITATIONS The right to plead any statute of limitations as a defense to any obligations or demands secured by or mentioned in the Note, Trust Deed, Security Agreements, Regulatory Agreement or Management Agreement is hereby waived by Seller and Purchaser to the full extent permissible by law. XII APPLICATION OF AGREEMENT This Assumption Agreement applies to, inures to the benefit of, and binds all parties hereto and their respective heirs, devisees, and administrators, executors, successors, and assigns. • XIII COUNTERPARTS This Assumption Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. XIV GOVERNING LAW This Agreement shall be governed and controlled as to validity, enforcement, interpretation, construction, effect, and in all other respects, by the laws of the State of Oregon. Page -5- of 7 Stafford Square II Assumption Agreement 0 • IN WITNESS WHEREOF, the parties have executed this Agreement at the day and year first above written. Department Purchaser OREGON HOUSING & COMMUNITY DOUGLAS R. WERME AND CHERYL A. STOMPS SERVICES DEPARTMENT By: 4�GT �! �� B;P�� Marlys K. Laver, Manager R.Asset & Property Management B Cheryl A. om s Seller L. RALPH HERGENRADER, TRUSTEE, AND MARGUERITE H. HERGENRADER, TRUSTEE OF THE HERGENRADER FAMILY TRUST, U.A.D. MARCH 22, 1990 --- By L. Ralpfi Hergenr, er, Trustee By: Mar u to H. Her en ad6 Trustee STATE OF OREGON 1 ss. County of Marion } a e�, a 7 , 19 9 9 Personally appeared Marlys K. Laver, who, being first duly sworn, did say that she is authorized to execute such instrument in behalf of the Oregon Housing and Community Services Department, STATE OF OREGON, and acknowledged said instrument to be its voluntary act and deed. Before me: OFFICIAL SEAL JOY V. MAZEWAS NOTARY PUBLIC -OREGON MY COMMISSION COMMISSION RES 822902003 Notary Public for Oregon My Commission expires: Page -6- of 7 Stafford Square II Assumption Agreement 1/1911-: o.1 ------------- ;z006-I.W41-8" • STATE OF OREGON } } ss. County o / S } /,, Personally appeared L- ( �" this /1 --day of , �OWand acknowledged the foregoing instrument to b"hi circle one) voluntar At and dee Before me: OFFICIAL SEAL Notary Public for Oregon BEVERLY MC KAY My Commission expires: NOTARY PUBLIC -OREGON DI COMMISSION NO. 300634 M OMMIS ION EXPIRES JULY 18 2001 STATE OF OREGON ss. County of 4 ) Personally appeared Alk9ldtH 1- this 12- day of jRl� and acknowledged the foregoing instrument to & (hi er; ircle on vo tary act deed. Before me: OFFICIAL SEAL Notary Public for Oregon BEVERLY MC KAY My Commission expires: NOTARY PUBLIC -OREGON COMMISSION NO. 300634 M OMMI 3 >N EXPIR S JU Y 18 2001 STATE OF OREGON ) ) ss. County o S } Personally appeared ! s P. this 12—day of J9 2y and acknowledged the foregoing instrument to b (hi r; circle on;ovtgar oluntary ac nd 'd;%NJ� Before m OFFICIAL SEAL BEVERLY MC KAY y Public for Oregon NOTARY PUBLIC -OREGON My Commission expires: COMMISSION N0.300634 I M OMMISSION EXPIR 8 JULY 1 B 2001 STATE OF OREGON } } ss. County of } Personally appeared 3" this 12- day of and acknowledged the foregoing instrument to be (h(61@circle one) voluntary ag and deed. Before me: 0,0 v'�GJ Notary Public for Oregon OFFICIAL My Commission expires: SEAL BEVERLY AV NOTARY PUBL C- REGON COMM OMMISCEIXPSROS JULY IS • Page -7- of 7 Stafford Square II Assumption Agreement i 40 0 VOL: 2000 PAGE: 1250 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *2000-1250 0 Vol -Page Printed: 01113/2000 11:25:17 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Jan. 13, 2000; 11:06 a.m. 15935 Modification of Mortgage/Trust Deed $66.00 NUMBER OF PAGES: 8 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK RECORDED BY • 4 6PtN TITLE & ESCROW 00• J MODIFICATION OF TRUST DEED PILOT BUTTE TOWNHOUSES 1st Party L. Ralph Hergenrader, Trustee and Marguerite H. Hergenrader, Trustee of the Hergenrader Family Trust, U.A.D. March 22, 1990. 2nd Party Douglas R. Werme and Cheryl A. Stomp After recording return to: Oregon Houseng and Community Services Dept. 1600 State Street Salem, OR 97301-4246 Attn: J. Thiessen 0 Atter recording, return to: .zDdv - /.ZS - �. Oregon Housing and Community Services Dept. 1600 State Street, Salem, OR 97301-4246 Attn: J. Thiessen PILOT BUTTE TOWNHOUSES ASSUMPTION AGREEMENT This ASSUMPTION AGREEMENT is made this /-2. day of -'4S"LtQ?-y , X00Q by and between L. Ralph Hergenrader and Marguerite H. Hergenrader, Trustees bf the Hergenrader Family Trust U.A.D. March 22, 1990 who originally took title in the individual names of L. Ralph Hergenrader and Marguerite H. Hergenrader, husband and wife, hereinafter referred to as "Seller"; the Oregon Housing & Community Services Department, State of Oregon, having its principal office at 1600 State Street, Salem, Oregon, 97301, hereinafter referred to as the "Department"; and Douglas R. Werme and Cheryl A. Stomps, hereinafter referred to as "Purchaser." RECITALS 1. On December 11, 1981, 1981, Pilot Butte Townhouses, a Joint Venture, hereinafter referred to as "Original Borrower", received a loan from the Department in the amount of Two hundred forty thousand seven hundred and no/100 dollars (U.S. $240,700.00), hereinafter referred to as the "Loan," to aid Original Borrower in the construction and financing of a housing development located at 444 NE Quimby Avenue, Bend, OR i97701, and legally described as follows: Lots 9,10 and 11, Block 41, RIVERSIDE, in the City of Bend, Deschutes County, Oregon This housing development is identified by the Department as Project No. OR 16-1-1029- 140, and is hereinafter referred to as the 'Development." 2. The Loan is evidenced by a Trust Deed Note in the sum of Two hundred forty thousand, seven hundred and no/100 dollars (U.S. $240,700.00), dated December 11, 1981, and executed by Original Borrower, which Trust Deed Note is hereinafter referred to as the "Note." The Note is, by this reference, incorporated herein. A true and accurate copy of the Note is available upon request from the Department, 1600 State Street, Salem, Oregon, 97301. 3. The debt evidenced by the Note is secured by a Trust Deed covering the Development and real property upon which the Development is located. Said Trust Deed, dated December 11, 1981, executed by Original Borrower, as grantor, and in which the Department is named as beneficiary and First Western Title Company, as trustee, was recorded on December 11, 1981, in the Mortgage Records of the Deschutes County, in Volume 323 on Page 134, and is hereinafter referred to as "Trust Deed." The Trust Deed Page - I - of 7 Pilot Butte Townhouses Assumption Agreement zoao-/aS0 3 is, by this reference incorporated herein. A true and accurate copy of the Trust Deed is available upon request from the Department, 1600 State Street, Salem, Oregon, 97301, 4. The debt evidenced by the Note is further secured by the following written agreements made by and between Original Borrower and the Department: a. a Regulatory Agreement dated December 11, 1981, recorded in Deschutes County Deed Records on December 11, 1981 in Volume 323, on Page 148, hereinafter referred to as "Regulatory Agreement"' b. a Housing Assistance Payments Contract dated effective July 6, 1981, hereinafter referred to as "HAP Contract"; and C. a Management Agreement dated May 6, 1985, hereinafter referred to as "Management Agreement." The Regulatory Agreement, HAP Contract, and Management Agreement are, by this reference, incorporated herein. True and accurate copies of these documents are available upon request from the Department, 1600 State Street, Salem, Oregon, 97301. 5. On March 22, 1985, Original Borrower sold the Development to Seller. Seller agreed to pay the Note in installments at the times, in the manner, and in all other respects as therein provided; to perform all of the obligations provided in the Note, Trust Deed, Regulatory Agreement and HAP Contract to be performed by Original Borrower at the • times, in the manner, and in all respects as therein provided; and to be bound by all of the terms of the Note, Trust Deed, Regulatory Agreement and HAP Contract. The Assumption Agreement executed by Seller, Original Borrower and the Department on March 22, 1985 was recorded in the Official Records of Deschutes County on March 25, 1985 in Volume 91, on Page 427. A true and accurate copy of this Assumption Agreement, hereinafter referred to as "Seller's Assumption Agreement", is attached hereto as "Exhibit A" and is, by this reference, incorporated herein. 6. The Trust Deed, Regulatory Agreement, and Seller's Assumption Agreement provide that Seller shall not sell, convey or otherwise transfer any of the Development or property described in the Trust Deed without the express written approval of the Department. 7. The Seller has sold and conveyed, or is to sell and convey, the Development and all of the property described in the Trust Deed to Purchaser, and both Seller and Purchaser have requested the Department to approve the sale. 8. The Seller entered into a Modification of Promissory Note and Trust Deed with the Department, dated January 28, 1998, modifying the terms of repayment. Said document was recorded in Deschutes County Official Records on February 13, 1998 as Recording No. 98-05884 in Volume 480, Page 713. Page -2- of 7 • Pilot Butte Townhouses Assumption Agreement .z 0 0 — /XSa —y NOW, THEREFORE, in consideration of the covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto covenant and agree as follows: I UNPAID BALANCE OF SECURED OBLIGATION The unpaid balance of the Loan is One hundred twenty-one thousand eight hundred eighty-seven and 08/100 dollars (U.S. $121,887.08) as of December 15, 1999. Next regular payment is due January 15, 2000. II PURCHASER'S ASSUMPTION OF LIABILITY Purchaser agrees to pay the Note in installments at the times, in the manner, and in all other respects as therein provided; to perform all of the obligations provided in the Note, Trust Deed, Security Agreements, Regulatory Agreement, and Management Agreement to be performed by Original Borrower at the times, in the manner, and in all respects as therein provided; and to be bound by all of the terms of the Note, Trust Deed, Security Agreements, Regulatory Agreement, and Management Agreement. III DEPARTMENT'S CONSENT TO SALE OF DEVELOPMENT • The Department hereby consents to the above-mentioned sale of the Development by Seller to Purchaser, and to Purchaser's assumption of the obligations of the Original Borrower and Seller under the Note, Trust Deed, Security Agreements, Regulatory Agreement, and Management Agreement. IV MANAGEMENT OF THE DEVELOPMENT Purchaser agrees to be fully responsible for the management and maintenance of the Development. Purchaser shall file with the Department a Management Agreement in form and content satisfactory to the Department which provides for the management and maintenance of the Development. Any management agreement approved by the Department shall remain in effect at all times for the duration of the Loan. No change may be made in the management of the Development without prior written approval of the Department. V DISCLOSURE OF FINANCIAL INFORMATION Seller and Purchaser hereby covenant and agree to furnish to the Department on or before 90 days from closing, a complete financial statement audited by an Independent Certified Public Accountant, in a form acceptable to the Department, setting forth the results of operation of the Page -3- of 7 • Pilot Butte Townhouses Assumption Agreement :�'o av- 125`0 -.5- Development for the fiscal period from January 1, 1999 to December 31, 1999 or the date of sale, • and such other financial information as the Department may reasonably request. Seller and Purchaser further agree that violation of the this provision shall constitute a violation of the Regulatory Agreement by the Seller and Purchaser, who shall be jointly and severally liable for performance of the obligations described in this paragraph VI NO IMPAIRMENT OF LIEN All of the property described in the Trust Deed shall remain subject to the liens, charges and encumbrances of the Trust Deed, and nothing contained herein or done pursuant hereto shall affect or be construed to affect the liens, charges and encumbrances of the Trust Deed, or the priority thereof over other liens, charges or encumbrances, or to release or affect the liability of any party or parties whosoever would now or may hereafter be liable under or on account of the Note or Trust Deed. VIl TRANSFER OF DEVELOPMENT PROPERTY Purchaser covenants and agrees that it shall not, without the express prior written approval of the Department, sell, lease, assign, dispose of, convey or otherwise transfer or encumber any of the Development or the real or personal property, including rents, covered by the Trust Deed or Regulatory Agreement. • VIII CONSENT TO FUTURE MODIFICATIONS Seller, Purchaser, and any person or persons at any time obligated for the performance of the terms of the Note, Trust Deed, Security Agreements, Regulatory Agreement, Management Agreement or Seller's Assumption Agreement, hereby waive notice and consent to any and all extensions and modifications of any of said instruments, deeds and agreements granted at any time by the Department to Purchaser, Seller, Original Borrower or any person or persons now or hereafter obligated or liable under any of said instruments, deeds or agreements. IX INTERPRETATION In this Agreement, the singular number includes the plural and the plural number includes the singular. If this Agreement is executed by more than one person, firm or corporation as Purchaser or Seller, the obligations of each such person, firm, or corporation hereinunder shall be joint and several. Page -4- of 7 • Pilot Butte Townhouses Assumption Agreement ------------- �ovv— • x CONFLICTING PROVISIONS The parties hereto agree that the provisions of this Agreement, and of the Note, Trust Deed, Security Agreements, Regulatory Agreement, and Management Agreement, shall govern and control notwithstanding and conflicting provision in any existing or future agreement between Seller and Purchaser. XI LIMITATIONS The right to plead any statute of limitations as a defense to any obligations or demands secured by or mentioned in the Note, Trust Deed, Security Agreements, Regulatory Agreement or Management Agreement is hereby waived by Seller and Purchaser to the full extent permissible by law. XII APPLICATION OF AGREEMENT This Assumption Agreement applies to, inures to the benefit of, and binds all parties hereto and their respective heirs, devisees, and administrators, executors, successors, and assigns. • XIII COUNTERPARTS This Assumption Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. X1V GOVERNING LAW This Agreement shall be governed and controlled as to validity, enforcement, interpretation, construction, effect, and in all other respects, by the laws of the State of Oregon. Page -5- of 7 Pilot Butte Townhouses Assumption Agreement ----------------------------------- ---------------------- --------------------- -- 2. I o 4 -- IN WITNESS WHEREOF, the parties have executed this Agreement at T, • the day and year first above written. n Department Purchaser OREGON HOUSING & COMMUNITY DOUGLAS R. WERME AND CHERYL A. STOMPS SERVICES DEPARTMENT By: l� �C�iu�_ By: Mar ys K. Laver, Manager e Asset & Property Management By: 7Che Stomps Seller L. RALPH HERGENRADER and MARGUERITE H. HERGENRADER, TRUSTEES OF THE HERGENRADER FAMILY TRUST U.A.D. March 22, 1990 I ( By: —F ) L. kAlph Hergenrader, T stee and indiv'du". By: Marr rustee and individually STATE OF OREGON } ss. County of Marion ,V 7 , 19 9 9 Personally appeared Marlys K. Laver, who, being first duly sworn, did say that she is authorized to execute such instrument in behalf of the Oregon Housing and Community Services Department, STATE OF OREGON, and acknowledged said instrument to be its voluntary act and deed. R Ft Before me: Notary Public for Oregon My Commission expires:-0_1A/11P 4)0 0 OFFICIAL SEAL JOY V. MAZEIKAS NOTARY PUBLIC -OREGON COMMISSION NO. 320903 MY COMMISSION EXPIRES FEB. 21, 2003 Page -6- of 7 Pilot Butte Townhouses Assumption Agreement .z 0 061- /..2..a -T • STATE OF OREGON } } ss. County of Personally appeared /� 2 t�' this 12 day of ,g,5l20cqand acknowledged the foregoing ii strument tc(b is/ er; circle one) voluntary ac d deed. �j Before me: OFFICIAL SEAL BEVERLY MC KAY Notary Public for Oregon „10 NOTARY PUBLIC -OREGON My Commission expires: COMMISSION NO.300634 !MISSION EXPIRES JULY IS 2001 STATE OF OREGON / ) ss. County of D292L {E' } / Personally appearedL< this 2—day of.1L,l��and acknowledged the foregoing instrument to be (hi er; ircle one) voluntary ac#(d deed. Before OF=65EALNotary Public for OregonBEVMy Commission expires: 7-l? _p NOTARY NCOMMIS4. Oml-4I9SION EXP1 .< 5. • STATE OF OREGON } } ss. County of (4 } Personally appeared this day of , 1�1UGfJ, and acknowledged the foregoing instrument to be i er; circle one) vol ry act n ed. Before me: �y OFFICIAL SEAL Notary Public for Oregon BEVERLY MC KAY My Commission expires: PUBLIC -OREGON COMMISSION N0.300634 INOTARY S I P R 8 U Y 1 1 ll STATE OF OREGON 1 } ss. County o rc } Zv0G Personally appeared this /2— day of -I# and acknowledged the foregoing instrument to be (1 's/het • circle one) voluntar act nd ed. Before me: Notary Public for Oregon OFFICIAL SEAL My Commission expires: BEVERLY MC KAY NOTARY PUBLIC•OREGON COMMISSION NO.300634 [(MOOMIM I ! P R 8 U Y 18—M S S page -7 of 7 • Pilot Butte Townhouses Assumption Agreement MAR -02-2000 14:09 BAKER & MEYER P.02 V - SECOND AMENDMENT TO THE FRANCES BOARD14AN 1►AXILY TRUST AGREEMENT I, FRANCES ANNIE BOARDMAN, Trustor of the FRANCES BOARDMAN FAMILY TRUST AGREEMENT executed on February 2S, 1994, (hereinafter "Trust"), exercise the power to amend the Trust reserved by me in Article V, Paragraph B and hereby amend the Trust as follows: I. I revoke all of Article VIII of the Trust and substitute the following in its place: "ARTICLE VIII DISTRIBUTION OF RESIDUE AFTER DEATH OF TRUSTOR After my death: After the payment of the amounts authorized in the preceding Article, the remaining assets of the trust, including all • principal and all accrued, accumulated, and undistributed income, shall be administered and distributed as follows; A. Specific Gift to David. The Trustee shall distribute trust assets valued at Fifty Thousand Dollars ($50,000) to the then acting Trustee of THE DAVID R. BOARDMAN IRREVOCABLE DISCRETIONARY TRUST AGREEMENT dated FAhruary fl , 2000. If THE DAVID R. BOARDMAN XRREVOCABLE DISCRETIONARY TRUST AGREEMENT dated February 8 , 2000 is not then in existence, then this gift shall lapse and become part of the remaining trust assets distributable under Article VIII, Paragraph B below. • B. Division Into Separate ShgX&g. The remaining trust assets shall be divided into equal shares, with a share for each then surviving child of mine other than David, and a share for the surviving lineal descendants of each deceased child of mine, who shall take by right of representation. The shares shall be administered and distributed as follows: PAGE 1 - SECOND AMENDMENT TO THE FRANCES BOARDMAN FAMILY TRUST AGREEMENT TOTAL P.02 MAR -02-2000 14:09 BAKER & MEYER P.01 DONNA R. MEYER ATTORNEY AT LAW 1500 NE Irving Street Suite 480 Portland OR 97232-2243 (503) 236-5152 FAX (503) 236-0219 DATE: March 2, 2000 TO: Deschutes County Recorder FAX NO.: (541) 389-6830 Attention: Jeff FROM: Donna R. Meyer Julie D. Risley SUBJECT: PAGES FOLLOWING THIS COVER SHEET: 1 Please advise us at (503) 236-5152 if you are having trouble receiving this document. Message: Dear Jeff: Pursuant to our telephone conversation, transmitted herewith is the first page of the Second Amendment to the Frances Boardman Family Trust Agreement. The original Trust Agreement was recorded in Deschutes County on March 23, 1994 at No. 94-11780. The First Amendment was recorded in Deschutes County on December 23, 1996 at No. 96-46903. Please advise what the recording fee for this document will be. Thanks! Julie An original of this document will follow by mail. X An original of this document will not follow by mail. CONFIDVWL4L COMMUNICATION: This communication ie confidential and is intended only for the individual or entity named on the cover sheet. If you are not the intended recipient, or the agent of the intended recipient, please do not read, disseminate, copy, or distnbtttc this infornistion. If you have received thia document in error, plena immediately call ow office at the number Iistad above, and return all original documents. Recoxds Query Results 2 records selected. • Fee Number: Document type: Recorded: Location: First party: Second party: 0 n L_J Metes & Bounds legal: Remarks: Plat legal: Subdivision Block Lot Fee Number: Document type Recorded: Location: First party: Second party: Remarks: Page 1 of 1 94-11780 Deed - Declaration of Trust Documents (DE -DT) 03/23/1994 at 15:03 333-1274 BOARDMAN FRANCES ANNIE BOARDMAN FRANCES ANNIE TRUSTEE; BOARDMAN CHARLES E SUCCESSOR TRUSTEE; LOOKER TAMSIN SUCCESSOR TRUSTEE; THE FRANCES BOARDMAN FAMILY TRUST S10 T18 R12 SE1/4SW1/4 SEE DOCUMENT FOR COMPLETE LEGAL; PARCEL 1 OF PARTITION PLAT; REVOCABLE LIVING TRUST AGREEMENT; (REC.TIME was 3:03) REED MARKET INDUSTRIAL AREA B2 L8; REED MARKET INDUSTRIAL AREA B3 L8; BEND B13 L7; EAGLE RIDGE B1 L3; PP -1990-12 BO LO REED MARKET INDUSTRIAL AREA Block 2 Lot 8 (REMKIN-2-8); REED MARKET INDUSTRIAL AREA Block 3 Lot 8 (REMKIN-3-8); BEND Block 13 Lot 7 (BEND -13-7); EAGLE RIDGE Block 1 Lot 3 (EAGRDG-1-3) 96-46903 Deed - Declaration of Trust Documents (DE -DT) 12/23/1996 at 12:30 433-325 BOARDMAN FRANCES ANNIE BOARDMAN FRANCES ANNIE TRUSTEE; FRANCES BOARDMAN FAMILY TRUST AGREEMENT FIRST AMENDMENT TO THE FRANCES BOARDMAN FAMILY TRUST AGREEMENT; TRUST DATED 2/25/94; (REC.TIME was 12:30) http://mom.deschutes.org/scr/records.public 3/2/00 U 1-2/1& .:V00 14:18 FAX 541 382 9182 WESTERN TITLE002 12/15/00 12:55 225032259611 JENSEN DRAUDT 003/005 ti i/Vc_� .AYTER RECORDING RETURN TO: Com- V MEMORANDUM OF LEASE TIES MEMORANDUM OF LFIASE is executed on this day of December, 2000, by RIVER BEND VILLAGE, L,LC� an Oregon limited liability company. 1. Landlord's predecessor in interest, Cascade Village, Ltd, a Testas limited partnership ("Cascade Village'D, as Landlord, and Petco Animal Supplies, Inc., as Tenant, entered into that certain lease agreement dated December 11, 1997 for a building containing approximately 15,648 square feet (the `Building") located at 3197 No_ Highway 97, Bend, Oregon (the "Lease"). The real property comprising the shopping center in which the Building is located is described on Exhibit A attached hereto. 2. The Lease was amended by First Amendment to Lease dated July 24, 1998. 3. Landlord acquired the Lessor's interest in the Lease by an Assignment of Subleases dated December _, 2000 between Cascade Village, Ltd., as Assignor and Landlord, as assignee. 4. The initial term of the Lease commenced September 18, 1998 and expires January 31, 2014. 5, Tenant has three separate options to extend the term of the Lease for additional terms of five (5) years cath. 6. This Memorandum shall inure to the benefit of, and be binding upon, the parties hereto and their respccdve heirs, representatives, successors and assigns. 1— Memorandum of Lease 0.%gvo13631RiverBcn4ivittap\PetcolAmi"mo.400 • 12/15/2000.12:29 PM • 0 12/15,-2000 14:18 FAX 541 382 9182 WESTERN TITLE IjO003 12/15/00 12:56 eS032259611 JENSBN DRAUDT 004/005 7. Reference is hemby made to all of the terms and conditions contained in the Lease. LANDLORD: RIVER BEND VILLAGE, LLC $y, 4 Patrick H. Jcns thori Azed Representative State of Oregon ) ) ss. County of Multnomah ) This instrument was acknowledged before me on this �' day of December, 2000 by Patrick H- Jensen, as authorized representative, for River Bend Village, LLC. C4� � Notary Public My Commission expires: 0.1 1 -.ca o3 2 — Memorandum of Lease G:\seve1363�ANcrocadVillage\PeuoL.easeMemo.doc • 1217512000.12:31 PM DEC -11-2000 01:07 AMERITITLE 541 389 0506 P.02i02 No + Pe wdot 6tA... • 45. APPOINTMENT OF SUCCESSOR TRUSTEE _........._.._., _KNQW rli.-L_,ME E.Y,.,.UIESF—PRESF..NTS, that the-andersigned1r. the beneficiary undcr numerous trust decds recorded in the records of Deschutes County, Oregon and covering real property in said county. The undersigned hereby appoints AMERICAN TITLE CROUP, an Oregon Corporation as successor trustee for said trustjdeeds. VP f Ciedit Services U e Credit Union I� STATE OF OREGON, County of Lane ) ss. This instrument was acknowledged before me on December 1, 2000 by Jerry Liudahl as Vice President of Credit Services of U Lane O Credit Union Notary Public for My Commission expires: T� • OFFICIAL MEAL THERESA J PUCKERING NOTARY PUBLIC - OREGON COMMISSION NO. 831926 MY WANWOd EXPIRES FES, 2E m4 TOTAL P.02 RECORDING RETURN TO: Mark F. Gr PO Box 1915 Sisters, OR 97759 . 3/1?G3 r r . FA - For Recording Use Only AFFIDAVIT OF AUTHORITY TO PERFORM MARRIAGES Universal Life Church (name of organization) organized and carries on its work in the State of Oregon. Its active meetings are held in Portland, Multnomah (city town or county) -Crb is . The organization by finds Mark- F:._�Grape is in good standing and is (name of person) authorized by the organization to perform marriage ceremonies. I am duly authorized by Universal Life Church to complete and submit this affidavit. (organization name) Lida G. Hensley Name of Official (type or print name) President Title of Official STATE OF CALIFORNIA ) COUNTY OF STANISLAUS ) ss ��otai Signature of Official Subscribed and sworn to before me the 24th day of July , 2000. by ANDRE HENSLEY CWMISelon# lien Notary Pubk—CWW* Andre Hensley staNala 0W* Notary Public for State of California M�r0onin" Eap1iiDeo1 My commission expires: 12/15/2000 HB 2925 1999 Legislative Session Effective 10-23-99 VOL: 2000 PAGE: 30263 0 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *2000-30263 * Vol -Page Printed: 07/31/2000 09:55:06 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: NUMBER OF PAGES: Jul. 31, 2000; 9:55 a.m. 23996 Marriage Authority $5.00 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK 40--1111q-4 After Recording Please Return To: Oregon Housing and Community Services Dept. 1600 State Street Salem, Oregon 97301 Attention: Carole Dicksa AMENDMENT TO THE FINANCING ADJUSTMENT FACTOR SAVINGS FUNDS USE AGREEMENT THIS AMENDMENT TO THE FINANCING ADJUSTMENT FACTOR SAVINGS FUNDS USE AGREEMENT (this "Amendment") is dated February 22, 2000, and is made to that certain Financing Adjustment Factor Savings Funds Use Agreement (the "Agreement"), dated December 18, 1998 by and between Central Oregon Regional Housing Authority and its successors and assigns (the "Owner"), and the Oregon Housing and Community Services Department, a governmental agency of the State of Oregon (the "Department"). The Agreement was recorded in the County of Deschutes on May 18, 1999, as VOL: 1999 PAGE: 24511. All Capitalized or defined terms not defined herein shall have the same respective meaning as in the Agreement. The Agreement shall be amended as follows: The Grant Award for the Project is hereby increased to an amount not to exceed a total of Seventy -Four Thousand Five Hundred dollars ($74,500). Agreed to as of the date first written above. CENTRAL OREGON REGIONAL HOUSING AUTHORITY By:. &30 Name: STATE of rego County of ��-...� �ument was acknowledged before me this ZD'�' day of � 2000, b ��� __ of on behalf of the Owner. OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT By Name: &0 be -r -.k l9 : I le s o i c_ Title: "awC.nq Se5pacce-s Ser%:on lfil2S� Mana�V STATE OF OREGON) County of"AILIn ) This instrument was acknowledged before me this 3f`a, day of Karah •2000, by Ro%cr+ who is 14 QS n .. a of 0 W C S on behalf of the Owner. ix -P}, (Qm -t-5 ek P(TTARY PUBLIC FOR ORFOft My Commission Expires: 51 la2nsnoy OFFICIAL SEAL SUSAN BAILEY NOTARY PUBLICrOREGON COMMISS10�1 . 3 MY t:OMMlS81DN ]2001 F. 0 0 r� u VOL: 2000 PAGE: 11179 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *2000-11179 * Vol -Page Printed: 05/31/2001 14:15:10 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Mar. 22, 2000; 3:18 p.m. IN Amendment $31.00 NUMBER OF PAGES: 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK VOL: 2000 PAGE: 11179 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES $2000-11179 0 Vol -Pap Pyinted: 03/2=000 16:16:55 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received / and duly recorded in Deschutes County records: S DATE AND TIME: Mar. 22, 2000; 3:18 p.m. RECEIPT NO: 18638 DOCUMENT TYPE: Modification and Amendment to Agreement FEE PAID: $31.00 NUMBER OF PAGES: 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK 1f � After recording return to: r Centennial Bank, c/o Loan Services Dept. 675 Oak St., 4th Floor P. O. Box 1849 Eugene, OR 97440-4262 Name and address of entity holding lien created by this document: dT Re eek'p ARl- e- 'Pegr e )r X' i7-oo ;>ATwraA7f 404.,.. � Jr Centennial Bank c/o Loan Services Dept �0061PIAJJ % 675 Oak St., 4th Floor � y�/ ^ I �,ds o p P. O. Box 1849 %NQ ,r4, Eugene, OR 97440-4262 MEMORANDUM OF SSIGNMENT FOR SECURITY PURPOSES BE ON NOTICE that on the 21st day of January, 2000, pursuant to an Assignment of Beneficial Interest in Trust Deed for Security Purposes (the "Assignment"), Mortgage One, Inc. as Assignor, assigned to Centennial Bank, as Lender, for security purposes, the Beneficiary's interest in the following Security Instrument and the promissory note or other obligation secured thereby: Various Deed of Trust and the Notes secured thereby more fully described in attached Exhibit "A" (the "Security Instrument") The Security Instrument is a lien upon the following described real property: see attached Exhibit "A" ( Deschutes County) (the "Property") The terms and provisions of the Assignment are incorporated by this reference herein. The Assignment was given to secure a promissory note in the original principal amount of $750,000.00, which is due and payable in full on or • before August 1,2000. The Assignment provides that Assignor may not modify any terms or conditions of the Security Instrument, nor may Assignor release any of the Property from the Security Instrument, without first obtaining Lender's written consent. Assignor MortgaZc,.Mo6f' . By: e, Sr. , President STATE OF OREGON, County of�, ss. The foregoing instrument wa acknowledged before me this day of 77 by e� WOV414—' Not ublic for Oregon a OFFICIAL SEAL JAN ELLIS aati� NOTARY PUBLIC - OREGON ' COMMISSION N0.304140 Wy COMMISSION EXPIRES AUGUST 24,21 Page 1 - MEMORANDUM OF ASSIGNMENT FOR SECURITY PURPOSES Normal.dot: Deschutes co.Assignment.doc Rev. 04/98 • F1B-16-00 WED 08:41 AM FIRST AMERICAN TITLE FAX N0. 541 385 9932 P. 01 EXHIBIT "A" Assignment of Beneficial Interest in Trust Deed for Security Purposes and Memorandum of Assignment The following contract(s) are covered by this Assignment: Deschutes County 17. Deed of Trust dated February 21, 1998, in which Frank W. Wagner and Debra M. Wagner is the Grantor(s), and Mortgage One, Inc. is the Beneficiary. The contract was recorded cZ -a7 - 9 ?' at Volume no. 482, Page no. 692, Official records of Deschutes County, State of Oregon, and it constitutes a lien on the fully described real property: THE EAST 15 FEET OF LOT 2 AND ALL OF LOT 3, BLOCK 2 BEAR CREEK ROAD ADDITION, CITY OF BEND, DESCHUTES COUNTY, OREGON 18. Deed of Trust dated February 16, 1998, in which Timothy Shatterly and Lizabeth Shatterly is the Grantor(s), and Mortgage One, Inc. is the Beneficiary. The contract was recorded 91,42 at Reception/Fee/Document no. Pt Q9/71 , Official records of Deschutes County, State of Oregon, and it constitutes a lien on the fully described real property LOT C, PARK PLACE, DESCHUTES COUNTY, OREGON ASSIG R: Mortg ge 0 c. By: Willard T. Moore, Sr., President Paae 2 - MEMORANMIM OF ARCIr;NMFNT CnR ccrri iomv m iooneco Copr. (C) West 2000 No Claim to Orig. U.S. Govt. Works OR ST s 93.710 O.R.S. s 93.710 TEXT 1998 OREGON REVISED STATUTES TITLE 10. PROPERTY RIGHTS AND TRANSACTIONS CHAPTER 93. CONVEYANCING AND RECORDING _ RECORDATION AND ITS EFFECTS 1998 Oregon Revised Statutes Copyright (C) 1998 by State of Oregon Legislative Counsel Committee Current through End of 1997 Reg. Sess. and 1998 Cumulative Supp. 93.710. Instruments or memoranda creating certain interests in realty; contents; reforestation order; effect of recording. (1) Any instrument creatingra license, easement, profit a prendre, or a leasehold interest or oil, gas or other mineral interest or estate in real property or an interest in real property created by a land sale contract, or memorandum of such instrument or contract, which is executed by the person from whom the interest is intended to pass, and acknowledged or proved in the manner provided for the acknowledgment or proof of other • conveyances, may be indexed and recorded in the records of_A"ds1 of real property in the county where such real prongrty.js located. ny ins rumen creating a mortgage or trust deed, or a %^ 'me an um thereof, or assignment for security purposes relating to any of the interests or estates in real property referred to in this subsection, which is executed by the person from whom the mortgage, trust deed, or assignment for security purposes is intended to be given, and acknowledged or proved in the manner provided for the acknowledgment or proof of other conveyances, may be indexed and recorded in the records of mortgages of real property in the county where such real property is loc-at recordation, whether the instrument be record --prior to or ubsequent to May 29, 1963, cons ice to third persons of a ri hts of the r the instrument irrespective of whether the party granted such interest or estate is in possession of the real property. Any such instrument when so acknowledged or proved, or certified in the manner prescribed by law by any of the authorized officers, may be read in evidence without further proof thereof. (2) Any notice under ORS 527.710 or order under ORS 527.680 by the State Forester requiring the reforestation of specific lands may be indexed and recorded in the records of deeds of real property in the county where such real property is located. Such recordation constitutes notice to third persons of the rights and obligations of the parties to the notice or order. Any such notice or order when properly prepared in the manner prescribed by law by any of the authorized officers may be read in evidence without further proof thereof. • 0 Copr. (C)IW4st 2000 No Claim to Orig. U.S. Govt. Works OR ST s 205.234 O.R.S. s 205.234 TEXT State of 1998 OREGON REVISED STATUTES TITLE 20. COUNTIES AND COUNTY OFFICERS CHAPTER 205. COUNTY CLERKS GENERAL POWERS AND DUTIES 1998 Oregon Revised Statutes Copyright (C) 1998 by Oregon Legislative Counsel Committee Current through End of 1997 Reg. Sess. and 1998 �0 J° Cumulative Supp. 205.234. -Requirements fo first pag of instruments to be recorded; cover sheet. (1) When any instrument is presented to a county clerk for O recording, the first page of the instrument shall contain at least: (a),The names of the transactions as required in ORS 205.236; l y (b) The names of the persons described in ORS 205.125 (1)(a) and (b) and 205.160; (Da,`�' (c) The person and address (for mailing purposes only) to whom the instrument will be delivered as provided in ORS 205.180; �„ (d) For instruments conveying or contracting to convey fee DD title to any real estate and all memoranda of such instruments, the true and actual consideration paid for such transfer as required by ORS 93.030; (e) For instruments conveying or contracting to convey fee title to any real estate, the tax statement information required by ORS 93.260; and (f) For instruments recorded in the County Clerk Lien Record, the information described in ORS 205.125 (1)(c) and (e). (2) Notwithstanding ORS 205.327, if an instrument presented for recording does not contain the information required by subsection (1)(a) to (f) of this section, a cover sheet may be prepared that contains the required information. The cover sheet shall be prepared by the person presenting the instrument for recording. The cover sheet may be attached to the instrument and shall be recorded as a part of the instrument. Any errors in the cover sheet shall not affect the transactions contained in the instrument itself. The cover sheet need not be separately signed -.. or acknowledged. CREDIT (1991 c. 230 s 3; 1993 c. 321 s 4) <General Materials (GM) - References, Annotations, or Tables> O. R. S. s 205.234 ST s 205.234 L` 0 • }Clog Redee pol- c- /fn In the Circuit Court of the State of Oregon >L P ') `� for the County of DESCHUTES t i 5 f 153131 l ���oCva� CISU A A'111 d TAMMY J. NORRINGTON 1 OF J- / Px) VS. RODOLFO V. CATANIA Plaintiff, Defendant. No. 15-97-03139 RELEASE OF CERTAIN For and in consideration of the sum of One and No/100 Dollars ($1.00), and other good and valuable considerations to TAMMY J. NORRINGTON in hand paid, TAMMY J. NORRINGTON does hereby release and discharge the following described real property, to wit: As Set Forth on Legal Description Exhibit "A" Attached from the lien of that certain judgment entered in the above entitled cause on the 7th day of December, 1999 azainst RODOLFO V. CATANIA in said cause for the amount of $7,654.41, entered in Judgment Docket No. at page , and recorded in Circuit court journal 1999 at page 5784 of the records of said court; but in all other respects, the judgment above described sh 1 remain in full force and effect as though this release had not been executed. R7: h 0 #} ;b IN WITNESS WHEREOF, I have hereunto set my hand this /_ day of JANUARY, 2000. ♦ t.v ..J t. l � STATE OF OREGON 11 County of D144,i-c.I— J ss. This instrument was acknowledged before me on this IP day of by TAMMY J. NORRINGTON OFFICIAL SEAL CHERYL J SCOTT Notary Public for Oregon 0NOTARY PUBLIC - OREGON COMMISSION NO. 063023 / G MY COMMISSION EXPIRES JUNE 9. 2001 My commission expires: (v — 7 AFTER RECORDING RETURN TO: First Atner_:aa Title - 9920607 1=:0 SW =:eland Avenue Redmond. DR 97756 NOTE: This %-- s not to be used for payments required to be made to Department of Human Resources. S;detn. Oregon. -rt r s' EXHIBIT "A" A parcel of land situated In the Northeast quarter of the Northwest quarter of the Southeast quarter (NE 1/4 NW 1/4 SE 1/4) of Section nine (9), TOWNSHIP FIFTEEN (15) SOUTH, RANGE TWELVE (12) EAST OF THE WILLAMETTE MERIDIAN, Deschutes County, Oregon, more particularly described as follows: Commencing at a 1/2" rebar at the East quarter corner of Section 9, TOWNSHIP FIFTEEN (15) SOUTH, RANGE TWELVE (12) EAST OF THE WILLAMETTE MERIDIAN, the INITIAL POINT; thence North 89°46'30" West along the North line of the Southeast quarter (SE 1/4) of said Section 9, 1347.29 feet to the East line of the Northeast quarter of the Northwest quarter of said Southeast quarter (NE 1/4 NW 1/4 SE 1/4) and the true point of beginning; thence south 00053'03" West along said East line, 663.30 feet to the South line of said Northeast quarter of the Northwest quarter of the Southeast quarter (NE 1/4 NW 1/4 SE 1/4); thence North 89°48'50" West along said South line, 674.21 feet to the West line of said Northeast quarter of the Northwest quaver of the Southeast quarter (NE 1/4 NW 1/4 SE 1/4); thence North 00055'55" East along said West line, 663.76 feet to said North line; thence South 89046'30" East along said North line, 673.65 feet to the point of beginning. n. MAR -06-2000 09:42 SWALLEY I.D. 5413890433 P.02 To be recorded: SWALI_EY IRRIGATION DISTRICT EXCLUSION OF LANDS FROM BOUNDARIES eCU` C Motion made and passed at the March 13, 2000 Board Meeting. p Oregon Department of Transportation has signed and returned all required g�c5 paperwork and paid the assessments and fees in full. I, [name of director], here by move that Swalley Irrigation District exclude certain lands as described in Exhibits A-E from Swaney Irrigation District's boundaries as described in Exhibit F, as requested in The Petition to Exclude Certain Lands From Swalley Irrigation District, by Sheryl Kammerzell, Assistant Attorney General, attorney for Oregon Department of Transportation. Second, [name of director], unanimous. March 14, 2000 Certified copy from March 13, 2000 minutes • Kreg T. Roth, Secretary/Treasurer State of Oregon, County of Deschutes Corporate Seal Personally appeared Kreg T. Roth, Secretary/Treasurer of Swalley Irrigation District and acknowledged the foregoing instrument to be his voluntary act and deed. Dated • Before me: My commission expires: 10/03/2001 TOTAL P.02 0 February 24, 2000 Laura Craska Cooper Ball Janik LLP 15 SW Colorado St., Ste. 260 Bend, OR 97702 Legal Department ADMINISTRATION BUILDING - 1130 NW HARRIMAN - BEND, OREGON 97701 FACSIMILE 9541-383-0496 Richard L. Isham 9 541-388-6625 Bruce W. White ! 541-388-6593 Mark P. Amberg 2 541-330-4645 Re: Recordability of Memorandum of Purchase and Sale Agreement Dear Ms. Cooper: PLEASE REFER TO FILE NO.: 5-109 You have asked for a written explanation of why the County Clerk will not accept for recording a document entitled "Memorandum of Amended and Restated Purchase and Sale Agreement." • From our conversation, it appears that the crux of your question is what the reasoning is behind this office's advice to the Clerk that she not accept a memorandum of such a described document. Accordingly, in response to your inquiry, I will focus primarily on why a memorandum of such a document is not recordable. It is my understanding that it is your intent to seek review of this opinion by Legislative Counsel. Our advise is based upon our reading of provisions in ORS Chapter 205, relating to the recording duties and authority of the County Clerk and ORS Chapter 93 relating to recording of conveyances. ORS 205.130 governs what documents may be recorded by the County Clerk. Prior to the enactment of HB 2774 and HB 3581 by the 1999 Legislature, ORS 205.130(2)(a) provided a catch-all provision that allowed for the recording of "other interests affecting the title to real property." There were no restrictions on what documents those might be. HB 2774 and 3581 amended ORS 205.130(2)(a) to add the restrictive phrase "required or permitted by law to be recorded." We have interpreted that amendment to impose a new requirement that any document offered for recording be described in state statute. In the absence of such statutory authority, a document is not recordable in the Clerk's deed or mortgage records. In our opinion, based upon the language of the provision and its appearance elsewhere in the recording statutes — most notably in ORS 93.610 -- this provision is meant to be restrictive and not permissive. ORS 93.635 provides for the recording of certain documents whose purpose is to contract to • convey fee title to real property. Subsection (2)(a) permits the recording of "earnest money or preliminary sale agreements." In our opinion, a purchase and sale agreement falls within the description of a preliminary sale agreement. (I will not get into here why we believe that a document entitled as an amendment to such an agreement is not recordable unless the document to be amended has first been recorded.) ORS 93.635 provides only for the recordation of the agreement itself. Unlike the reference in ORS 93.635(1) to recordation of a memorandum of a land sale contract, there is no provision in ORS 93.635(2) for recordation of a memorandum of a preliminary sales agreement. This same distinction appears in ORS 93.710 of the recording statutes. That provision specifies certain documents as recordable, but then refers to fewer than all of such documents as documents for which a memorandum is recordable. For example, the reference to a memorandum in ORS 93.710 appears to cover deeds and mortgages but not assignments for security purposes. From this, we conclude that memorandums are recordable only as to those documents for which there is a specific reference in statute. I hope this is responsive to your request. Sincerely, Bruce W. White • Deputy Legal Counsel c. Rick Isham Susie Penhollow 0 Susie Penhollow 4Krom'' Bruce White [brucew@co.deschutes.or.us] ent: Thursday, February 24, 2000 9:47 AM To: Rick Isham; Susie Penhollow Subject: Recordability of Memorandums of Purchase & Sale Agreements Cooper- wordab,kly oi�. I have been dealing with Laura Cooper on the recordability of a memorandum of an amended purchase and sale agreement involving Sunriver. After separate discussions with each of you, I told Ms. Cooper that (1) we could not record a memorandum of a purchase and sale agreement; and (2) we could not record a document that was entitled "Amended " unless the initial document had also been recorded. Ms. Cooper stated that her inability to record a memorandum of the purchase and sale agreement posed a problem for her clients, since the purchase and sale agreement included information that they regarded to be in the nature of a trade secret that was not meant for exposure to the public. She wondered whether the Attorney General might have different advice, and I stated that I doubted the AG would wade into this issue, since recording is not a function that has state oversight, such as elections. I told her that she might be able to convince a legislator to ask for a Legislative Counsel opinion on this issue. It appears that she wishes to go that route. She has asked that we put our advice in writing, so that our advice could be reviewed by the Legislative Counsel's office. I have prepared a draft letter in response to her inquiry (see attached). .Please take a look at it and give me any feedback you might have. Thanks. 0 0.3/ 2 i / 1001 1.1:04 5412412421 PCk S,e �t� Cu � � OCEAN TITLE PAGE 02/06 0,0 (-VA C— tyConrie,ioners FAX 5412472718 Nce� mmmmm DOCUMENT TXTLB t MORTGAGEE WAIV9R FIRST PARTY STAN C. PENAL SECOND PARTY I None. RETURN DDCUKI T TO.- LEXIS O:LEXIS DOCUMENT SERVICES 611 West Sixth street;, Suite 1900 Los Angeles, CA 90017 81lDTD TAX 9TAT=0N'r8 T03 TRUX AM ACTUAL CDNSXDXRAet'IOR: Any financial accommodation extended by Congress Financial Corporation (Western) to C � K Market, Inc., at any time, and other good and valuable considerations. 02/15/2001 12:38 PEC FEE: $46.00 CURRY COUNT`1, 'OR, RENEE' KCLF=N - COUNTY CLERK PAGE N: 0001 OF 0005 INST*: 2001 853 '�* • 0 • kJ.ii 1 r' i ZlJt91 l.i: t14 �411a I X411 ')rent By: 08K MARXV , INC; ULLAN 111LE 6414898717; •DlC-12-00 12:57PM; 1 __1 RECORDING KISQUES1-ED BY AND WHEN RECORDED, MAIL TO: LMS Document Services 611 Vest 6th Street: #1900 Los Angeles, CA 90017 PA6E UJ/06 Poge 619 i i cl MORTGA43YE E WAIVER WHEREAS, CONORESS FINANCIAL CO ORATION (WESTERN) ("Congress") has or is about to enter into certain financing• agteem . its with C&K Market, Inc. ("Borrower'') pursuant to wbt>rh Cvngress has been or may be grdnti i a security intmest in an, of Horrtlwer',s personal prop, mt uding inventory, all "accounts,".i "general intangibles," "chattel paper," "documents; ' Letters of credit," "instrutnenls." "d Sit accounts;' and "farm products" and Other related personal property (hereinafter "Person l Property") but specifically excluding equipment; and, WHEREAS, the Personal Property is or may bbl located on, wholly or in part, the certain real estate located IMIQDl�b, ao the legal description of which is (include metes turd bounds, lot and 66 k, ran o an setl ion): :i (hereinafter "Premises") and, I :1 WNF..REAS, the undersigned has an interest In the Premises as owner, mortgagee or lessor, NOW, THER.EFORU, in consideration of Bri � finuncial accommodation extended by Congr6ss to Debtor, at any time, and other good and: aluable considerstions, the undersigned agrees as foll'owai- 1 (a) That it waives and relinquishes any Ian' lord's lien, all rights of levy or distraint. Security interest or other interest the undersigned In y now or hereafter have in any of the Personal Property whether for rent or otherwise; , (b) That the Personal Property may beinsttled in or located ontht: Premises and is not and shall not be deemed a fixture or part of the reaklestate but shall at all times be considered personal property; i (c) That it disclaims any interest in the Pgrsonal Property and agrees to assert no claim to the Personal Property while Debtor is indebtedito Congress; (d) That Congress or its representatives ms1 enter the Premises at any time or inspect or remove the Personal Proptrty, and may agupon vertise and conduct a public or private auction thereon: 02/x.5/2001 12t38 REC FEE: $46.00 PAGE #: 0002 OF 0005 CURRY COUNTY, OR, RENEE' KOLEN - COUNTY CLERK IN5T#: 2001 853 i i i • UJ/1i%1!_01 13:U4 54114i2411 UGEAN 111LE PAGE 04/06 SY: C&K .,CARS#. ; , ;NC; 5414696717, .Oec•'2•CC 12:58P'#, Fage :I :1 i (c) That Congress;, at its option, .nayy anter the Premises for the purpose of repossessing, removing, selh-ng or otherwise dealing! with said Personal Property, and such license shall be irrevocable and shrill coritinue withoufl hsrge from the date Congress enters the Pxetnises for as long as Congress dee,ns necessary but dot to exceed a period of one hu.)dred filly (150) dAYS after the receipt by Congress of written. notice by the undersigned directing removal of the Personal Property; } i (f) I lie undersigned aKrees to ab a notice ii{ writing by certified or registered mail of any default by Dcbtor of any of the provisions of said;# ease qr the mortgage upon the Premises held by the undersigned, as :he case may be, to; j Congress Financial Corp'r 251 Suuth Lake Avrnue.� 1 Pasadena, California 911 � I iipon receipt of said notice. Congruss shall thereuporrih cure said default within ten (10) days thereafter- Any �A cure wy such default shall not constitute an assumptioqi, This waiver may not be changed uT terminated olr and the heirs, personal representatives, successors and;a the benefit of C. ongress and the successors and assigns df Dated: Witnessed ltv: y (Western) 900 ave the right, but not the obligation, to yment made or act done by Congres to of any obligations of Debtor. ally and is bidding upon the undersigned ss,gns of the undersigned and inuaes to Congress. 02/15/2001 12:38 REC FEE; $46.00 CURRY COUNTY, OR, RENEE# KOLEN - COUNTY CLERK PAGE *: 0003 OF 0005 INST#: 2001 853 U.3/ 1 i / 1001 1.3: U4 54124124:21 UGEM T i 1 LE PAGE 05/06 .r- 5y: CAK VAPK". INC; 541 4696 71 7• • , 7sc '3•�C 17:DBAF!; �6ge 315 :I STATE OF,�/� ) COUNTY OF Ork , 200J9, before me, I Notary Public, personelly appeared , t I P. rIonally known to me (or proved to me on the basis o!'ssttis±actory evt once) t` o be it person() whose names) is/are subscribed to the within instrument and acknowledged to me diet he%h /they executed the same in his/hct/their authorized capacity(ies), and that by his/hcrArheir sigaa, re(s) on the instrtunent the person(s), or :he entity upon bchalf of which the person(s) acted, cxc ted the instrument. Witness my hand and orf:cial sea]. ! TOMOFFt AL FUS D � r NN0TAF 4 PU UC-0nPQQN MMUIOl) ySBtOM aiMFiEB SEP6 (Sea242"1 02/15/2001 12:38 REC FEE: $46.00 CURRY COUNTY, OR, RENEE' KOLEN - COUNTY CLERK PAGE #: 0004 OF 0005 INST*: 2001 853 i U ;/ 1 i 1UU1 1 3: U4 541'14 12411 UGEAH 1 1 I LL PAGE 06/06 • 0 EXHIBIT "A" That certain tract of land lying in Government Lots 1 and 2, Section 1, Township 37, South, Range 15 West, Willamette Meridian, in the City of Gold Beach, Curry County, Oregon, described feet follows: geg.inning at an iron bar driven at a point South and 1376.4 feet West of the Northeast corner of.said Section 1 ; thence parallel and 17.5.0 feet West o_ the Westerly right—of—way of the Relocated Oregon Coast Highway, North 60 23 East 146.55 `aet; thence North 60 011 East 50.,27 feet; thence North 5° 39' East rth 4' 50.24 feet; thence North 50 12' East � .21East t; thence efeet othence 35' East 50.16 feet; thence North 3 North 20 49' East 20.96 feet; thence East 125.0 heat to the Westezly boundary of the Relocated Oregon Coast Highway,' Southerly following the westerly boundary of the Relocated Oregon Coast Highway to a point that bears East from the point of beginning; thence West 125.0 feet to the point of beginning. r � U 02/15/2001 '12:38 PEC FEE: $46.00 PAGE #: 0005 OF 0005 INSi#_ 2001 853 CURRY COUNTY, OR, RENEE' KOLEN - COUNTY CLERK 0 • u COUNTY OFFICIAL MARYSUE HSPENNOLLOW, COUNTYRCLERKS ■ 20015151! 111#111111111IIIIIIIIIIIII 000240642 Jill 1111111111111 $26,OC 00100575110030042 CL -CL Cnt:i Stns2 SHIRLEYr��/001 11:08:41 AM $15.00 $11.00 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. I • 2 3 4 5 6 7 8 V "3Q 10 11 12 d 13 14 15 16 N 17 18 19 20 21 22 23 24 25 s 26 27 28 GIBSON, DUNN & CRUTCHER LLP WAYNE W. SMITH, SBN 54593 MICHELE L. MARYOTT, SBN 191993 Jamboree Center 4 Park Plaza, Suite 1400 Irvine, California 92614-8557 Telephone: (949) 451-3800 Facsimile: (949) 451-422D Attorneys for Plaintiff MALIBU HEAVY INDUSTRIES LLC FILED LOS ANGELES SUPERIOR COURT SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES MALIBU HEAVY INDUSTRIES LLC, Plaintiff, v. THB CORPORATION, a Portland corporation; CHRIS CARLILE, an individual. Defendants. BS072085 CASE NO. =Q= BY CONFESSION (C.C.P. §11321 IN_ THE MATTER OF THE CONFESSION OF JUDGMENT BY THB CORPORATION and CHRIS CARLILE, DEFENDANTS, IN FAVOR OF MALIBU HEAVY INDUSTRIES LLC, PLAINTIFF On October 9 , 20011 there was filed in the above -entitled action a -written statement (the "Confession of Judgment Statement"), signed and verified by the above-named defendants THB Corporation ("THB") and Chris Carlile ("Carlile"), whereby THE and Carlile confessed themselves jointly and severally indebted to the above- named plaintiff Malibu Heavy Industries LLC ("MHI") in the sum of One Million Three Hundred Thousand,Dollars ($1,300,000), and authorizing the entry of judgment thereon. On UP�PmhQ,- , 2000, Merrill J. Baumann, Jr., an attorney admitted to practice in the State of California, independently representing both THB and Gibson. Durcm a CA%Acw Judgment By confession • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 2E 2i 2E Carlile, certified that he had read and examined the proposed judgment and had advised THB and Carlile with respect to the waiver of rights and defenses under the confession of judgment procedure and had advised THB and Carlile to utilize the confession of judgment procedure. This Certificate was filed with the Court on October 91 2001. THEREFORE, pursuant to said verified statement and certificate, IT -IS HEREBY ADJUDGED that MHI recover from THB and Carlile, which shall be jointly and severally liable, the following: 1.Principal in the amount of $1,300,000; ' 2. Interest from the date of entry of judgment at the rate of lob per annum on the principal sum of $1,300,000, or any remaining principal balance thereon in the event of partial payment made by THB and/or Carlile to MHI subsequent to the date of execution of the Confession of Judgment Statement until paid; 3. Costs of collection, including actual attorneys' fees. incurred in filing and executing on the Judgment; as proved by MMI. OCT 0 9 2001 DATED: , 20_ Clerk 10446613_1.DOC 2 Judgment By Conieesion cw,an. 0" a cAnuw • o���' STgTF J �:•.. Cc x -a• a' � AH.C�� STATE OF t MWR � £� County of Multnomah The foregoing copy has been compard is certified by me as a full, true and corral copy of the original on file in myofficea-:Wb my custody. In Testimony Whereof, I have hereurtfa c l my hand and affixed the seal Court on: Ww 1 %- Moi of CIRCUIT COURT Adrrttt41adr' • pv 5� S#I,A 2067501 SATISFACTION OF TRUST DEED- /����(O%w re KNOW ALL MEN BY THESE PRESENTS: That American United Life Insurance Company, a corporation existing Slit; under the laws of the State of Indiana, the owner and holder of a certain Trust Deed executed by Bend Orthopedic Building Partnership, an Oregon General Partnership, to American United Life Insurance Company, dated November 19, 1991, recorded in Official Records as Instrument No. 91-34576 in the Office of the County Clerk and Recorder of Conveyances of Deschutes County, State of Oregon, securing a certain Promissory Note in the principal sum of Two Million Seven Hundred Eighty Thousand and 00/100 Dollars ($2,780,000.00) and certain promises and obligations set forth in said Trust Deed upon the property situated in said State and County described as follows, to -wit: See Attached Exhibit "A" hereby acknowledges full payment and satisfaction of said Promissory Note and Trust Deed, and surrenders the same as cancelled, and hereby directs the Deschutes County Clerk and Recorder of Reconveyances to cancel the same of record. IN.WIVq], SS WHEREOF, the said corporation has caused these presents to be executed in its name and its corp,(` a -9eaf to tie 11Vdunto affixed by its proper officers thereunto duly authorized, the I Ste day of October, 2001. J n� AMERICAN UNITED LIFE INSURANCE COMPANY EAL B y Steven T. Holland, Vice Preside t ATTEST:.., ..;,...,, ooDorothy J. Bo , AiV. Secretary STATE OF INDIANA )SS: COUNTY OF MARION ) Before me, a Notary Public, in and for said County and State, personally appeared American United Life Insurance Company by Steven T. Holland and Dorothy J. Bowman, its Vice President and Assistant Secretary, respectively, and acknowledged the execution of the foregoing instrument for and on behalf of said Corporation. WITNESS my hand and Notarial Seal this 18s; day of October, 2001. Brenda K. Simnick, Notary Public My Commission Expires: 4/11/09 't Resident Shelby County, Indiana r� This instrument prepared by Robert E. Ferguson, Attorney at Law, American United Life Insurance Company, Post Office Box 368, Indianapolis, Indiana 46206 •aAoregonVelease.arr •SATISFACTION OF TRUST DEED 2067501 KNOW ALL MEN BY THESE PRESENTS: That American United Life Insurance Company, a corporation existing under the laws of the State of Indiana, the owner and holder of a certain Trust Deed executed by Bend Orthopedic Building Partnership, an Oregon General Partnership, to American United Life Insurance Company, dated November 19, 1991, recorded in Official Records as Instrument No. 91-34576 in the Office of the County Clerk and Recorder of Conveyances of Deschutes County, State of Oregon, securing a certain Promissory Note in the principal sum of Two Million Seven Hundred Eighty Thousand and 001100 Dollars ($2,780,000.00) and certain promises and obligations set forth in said Trust Deed upon the property situated in said State and County described as follows, to -wit: See Attached Exhibit "A" hereby acknowledges full payment and satisfaction of said Promissory Note and Trust Deed, and surrenders the same as cancelled, and hereby directs the Deschutes County Clerk and Recorder of Reconveyances to cancel the same of record. ItAWIWESS, WHEREOF, the said corporation has caused these presents to be executed in its name and its corp*e teat f6 be$lS reunto affixed by its proper officers thereunto duly authorized, the 18a' day of October, 2001. AMERICAN UNITED LIFE INSURANCE COMPANY c.' r.! ....i : O JAI By. -�Y ��a Steven T. Holland, ice Preside t ATTEST;,,,, : Dorothy J. Bo , AsV. Secretary STATE OF INDIANA ) )SS: COUNTY OF MARION ) Before me, a Notary Public, in and for said County and State, personally appeared American United Life Insurance Company by Steven T. Holland and Dorothy J. Bowman, its Vice President and Assistant Secretary, respectively, and acknowledged the execution of the foregoing instrument for and on behalf of said Corporation. WITNESS my hand and Notarial Seal this 18`;' day of October.200E 1 Brenda K. Simnick, Notary Public r '11109 Nana / I y Robert E. Ferguson, Attorney at Law, American United Life Insurance Company, Post is, Indiana 46206 MICIAL ARYY SUESPENHOLLOW,COUNTY F000NTYRCLERKS a01'%0�6 IN 3111IM111111111111 $36.00 11/26/2001 03;41;49 PM H -DTR Cntai Stnn3 MARSHA *10.00 $11.00 $10.00 $5.00 • EXHIBIT `A' Tract B of Partition Plat 1991-29 Deschutes County, Oregon, being also described as: A parcel of land located in the Southeast Quarter (SEI/4) of Section Twenty- seven (27), Township Seventeen (17) South, Range Twelve (12), East of the Willamette Meridian, City of Bend, Deschutes County, Oregon, being more particularly described as follows: Beginning at a point on the North right-of-way of Neff Road, from which the Southeast corner of Section Twenty-seven (27) bears South 82 degrees 59 minutes 13 seconds East, 316.11 feet, thence following along said North right-of-way South 89 degrees 44 minutes 37 seconds West, 410.00 feet to the intersection of the North right-of-way of Neff Road and the East right-of-way of Medical Center Access Drive; thence leaving the Neff Road right-of-way and following along the said East right-of-way of Medical Center Access Drive North 00 degrees 15 minutes 34 seconds, West 308.44 feet; thence North 27 degrees 14 minutes 26 seconds East, 58.13 feet; thence leaving said East right-of-way of Medical Center Access Drive North 89 degrees 44 minutes 37 seconds East, 383.16 feet; thence South 00 degrees 15 minutes 34 seconds East, 360.00 feet to the point of beginning and terminus of this description. Together with a perpetual, non-exclusive Roadway easement recorded September 12, 1991, in Book 244, Page 2379, Deschutes County Records. • a:loregoMmortgagesel • RELEASE OF ASSIGNMENT OF RENTS AND LEASES 2067501 The Promissory Note for Two Million Seven Hundred Eighty Thousand and 00/100 ($2,780,000.00) secured by Trust Deed executed by Bend Orthopedic Building Partnership, an Oregon General Partnership, to American United Life Insurance Company, said Trust Deed being recorded as Instrument No. 91-34576 of Deschutes County, State of Oregon, and as further security for said Note, an Assignment of Rents and Leases was executed by the said Bend Orthopedic Building Partnership to American United Life Insurance Company, said Assignment of Rents and Leases being recorded as Document No. 91-34577 and relating to the following described property: See Attached Exhibit "A" and the Note now having been paid, the Assignment of Rents and Leases securing said debt is hereby declared released and satisfied. K "All'tNESS WHEREOF, the American United Life Insurance Company has caused this Release to be executed by its Qu dpthorized officer and its corporate seal to be hereto affixed, this 18°1 day of October, 2001. r. AMERICAN UNITED LIFE INSURANCE COMPANY By: t� Steven T. Holland, Vice President ATTEST: 'r • Dorothy J. Bowma , As Secretary STATE OF INDIANA ) )SS: COUNTY OF MARION ) Before me, a Notary Public, in and for said County and State, personally appeared American United Life Insurance Company by Steven T. Holland and Dorothy J. Bowman, its Vice President and Assistant Secretary, ... respectively, and acknowledged the execution of the foregoing instrument for and on behalf of said Corporation., WITNESS my hard and Notarial Seal this 18th day of October, 2001.. Brenda K. Simnick, Notary Public My Commission Expires: 4/11/09 Resident Shelby County, Indiana CEA J This instrument prepared by Robert E. Ferguson, Attorney at Law, American United Life Insurance Company, Post Office Box 368, Indianapolis, IN 46206 DESCMARYHSUESCOUNTY PENHOLL0NCOUNTYICIAL RCLERKs 2Q�1' 021 MIJIL11111111111111 $41.00 a:�oregonUetease.arr 1 • 11/26/200103;41;49 PM N-ASMq! Cn!■Z SW4 MARSHA $10.00 $0.00 •31.00 •30.00 $5.00 • EXHIBIT `A' Tract B of Partition Plat 1991-29 Deschutes County, Oregon, being also described as: A parcel of land located in the Southeast Quarter (SEI/4) of Section Twenty- seven (27), Township Seventeen (17) South, Range Twelve (12), East of the Willamette Meridian, City of Bend, Deschutes County, Oregon, being more particularly described as follows: Beginning at a point on the North right-of-way of Neff Road, from which the Southeast corner of Section Twenty-seven (27) bears South 82 degrees 59 minutes 13 seconds East, 316.11 feet, thence following along said North right-of-way South 89 degrees 44 minutes 37 seconds West, 410.00 feet to the intersection of the North right-of-way of Neff Road and the East right-of-way of Medical Center Access Drive; thence leaving the Neff Road right-of-way and following along the said East right-of-way of Medical Center Access Drive North 00 degrees 15 minutes 34 seconds, West 306.44 feet; thence North 27 degrees 14 minutes 26 seconds East, 58.13 feet; thence leaving said East right-of-way of Medical Center Access Drive North 89 degrees 44 minutes 37 seconds East, 383.16 feet; thence South 00 degrees 15 minutes 34 seconds East, 360.00 feet to the point of beginning and terminus of this description. Together with a perpetual, non-exclusive Roadway easement recorded September 12, 1991, in Book 244, Page 2379, Deschutes County Records. • a Aoregon\mongagc. rc1 • L] 0 • FIRST AMERICAN TITLE INSURANCE COMPANY Of ORECa}ON P.O. BOX 393 BEND, OR 97709 WHEN RECORDED RETURN TO: Nextel West Corp., dba Nextel Communications 10545 Willows Road NE, Suite 100 Redmond, Washington 98052 ATTN: System Development Manager DECOUNTY OFFICIAL SCHUTES LLOW , COUNTY MARY SUEO2N14269 11111111111 $51,06 07/161166103;47;49 PM ANY I DOCUMENT TITLE(s): 1. Memorandum of Agreement REFERENCE NUMBER(s) OF DOCUMENTS ASSIGNED OR RELEASED: Additional names on page of documents GRANTOR(s) / LICENSOR(s): 1. WILLAMETTE INDUSTRIES, INC. an Oregon corporation Additional names on page GRANTEE(s) / LICENSEE Is: 1. NEXTEL WEST CORP., a Delaware corporation Additional names on page LEGAL DESCRIPTION: Complete legal description on page 5 of the document. of documents of documents ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): R 140900 00 01300 • 0 LJ After recording, please return to: Nextel West Corp. 10545 Willows Road NE, Suite 100 Redmond, WA 98052 Attn: System Development Manager MEMORANDUM OF SITE LEASE OPTION This emorandum of Site Lease Option ("Option") is entered into on 200, , by and between WILLAMETTE INDUSTRIES, corporation, LessR and NEXTEL WEST CORP., a Delaware corporation, Lessee. this day of .INC., an Oregon That Lessor hereby grants to Lessee and Lessee hereby accepts the option to lease from Lessor a portion of that certain real property located in Township 14 South, Range 9 East, Section 17, Willamette Meridian, Deschutes County, Oregon, under the terms and conditions of theunr corded Communications Site Lease Option by and between Lessor and Lessee dated 2001 and incorporated herein by reference, the Option, for a term of one (1) year fro the date hereof up to and including April 30, 2002. The portion of the real property optioned by Lessor and Lessee is that portion depicted on Exhibit A attached hereto and incorporated herein by reference. The Option provides for access and utility easements during the term of the Option. This memorandum is prepared for the purpose of recording to give notice of the Agreement and shall not constitute an amendment or modification of the Aereement. LESS WILLAMETTE INDUSTRIES, INC. anon co oration By: Title: xec. Ulce. Prestdt.¢.r� Title: 14 ZIT• SF--. Date: S�L3)Ol 0a ESSEE: NEXTEL WEST CORP., Delaware corporation/ f A By: Date: . amu... � 4 y , • STATE OF 92 ?+O COUNTY OF rAU On ZWt , before me, (27, 1, Notary Public, personally appeared=. 12 Y e_m t t k0, 1 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed .to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. n7s,,s, my hand and official seal. Notary Public My commission expires: 0(2k Z% ZW Z— OLTIMPANI DEBBNINOTARON COMMI53 (SEAL,) .W COMMISSION, 2002 STATE OF Q AYY I D • COUNTY OF r w r l On before me, Notary Public, personally appppears M' k Ui 10 r /v, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my band and official seal. ?71 -, -21n —;—�cJQCA Notary Public My commission expires: n LJ vRDo "of fit ' Z XV STATE O*�'` • STATE OF COUNTY OF On 7 / / before me, "Notary Public, personally appeared personally own to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Wary Pupt My commission expires: C �'-� S<- aor i� n u L\ .A • EXHIBIT "A" (The Communications Site Lease Option Agreement) A strip of land approximately 20' x35' in length and width located on a parcel of land situated in Township 14 South, Range 9 East, Section 17, Willamette Meridian, Deschutes County, Oregon, on Five Mile Butte, northwesterly from the U.S. Cellular site lease. A copy of the surrey will be attached when it becomes available as page 2 of this Exhibit A. 6 • DECLARATION OF FORFEITURE State of Oregon ) )ss. County of Deschutes ) I, Craig K. Edwards, under oath state as follows: 1. This Declaration pertains to that certain Land Sale Contract (Contract) between John G. Mehlis, as Seller, and Loren Girsberger and Stella W. Girsberger, as Purchasers, a memorandum of which was recorded on March 31, 2000, Volume 2000 at page 12615 in the Official Records of Deschutes County, Oregon, which covers that certain real property situated in Deschutes County, Oregon known as 20130 Winston Loop, Bend, Oregon 97701, and more particularly described as follows: Lot Ten (10), WINSTON RANCH, Deschutes County Oregon 2. An Affidavit of Mailing of Notice of Default, with a copy of the Notice of Default attached (Notice), was recorded on August 6, 2001, in Volume 2001, at Page 38417, of the official Records of Deschutes County, Oregon. 3. The Default described in the Notice was not cured within the time specified, as . required by ORS 95.915. 4. The Contract is hereby declared forfeited. X14 5. I make this declaration as the Attorney for the Seller under the Contract. V1 A Craig K. F66rds Attorney for Seller�� Subscribed and sworn to before me on this � day of 2001. CHAN�DRA L BE FICIAL SEAL CKSTED NOTARY PUBLIC -OREGON NO Public for Ore on COMMISSION NO. 3326M g MY COMMISSION EXPIRES MAR. 15.2004 My Commission Expires: U 15 ?- 2b> After Recording Return to: Craig K. Edwards Attorney at Law DESCHUTES COUNTY OFFICIAL RECORDS 225 NW Franklin, Suite C MARY SUE PENHOLLOW, COUNTY CLERK 200'38553 Bend, OR 97701 D mill 1111111111111111 08181 2 II1IjD 11LIltij1083 $31,00 08/07/200108;25;53 AM D-CONTF Cntsl Stnm2 TIFFANY 83.00 811.00 $10.00 83.00 1 2 3 4 ,U p 5 � � G --� 7 40 s 0 0,20 9 CC� 10 11 12 13 14 15 16 17 18 a a q 19 v 1120 gN�a`21 X022 Wo3�g23 v N M 2 h4 0 25 4 26 • 70 1, P4:33 L..,LWRENCE W. ERWIN, OSB #73085 7.21 NW Lafayette Avenue Bend, OR 97701-1927 19 (541) 317-0520 . ., �((��•� [ �'j j ti CERTIFIED T U Y OF T E O .a GINAL Ln�� Attorney for Claimant '" unte�l thisyy of t7,l _Fr ovine ow FIE SrATC 0Q. tartChu .rfS(�O, ly RECON BY: COURT CLERK IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES JERRY C! NNINGHAM ) Claimant, ) Vs. ) ) THOMA.F, J. SOLITZ, ) Respondent, ) VS. ) ) BONNIE KRUGER, ) Respondent. ) Case No: & y O 03223 ARBITRATION AWARD ORS 36.350 Tris arbitration hearing was held on 5/17/01, pursuant to ORS 36.350. The Agreement to Arbitrate is attached. I make the following Award: 1) The Claimant, Jerry Cunningham is the prevailing party and therefore is entitled to an award of attorney fees pursuant to agreement, from Thomas J. Solitz, in the sum of $9,117.50. Page 1 —ARBITRATION AWARD 1 2 3 4 5 6 7 S 9 10 11 12 13 • 14 15 16 17 18 a 4 19 t3 20 a irhR21 L �tP to22i oE��g23 a ��M H y 24 �p o 25 �7 a 26 0 .2) Claimant; Jerry Cunningham is entitled -to costs -and disbursements from Thomas J. Solitz in the amount of $350.00. 3) Respondent, Bonnie Kruger is to place $11,500.00 for a total of $13,500, into the existing escrow at Kenco Data, Bend, Oregon. The $13,500 is to be paid on a 50% net, after escrow fees, split to Claimant, Jerry Cunningham C/O Lawrence W. Erwin, Attorney at Law, at his below address, and 50% net, after escrow fees, split to Respondent, Thomas J. Solitz, C/O Paul Handy, Attorney at Law at his below address. 4) Each party, upon payment by Bonnie Kruger, is awarded and shall own a one-third interest in the well water and well output pursuant to and under the terms and conditions of the previous Well Agreement between Soltiz and Cunningham's predecessor, Edward Kruger. 5) T .e other agreements as to Kruger's attorney drafting of a new Well Agreement !,,etween the three parties, or Cunningham's attorney doing so if he does not, as contained in the Agreement to Arbitrate, shall be performed. MONEY JUDGMENT SUMMARY 1) Ju Igment Creditor(s): Address: 2) Judgment Creditor(s) Attorney: Address: Phone: 3) Judgment Debtor(s): Address: Pace 2 — ARBITRATION AWARD Jerry Cunningham c/o Lawrence Erwin, Attorney at Law 221 NW Lafayette Ave. Bend, OR 97701-1927 Lawrence W. Erwin #73085 221 NW Lafayette Bend, OR 97701 (541) 317-0520 Thomas John Solitz 26125 Walker Road Bend, OR 97701 • 1 Date of birth: 12/29/48 SS#: Unknown 2 Driver's license number: 1012242 - Oregon 3 4) Judgment Debtor(s) Attorney: Paul Handy, Attorney at Law 327 NW Greenwood Suite 302 4 Bend, OR 97701 5 5) Name of any person or public body other than judgment creditor's attorney entitled to any portion of payment on the judgment: None. 6 7 6) Amount of award/judgment: $2,527.05 8 7) Interest to date of judgment as a specific amount or as accrual, including the rate or rates, the balance or balances on which interest accrues, date or dates from which 9 interest at each rate on each balance runs, whether interest is simple or compounded, 10 and if compounded at what intervals: 11 N/A 12 8) Post judgment interest accrual information, including the rate or rates, the balance or balances on which interest accrues, date or dates from which interest at each rate on 13 each balance runs, whether interest is simple or compounded, and if compounded at what intervals: • 14 9% simple interest from date of entry of judgment on costs and attorney fees. 15 9) Amount of costs and disbursements: $350.00. 16 10) Amount of Attorney Fees: $2,177.05. 17 18 A true copy of this award was served on each party on �4m 0 4 19 D o a ` 21 To Claimant(s) Lawrence W. Erwin, Attorney for Jerry Cunningham Q 221 NW Lafayette Ave. v 22 Bend, OR 97701 wo a-23 To Respondent(s): Paul Handy, Attorney for Respondent Solitz 3 327 NW Greenwood Suit 302 24 Bend, OR 97701 d h W 25 To Respondent(s): Gerald Martin, Attorney for Respondent Kruger 26 1199 NW Wall Street Bend, OR 97701 • Page 3 — ARBITRATION AWARD 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 v � q19 1 X20 � h 'R, 22 a o3°g23 3 � M N 24 b 0 25 4 26 0 DATED this % day of �� h Rll 22001. a4eatwklof.Krbitrdtor Brian MacRitchie Typed or printed name of Arbitrator 1070 NW Bond, Suite 303 Street address or PO Box Bend. OR 97701 City, State, Zip -code Page 4 — /iRBITRATION AWARD r aUrl4 -I%, An I 1 At%I ]VAN Hwttrl" DESCHUTES COUNTY OFFICIAL RECORDS 0i,35re MARY SUE PENHOLLOW, COUNTY CLERK " 11111111111111111111111111111 11111111 $101,00 0000477721 87/24/200108:07:42 AM CL-CL Cntal Stna2 TRACY $90.00 $11.00 DESCHUTES COUNTY CLERK CERTIFICATE PAGE • This page must be included if document is re-recorded. Do Not remove from original document. 0 Mar 13 01 01:55p Hopp L Paulson LLP 541 330-1519 p•2 NOTICE -LAND SUBJECT TO LIEN To Whom It May Concern: The predecessors in interest of the owners of the land described in the attached Exhibit A have incorporated under the corporate name of Tumalo Town District Improvement Company. All of the properties are located in the Townsite of Laidlaw, Deschutes County, Oregon The land described in Exhibit A has been and will be improved as described in the Articles of Incorporation of record in the Office of the Secretary of State of the State of Oregon. The land described in Exhibit A shall be subject the indebtedness incurred by the corporation for its works and the improvement of the land as described in the Articles of Incorporation under the provisions of ORS 554.005 to 554.340 and for operation and maintenance. The land described in Exhibit A is subject to the by-laws of the corporation. Pursuant to ORS 554.190(1) this Notice shall be recorded in the Deschutes County Clerks Office and shall be a covenant to and with the corporation and its members and creditors, attaching to and running with the land described in Exhibits A. AFTER RECORDING RETURN TO: Hopp & Paulson, LLP Attorneys at Law 168 NW Greenwood Bend, Oregon 97701 L� Mar 12 01 10:47a Hopp L Paulson LLP 541 330-1519 p.3 • Block Lots 23 4-5-6-7-8 BETTY BURSS STATE OF OREGON ) )ss. County of Deschutes ) Signed and sworn to before me on , by NOTARY PUBLIC FOR OREGON My Commission Expires: • • �J • Mar 12 01 10:46a Hopp 6 Paulson LLP 541 330-1519 p.l HOPP & PAULSON, LLP Fax Cover Attorneys at Law 168 NW Greenwood Avenue Bend, Oregon 97701 541-388-3606 541-330-1519 (fax) Number of Pages including this sheet: 3 Date: March 12, 2001 To: Deschutes Co. Clerk, Fax: 389-6830 From: Carl William Hopp, Jr. Re: Tumalo Town Improvement District Following is a copy of a Notice. There will be multiple Exhibits "A" (one follows as a reference) to attach to the single Notice. Please let my secretary, Mary, know what the recording fees will be per page. Thanks for your assistance and call me if you have legal questions. CARL WILLIAM HOPP, JR. mf If you did not receive all pages or if there is a question, please call (541) 388-3606 as soon as possible. A hard copy of this transmission will not be sent to you. THIS TRANSMISSION MAY INCLUDE CONFIDENTIAL INFORMATION AND IS INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY NAMED ABOVE. ANY PERSON OTHER THAN THE INTENDED RECIPIENT (OR OTHERS AUTHORIZED BY THE INTENDED RECIPIENT) IS PROHIBITED FROM READING, COPYING OR DISTRIBUTING THIS TRANSMISSION. P. 01 TRANSACTION REPORT MAR -12-01 MON 10:45 AM RECEIVE DATE START SENDER RX TIME PAGES TYPE NOTE M# DP MAR -12 10:44 AM 541 330 1519 57" 3 RECEIVE OK �c � DESCHUTES COUNTY OFFICIAL RECORDS 20141%3 MARY SUE PDMOLLOW, COUNTY CLERK j UWD1111 I II III III L1111111111111111 $46,00 • s s 0812112001 12;47;18 PM "TO Cntut Stn■Z TRACY $210.00 $11.00 $10.00 50.00 1-� AFTER RECORDING RETURN TO: Richard D. Yancey J 408 NW West Hill Road Prineville, Oregon 97754 ASSIGNMENT AGREEMENT TO TRUST APN: 15 -13 -21 -AO -01310; 15 -13 -21 -AO -01311 Taxing District Serial Nos. 182851; 182852 Consideration paid: " ASSIGNMENT OF LINE OF CREDIT TRUST DEED TO TRUST THIS ASSIGNMENT AGREEMENT TO TRUST, made this 26th day of June, 2001, by and between Richard D. Yancey and Patricia Yancey, husband and wife, whose residence and post office address is 408 NW West Hill Street, Prineville, Oregon, 97754, hereinafter called the "Assignor", and Richard D. Yancey and Patricia E. Yancey, Trustees under that unrecorded Living Trust of Richard D. Yancey and Patricia E. Yancey, dated June 26, 2001, whose residence and post office address is 408 NW West Hill Street, Prineville, Oregon, 97754, hereinafter called the "Assignee". WITNESSETH: That in consideration of the terms and conditions of the aforesaid Living Trust Agreement, and the powers granted therein, the Assignor does by these presents grant and convey unto Assignee, or Assignee's Successor, In Trust, as Trustee(s), that certain Deed of Trust, for the uses and purposes and with all of the powers set forth in said Trust agreement, including without prejudice to the foregoing, full power and authority to sell, convey, mortgage, exchange, lease, pledge or otherwise deal with and dispose of said Deed of Trust, according to the sole judgment and discretion of the Trustee(s), according to the tenancy set forth herein, described as follows: 0 . That certain Line of Credit Trust Deed, dated May 6, 1999, by and between Richard D. Yancey and Patricia E. Yancey, husband and wife, as Borrower, Western Title and Escrow Company, as Trustee, and Community First Bank, as Beneficiary, recorded in the Official Recorder of Deschutes County, State of Oregon, recorded in Vol. 1999, Page 23382, as modified by Modification of Deed of Trust, recorded in Vol. 2000, Page 654, all as more fully described in said Deed of Trust. And, in consideration of the premises, the Assignor does hereby covenant with the Assignee that the Assignor is the lawful owner of the herein described Deed of Trust; that said Deed of Trust is in full force and effect and is not in default, and that the Assignor has good right to sell and convey said Agreement. And, in consideration of the foregoing, the Assignee does hereby promise, covenant and agree to and with the Assignor that the Assignee will faithfully observe and perform all of the covenants and conditions contained in said Deed of Trust which are or ought to be observed and performed. The rights and obligations of the Assignor and the Assignee shall be binding upon and inure to the benefit of their respective estates, heirs, personal representatives, successors, successors in trust and permitted assigns. All obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention shall be clearly expressed elsewhere herein. . The terms "Assignor", "Assignee" and 'Trustee, as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine or feminine, the singular or plural number, individuals or corporations and their and each of their respective heirs, personal representatives, successors in trust and assigns, according to the context thereof. N r� U 0 Ll 0 In Witness Whereof, the Assignor and Assignee have executed these presents on the day and year first above written. 3 Richard D. Yancey "Assignor" Richard D. Yancey Patricia E. Yancey "Assignee" 0 • STATE of OREGON SS COUNTY of DESCHUTES On this 26th day of June, 2001, before me personally appeared Richard D. Yancey and Patricia Yancey, husband and wife, as Assignor herein, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that Assignor executed the same as Assignors' free act and deed. Witness my hand and seal. ...+" OFFICIA 1N g EV NO pp�Y PUB 10-OREO g0 COMMISSION N� g 200A nevEX?IBES STATE of OREGON ) SS COUNTY of DESCHUTES ) l Notary Public, State of Oreg On this 26th day of June, 2001, before me personally appeared Richard D. Yancey and Patricia E. Yancey, Trustees, as Assignee herein, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that Assignee executed the same as Assignees' free act and deed. Witness my hand and seal. Off e11.LNSOL dSLESGO A 1 pA P,0 -%r" 30 6SO 1 N010" \Svot o' 'j • 11 2p0 Y G��M19 �� EXp1aEs M 4 5e L. X'j Notary Public, State of Orego 0 VOL: 1999 PAGE: 23382 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES IRIII IIRI IIIII IIIII IIII RIIII IIIII IIIII IIIII IIIII I III IIS *1999-23382 * Vol -Page Printed: 05/1111999 15:10:35 I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: May. 11, 1999; 3:06 p.m. 5813 Deed of Trust $50.00 NUMBER OF PAGES: 7 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK 7`12- a33N, RECVRDEDUY ?RN TITLE & ESCROV. G - When recorded return to: CCMM3N= FIRST BANK 555 W. 3RD ST. PRINEVILLE, OR 97754 State of Oregon Space Above This Line For Recording Data LINE OF CREDIT TRUST DEED (With Future Advance Clause) DATE AND PARTIES. The date of this Deed of Trust (Security Instrument) is ...... .6,,.199.9 ..................... and the parties, their addresses and tax identi cation numbers, if required, are as follows: ::D. 2•'l GRANTOR: RICHARry'YANCEY PATRICIA YANCEY AS TEO MM BY THE ENTIRETY AS TENANTS BY THE ENTIRETY PO BOX 733 PO BOX 733 RE IIV=, OR 97756 RE 11M, OR 97756 SOCIAL SECURITY #: 541-66-4388 SOCIAL SECURITY #: 599-88-0496 0 If checked, refer to the attached Addendum incorporated herein, for additional Grantors, their signatures and acknowledgments. TRUSTEE: WESTII2N TITLE AND ESCROW CZ.MPANY TR[1SIEE 141 NW SIXTH ST, #A RE U,T- SID, OR 97756 LENDER: CCNKNITY FIRST BANK ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF ORD30N 555 W. 3RD ST. PRINEVILLE, Cut 97754 TAXPAYER I.D. #: 93-0754990 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: PARCEL 2 AND 3 OF PARTITION PIAT NO'` BEING LOCATED IN A POR'TICN OF THE SOUTHEAST QlMKM OF THE NORTHEAST QUAKM (SE1/4 NE1/4) OF SECTION 21, TCF EAUP 15 SOUTH, RANGE 13 EAST OF THE WILLAMETTE MEPMIAN, DFSC ITES aX NTY, OREGON *1993/16 RDV The property is located in DRKhis................................................... at ...,.......................................... (County) ................................................................................... Oregon .. 97750............ (Address) (City) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed $ ................................ . This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) PROMISSORY NOTE IN THE NAME OF CEMENT PRODUCTS INC, IN THE AMaWT OF $665,305.02 DATED 5/6/99 AT AN INTEREST RATE OF 9.75% A 0ORDING TO THE WALL STREET JOURABIL MATURING CN 6/25/19 OREGON . DEED OF TRUST (NOT FOR FNMA, FHUNC, FHA OR VA USE) _ / (page 01994 Sam- Syatam,, Ino., St. Clout, MN Fam RE -OT -OR WOMB B. All future advances from Lender to Grantor or other future obligations of Grantor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Grantor in favor of Lender executed after this Security Instniment whether or not this Security Instrument is specifically referenced. If more than one person signs • this Security Instrument, each Grantor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Grantor, or any one or more Grantor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if [Wade on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Grantor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Grantor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise Protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. S. PAYMENTS. Grantor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey, and sell the Property to Trustee, in cost, with power of sale. Grantor also warrants that die Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent, 8. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease pa ments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591) as applicable. This covenant shall tun with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will kap the Property ingood condition and make all repairs that are reasonably necessary. Grantor shall not commit or allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the insQection. Any inspection of the Property shall be entirely for Lender's benefit and Grantor will in no way rely on Lender s inspection. 11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's tight to perform,for Grantor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carred on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (aR referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Grantor will promptly provide Lender with true and correct copies of all existing and future Leases. Grantor may collect, receive, enjoy and use the Rents so long as Grantor is not in default under the terms of this Security Instrument. Grantor agrees that this assignment is immediately effective between the parties to this Security Instrument. Grantor agrees that this assignment is effective as to third parties when Lender or Trustee takes affirmative action prescribed by law, and that this assignment will remain in effect during any redemption period until the Secured Debt is satisfied. Grantor agrees that Lender or Trustee may take actual possession of the property without the necessity of commencing legal action and that actual possession is deemed to occur when Lender, or its agent, notifies Grantor of default and demands that any tenant pay all future Rents directly to Lender. On receiving notice of default, Grantor will endorse and deliver to Lender any payment of Rents in Grantor s possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Grantor warrants that no default exists under the Leases or any applicable Pandlord/tenant law. Grantor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Grantor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Grantor will perform all of Grantor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Grantor will be in default if any party obligated on the Secured Debt fails to make payment when due. Grantor will be in default if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Grantor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if -F— (page 01994 Bkot Byltamt. Int:., St. Claud. MN fpm RE -OT -OR B/8 an / /A / 99 - X338A-3 any, Lender ma accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if • Grantor is in default. A[ the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, including without limitation, the power to sell the Property. If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the lender, advertise and sell the Property as at whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and clear of all right, title andpinterest of Grantor at such time and place as Trustee designates. Trustee shall give notice of sale including the time, terms and place of sale and a description of the property to be sold as required by the applicable law in effect at the time of the proposed sale. Upon sale of the property and to the extent not prohibited by taw, Trustee shall make and deliver a deed to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Lender all moneys advanced for repairs, razes, insurance, liens, assessments and prior encumbrances and interest thereon, and the princippal and interest on We Secured Debt, paying the surplus, if any, to Grantor. Lender may purchase the Property. The recitais in any deed of conveyance shall be prima acie evidence of the facts set forth therein. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercisingan remedy on Grantor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Grantor agrees to pay all of Lender's expenses if Grantor breaches any covenant in this Security Instrument. Grantor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Grantor agrees to pay all costs and expenses incuaed by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Securtt Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and ocher legal expenses. This Security Instrument shall remain in effect until released. Grantor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters conceming the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental Law. Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use andmaintenanceof the Property. B.Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are, and shall remain in full cpmpliance with any applicable Environmental Law. C. Grantor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Grantor shall take all necessary remedial action in accordance with any Environmental Law. D. Grantor shall immediately notify Lender in writing as soon as Grantor has reason to believe there is any pending or threatened investigation, claim, or proceedingrelating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Propertythrough condemnation, eminent domain, or any other means. Grantor i authorizes Lender to intervene in Grantor's name n any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Grantor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Grantor subject to Lender's approval, which shall not be unreasonably withheld. If Grantor fails to maintain the coverage described' above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Grantor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Grantor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Grantor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Grantor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment.. Any excess will be paid to the Grantor. If the Property is acquired by Lender, Grantor s right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Grantor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Grantor agrees to sign, deliver, and file anl+ additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantors obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Grantor signs this Security Instrument but does not sign an evidence of 0199! Banken Syst—, Inc.. St. CImM, MN Fwm RE -DT -OR 816/99 qq-;Z33r2-It debt, Grantor does so only to mortgage Grantor's interest in the Property to secure payment of the Secured Debt and • Grantor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Grantor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 24. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee without any other formality than the designation in writing. The successor trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. 25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one grantor will be deemed to be notice to all grantors. 26. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead exemption rights relating to the Property. 27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: ❑ Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a aro balance, this Security Instrument will remain in effect until released. X3 Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ❑ Ffxtture Filing. Grantor grants to Lender a security interest in all goods that Grantor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. • ❑ Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable boxes] ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Other .................................................. $H Additional Terms. FIRST 'TRUST DEED CN DESCH TIES COLIM PROPERTY SIGNATURES: By signing below, Grantor agrees to the terms and covenants contained in this Security Instrument and in any attachments. or also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. X.....�?u +......Y.. X..,l..G4i��G,CI.. Dare.. (Signature) RIC UM YWCEY (Date) (signature) PATRICIA ( ) ACKNOWLEDGMENT: STATE OF ................................. COUNTY OF DESMWES.,..............................} ss. Ondivi 11 This instrument was acknowledged before me this .......Pi....... day of ........... P! 1..1999 ..................... by Rit3D'RD,SANCY,1jIID,PAII2ICIA.YICEY.... ............ .......... .. .......... Ni . FFICIAL SEAL .......... .. .. ............................ LORETTA D RYTTING (Noary Pobh NOTARY PUBLIC • OREGON RMUEST FOR RECONVEYANCE (Not to be completed until paid in full) TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel this Deed of Trust, which is delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. ....................................................................................................................... (Authorized Bank Signature) (Date) 01994 BankMa 9yst—, kw., 9t. LIoW, MN Form RE -DT -0R SAM (pays 4 of 4) 99 - a 3 3$ 2's • ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is trade this ..6T%.... day of ..... MAX...1.999 .................... and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Qal* `i1.T X. k'ZR T....... Bw................................................................................................ (the "Lender") of the same date and covering the property described in the Security Instrument and located at: M. WX.733,..,..QR... 97.796.......................................................................... [Property Addrml NOTICE: THE SECURITY INSTRUMENT SECURES A NOTE WHICH CONTAINS A PROVISION ALLOWING FOR CHANGES IN THE INTEREST RATE. INCREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS. ADDITIONAL COVENANTS. In addition to the covenants and agreements trade in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND SCHEDULED PAYMENT CHANGES The Note provides for an initial interest rate of ............9:.7.50 `ib. The Note provides for changes in the interest rate and the payments, as follows: 3. PAYMENTS (A) Scheduled Payments All references in the Security Instrument to "monthly payments" are changed to "scheduled payments." I will pay principal and interest by making payments when scheduled: (mark one): ❑I will make my scheduled payments on the first day of each month beginning on ............... ................................................................................................................... . 1XI will make my scheduled payments as follows: CN THE 25TH DAY OF EACH MXM BEGJNDTM CN JWE 25, 1999 ❑In addition to the payments described above, I will pay a "balloon payment" of $................................... on ................................. The Note Holder will deliver or mail to me notice prior to maturity that the balloon payment is due. This notice will state the balloon payment amount and the date that it is due. (B) Maturity Date and Place of Payments I will make these payments as scheduled until I have paid all of the principal and interest and any other charges described in the Note. My scheduled payments will be applied to interest before principal. If, on. MAX. 25...20) 9 .......... I still owe amounts under the Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my scheduled payments at 5.55.?9.: W..S9 ..... >?99g3Y.TT,S+1;,.. QR...9.7.754........... ............................................ I.......... or at a different place if required by the Note Holder. MULTISTATE ADJUSTABLE RATE RIDER Ben4srs Syslame, M,c., St. Cloud, MN Form ARLR 3/18/90 /peyf 1 0131 �(�� 4q - ;23 382-4 • (C) Amount of My Initial Scheduled Payments Each of my initial scheduled payments will be in the amount of U.S. $ k..445,75 ............... . This amount may change. (D) Scheduled Payment Changes Changes in my scheduled payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my scheduled payment in accordance with Section 4 of the Note. 4. INTEREST RATE AND SCHEDULED PAYMENT CHANGES (A) Change Dates Each date on which my interest rate could change is called a "Change Date." (Mark one) ❑The interest rate I will pay may change on the first day of ........................................... and on that day every ................................................. month thereafter. %RThe interest rate I will pay may change .................. and on every .252H.AAY.OF'..F1i.3ON. MlNIH....................... thereafter. (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is: ............................................................................................................................ ............................................................................................................................ ........................................................................................................................... . The most recent Index figure available as of the date ❑ 45 days XX $'.?RSA. *Y,P :.729........ PRIOR..MWH.......................................................................................................... before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by .................. PDDING,FIVE. Qo%I,4.QQ.................................................................................... percentage points ( ...................5:.500 %) to the Current Index. The result of this calculation: ❑ will not be rounded off. 12 will be rounded off by the Note Holder to the nearest .............. ❑ will be rounded off by the Note Holder up to the nearest ...................... �. ❑ will be rounded off by the Note Holder down to the nearest ...................... %. Subject to the limitations stated in Section 4(D) below, this amount will be my new interest rate until the next change date. The Note Holder will then determine the amount of the scheduled payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my scheduled payment. (D) Limits on Interest Rate Changes ❑My interest rate will never be increased or decreased on any single change date by more than ........................ percentage points from the rate of interest I have been paying for the preceding period. IRMy interest rate will never be greater than ..........1S,.O.QQ % or less than ........... S.SQQ% (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new scheduled payment beginning on the first scheduled payment date after the Change Date until the amount of my scheduled payment changes again. Bankers Systeme. Ina., St. CI A, MN Form ARLR 3/1 S/88 (page 2 of 3) _4&?a * q9 -.23 3 8-1-7 • (F) Notice of Changes At least 25 days, but no more than 120 days, before the effective date of any payment change, the Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my scheduled payment. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. FUNDS FOR TAXES AND INSURANCE (check one) 88 Uniform Covenant 2 of the Security Instrument is waived by the Lender. O Uniform Covenant 2 of the Security Instrument is amended to read as follows: 1. The word "monthly" is changed to "scheduled." 2. Paragraph 3 is amended to read as follows: If the funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to the Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at that time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the shortage or deficiency. Borrower shall make up the shortage or deficiency at Lender's sole discretion, subject to the requirements of applicable law. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. CEIytE3dl' Pl?CrAJCTS INC, . aY.; .�/.;!/...c/Gr^.�1... ............................. (Seal) RICHARD YANC EY, PRE SII IDDDEEENNNY�IIIIT" Borrower / HY.�'ZC���:1�.. / (Seal) PATRI-Bortower 9Mksrs Systems, 1—, St. Clout, MN Form ARLR 3/18198 Ipsys 3 of 3) 1Q 0 O -400,42 AFTER RECORDING RETURN TO: SEND TAX STATEMENTS TO: Mr. & Mrs. Duane F. Greenhoe 61752 Gosney Road Bend, Oregon 97702 APN: 18-13-05- 00- 01400 Consideration paid: " ASSIGNMENT OF DEED OF TRUST THIS ASSIGNMENT, made this 11th day of January, 2000, by and between Duane F. Greenhoe and Russell B. Greenhoe, husband and wife, whose residence and post office address is 61752 Gosney Road, Bend, Oregon 97702, hereinafter called the "Assignor", and Duane F. Greenhoe and Russell B. Greenhoe, Trustee(s) under that unrecorded Living Trust of Duane F. Greenhoe and Russell B. Greenhoe dated January 11, 2000, whose residence and post office address is 61752 Gosney Road, Bend, Oregon 97702, hereinafter called the "Assignee". WITNESSETH: That in consideration of the terms and conditions of the aforesaid Living Trust Agreement, and the powers granted therein, the Assignor does by these presents grant and convey unto Assignee, or Assignee's Successor, In Trust, as Trustee(s), that certain Deed of Trust, for the uses and purposes and with all of the powers set forth in said Trust agreement, including without prejudice to the foregoing, full power and authority to sell, convey, mortgage, exchange, lease, pledge or otherwise deal with and dispose of said Deed of Trust, according to the sole judgment and discretion of the Trustee(s), according to the tenancy set forth herein, described as follows: • Assignment Agreement - Page 1 10 That certain Deed of Trust, dated October 19, 1994, by and between Duane F. Greelthoe and Russell B. Greenhoe, as Grantor, Klamath First Federal Savings and Loan Association, as Beneficiary, and William L. Sisemore as Trustee, recorded on October 19, 1994, as Document No. 94-41764, in the Official Recorder of Deschutes County, State of Oregon, in Book 355, Page 1637, all as more fully described in said Deed of Trust. And, in consideration of the premises, the Assignor does hereby covenant with the Assignee that the Assignor is the lawful owner of the herein described Deed of Trust; that said Deed of Trust is in full force and effect and is not in default, and that the Assignor has good right to sell and convey said Agreement. And, in consideration of the foregoing, the Assignee does hereby promise, covenant and agree to and with the Assignor that the Assignee will faithfully observe and perform all of the covenants and conditions contained in said Deed of Trust which are or ought to be observed and performed. The rights and obligations of the Assignor and the Assignee shall be binding upon and inure to the benefit of their respective estates, heirs, personal representatives, successors, successors in trust and permitted assigns. All obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention shall be clearly expressed elsewhere herein. The terms "Assignor", "Assignee" and "Trustee, as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine or feminine, the singular or plural number, individuals or corporations and their and each of their respective heirs, personal representatives, successors in trust and assigns, according to the context thereof. Assignment Agreement - Page 2 9 •Zoo-I�o�rz•�l • In Witness Whereof, the Assignor and Assignee have executed these presents on the day and year first above written. u �- Duane F. Gre h OK 4 Russell B. Greenhoe Assignor Duane F. Gree hoe, 11US14 Russell B. Greenhoe, Trustee Assignee STATE OF OREGON ) ) SS. COUNTY of DESCHUTES ) On the lith day of January, 2000, before me personally appeared Duane F. Greenhoe and Russell B. Greenhoe, husband and wife, as Assignor herein, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that Assignor executed the same as Assignor's free act and deed. AV/t/ 1, ey /,: OFF1G �'� ;BAS No ary Public, State of Orego OANA 811'=IN4i�E�0oN ; NptARY P�BNINo 308890 GOMM18810 OV. 9, 2001 COMMISSION 8Xp1R8S N 0 Assignment Agreement - Page 3 • 10 L� tirr�o f STATE OF OREGON ) ) SS. COUNTY of DESCHUTES ) On the 11th day of January, 2000, before me personally appeared Duane F. Greenhoe and Russell B. Greenhoe, as Assignee herein, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that Assignee executed the same as Assignee's free act and deed. ..-•�, f�G�A �N � «ypON p go NG MN,�y`p�P�B •�:,. c�MM�9g�ON My Notary Public, State of Oregon Assignment Agreement - Page 4 • Thomas K. Wolf, Esq. Amerititle P.O. Box 752 Bend, OR 97709 Thomas K. Wolf, LLC. 4. .e .a .g An Oregon Limited Liability Company Established For Legal Representation Of Clients 4550 SW Kruse Way, Suite 125 Lake Oswego, OR 97035 Phone (503) 697-8455, Fax (503) 697-8552 e-mail: wolftk@teleport.com January 30, 2001 Re: Association of Unit Owners of the Inn of the Seventh Mountain Unit Owner: Clay Felton Lot No.: 315-316 Our File No. 1602-2(116) Tammy L. Wolf, CLA Enclosed please find an Affidavit of Tammy L. Wolf for recording. Once the Affidavit is recorded, please return the recorded copy to my office within 20 days from the date of recording. Thank you. Sincerely, Ln omas K. olf C> /tlw T> Enclosure- r c:: 10 AFFIDAVIT OF TAMMY L. WOLF State of Oregon ) ss. County of Clackamas ) I , Tammy L. Wolf, being firf;t sworn, do hereby depose ana- state that: 1. I am a legal assistant at the Law Office of Thomas K. Wolf LLC. In that capacity, I am familiar with notices sent regarding collection of condominium assessments of the Association of Unit Owners of the Inn of the Seventh Mountain, specifically, as to unit owner Clay Felton, Unit 315- 316, at The Inn of the Seventh Mountain. 2. I caused to be mailed to defendants Liberty Bank and Atlantic Mortgage Investment Corporation, a notice, return receipt requested, pursuant to ORS 100.450(7), on September 17, 2000, stating that the Association of Unit Owners of the Inn of the Seventh Mountain, had filed a Claim of Lien against the above described units due to a failure to the unit owner to pay the Association's assessments for common expenses pertaining to that unit. 3. Defendants Liberty Bank and Atlantic Mortgage Investment Corporation were also notified in said notice, that the Lien of the Association, may become prior to that of the lender pursuant to ORS 100.450. A copy of the notice, with certified mail receipts, is attached hereto, and by this reference incorporated herein. Tammy L. W 1 Subscribed and sworn to before me this 'day of January, 2001,t Tammy L. Wolf. Public or regon After Recording Return to: Thomas K. Wolf, LLC. Thomas K. Wolf, Esq. 4550 S.W. Kruse Way, Suite 125 4 V OFFICIAL SEAL Lake Oswego, OR 97035'. t r" DONNA J CLARAMBEAU NOTARY PUBLIC -OREGON COMMISSION NO. 304307 GrlA"ANsSeQR; EXPIRES AUGUST ZB2DD1 JL TIMM K. W o, LLC C. 4% + + 1, An Oregon Limited Liability Company Established For Legal Representation Of Clients Thomas K. Wolf, Esq. 4550 SW Kruse Way, Suite 125 Lake Oswego, OR 97035 Phone (503) 697-8455, Fax (503) 697-8552 e-mail: wolftk(dteleport.com September 17, 2000 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Liberty Bank fdba Liberty Savings and Loan Association Attn: Bob Fenstermacher President 355 Goodpasture Island Rd. #200 Eugene, OR 97401 Atlantic Mortgage & Investment Corporation c/o Kenneth M. Kirschner Registered Agent 50 N. Laura St., Suite 2800 Jacksonville, FL 32202 Tammy L. Wolf, CLA Re: NOTICE OF ASSOCIATION'S INTENT TO GAIN PRIORITY OVER PRIOR • RECORDED TRUST DEEDS Unit Owner: Clay Felton Unit Number: 315-316, Building 17 of the Inn of the Seventh Mountain Original Deed of Trust Amount: Date: Recorded: Book/Page: Grantor: Trustee: Beneficiary: $42,000.00 May 3,1988 May 11, 1988 163/1543 Deschutes County Records Terry L. Thomas and Cheryl D. Thomas Key Title Company Liberty Savings and Loan Association Our client is the Association of Unit Owners of the Inn of the Seventh Mountain (hereafter "Association"), an Oregon non-profit corporation. The Association has filed a Claim of Lien against the above described units due to a failure of the unit owner to pay the Association's assessments for common expenses pertaining to that unit. A copy of the recorded Lien in the amount of $1,522.22 is attached. THE LIEN OF THE ASSOCIATION MAY BECOME PRIOR TO THAT OF THE LENDER PURSUANT TO ORS 100.450. is I* Page Two September -17, 2000 You are encouraged to seek legal advise relative to the rights of the Association under ORS 100.450. Sincerely, Thomas K. Wolf TKW:tlw cc: Fred Bartel ■ Complete items 1 and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1 PN to Ren�n1G m o, e Ln Postmark 0 A. by Pleas, 'IIt f R, Receipt Fee (Endorse, ant C�Received Postage $ = Signature Ir Certified Fee M Return Receipt Fee N (Endorsement Required) D. Is delivery address different C:I Restricted Delivery Fee If YES, enter delivery addre C3 (Endorsement Required) 3. Service Type Certified Mail Registered ❑ Insured Mail Postmark Here C3 Total Postage & Fees N V7 Recipient' (1l me (Pie ae Print y) (To be completed by macer) O C3 Street pt. No.; or PO Box .. __.... ❑ Fxpr M1 Clfy Stat®, ZfPr 4���� ❑ Rett ;,, ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service labeq PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 ■ Complete iter ! 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ft+h Oc ftjict� C I:� �t"h C ,� A. Received by IT ; Print Clearly, C. Signature X Cr —� D. Is delivery address different from it C3 If YES, enter delivery address bel Er Postage I $ I q r o Certified Fee f\ Postmark \\Ji V J� f\ �t '�� m N G R, Receipt Fee (Endorse, ant Here ��Cj/C T �� /1 ( n.�6 V ` r— 3 3. Service Type �Cert�ed Mail ❑ Expres ,, O Restricted Delivery Fee (Endorsement Required) 'tel ❑ Registered ❑ Return Re, O Postage & I— ❑ Insured Mail Cl C.O.D. N Ln Recipient's Name (Please Print Clearly) (To be completed by matter) C�� ? 4. Restricted Delivery? (Extra Fee) C3 / �t, ` /►� C� 2. Article Number from service IabelJ p Street, Apt. No.; or PO Box No. /(Copy -Imo— `-1 —' O& E" –/ v �r✓ cel PS Form 3811, July 1999 Domestic Return Receipt c %ry, -rare, z%a+4 VOL: 2000 -WAGE: 15980 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *2000-15980 * Vol -Page Printed: 04/26/2000 08:43:30 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: Apr. 26, 2000; 8:42 a.m. RECEIPT NO: 20038 DOCUMENT TYPE: FEE PAID: NUMBER OF PAGES: Lien (statutory) $21.00 2 t)v� ac, P,,4e� MARY SUE PENHOLLOW DESCHUTES COUNTY CLARK Clay Felton P.O. Box 7228 Bend, OR 97708 6e 000 - 15 ? Fo - i HOMEOWNER'S ASSOCIATION LIEN Notice is hereby given that the undersigned, Fred Bartel, Treasurer of AUO, Inn of The 7th Mtn., c/o Cascade Bookkeeping at 875 SE Third St, Bend, OR 97702, claims a lien on property held by Clay Felton for non-payment of assessments due as follows: 1. The property held is commonly known as Unit #315 Inn at The 7th Mtn., Bend, Oregon 97702 and more particularly described as: Unit #315 Inn at The 7th Mtn. Deschutes County Bend, Oregon. • 2. The lien is claimed for the following assessments: Homeowner's dues and charges 3. The amount of assessments due is $1,522.22 plus cost and attorney's fees. 4. The charges have remained unpaid for more than thirty (30) days. DATED this 1?5- day of it , 2000 Fred Bartel, Treasurer of AUO, Inn of The 7th Mtn. 1 STATE OF OREGON ) ) ss. County of Deschutes ) I, Fred Bartel, being first duly sworn, depose and say: that I am the Treasurer of AUO, Inn of The 7t' Mtn., the claimant named in the foregoing instrument; that I have knowledge of the facts therein set forth; that all statements made in said instrument are true and correct as I verily believe. SUBSCRIBED and sworn to before me this 5 day of �. 2000. ' Y..iEL BEAT. g�1;ti;Irt.AT IfiAT't' W,ARYPUBLIC iREGON cohifrlsSlO1I1!0.002255 Notary Public for Oregon MY CGrSFl13S!ON EXPIP.CS F[B 27, 2001 g } -_ My commission expires • Return to: AUO, Inn of The 7th Mtn. C/o Cascade Bookkeeping 875 SE 3rd St., Ste . ##200 Bend, OR 97702 • • • Q log, Will /t,���"� W7 - IA Q 1'� FINANCIAL SEGREGATION AGREEMENT THIS AGREEMENT made and entered into by and between Deschutes County, a political subdivision of the State of Oregon (hereinafter referred to as "County"), and Daniel K. Kiesow and Joani K. Kiesow, Owner of certain real property described in the Warranty Deed recorded in Volume 2000, Page 1370, (hereinafter referred to as "Owner"). WITNESSETH WHEREAS, County prohibits the partition or subdivision of real property except as provided in the County Comprehensive Plan and implementing ordinances; and WHEREAS, Owner does not desire, at this time, to partition or subdivide Parcel A, but does desire to allow a security interest be established in that portion of Parcel A described herein as Parcel B; and WHEREAS, Owner intends to offer Parcel B as security for a loan from a lender; now, therefore, In consideration for the mutual promises set forth herein, it is hereby agreed by and between the parties as follows: Parcel A is described in Exhibit "A": 2. Parcel B described in Exhibit "B": 3. COUNTY agrees to the segregation of Parcel B from Parcel A for the purposes and under the terms stated herein. Parcel B may be offered by owner as security for a loan. 4. OWNER agrees that this Segregation Agreement is not a land use permit and that notwithstanding any provision set forth in this Agreement, all applicable state and county land use regulations remain in full force and effect with respect to the property. 5. OWNER agrees that segregation allowed under this Agreement does not create two (2) legal lots of record but creates only a tax lot segregation. 6. OWNER agrees not to sell, transfer, convey, or grant any interest in the real property described herein to any other person except as provided herein. 1 - Financial Segregation Agreement • 7. OWNER agrees that when the lien upon Parcel B created pursuant to this -Agreement is satisfied, Owner will cause the Deschutes County Assessor's Office to combine Parcel B with the remainder of Parcel A to form one contiguous tax lot. 8. OWNER agrees that any dwelling units shall be erected only upon Parcel B, and that no additional dwelling units shall be erected upon the remainder of Parcel A. 9. OWNER agrees that the rights of Owner hereunder shall be limited to those rights arising pursuant to ORS 92.010(7), and that nothing in this Agreement shall constitute a waiver of any duty imposed upon Owner pursuant to the laws of the State of Oregon and County. 10. OWNER agrees that the terms of any loan agreement secured by the security interest granted in Parcel B and the terms of any security interest encumbering Parcel B shall incorporate by reference the terms of this Agreement and shall specifically state that the security interest granted in Parcel B is subject to this Agreement. 11. County may upon breach by any party of the obligations set forth hereunder after demand and reasonable opportunity to cure enforce this Agreement in equity. 12. This Agreement shall be of no effect unless and until it is recorded in the Deschutes County Deed Records. • 13. This Agreement shall terminate only upon the occurrence of any of the following: (a) Pursuant to Paragraph 7, Owner causes Parcel B to be recombined with the remainder of Parcel A to form one tax lot; or (b) Parcel B is otherwise combined with the remainder of Parcel A to form one tax lot. 14. The parties agree that this Agreement constitutes an equitable servitude burdening Parcels A and B. In addition, the parties agree that the Agreement shall be binding upon the parties, their heirs, successors and assigns and any persons taking through them. 2 - Financial Segregation Agreement • • • DATED this t''k day of Jm . , 2001. ONOFFICIAL SEAL DOREEN BLOME' NOTARY PUBLIC -OREGON COMMISSION NO. 330008 MY COMMISSION ,=/ DEC. 21, 2003 STATE OF OREGON } } ss County of Deschutes } DESCHUTES COUNTY COMMUNITY DEVELOPMENT, BEND, OREGON _.&.2*, ff V'_ / GEORGE"J. MEAD, Director BEFORE ME, a Notary Public, personally appeared GEORGE J. READ, the above named Director of Community Development of Deschutes County, Oregon, and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon. Notary Public for Oregon My Commission Expires: DATED this �Cb�day of 5,-, 20017 . IEL JOANrVIESOW STATE OF OREGON } } ss County of Deschutes } On this L-A day of �G'" , 200_L, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Daniel K. Kiesow and Joani K..Kiesow who are known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. sa W OFFICIAL SEAL DOREEN GLOME' NOTARY PUBLIC -OREGON COMMISSION NO. 330008 MY COMN4!!�.Q C?N' !_:r�,iRF:S DEC. 21, 2003 3 - Financial Segregation Agreement Notary Public for Oregon My Commission Expires: 2 2 03 P r PROPERTY DESCRIPTION — f 4KC E L- A The Southeast Quarter of the Northeast Quarter (SE '/4 NE '/4) of Section 13, Township 16 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon. EXCEPTING THEREFROM the North 30 feet of the above described property lying Westerly of Gerking Market Road, which is dedicated to the public for road purposes. ALSO EXCEPTING those portions of the SETA of the NEIA lying within the right of way of Gerking Market Road. u " ExHisn' B PROPERTY DESCRIPTION - PtMei AS Thaf po r*oh of The Southeast Quarter of the Northeast Quarter (SE '/4 NE '/4) of Section 13, Township 16 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon. EXCEPTING THEREFROM the North 80 feet of the above described property lying Westerly of Gerking Market Road, which is dedicated to the public for road purposes. ALSO EXCEPTING those portions of the SETA of the NEIA lying within the right of way of Gerkin Market Road. prscAtA90 45 i�'O�o419 .o. a 3.27 acre parcel described as follows: Beginning at the Northwest corner of above described parcel; thence South along the West property line 30 feet to a point intersected by the South right - of way line of above described county road dedication and the true point of the beginning of this description; thence East, parallel to the North line of said parcel, along the South right-of-way line of county road dedication a distance of 500 feet; thence South parallel to the West line of said parcel, a distance of 285 feet; thence West parallel to the North line of said parcel a distance of 500 feet to a point along the West line of said parcel; thence North along the West line of said parcel a distance of 285 feet to the true point of the beginning and the end of this description. tr` is AFTER RECORDING RETURN TO: Laura Craska Cooper Ball Janik LLP 5 SW Colorado, Ste. K nd, OR 97702 DATE: May 22, 2002 Exhibit `B" MEMORANDUM OF OPTION OWNER: Bank of the Cascades OPTIONEE: Bond -Wilson Associates, LLC DESCHUTES COUNTY O"ICIAL COUNTYRCL RKY 200263W08 Hill jillul 111111jL111LI 111111111111111 06/03/2002 D -OP Cn1,s1 Slnx3 MARSHA $0.00 $11.00 $10.00 $5.00 Pursuant to that certain Option Agreement dated as of May 22, 2002, ("Agreement"), Owner has granted to Optionee an option to purchase that certain real property described as Lot 46 of Upper Terrace Phase 11, City of Bend, Deschutes County, Oregon and the improvements thereon (collectively, the "Property"). Reference is made to the Agreement, as it may be amended from time to time, for the terms and conditions of such option. OWNER: BANK OF THE CASCADES, an Oregon banking corporation By. Name: Micha 1 Delvin • Title: Executive Vice President • STATE OF OREGON ) )ss. County of Deschutes ) X f y S6�\,\ The foregoing instrument was acknowledged before me this 22nd day of May, C�,� v g g 0- i.� 2002 by Michael Delvin, the Executive Vice President of Bank of the Cascades, an Oregon banking corporation, on behalf of the corporation. $31.00 12;42;42 PM oe�ele �LaLe NOTARY PUBLIC FOR OREGON NOTA11Y PUBLIC OR600N COMAi18810NN0.b32l86 My Commission Expires: MYCOMMIS810NFJfPIRE8MAR27,2004 Page 11. PROJECT MANAGEMENT AGREEMENT AND OPTION 9.415U56924.d0c �o n fi • EXHIBIT C TO OPTION AGREEMENT After recording return to: Mr. James F. Dulcich Miller, Nash, Wiener, Hager & Carlsen LLP 3500 U.S. Bancorp Tower 1 I 1 S.W. Fifth Avenue Portland, Oregon 97204-3699 MEMORANDUM OF OPTION AGREEMENT THIS MEMORANDUM OF OPTION AGREEMENT (this "Memorandum") is executed as of September Al- , 2001, by The Roman Catholic Bishop of the Diocese of Baker a corporation sole ("Owner"), whose address is"99 � at a memorandum of an unrecorded Option Agreement (th "Agreement") between Owner and • Faith Enhanced Development Enterprises, an Oregon nonprofit corporation ("Optionee"), whose address is 0424 S.W. Iowa Street, Portland, Oregon 97201, concerning the real property described on Exhibit A attached hereto and made a part of hereof, and all improvements located thereon (collectively, the "Premises"). 1. Sale. For good and valuable consideration, Owner has given Optionee the exclusive option to purchase the Premises upon all the terms, conditions, and provisions set forth in the Agreement, which provisions are incorporated in this Memorandum by reference. The option will expire on September 30, 2003. 2. Miscellaneous. This Memorandum is not a complete summary of the Agreement. Provisions in this Memorandum shall not be used in interpreting the Agreement provisions. In the event of a conflict between this Memorandum and the Agreement, the Agreement shall control. MMYNSUESPENNOLLONCOUNTY W,FZCIAL 000NTYRCLERKS 7Nl'S0226 I III (IIIIIIIIII $41.00 1 1 10/12/200112:31:55 PM D -OP Cntel Stn■S MARSHA 016.00 $11.00 •10.00 $5.00 • -1- 15 11 18-0001/092401/PDXDOCS:1249910.10 STATE OF OREGON, • i ss. il County of .......................................................... This instrument was acknowledged before me on ..........................................1 19 ......... by ................................................ .............................................. ...................................................... Notary Public for Oregon My commission expires ................................................................ i. STATE OF OREGON, ss. County of . . ............... This instrument was acknowledged before me on ...... .......................... ..................... ............................James.. E. Johnson ........ . . .............................. as Trustee NAME OF CORPORATE OFFICE OR AGENT. PARTNER, TRUSTEE. ETC. of Central Oregon Radiology Assoc., -1€ Purchase Pension Plan & Profit Sharing Trust - -- --------- - ­ -- . NAME OF CORPORATION, _PA-"RS-H-1_P,_TRUST, . E ........ .............................................. .......... C, ............................................ di, N�-14r7u); or Ozeg? MY commission expires OFFICIAL SEAL tj JULIE M DUMDEI NOTARY PUBLIC -OREGON COMMISSION NO. 336800 M OMMISSION EXPIRE'& JULY 25 2004 SUAGREEMENTBORDINATION STATCountE OF OREGON, ss. yof .......................................... I certify that the within instru- .C-en-tral..Qregon..Radiology.-Asao.c ment was received for record on the PC Money Purchase Pension Plan ............. day of ............................ .... 19 ......... ro it gfi-!ii1iy-Tfa-gf at .............. o'clock .....M., and recorded in T (DON'T U89 TH19 SPACE; RZGERVED book/reel/volume No ............................ on FOR RECORDING S.e.c.ur_i.ty_B.ank ... 14or.t-gage ................... LABEL IN COON. page .......................... or as feeltilelinstru- . . .... . .... .. ...... ....... . .. ...... TIZ8 WHERIE mentlmicrofilmlreception No . ................. . ......................................................................... Record of ....................................................... AFTER RECORDING RETURN TO of said County. Witness my hand and seal of CORA County affixed. 1460 NE Medical Center Drive Bend OR 97701 NAME TITLE lei BY .............................. ....................... DepUt C: it 3C Grantor: AKY BOILEAU Grantee: JANICE E. LA CHAPELLE 133 SE DORRIE CT., BEND OR 97702 ------------------------------------ ------------------------------------ AFTER RECORDING RETURN TO: CRANTEE ABOVE COUNTY OFFICIAL MARYHSUE SPENNOLLOW, COUNTYRCLERKS 201.4780 01111[1111111I�I���111111�������111 $36,00 09/28/1001 02:34,10 PM D -D Cnitei St,nr•2 TRACY $10.00 $11.00 $10,00 $5.00 Records($ by AmeriTitle as an accommodation only. No liability is accepted for the condition of BARGAIN AND SALE DEED Or affect of this document. KNOW ALL MEN BY THESE PRESENTS, That AMY BOIL herein called grantor, for the consideration herein stated, does hereby grant, bargain, sell and convey unto .IAMTrF F_ T.A l_RAPFT.T.F herein called grantee, and unto grantee's heirs, successors and assigns all of that certain real property with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in the County of DESCERIM , State of Oregon, described as follows, to wit: THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST • PRACTICES AS DEFINED IN ORS 30.930. To Have and to_,,Uold...the._samt, unto the said grantee and grantee's heirs, successors and assigns forever. The true actual consideration paid this tra stS'i'e in terms of dollar., $ correct nrooerty line. Howeve , the actual consideration consi of or includes other property or value gi n or promised which ig .1 e-•t3Fole / part of the consideration. In construe g–ttYr--9e_e_C-and where the context so requires, the singluar includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In itn ss Whereof, the grantor has executed this instrument this /�,_ day of '�; if a corporate grantor, it has caused its name to signed and its seal affixed by an officer or other person duly author- ized to do so by order of its board of directors. Tax statements shall be mailed to: GRANTEE ABOVE X AMY STATE OF CREGCN COUNTY OF Personally appeared the above named AMY BOILEAIJ and acknowledged the foregoing instrument to be her voluntary act. • OFFICIALSEAL Before me: GLENDA CRUZ NOTARY PUBLIC -OREGON COMMISSION NO. 322702No ry Public for MY COMMISSION EXPIRES APR. 20, 2003 My commission expires cL-do.iW� (seal) —r After recording, return U ArneriTitle F, OBE -.ON AVENUE, SENT • EXHIBIT "A" Amy Boileau To Janice LaChapelle A portion of Lot 14, Renwick Acres, a duly recorded subdivision in Deschutes County, Oregon, being more particularly described as follows: Beginning at the Northwesterly corner of said Lot 14; thence along the Northerly boundary of said Lot 14, South 61 °01'44" East 117.81 feet; thence North 69°27'33" West 24.62 feet; thence North 67°44'33" West 15.95 feet; thence North 65°08'53" West 71.45 feet to the Westerly boundary of said Lot 14; thence along said boundary 12.37 feet along the arc of a 95.00 foot radius curve right, of which the chord bears North 01'56'17" West 12.36 feet to the point of beginning. • Containing 741 square feet more or less. • C:\My Documents\5226 Ex A 08-08-01.rtf Sun Country Engineering & Surveying, Inc. S4N; RTHY BO88/E✓. MER/TT /CE PRES/DENT, ERC/AL LOAN DMS/ON .:.......... D UMBOLDT awK pl�fFt- ` v ai C WI.EDGMEN'T WES ATEOf auNrroFy' Furl" D \s�.OPMENT4 `' o •r>� f1 F 3 G/N EFOREGOIMG••/N$77?UMENTWAS ACKVOWLEDGED BEAMEME5YDA1//D E SROWN, NG--f/RST DULYSWORN,WHO DID S4Y7NAT HENS THE PRES/DENT OFDOUBLE 8 ; . nt F.NT, INC. AND ACKNOWLEDGED S ID /NS7RUMENT TO BE /!'S I/OLUNTARYACT C/7YOA N/ DEED ON MIS 30-t:S , DAYOF 2WZo CURVE TABLE ; T t •. Cti V tic JE IN DESC COUNTY i I5V.U0 25.42' 25.4 NO 2 COMMI� 256b3i S/GNA77JRES 8 77r/E C BCJ.C30' 25.48 25.46'2E _ MYComDED/C.gT/ON DEH 29.60 N04 , 1 _ 21 g; N04°26'4 I "E 060gyp " . I r).(k7 _ ,}• _ 06'38" ' 2 V 5' 2 C1.4S. 554°39'59"E 100 1732" ; l=+UUa • I . �6' N05004'22"E 09°25'A8" E PDQ' FOREGOING /N5'�PUMENT W.4SACKNOWl.EDGED SEFOREME SYMAR/ON V BROWN, , ,. ,MDj UM G f/RST'DUGYSWORN, WHO D/D Sr4YTHATSHE /S'THE vIcE PRES/UENT Of DOUBLE B , LOPMENT, /NC. -AAVACl0V0WtWGED SAID /NSTMUMENT TO BEYTS' 1/OLUNTARYACT /H CERn)+ mAT /� 3 C. 'cDAYOF _.. , PIAT FPAUL/,*A PEA LINE." 6EAJINQ I5 NC 1 JENNIFER BUCWIO L2 23'04°E 4b.G�, NOTARYPusuc-CAUPORMA + W/LL/AMP.COUSCH HUM IBOLDT #125 } It -3 N08°29`42°i~ 14.c t My Comm. Exp. M8 -14-13.2M -- ACA0.9T J MONUMENTA17�m Of / AS P& AFFIDAwrOf W WOW. L7 �OJ'4Q UZI. L9 N j �.j U41 f 00 ' ' (— ❑ — — — ........._ -- DESCHUTESCOUNTYS �PiI®fiml / a A0, AI�WLEDGED SEFOREME BIY _ _ _ -_ ,_. 0DIDSAYMATSHEIS%1 I%fC ENT F AfBO � fNIE�AAV ACK*0WLEDi�'E M)V /NSMAWEArr ` CT - -Ti!/✓ 4", "tj(- , DAYOF. •00' 2%` .2002. \ I (�REGISTERED FUTU F DEVELOPMENT ` ( PROFESSIONAL �\ � LAND SU*VEY 't JENNIFER BUDWIQ TARY NOTARY PUBLIC • CALIFORNIA • COMMISSION +61255633 • HUMBOLDT COUNTY My'Comm. Exp. March 13, 2004 t �5 OREGON z WI WAM P. Co7tl - P. CoussGH, OREGONREG/S PROFESS/OVAL LAND SURVEYOR NO 654'9 caLto Jul 19, 9s!, i t.°: .Gd "FY TH/S AMAR TO SEAN Cr COPY OF SHEET 1 OF PAUUNA PEAKS 9 IEXP. 12/31 03 d+,.2. �+�.' 1. i UtlJtli �! :f: ^1e �i iu (• i c�C,2-U 1 1 i'_; I � {<'.`;t f � /LUAMP..COUSCH c.i-. _,o,,U, of .DAr6,,( le,—MMOUs. LI I • California Business Portal - 2002 Notary Public Handbook Page 1 of 1 Notary Seal Back to the Table of Contents Each notary public is required to have and to use a seal. The seal must be kept in a locked and secured area, under the direct and exclusive control of the notary and must not be surrendered to an employer upon termination of employment, whether or not the employer paid for the seal, or to any other person. Because of the legal requirement that the seal be photographically reproducible, the rubber stamp seal has become all but universal; however, notaries may also use an embosser seal in addition to the rubber stamp. The legal requirements for a seal are shown below. (Government Code Section 8207) 1. It is photographically reproducible when it is affixed to a document. 2. It contains the State Seal and the words "Notary Public." 3. It contains the name of the notary public as shown on the commission. 4. It contains the name of the county where the oath of office and notary bond are on file. 5. It contains the expiration date of the notary public commission. 6. It contains the sequential identification number assigned to the notary as well as the identification number assigned to the manufacturer or vendor for every seal or stamp manufactured on or after January 1, 1992. 7. The seal has a serrated or milled edged border. Many documents that are acknowledged may later be recorded. A document may not be accepted by the recorder if the notary seal is illegible. Notaries are cautioned to take care that the notary stamp leaves a clear impression. All the elements must be easily discernible. The seal should not be placed over signatures or any printed matter on the document. An illegible or improperly placed seal may result in rejection of the document for recordation and result in inconveniences and extra expenses for all those involved. The law allows only one condition under which a notary may authenticate an official act without using an official notary seal. Because subdivision maps are usually drawn on a material that will not accept standard stamp pad ink and other acceptable inks are not as readily available, acknowledgments for California subdivision map certificates may be notarized without the official seal. The notary's name, the county of the notary's principal place of business, and the commission expiration date must be typed or printed below the notary's signature on the acknowledgment. (Government Code Section 66436(c)) http://www. ss.ca. gov/business/notary/notary_2002hdbk.htm 11/7/2002 Nov 07 02 12:30p REINHARDT CONST, LLC 541-593-7722 p.1 REINH.A.RDT CONSTRUCTION & DESIGN, LLC CCBOWW2 P.O. BOX 4685 SUNRIVER, OR 97707 PHONE (541) 593-8574 (541) 536-3300 FAX (541) 593-7722 (541) 536-2507 FACSIMILE COVER LETTER TOTAL NUMBER OF PAGES: 7 INCLUDING THIS PAGE DATE: November 7, 2002 TO: Jeff COMPANY: County clerks office FAX #: 389-6830 PHONE #: 0 RE: Paulina Peaks FROM: Tia Reinhardt COMMENTS: This should be what you are looking for regarding the ink color on the mylars. This states opaque ink and it also states that you do not necessarily need the stamp, just the signature. Please call me after you have reviewed it and let me know if this is ok. Thanks, Tia 593-8574 REINHARDT CONST & DESIGN, LLC. IF YOU HAVE NOT RECEIVED ALL PAGES OR IF YOU HAVE ANY QUESTIONS, PLEASE CALL OUR OFFICE AT THE ABOVE LISTED PHONE NUMBER 0 0 Nov 07 02 12:30p REINHARDT CONST, LLC CA Codes (gov:66433-66443) GOVERNMENT CODE SECTION 66433-66443 541-593-7722 p.2 rage i ul v �I -t0 8-3�0 66433. The content and form of final maps shall be governed by the provisions of this article. 66434. The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following provisions: (a) It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (b) The size of each sheet shall be 18 by 26 inches or 460 by 660 millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch or 025 millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. (c) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing on the map shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and any information which may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries. (d) Each parcel shall be numbered or lettered and each block may be numbered or lettered. Each street shall be named or otherwise designated. The subdivision number shall be shown together with the description of the real property being subdivided. (e) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. If the map includes a "designated remainder" parcel, and the gross area of the "designated remainder" parcel or similar parcel is five acres or more, that remainder parcel need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel. A parcel designated as "not a part" shall be deemed to be a "designated remainder" for purposes of this section. (f) On and after January 1, 1987, no additional requirements shall be included that do not affect record title interests. However, the map shall contain a notation or reference to additional information required by a local ordinance adopted pursuant to Section 66434.2. (g) Any public streets or public easements to be left in effect after the subdivision shall be adequately delineated on the map. The http://www.leginfo.co-govlcgi-binldisplayeode?section=gov&group=66001-67000&file=6... 11/7/2002 Nov 07 02 12:31p REINHARDT CONST, LLC 541-593-7722 p.3 UA Uodes (gov:bb4dS-bb443) raga L. ui v filing of the final map shall constitute abandonment of all public • streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment. No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment. 66434.1. In the event that an owner's development lien has been created pursuant to the provisions of Article 2.5 (commencing with Section 17430) of Chapter 4 of Part 10.5 of the Education Code on the real property or portion thereof subject to the final map, a notice shall be placed on the face of the final map specifically referencing the book and page in the county recorder's office in which the resolution creating the owner's development lien was recorded. The notice shall state that the property subdivided is subject to an owner's development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner's development lien on a per acre or portion thereof basis. • 66434.2. (a) on or after January 1, 1987, a city or county may, by ordinance, require additional information to be filed or recorded simultaneously with a final or parcel map. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final or parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet. (b) Additional survey and map information may include, but need not be limited to: building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites. 66434.5. When a soils report, geologic report, or soils and geologic report has been prepared specifically for the subdivision, each report shall be kept on file for public inspection by the city or county having jurisdiction. 66435. Prior to filing, those certificates, statements, and acknowledgments set forth in this article shall appear on the final map and may be combined where appropriate. • http://www.leginfo.ca.gov/cgi-bin/displaveode?section=gov&group=66001-67000&file=6... i 1/7/2002 Nov 07 02 12:31p REINHHRDT CONST, LLC 541-593-7722 p.4 CA Codes (gov:66433-66443) ` Page 3 of 6 66435.2. Notwithstanding any other provision of this article, local agencies may require that those certificates, statements, and acknowledgments required by Sections 66436 and 66443, be made by separate instrument to be recorded concurrently with the final map being filed for record. 66435.2. Whenever a certificate, statement, or acknowledgment is made by separate instrument, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the county recorder pursuant to Section 66468.1. 66436. (a) A statement, signed and acknowledged by all parties having any record title interest in the subdivided real property, consenting to the preparation and recordation of the final map is required, except in the following circumstances: (1) A lien for state, county, municipal, or local taxes or special assessments, a trust interest under bond indentures, or mechanics' liens do not constitute a record title interest in land for the purpose of this chapter or any local ordinance. (2) The signature of either the holder of beneficial interests under trust deeds or the trustee under the trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map. • (3) Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map: (A) (i) Rights-of-way, easements or other interests which cannot ripen into a fee, except those owned by a public entity, public utility, or subsidiary of a public utility for conveyance to the public utility for rights-of-way. If, however, the legislative body or advisory agency determines that division and development of the property in the manner set forth on the approved or conditionally approved tentative map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement, the signature of the public entity or public utility may be omitted. Where that determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section, to any public entity or public utility which has previously acquired a right-of-way or easement. (ii) If the public entity or utility objects to either recording the final map without its signature or the determination of the legislative body or advisory agency that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the legislative body or advisory agency within 30 days after receipt of the materials from the subdivider. (iii) If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within 30 days of filing its objection with the legislative body or advisory agency. (iv) If the public entity or utility either does not file an • objection with the legislative body or advisory agency or fails to affix its signature within 30 days of filing its objection to http://www.leginfo.ca.gov/cgi-bin/displayeode?section--gov&group=66001-67000&fife=6... 11/7/2002 Nov 07 02 12:31p REINHRRDT _CONST, LLC 541-593-7722 p.5 CA Codes (gov:66433-66443) ` Page 4 of 6 recording the map without its signature, the local agency may record • the final map without the signature. (v) If the public entity or utility files an objection to the determination of the legislative body or advisory agency that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easement, the legislative body or advisory agency shall set the matter for public hearing to be held not less than 10 nor more than 30 days of receipt of the objection. At the hearing, the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement. (vi) If the legislative body or advisory agency finds, following the hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, it shall set forth those conditions whereby the unreasonable interference will be eliminated and upon compliance with those conditions by the subdivider, the final map may be recorded with or without the signature of the objector. If the legislative body or advisory agency finds that the development and division will in fact not unreasonably interfere with the free and complete exercise of the objector's right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding the objections. (vii) Failure of the public entity or public utility to file an objection pursuant to this section shall in no way affect its rights under a right-of-way or easement. (viii) No fee shall be charged by a public entity, public utility, subsidiary of a public utility, or objector for signing, omitting a signature, or objecting pursuant to this section. (B) Rights-of-way, easements, or reversions, which by reason of changed conditions, long disuse, or laches appear to be no longer of practical use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map. (C) Interests in, or rights to, minerals, including but not limited to, oil, gas, or other hydrocarbon substances. (4) Real property originally patented by the United States or by the State of California, which original patent reserved interest to either or both of those entities, may be included in the final map without the consent of the United States or the State of California to the map or to dedications made by it. (b) No monetary liability shall be incurred by, and no cause of action shall arise against, a local agency, a party, the subdivider, the subdivider's agent, or the engineer or land surveyor who prepared the map, on account of the omission of any signature, which omission is authorized by this section. (c) A notary acknowledgment shall be deemed complete for recording without the official seal of the notary, so long as the name of the notary, the county of the notary's principal place of business, and the notary's commission expiration date are typed or printed below or immediately adjacent to the notary's signature in the acknowledgment. 66439. (a) Dedications of, or offers to dedicate interests in, real property for specified public purposes shall be made by a statement • on the final map, signed and acknowledged by those parties having any record title interest in the real property being subdivided, subject http://www.leginfo.ca.gov/cgi-bin/displayeode?section=gov&group=66001-67000&file=6... 11/7/2002 • Nov 07 02 12:32p REINHARDT CONST, LLC 541-593-7722 CA Codes(gov:66433-66443) ` to the provisions of Section 66436. • (b) In the event any street shown on a final map is not offered for dedication, the statement may contain a declaration to this effect. If the statement appears on the final map and if the map is approved by the legislative body, the use of the street or streets by the public shall be permissive only. (c) An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under the real property unless, and only to the extent that, an intent to dedicate the facilities is expressly declared in the statement. 66440. The final map shall contain a certificate or statement for execution by the clerk of each approving legislative body stating that the body approved the map and accepted, accepted subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. 66441. A statement by the engineer or surveyor responsible for the survey and final map is required. His or her statement shall give the date of the survey, state that the survey and final map were made by him or her or under his or her direction, and that the survey is true and complete as shown. The statement shall also state that all the monuments are of the • character and occupy the positions indicated, or that they will be set in those positions on or before a specified later date. The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. 66442. (a) If a subdivision for which a final map is required lies within an unincorporated area, a certificate or statement by the county surveyor is required. If a subdivision lies within a city, a certificate or statement by the city engineer or city surveyor is required. The appropriate official shall sign, date, and, below or immediately adjacent to the signature, indicate his or her registration or license number with expiration date and state that: (1) He or she has examined the map. (2) The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof. (3) All provisions of this chapter and of any local ordinances applicable at the time of approval of the tentative map have been complied with. (4) He or she is satisfied that the map is technically correct. (b) City or county engineers registered as civil engineers after January 1, 1982, shall only be qualified to certify the statements of paragraphs (1), (2), and (3) of subdivision (a). The statement specified in paragraph (4) shall only be certified by a person authorized to practice land surveying pursuant to the Professional Land Surveyors' Act (Chapter 15 (commencing with Section 6700) of Division 3 of the Business and Professions Code) or a person registered as a civil engineer prior to January 1, 1982, pursuant to the Professional Engineers' Act (Chapter 7 (commencing with Section h4:llwww.leginfo. ca. govlcgi-binldi splaycode? section=gov&group=66001-67000&file=6.. . p.6 Page 5 of 6 1117/2= Nov 07 02 12:32p REINHRRDT `CONST, LLC 541-593-7722 p.7 CA Codes (gov:66433-66445) ` rage o 010 6700) of Division 3 of the Business and Professions Code). The • county surveyor, the city surveyor, or the city engineer, as the case may be, or other public official or employee qualified and authorized to perform the functions of one of those officials, shall complete and file with his or her legislative body his or her certificate or statement, as required by this section, within 20 days from the time the final map is submitted to him or her by the subdivider for approval. 0 • 66442.5. The following statements shall appear on a final map: (a) Engineer's (surveyor's) statement: This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) on (date). I hereby state that this final map substantially conforms to the conditionally approved tentative map. (Signed) R.C.E. (or Z.S.) No. (b) Recorder's certificate or statement. Filed this day of , 20_, at m. in Book of , at page , at the request of Signed County Recorder 66443. In addition to the certificates, statements, and acknowledgments required herein for final maps, the maps shall contain other certificates and acknowledgments as are required by local ordinance. http://www.leginfo.ca.gov/cgi-binldisplaycode? section=gov&group=66001-67000&file=6... 11/7/2002 P. 01 TRANSACTION REPORT NOV-07-02 THU 12:32 PM �c RECEIVE DATE START SENDER RX TIME PAGES TYPE NOTE M# DP X NOV-07 12:29 PM 541 593 7722 3'48" 7 RECEIVE OK 0 0 n U 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ASSISTED LIVING CONCEPTS, INC. 11835 NE Glenn Widing Drive, Building E Portland, Oregon 97220 Attention: Sandra Campbell, Esq. DESMTES COUNTY OFFICIAL RECORDS MARY 51,1E PENHOLL01f, COUNTY CLERKZ'�YJD� M40 Cnta3 Stna3i JEFF $30.00 $13.00 $30.00 $5.00 12/16=2 01:38:14 PM ASSISTED LIVING CONCEPTS, INC., dba AWBREY HOUSE MODIFICATION AND AMENDMENT TO LOAN AGREEMENT DATED MARCH 5, 1996 On March 5, 1996, Assisted Living Concepts, Inc., dba Awbrey House, 2825 Neff Road, Bend, Oregon 97701 ("Borrower") and Oregon Housing and Community Services Department ("Department") entered Into a Loan Agreement record in Deschutes County, Oregon by Memorandum of Loan Agreement on March 7,1996 as Document Number 96.08591. Section 11 — Negative Covenants of the Borrower of the Loan Agreement states: Borrower covenants and agrees that it shall not, without express prior written approval of the Department: Subsection (d) states: "Requires, as a condition of the occupancy or leasing of any unit in the Project, any consideration or deposit other than the prepayment of the first month's rent plus a refundable security deposit in an amount approved by the Department not in excess of $150." It is hereby mutually agreed that Section 11 (d) of said Loan Agreement shall be superseded and replaced as follows: "Requires, as a condition of the occupancy or leasing of any unit in the Project, any consideration or deposit other than the prepayment of the first month's rent plus a refundable security deposit in an amount approved by the Department not in excess of: $350 as a refundable security deposit $100 as a non-refundable application fee $100 as a non-refundable cleaning fee $150 as a refundable pet deposit (If applicable) $20 as a non-refundable key deposit for keys provided $5 as a refundable laundry bag deposit. Except as modified and amended herein, the Loan Agreement shall remain in full force and effect. This Modification and Amendment is dated this 10 day of apA .2002 Borrower: Assisted g Con !ZZ, � By: _ Dr v Q Miller Sr. VP, CFO, Treasurer R1^()R09 AY WCS'rF;i ; � E -•c;W rh 95-31091 OREGON HOUSING AND COMMUNITY SERVICES STATE OF OREGON LOAN AGREEMENT 383 I" 'ARTM 4T THIS LOAN AGREEMENT ("Loan Agreement") is made this 31 day of August , 19 95 , by and between Assisted Living Facilities, Inc., a for profit corporation, having its principal office as 333 SW 5th Avenue, Suite #201, Portland, OR .97204 (hereinafter referred to as "Borrower"), and the State of Oregon, acting by and through the Oregon Housing and Community Services Department, having its principal office at 1600 State Street, Salem, Oregon 97310 (hereinafter referred to as "the Department"). RECITALS: Borrower has requested the Department to make a loan to Borrower in the principal amount of ONE MILLION EIGHT HUNDRED EIGHTY FOUR THOUSAND SEVEN HUNDRED SEVENTY TWO 00/100 Dollars ($1,884,772.00) for the long-term financing of a housing project for elderly and disabled persons, The Department is willing to make this loan on the terms and conditions of this Loan Agreement. Accordingly, the parties agree as follows: As used in this Loan Agreement, the following terms shall have ilio following meanings., (a) "AGI" shall mean ORS 456.515 TO 456.720, as amended, which were in effect when the loan closed. e " I (b) "Directo shall mean the chief administrative officer of the Oregon Housing and 1 i Community Services Department appointed pursuant to ORS 456.554. e i t r, t t R1^()R09 AY WCS'rF;i ; � E -•c;W rh 95-31091 OREGON HOUSING AND COMMUNITY SERVICES STATE OF OREGON LOAN AGREEMENT 383 I" 'ARTM 4T THIS LOAN AGREEMENT ("Loan Agreement") is made this 31 day of August , 19 95 , by and between Assisted Living Facilities, Inc., a for profit corporation, having its principal office as 333 SW 5th Avenue, Suite #201, Portland, OR .97204 (hereinafter referred to as "Borrower"), and the State of Oregon, acting by and through the Oregon Housing and Community Services Department, having its principal office at 1600 State Street, Salem, Oregon 97310 (hereinafter referred to as "the Department"). RECITALS: Borrower has requested the Department to make a loan to Borrower in the principal amount of ONE MILLION EIGHT HUNDRED EIGHTY FOUR THOUSAND SEVEN HUNDRED SEVENTY TWO 00/100 Dollars ($1,884,772.00) for the long-term financing of a housing project for elderly and disabled persons, The Department is willing to make this loan on the terms and conditions of this Loan Agreement. Accordingly, the parties agree as follows: As used in this Loan Agreement, the following terms shall have ilio following meanings., (a) "AGI" shall mean ORS 456.515 TO 456.720, as amended, which were in effect when the loan closed. stF: " (b) "Directo shall mean the chief administrative officer of the Oregon Housing and 1 Community Services Department appointed pursuant to ORS 456.554. r (c) "Allncahle Portion" shall mean an amount equal to the ratio of the total principal amount of the Loan to the aggregate principal amount of all loans made from the proceeds of the Bonds, qN (d) • "Bonds" shall mean the State of Oregon, General Obligation Elderly and Disabled Housing Bonds, 1994 Series B (Private Activity) Elderly and Disabled Bond Issue. f LOAN AGREEMENT Brookside House r r t ,t,; .9�+,>.t +�k t nt,. :2^- =4, < „t q•c°f�'".i*g1^V'i� 4' - ''RfrfiE'rr ,r �� •� ���ty�' 1.t4���. y ��� i ;'``-tom <S `• rYw4ML s} ' ��QQQ�fff��'�'�j'ri � •�' .W'% rf Yl 1 � I r • A , d,r 1 ,fir t 4�'yt#f: f'/ ,, �i,�,t a , ` 'f r-4S�• :• 14 .y4F 'i�` �1fp,�s7' $k'1. ` ° 4 '.'"A i �3 �� �Jn l}� �.; f ..? ♦'! stF: • -BEND METRO PARK AND RECREATION DISTRICT OYOrdinance No. 6 - System Development Charges n U 1] THE BEND METRO PARK AND RECREATION DISTRICT ORDAINS AS FOLLOWS: SECTION 1. PURPOSE AND SCOPE A. Future growth within the Bend Metro Park and Recreation District (District) should contribute its fair share to the cost of improvements and additions to parks and recreation facilities needed to accommodate such growth. B. System development charges will provide a source of revenue to finance the construction or improvement of the District's park and recreation facilities necessitated by growth. C. ORS 223.297 — 223.314 authorize local governments, including special districts, to impose system development charges for parks and recreation. D. This Ordinance is intended to be a financing mechanism for parks and recr(. -)n facilities necessitated by new development and for reimbursement for unu: capacity in existing facilities that is available for use by future residents. SECTION 2. DEFINITIONS A. "Accessory dwelling unit" shall mean a second dwelling unit created on a with a single-family dwelling unit, whether created at the same time as or subsequent to construction of the single family dwelling. The second unit Is created auxiliary to and is always smaller than the primary single family dwelling unit. B. "Applicant" shall mean the owner or other person, including any business or corporation, who applies for a residential building or placement permit from the City of Bend or Deschutes County for development within the boundaries of the District. C. "Building" shall mean any structure built and maintained for the support, shelter or enclosure of persons or property of any kind. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a building perj D. "Building Permit" shall mean an official perry of Bend or Deschutes County authorizing the building. COGAN OWENS COGAN IS A LIMITED O ee- too -4 &4- (9- e . reati; sed lot • E. "Capital Improvements" shall mean public facilities or assets used for parks and recreation. F. "Citizen or Other Interested Person" shall mean any person whose legal residence is within the boundaries of the District, as evidenced by registration as a voter within the District or by other proof of residency; or a person who owns, occupies, or otherwise has an interest in real property which is located within District boundaries or is otherwise subject to the imposition of system development charges, as outlined in Section 3 of this ordinance. G. "District" shall mean the Bend Metropolitan Park and Recreation District, an Oregon municipal corporation. H. "District Board" shall mean the duly elected Board of Directors of the Bend Metropolitan Park and Recreation District. I. "Duplex" shall mean a building designed or used for residence purposes by not more than two families and containing two dwelling units. J. "Executive Director" shall mean the chief executive officer of the Bend Metropolitan Park and Recreation District. • K. "Hotel or motel" shall mean a building, group of buildings, or portion thereof designed or used for occupancy of individuals who are lodged with or without meals. The definition shall include but not be limited to buildings or groups of buildings designed, intended, or used primarily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motor courts, motor hotels or similar designations. Condominiums are excluded from this definition. L. "Improvement Fee" shall mean a fee for costs associated with capital improvements to be constructed after the effective date of this ordinance. M. "Manufactured Housing" shall mean a dwelling unit that is constructed primarily at one location and is then transported to another location for either permanent or temporary siting. N. "Methodology" shall mean the system development charge methodology required by ORS 223.304(1) and (2). Methodology is defined further in Section 4. O. "Multi -family dwelling" shall mean a building or portion thereof designed or used as a residence by three or more families and containing three or more dwelling units. 2 P. "Owner" shall mean the owner or owners of record of real property as shown on the tax rolls of Deschutes County, or a person purchasing a piece of property under contract. For the purposes of this ordinance in terms of violations and binding agreements between the District and the owner, the "owner" shall also mean the leaseholder, tenant or other person in possession or control of the premises or property at the time of the agreement or violation of agreement or the provisions of the ordinance. Q. "Parcel of Land" shall mean a lot, parcel, block or other tract of land that, in accordance with city or county regulations, is occupied or may be occupied by a structure or structures or other use, and that includes the yards and other open spaces required under the zoning, subdivision, or other development ordinances. R. "Qualified Public Improvement" shall be defined as a capital improvement that is: a)_ Required as a condition of development approval; b) Identified in the plan adopted pursuant to section 5 of this ordinance; and either is: 1) Not located on or contiguous to a parcel of land that is the subject of the . development approval; or 2) Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related. c) For purposes of this definition, contiguous means in a public way which abuts the parcel. d) Approved/ accepted by the District. S. "Reimbursement Fee" shall be defined as a fee associated with available capacity in the system that has already been paid for by existing residents for the benefit of future residents. The reimbursement fee would be repaid to the District to compensate existing residents for excess capacity. T. "Residential development" subject to SDCs shall mean all improvements on a site, including buildings and other structures which have the effect of increasing the usage of any capital improvements or which may contribute to the need for additional or enlarged capital improvements specific to the ordinance or SDCs being enacted. 3 U. "Single-family dwelling" shall mean a building designed or used for residential purposes by not more than one family and containing one dwelling unit only, including Class A manufactured homes and condominiums, excluding such temporary structures as tents, teepes, travel trailers, and other similar uses. V. "System Development Charge" shall mean a reimbursement fee and/or an improvement fee assessed or collected at the time of the issuance of a placement or building permit. SECTION 3. SYSTEM DEVELOPMENT CHARGE FRAMEWORK A. A Parks and Recreation System Development Charge is hereby imposed upon all new residential dwelling units, including single-family, multi -family, duplexes, motels and hotels, within the District for which a building permit or placement permit is required. This shall include new construction and alteration of dwelling units, and expansion or replacement of a dwelling unit if such alteration expansion or replacement results in an increase in the number of dwelling units compared to the existing number of dwelling units in the development. For alterations, expansions and replacements, the amount of the system development charge to be paid shall be the difference between the rate for the proposed development and the rate that would be imposed for the development prior to the alteration, expansion or replacement. B. System development charge fees, related capital improvement projects, administrative review procedures and other implementing measures related to this ordinance shall be established, and may be revised from time to time, by separate resolution(s) of the District. A change in implementing procedures, fees, qualified projects and the like shall not require an amendment to the enabling ordinance or SDC methodology. C. The system development charges imposed by this ordinance are separate from and in addition to any applicable tax, assessment, charge or fee otherwise provided by law or imposed as a condition of development. SECTION 4. METHODOLOGY A. The methodology used to establish or modify the reimbursement fee shall consider the cost of then -existing facilities including without limitation design, financing and construction costs, prior contributions by then -existing property owners, gifts or grants from federal, state, municipal or quasi -municipal government or private persons, the value of unused capacity available to future system users, rate -making principles employed to finance publicly owned capital Is improvements, and other relevant factors identified by the District Board. The 4 methodology shall promote the objective that future systems users shall . contribute no more than an equitable share of the cost of then -existing facilities. B. The methodology used to establish or modify the improvement fee also shall consider the estimated cost of projected capital improvements needed to increase the capacity of the systems to which the fee is related. The methodology shall be calculated to obtain the cost of capital improvements for the projected need for future system users. C. The methodology used to establish or modify the improvement fee or the reimbursement fee, or both, shall be contained in a resolution adopted by the District Board. The methodology described in the accompanying resolution, "A Methodology for Calculating_ Systems Development Charges" and its assumptions, conclusions and findings are herein adopted by reference to this ordinance. SECTION 5. EXPENDITURES A. The District shall establish separate accounts for each type of system development charge, i.e., reimbursement and improvement fees, which shall be maintained apart from all other accounts of the District. All system development charge payments shall be deposited in the appropriate account immediately • upon receipt. B. Reimbursement fees shall be applied only to capital improvements associated with the systems for which the fees are assessed, including expenditures relating to repayment of indebtedness. C. Improvement fees shall be applied only to capacity -increasing capital improvement, including expenditures relating to repayment of future debt for the improvements. An increase in system capacity occurs if a capital improvement increases the level of performance or service provided by existing facilities or provides new facilities. The portion of the capital improvements funded by improvement fees shall be related to demands created by development. A capital improvement being funded wholly or in part from revenues derived from the improvement fee shall be included in the Capital Improvement Plan adopted by the District. D. Notwithstanding subsections B and C of this section, system development charge revenues may also be expended on the direct costs of complying with the provisions of this ordinance and related state regulations, including, but not limited to, the costs of developing system development charge methodologies and providing an annual accounting system for development charge 40 expenditures. E . E. The monies deposited in the above accounts shall be used solely for qualified public improvements as allowed by ORS 223 including, but not limited to: 1. design and construction plan preparation; 2. permitting and fees; 3. land and materials acquisition, including any costs of acquisition or condemnation; 4. construction of capital improvements; 5. site preparation and grading and the design and construction of new drainage facilities required by the construction of capital improvements and structures; 6. relocating utilities required by the construction of improvements; 7. landscaping; 8. construction management and inspection; 9. surveying, soils and material testing; • 10. acquisition of capital equipment; 11. repayment of monies transferred or borrowed from any budgetary fund of the District which were used to fund any of the capital improvements as herein provided; 12. payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the District to fund adopted capital improvements; 13. direct costs of complying with the provisions of ORS 223 including the consulting, legal, and administrative costs required for developing and updating the system development charges methodology report, resolution/ ordinance, and capital improvements plan; and the costs of collecting and accounting for system development charges expenditures. F. Funds on deposit in system development charge accounts shall not be used for: 1. any expenditure that would be classified as a maintenance or repair expense; or 0 • 2. costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements. G. Any capital improvement being funded wholly or in part with system development charges revenue shall be included in the District's capital improvement plan. The capital improvement plan may be modified at any time and shall: 1. list the specific capital improvement projects that may be funded with system development charges revenue; 2. provide the estimated cost of each capital improvement project, 3. provide the estimated timing of each capital improvement project; and 4. be updated at least once every three years. H. Any funds on deposit in system development charge accounts that are not immediately necessary for expenditure shall be invested or deposited in an interest-bearing account by the District. All income or interest derived from such investments shall be deposited in the system development charges trust accounts and used as provided therein. I. The District shall prepare an annual accounting report for system development charges, including the total amount of system development charge revenue collected in the accounts, and capital improvement projects that were funded. J. Any citizen or other interested person may challenge an expenditure of system development charges revenues. 1. Such challenge shall be submitted, in writing, to the Executive Director for review within two years following the subject expenditure, and shall include the following information: a. The name and address of the citizen or other interested person challenging the expenditures; b. The amount of the expenditure, the project, payee or purpose, and the approximate date on which it was made; and c. The reason why the expenditure is being challenged. 2. If the Executive Director determines that the expenditure was not made in accordance with the provisions of this ordinance and other relevant laws, a . reimbursement of system development charge account revenues from other ri • revenue sources shall be made within one year following the determination that the expenditures were not appropriate. 3. The Executive Director shall make written notification of the results of the expenditure review to the citizen or other interested person who requested the review within ten (10) days of completion of the review. SECTION 6. COLLECTIONS A. The Parks and Recreation System Development Charge shall be due and payable at the time of issuance of a building permit or placement permit for any residential development as defined in this ordinance, including single-family residential, multi -family residential, manufactured housing development and hotels/motels. The required fee(s) will based on the rates in effect on the date that the building permit application is submitted. The SDC methodology referenced in this ordinance establishes fees for each type of development. Responsibility for collecting charges may be delegated to the City of Bend and/or Deschutes County by intergovernmental agreement. B. If development is commenced without an appropriate permit, the system development charge is immediately payable upon the earliest date that a permit • was required. SECTION 7. EXEMPTIONS Notwithstanding Section 3A, the following development shall be exempt from payment of the Parks and Recreation System Development Charges as defined in this ordinance and supporting or implementing documents: 1. Non-residential development with the exception of hotels and motels as defined in this ordinance. 2. Alterations, expansion or replacement of an existing residential unit where no additional residential unit is created. 3. The construction of accessory buildings or structures which will not create additional residential units and which do not create addition demands on the District's capital facilities. 4. The issuance of a placement permit for a manufactured housing unit on a lot or parcel on which applicable system development charges have previously been paid. 0 • SECTION 8. CREDITS A. The District may grant a credit against the system development charges imposed pursuant to Section 3 for the donation of land for, or for the construction of, any qualified public improvements. B. Prior to issuance of a building permit or placement permit, the applicant shall submit to the Executive Director a proposed plan and estimate of cost for contributions of qualified public improvements. The proposed plan and estimate shall include: 1. a designation of the development for which the proposed plan is being submitted; 2. a legal description of any land proposed to be donated and a written appraisal prepared in conformity with Section 9.E.1.; 3.- a list of the contemplated capital improvements contained within the plan; 4. an estimate of proposed construction costs certified by a professional architect or engineer; and • 5. a proposed time schedule of completion of the proposed plan. C. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit. The amount of credit to be applied shall be determined according to the following conditions: 1. When a development occurs that is subject to a system development charge, the system development charge for the existing use, if applicable, shall be calculated and if it is less than the system development charge for the use that will result from the development, the difference between the system development charge for the existing use and the system development charge for the proposed use shall be the system development charge. If the change in the use results in the system development charge for the proposed use being less than the system development charge for the existing use, no system development charge shall be required. No refund or credit shall be given unless provided for by another subsection of this Section. 2. If a qualified public improvement is located in whole or in part on or contiguous to the property that is the subject of the development approval and is required to be built larger or with greater capacity than is necessary for the particular development project, a credit shall be given for the cost of the portion of the improvement that exceeds the District's minimum standard • facility size or capacity needed to serve the particular development project or 9 property. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under this subsection. The request for credit shall be filed in writing no later than 60 days after acceptance of the improvement by the District. 3. Not withstanding subsections 1 and 2 above, when establishing a methodology for a system development charge, the District may provide for a credit against the improvement fee, the reimbursement fee, or both, for capital improvements constructed as part of the development that reduce the development's demand upon existing capital improvements and/or the need for future capital improvements, or a credit based upon any other rationale the District Board finds reasonable. D. If a donation or construction of a qualified public improvement gives rise to a credit amount greater than the amount of the system development charge that would otherwise be levied against the project receiving development approval, the excess credit may be applied against system development charges that accrue in subsequent phases of the original development project. Any excess credit must be used not later than ten years from the date it is given. E. Calculation of credits will be subject to the following standards: 1. The value of donated lands shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales of similar property between unrelated parties in a bargaining transaction; and 2. The cost of anticipated construction of qualified public improvements shall be based upon cost estimates certified by a professional architect or engineer. F. Upon approval of the District Board, the decision of the Executive Director, as to whether to accept the proposed plan of contribution and the value of such contribution shall be in writing and issued within thirty (30) working days of the date all data is received for review. Notification shall be provided to the applicant via regular mail. G. Any applicant, who submits a proposed plan pursuant to this Section and desires the immediate issuance of a building permit or placement permit, shall pay applicable system development charges. Said payment shall not be construed as a waiver of any credit. Any difference between the amount paid and the amount due, as determined by the Executive Director, shall be refunded to the applicant. In no event shall refund by the District under this subsection exceed the amount originally paid by the applicant. 10 H. The District may, in its sole discretion, grant a credit for land donated for park • and recreational use, which does not otherwise meet the requirements of this section. I. Credits shall not be transferable from one development to another. J. Credits shall be transferable within the same development if a development or portion of it is sold, prior to completion but after development and dedication of qualified public improvements as defined in this ordinance. K. Credits shall not be transferable from one type of system development charge to another. L. Credits shall be used within 10 years from the date the credit is given. SECTION 9. DEVELOPER RECOVERY PROCEDURES AND PAYMENTS A. Upon approval of the District Board, the District may enter into agreements with developers who propose to expand the park system by dedicating and/or constructing park and recreation facilities. These agreements would allow the District to repay the developer for such improvements using a portion the SDCs collected in a designated recovery area. • B. Such facilities may serve the proposed development only (sole recovery area) or the proposed development and areas beyond it (shared recovery area). C. The District Board shall adopt by separate resolution procedures for entering into such agreements. The resolution shall address: 1. Procedures for entering into such agreements. 2. Applicable District, City, and County policies, standards, rules and regulations. I Responsibilities for paying the cost of such improvements. 4. Eligibility for SDC recovery payments. 5. Procedures for determining the extent of the area served by proposed improvements. 6. Procedures for remitting SDCs collected in the sole or shared recovery area to eligible developers. 7. Payment schedules and conditions for SDC recovery fees. 11 8. Procedures for calculating the amount of the recovery fees. • 9. Procedures for determining the value of qualified improvements. SECTIONS 10. REFUNDS, WAIVERS AND DEFERRALS A. Refunds may be given by the Executive Director upon finding that there was a clerical error in the calculation of SDC. B. Refunds shall not be allowed for failure to timely claim credit or for failure to seek an alternative SDC rate calculation in a timely manner at the time of submission of an application for a building permit. C. Procedures for applying for and granting refunds shall be as follows: 1. An applicant or owner shall be eligible to apply for a refund if: a. The building permit or placement has expired and the development authorized by such permit was not commenced; or b. The system development charges have not been expended or encumbered prior to the end of the fiscal year immediately following the tenth anniversary of the date upon which such charges were paid. For the • purposes of this Section, first funds received shall be deemed to be the first funds expended. 2. An application for refund shall be filed with the District and contain the following: a. The name and address of the applicant; b. The location of the property which was the subject of the system development charges; c. A notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the system development charges were paid; including proof of ownership, such as a certified copy of the latest recorded deed; d. The date the system development charges were paid; e. A copy of the receipt of payment for the system development charges; and, if appropriate, f. The date the building permit or placement permit was issued and the date of expiration. 12 3. The application for a refund shall be filed within ninety (90) days of the expiration of the building permit, placement permit, or within ninety (90) days of the end of the fiscal year following the tenth anniversary of the date upon which the system development charges were paid. Failure to timely apply for a refund of the system development charges shall waive any right to a refund. 4. Within thirty (30) days from the date of receipt of a petition for refund, the District will advise the petitioner of the status of the request for refund, and if such request is valid, the system development charges shall be returned to the petitioner. 5. A building permit or placement permit which is subsequently issued for a development on the same property which was the subject of a refund shall pay the systems development charges required by Section 3. SECTION 11. REVIEW OF METHODOLOGY AND RATES A. This ordinance, the system development charges methodology, and the capital improvement plan shall be reviewed by the District Board at least every five (5) years. The review shall consider new estimates of population and other socioeconomic data, changes in the cost of construction and any acquisition, and . adjustments to the assumptions, conclusions or findings set forth in the methodology. The purpose of this review is to evaluate and revise, if necessary, the rates of the system development charges to assure that they do not exceed the actual or reasonably anticipated costs of the District's capital improvements. U B. In the event the review of the ordinance or the methodology alters or changes the assumptions, conclusions and finding of the methodology, or alters or changes the amount of system development charges, the methodology may be amended and updated to reflect the assumptions, conclusions and findings of such reviews. If changes in the methodology are undertaken by the District, the District shall coordinate such changes with the City of Bend and Deschutes County prior to adoption pursuant to Intergovernmental Agreements between Deschutes County and the District and the City of Bend and the District. 13 • SECTION 12. NOTICE A. The District shall maintain a list of persons who have made a written request for notification prior to adoption or modification 'of a methodology for any system development charge. Written notice shall be mailed to persons on the list at least 45 days prior to the first hearing to establish or modify a system development charge. The methodology supporting the system development charge shall be available at least 30 days prior to the first hearing to adopt or amend a system development charge. The failure of a person on the list to receive a notice that was mailed shall not invalidate the action of the District. No legal action intended to contest the methodology shall be filed after 60 days following adoption or modification of the system development charge ordinance or resolution. B. The District may periodically delete names from the list, but at least 30 days prior to removing a name from the list, the District must notify the person whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the notification list. SECTION 13. APPEALS AND REVIEW HEARINGS • A. An applicant who is required to pay system development charges shall have the right to request a hearing to review the denial of any of the following: 1. A proposed credit for contribution of qualified public improvements pursuant to Section 9. 2. Application of the SDC fee methodology and/or adjustments of the SDC rate. B. Such hearing shall be requested by the applicant within thirty (30) days of the date of first receipt of the denial. Failure to request a hearing within the time provided shall be deemed a waiver of such right. C. The request for hearing shall be filed with the Executive Director and shall contain the following: 1. The name and address of the applicant; 2. The legal description of the property in question; 3. If issued, the date the building permit or development permit was issued; 4. A brief description of the nature of the development being undertaken • pursuant to the building or development permit; 14 • 5. If paid, the date the system development charges were paid; and 6. A statement of the reasons why the applicant is requesting review. D. Upon receipt of such request, the District shall schedule a hearing before the District Board at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed. E. Such hearing shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. F. Any applicant who requests a hearing pursuant to this Section and desires the immediate issuance of a building permit or placement permit shall pay prior to or at the time the request for hearing is filed the applicable system development charges pursuant to Section 3B. Said payment shall not be construed as a waiver of any review rights. • G. An applicant may request review under this Section without paying the applicable system development charges as long as no building permit or placement permit has been issued. C7 SECTION 14. SEVERABILITY If any clause, section or provision of this ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 15. EFFECTIVE DATE The charge authorized by this ordinance shall be imposed on building or placement permit applications submitted on or after January 4, 2003 provided, however, that an application presented before that date, for which all necessary prior approvals have not been granted or other required predicates not met shall not be considered submitted for purposes of this section. 15 0 ADOPTED THIS 7 DAY OF )e {�`' , 2002. • 0 Executive Director Metro Park & Recreation District Ron Delaney, Beftfd4air Bend Metro Park & Recreation District OFFICIAL SEAL KERRI S. UYBURN NOTARY PUBLIC -OREGON COMMISSION NO. 327990 t9_00 121 COUNTY DMARYSUEHSFE OLLOW, COUNTYRECORDS N0�'3247 1111 $16,00 06/14/2002 03,13,21 PM • 2 L+LEAEF Cnt,ot Stnw3 JEFF :0.00 $31,00 3 IN THE CIRCUIT COURT OF THE STATE OF OREGON 4 FOR THE COUNTY OF DESCHUTES 5 In the Matter of the Marriage of 6 CHARLES W. TEDROW Case No. OODSO427-AB 7 Petitioner/Counter Respondent NOTICE OF EXTENSION OF 8 and ) TIME TO FORECLOSE ATTORNEY'S LIEN , 9 JOY L. TEDROW ) 10 Respondent/Counter Petitioner. ) 11 12 THE PARTIES hereto by their signatures extend the time for 13 foreclosure of the Attorney Lien executed on June 14, 2002, and filed with the 14 County Clerk at Volume 2001, Page 28338, for one year, pursuant to ORS 15 87.460(3). • 16 DATED this (1^41-k day of June, 2 02. 17 18 MY TEDROW 19 20 DATED this day of June, 2002. 21 22 . TH A A K, OSB # 70025 23 Attorney for Joy Tedrow 24 25 26 F:\WPD0C\T0H\D0M\T6DR0W extontion of lien 6 12 02.wo 1 - NOTICE L. THOMAS CLARK, P.C., OSB No. 70025 ATTORNEY AT LAW V 205 N.W. FRANUIiN BEND, OREGON 97701 TELEPHONE (541) 388.4053 • FAx (541) 382.4297 • • :7 Davis Wright Tremaine LLP ANCHORAGE IlELLEVUE HONOLULU LOS ANGELES NEW YORK CORINNE. D. ENG, PARALEGAL DIRECT (425) 646-6166 cocinneeng@dwt.com September 3, 2002 Deschutes Clerk's Office Deschutes Services Building 1340 NW Wall Street Bend, OR 97701 Re: Verizon Wireless Site Dear Sir/Madam: C LAWYERS c4 Vc/ n PORTLAND SAN FRANCISCO 1800 BELLEVUE PLACE 10500 NE EIGHTH STREET BELLEVUE, WA 98004-4300 BND CENTRAL BEND SEATTLE SHANGHAI WASHINGTON, D.C. TEL (425) 646-6100 FAX (425) 646-6199 www.dwt.com Enclosed herewith for recording in Deschutes County is the original Memorandum of Site Agreement for the above -referenced site, along with a check in the amount of $71.00 to cover your recording fees. Please record the original Memorandum, then return the recorded document to Verizon Wireless, Attn: Anna Lee, 5430 NE 122°a Avenue, Portland, OR 97230. Thank you for your assistance and cooperation in recording this document in a timely manner. Should you have any questions or comments, please do not hesitate to contact me at (425) 646-6166. Very truly yours, Davis Wright Tremaine LLP Corinne D. Eng Paralegal Enclosures: Memorandum of Site Agreement Check for $71.00 F:\DOCS\52051\ENGC\RECORDING LTRS\BND CENTRAL BEND-DESCHUTES.DOC Bellevue COP Prepared by: • REAL ESTATE DEPARTMENT Site No.: OR -0071 SpectraSite Communications, Inc. 100 Regency Forest Drive, Suite 400 Cary, North Carolina 27511 Retyyrn to: 10fiUV't,' W Ifclpt,s A�th� Anna, Lm- 5H--50 ees5 130 NE 122-nd Ave,. PyH lard, 6l;- cnQ-3o (Recorders Use Above this Line) STATE OF OREGON COUNTY OF DESCHUTES MEMORANDUM OF SITE AGREEMENT fh This Memorandum of Site Agreement ("Memorandum") is entered into on this day of , 2002, by and between Westower Leasing, Inc., a Wyoming • corporation, with office at 100 Regency Forest Drive, Suite 400, Cary, North Carolina 27511 (hereinafter referred to as "SpectraSite") and Verizon Wireless (VAW) LLC, a Delaware limited liability company, d/b/a Verizon Wireless, an affiliate of Cellco Partnership, a Delaware general partnership, with an office located at 3350 -161St Avenue SE, M/S 223, Bellevue, Washington 98009(hereinafter referred to as "User"). 1. SpectraSite the lessee of a certain portion of real property described and/or depicted in Attachment `B" ("Premises") attached hereto, which is a portion of a larger parcel of real property described in Attachment "A" ("Land"). 2. SpectraSite and User entered into a Site Agreement ("Agreement") dated February 6, 2002, for the purpose of installing, operating, and maintaining telecommunications equipment and other improvements on a portion of the Premises. All of the foregoing are set forth in the Agreement. 3. The term of the Agreement is for five (5) years commencing on the earlier of.- (i) the date User commences the installation of its equipment on the tower; or (ii) ninety (90) days from the Execution Date of the Agreement (unless User is continuing to diligently pursue a zoning or other governmental regulatory matter, in which case the date shall be the date User obtains the outstanding zoning or other governmental regulatory approval). 4. The portion of the Premises being licensed to User is described and/or depicted in Attachment "C" ("Site Layout Plan"), and includes certain rights of access Memorandum of Site Agreement -Verizon Licensor Site Name/No.: Central Bed/OR-0071 Page 1 Licensee Site Name/No.: BND-Central Bend and utilities as provided in the Agreement (which may or may not be depicted on • Attachment "C"). 5. An original copy of the Agreement is located in the offices of SpectraSite and the User, at the addresses set forth above. 0 • 6. The purpose of this Memorandum is to give record notice of the Agreement and of the rights created thereby, all of which are hereby confirmed. In the event of a conflict between the terms of this Memorandum and the terms of the Agreement, the terms of the Agreement shall prevail. -REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - Memorandum of Site Agreement -Verizon Page 2 Licensor Site Name/No.: Central Bed/OR-0071 Licensee Site Name/No.: BND-Central Bend • IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum as of the date first written above. SPECTRASITE: Westower Leasing, Inc., a Wyoming corporation Daniel E. Rebeor Director, Real Estate Operations, a Duly Authorized Individual State of North Carolina County of Wake This instrument was acknowledged before me by Daniel E. Rebeor, who is the Director, Real Estate Operations, a Duly Authorized Individual, of Westower Leasing, Inc., a Wyoming corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal, th NOTARY SEAL Signature My comm ' OFFlCISE ery Pukllic, North CarWW County of ourhmn owl Karen iLesyw or ni�ion v Memorandum of Site Agreement -Verizon Page 3 Unm licensor Site Name/No.: Central Bed/OR-0071 Licensee Site Name/No.: BND-Central Bend • 0 USER: Verizon Wireless (VAW), LLC, a Delaware limited liability company, d/b/a Verizon Wireless Print ame: IZ06EkT IF SwA+�E Title: `)O-ri vA4A a-u•L VP, `Med t" State of County of This instrument was acknowledged before me by , who is the of Verizon Wireless (VAW), LLC, a Delaware limited liability company, d/b/a Verizon Wireless, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal, this day of , 2002. Signature My commission expires: NOTARYSEAL Memorandum of Site Agreement -Verizon Page 4 Licensor Site Name(No.: Central Bed/OR-0071 Licensee Site Name/No.: BND-Central Bend • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of drAlUq e On 9- a 9^off , before me, Qqayj J. As" ,Mu Awoc, , Date _ _ Name and Title of Officer (e.g., Jane Doe, Notary Public") personally appeared CAR=J. WILSON Commission • 128490 Notary Public - Califomia_ Orange County *Comm Evitas Dac 15, 2004 1&W, Name(s) ❑ personally known to me P( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. G44, I. ud. zia)." Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ''lYldrialruWc Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: lan1a Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here ® 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800.876.6827 • .7 Site No.: OR -0071 The Land is described as follows: ATTACHMENT "A" Land Site Name: Central Bend Address: 211 Se. Bridgeford Blvd., Bend, Oregon L portion of Lots 5 and 6 in Block 3 of EASSSIDE BUS'—NESS AMD I3DU.3—AA .AL PAIL, Deschutes County. Oregon, being sore particularly described as follows: Beginning a: the Southeast corner o. said Loc 6; cheace along the Southerly boundary of said Lot 6. Borth 81' 12' 41" Ues: 162.74 iaec to a 5/9 inch iron red; thence along the Vasterly boundary of said Lot E. North . 00' 07' 59" Vest ?i.0 feet to a 5/8 inch iron rod; chance leaving said boundary South 89' W 13" West 8.90 feat co a 5/8 inch iron rod; :benLa Borth 00' 07' 59" Vest 60-32 feet to a 5/8 inch iron rod: thence along the' Southerly boundary of Loc 3 in Block 3, North 89' 53' 13" East 6.90 feet to a 5/8 inch iron rod; :hence along the Southern boundary of the Northerly portion of Lot 6, said porion being described in Book 329 at page 978 of the Deschutes County Deed Lacords, North 89' 58' 06" East 148.55 feet to a 5/8 inch iron rod; thence along the Easterly boundary of the Southerly portion of said Lot 6, South 4"21' :6" Last 165.65 feet to :be point of begiraing and terminus of this description. Memorandum of Site Agreement -Verizon Page 5 Licensor Site Name/No.: Central Bed/OR-0071 Licensee Site Name/No.: BND-Central Bend • • • ATTACHMENT `B" Premises Site No.: OR -0071 The Premises are described as follows: Site Name: Central Bend Address: 211 Se. Bridgeford Blvd., Bend, Oregon A 7069 square foot, more or less, tract of land located within that property described in the document recorded July 15, 1993 as Instrument Number 93-23788 in Book 305 at Page 1351of the Deed Records of Deschutes County, Oregon and more particularly described as follows: Beginning at the Southwest corner of Lot 6, Block 3, of the Eastside Business and Industrial park as recorded in Volume 329 at Page 978 in the Plat Records of Deschutes County, Oregon; thence North 00 degrees 21' 26" Fast 82.92 feet to a 5/8 inch iron rod with a yellow plastic cap marked "LAND MARK 2287"; thence South 89 degrees 22' 36" East 79.41 feet to a 5/8 inch iron rod with a yellow plastic cap marked "LAND MARK 2287"; thence South 94.50 feet to a 5/8 inch iron rod with a yellow plastic tap marked "LAND MARK 2287"; thence North 81 degrees 08' 58" West 80.90 feet to the Point of Beginning. Parcel 2: Access Easement: A 12.00 foot wide strip of land, 6.0 feet on both sides of the following described centerline, for the purposes of access, installation and maintenance of utilities for a communications site and is more particularly described as follows: Beginning at a point on the westerly right-of-way line of Bridgeford Boulevard from which the southeast corner of Lot 6, Block 3, of the Eastside Business and Industrial Park as recorded in Volume 329 at Page 978 in the Plat Records of Deschutes County, Oregon bears South 03 degrees 53' 56" East 146.34 feet; thence South 89 degrees 38' 34" West 76.69 feet to a point; thence South 00 degrees 00' 00" East 33.42 feet, more or less to a point on the North Line of the Communications Site Lease and there terminating. Parcel 3: Utility Easement: A 10.00 foot wide strip of land, for the purposes of constructing and maintaining utilities over a portion of Lot 6, Block 3, Eastside Business and Industrial park, as recorded in Volume 329 at Page 978 in the Plat Records of Deschutes County, Oregon lying northerly of and contiguous to the following described line: Beginning at the Southeast corner of said Lot 6, Block 3; thence along the Southerly line of said lot 6, North 81 degrees 08' 58" West 81.41 feet, more or less to the Southeast comer of the above described Communications Site Lease and there terminating. Memorandum of Site Agreement -Verizon Page 6 Licensor Site Name/No.: Central Bed/OR-0071 Licensee Site Name/No.: BND-Central Bend • ATTACHMENT "C" Site Layout Plan .7 n Site No.: OR -0071 Site Name: Central Bend Address: 211 Se. Bridgeford Blvd., Bend, Oregon SEE ATTACHED Memorandum of Site Agreement -Verizon Licensor Site Name/No.: Central Bed/OR-0071 Page 7 Licensee Site Name/No.: BND-Central Bend 14 I• � 0 �I ATTACHMENT C i I r_� _ I I I 12' WIDE ACCESS EASEMENT I I I I I I 0 Irrlq.tlon _ onLrol PROPOSED USER ^ 12'x36' � \11 � IPMRENT �o EMSTING 81' PROPOSED USER LEASE AREA 432 SO :n ` 14.6'x9.4'WJ ?MM�POLE EOUIPMENT PAD ,LANDSCAPING�``� 1 \ SCI LEASE AREA UNDERGROUND ` —� —M CONDUIT FOR EXHIBIT PURPOSES ONLY NOT FOR CONSTRUCTION PLAN VIEW GRAPHIC SCALE LEGEND: 20 0 10 20 ® GROUNDING TEST WELL TTELEPHONE HOOK—UP 0. DENERATCIR RECEPTACLE E ELECTRICAL SERIACE DISCONNECT (IN FEET ) TMD TELCO DEMARK 1 Inch = 20 Feet LEE INdCE IT IS RECEIVED 8Y LICENSEE" j� SPECTRASITE COMMUNICATIONS CENTRAL BEND SITE LAYOUT PLAN 0000 NOW P.MWAY. SWIT On OR -0071 cur,mc ssstI b 08/26/02 MON 14:46 FAX 541 386 1764 Dee �f FREVIE�W' ED C a F)y LEGAL CO PISEL Ca444 (� WIA1 o S Co. CDD 4-4 CLERKS OFFICE002 pESIIAM COUNTY OFFICIAL RECORDI A&,&jdoll 1W SUE I ENNOLLOM, COUNTY CURK w 001:8810" es I JOURNAL 07/31/200102:10:52 PM 111111111 II 11111 � DESCHUTES COUNTY CODE ENFORCEMENT W AL-- VOLUNTARY lsVOLUNTARY COMPLIANCE AGREEMENT 5 � CDD Case Nos. C00288, 289, 270 / Contract No. 2002-119 mo made and entered into by and between Deschutes County, a political subdivision of This Agree+ and, Mike and Marylyn Devitt, ( Owners ). the State of Oregon ("County"). . WITNESSETH: IT IS HSREay AGREED by and between the parties mentioned above, for and in consideration of the mutual promises hereinafter stated as follows. 1, This Agreement is effective upon signing. 2. County and Owners agree that Owners either own or occupy real property located at 50040 Darlene Way, La Pine in Deschutes County, Oregon ("properly"), legally described as: on thepropsrt that is(are) the subject matter of this Agreement cOnsist(s) of 3, The condition(s) Y r permits. 2) . the following: 1) poultry structure converted to a residence without the grope unknown septic system on this property. h 3 of this 4. County and Owners agree that the nedrtitthe residence babed ck to a poultry bam as originally Agreement must be corrected as follows: 1) Con approved, convert the residence to another for installed system.oved cture, or remove the building from the prop". 2) Acquire a septic permit ners agree that Condition 1 described in paragraph 3 of this Agreem 5. County and Owant shall be corrected on or before October 1, paragraph on or before SApt tuber 30, 2p02roper permits for Condition 2 describes! in parag p e. in consideration for County granting the extended period for correction of violation(s) described in paragraph 3 of this Agreement,Owners { nderstand and agree that they waive the court entering a judgment i favor of the right to a hearing before the court, an a tine, as County and against Owners and further ordering Owners to forfeit bail and/or to pay determined by the court. o have the right ecific T. Owners understand and agree that the County shall 81s Ins the fight to to y and all ro request emedies performance of this Agreement, and that the County legally available to it in connection with the correction of the violations) described in paragraph 3 of this Agreement. g, owners understand and agree that on or immediately whetheer er oranot te oowners have compliedr corrections in paragraph 5 of this Agreement, County will d • with this Agreement. Page 1 of 3 — Voluntary Compliance Agreement — Agreement No. 2002-119 [pevitts) 8/28/02 MON 14:47 FAX 541 383 1764 Desi iCo. CDD ►aa CLERKS OFFICE IM003 . g. Owners agree that County shall have the right to enter upon the property to determine • compliance with this agreement. 10. Owners understand and agree that the County is the sole authority to determine whether or not owners have compiled with the terms of this Agreement. If County determines that Owners violated or failed to fulfill the requirements of this Agreement, County will ask the court to set this matter for trial and Introduce this Agreement as proof of non-compliance. from and nst 11. Owners s, lawsuits, or aeons for damages, save harmless and defend jos ehs and uexpenses, arising from the all violations in paragraph 3. 12. The parties agree that if any term or provision of this Agreement Is declared by a court of competent jurisdiction to be illegal or In conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be Invalid. 13. This Agreement may be executed In several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of the Agreement so executed shall constitute on original. 14. County's delay In exercising, or failure to exercise any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise or any right, power, or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The remedies provided herein are • cumulative and not exclusive of any remedies provided by law. 15. This Agreement shall be governed by and construed in accordance with the laws of the eeeState of Oregon without regard to principles of conflicts of law. Any claim, action, suit or ding (collectively, "Claim") between County and Owners that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the state of Oregon; provided, however, if a Claim must be brought in federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Owners, by execution of this Agreement, hereby consent to the in personain jurisdiction of said courts. 16. In the event an action, lawsuit or proceeding, including appeal from, Is br eght foefailure hall beres to observe any of the terms of this Agreement, each party P own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. I / 1 1 • Page 2 of 3 — Voluntary ComplianceAgreement greemenntt ; Agreement No. 2002-119 (Devitts) ON -F' '08/26/02 MON 14:47 FAX 641 285 1764 Des. Co. CDD a -o-+ CLERKS OFFICE 0 004 . 17. This Agreement constitutes the entire agreement between the parties on the subject matter • hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless In writing and signed by both parties and all necessary State approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific Instance and for the specific purpose given. DATED this _�ay of July 2002 Tom Anderson, Operations Manager DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STATE OF OREGON. county of Deschutes ) as. This instrument was acknowledged before me on , 2002, by Tom Anderson as Operations Manager of the Deschutes Coun o munity Development Department, Deschutes County, OW ORFICIAt dam- WMW OTARY pu8U QREGCN COMMISSION No. Siam Nota ubiic or Oregon IdN EXPIRM6 NO- id, 2W My mmission Expires:� ]„�D this A2�_ day of 20102 ���`-ice � ownerMike Devitt, ��,ZA W11 . • STATE OF OREGON, County of Deschutes ) ss. This Instrument was acknowledged before me on , 2002, by Mike and Marilyn Devitt, Owners. _Z or�lcw, seu NOY c MAh-rrvt NOTARY PU o�ry u lic for Oregon WIN COMMISSION No. 3,-m My Commission Expires: MY COM 110810M EXPIRES Q6C 8, 2003 After Recording Return to: Tom Anderson, Operations Manager, Deschutes County Community Develgpment Department 117 NW Lafayette, Bend, OR 97101 • Page 3 of 3 — Voluntary Compliance Agreement — Agreement No. 2002-119 (Devitts) 6,1L Me C7 • Yom', TEsc0 �2 0AA �( November 3, 2003 Marann Berry Title Operations Coordinator 222 High Street SE PO Box 71 Salem, OR 97308-0071 CZS Office of the County Clerk Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701 Telephone: (541) 388-6544 Facsimile: (541) 389-6830 Re: Blanket Substitution of Trustee Dear Ms. Berry: Nancy Blankenship, County Clerk We return unrecorded the enclosed Blanket Substitution of Trustee for the same reasons Yamhill County has given. In addition to Yamhill County's reasons we notice that a Blanket Substitution of Trustee signed by a trustee is not consistent with ORS 86.790(6) which reads, "At any time after the trust deed is executed, the beneficiary [emphais added] may appoint in writing another qualified trustee..." Your instrument is executed by a Ticor, successor trustee in interest to Key Title. Also, an instrument consisting of multiple references involving different properties is not consistent with ORS 205.236(2)(a) which reads, "The transactions described in the instrument involve the same properties." If you have any questions, please contact me. S JE R sor Enclosures: Check 13160 for $31.00 Original Blanket Substitution of Trustee Quality Services Performed with Pride � J TICOR TITLE TM October 28, 2003 Deschutes County Recorder County Courthouse Administration Bldg 1130 NW Harriman Bend, OR 97701 Re: Recording 222 High Street SE PO Box 71 Salem, OR 97308-0071 Fax: (503) 3642114 Dear Clerk: Please cause the enclosed document to be recorded in the records of Baker County. Fees for recording are enclosed. Should you have questions or concerns please contact the undersigned at 503-540-5424 or via email at marann.berrvanxicortitle.com. I y, in�eY, �'y Operations Coordi for i. �JL1a�ll�[e1ii:16'1�Z�ZKi1Ji1�.1i[K�7�Y�_11�(,�9xKq:i1�7���\iq:14.Y7 TICOR TITLE" 24-201 1.31.6 0 KeyBank National Association P.O. BOX 1860 Salem, Oregon 97305 1230 CORVALLIS, OREGON 97339 1-1300-KEY2YOU ` DATE 10/29/2003 RECONVEYANCE DIVISION DESCHUTES COUNTY RECORDER AMOUNT *• . + ...a+31.00 Thirty-One and no/1 TO THE ORDER OF DESCHUTES COUNTY RECORDER TICOR TITLE VOID AFTER 6 MONTHS ..BLANKET SUBSTITUTION RECORDING FEES 118011,316011' "il:L230020LD: 37968000863um 10/29/2003 Recording Fees • DESCHUTES COUNTY RECORDER Key Bank Reconveyance Checking BLANKET SUBSTITUTION RECORDING FEES 10/29/2003 Recording Fees 0 DESCHUTES COUNTY RECORDER Key Bank Reconveyance Checking BLANKET SUBSTITUTION RECORDING FEES 13160 +.r ... ..aar+....31.00 13160 .......xa.a.+.x.31.00 Board of Property Tax Appeals Business Licenses Elections Marriage Licenses Passports Recording Voter Registration • • Charles Stern Yamhill County Clerk 535 NE. 5th, McMinnville, OR 97128-4593 Ph. 503.434.7518 Fax 503.434.7520 Email: sternc@co.yamhill.or.us November 3, 2003 Marann Berry Ticor Title 222 High Street SE PO Box 71 Salem, OR 97308-0071 RE: Substitution of Trustee Dear Ms. Berry, There are some legal and practical problems with a "general" type document that purports to modify some other document but doesn't specify the document or property to which it relates. The legal problem with not identifying the document or documents to which the Substitution of Trustee applies is that the definition of a "Trustee" in ORS 86.705(6)' "is a person ...to whom an interest in real property is conveyed by a trust deed,..." The property interest conveyed in this transaction must be described as provided in ORS 93.6002 and is the same interest on the same property as was described in the original Trust Deed. The property interest and role of the trustee is very specific, as an agent of the beneficiary, to a specific Trust Deed. Another legal problem is that ORS 93.6303 and ORS 205.1604 specifies the information required in the index. One of the items (f) "Brief description of tract" is important if there is to be any linking of a document to a particular property or preceding instrument. A practical problem to the recording of a Substitution of Trustee that does not identify the property or preceding Trust Deed is that the information is missed in any search of the property or a name search of the "Grantor". Even if the title companies are able to identify and locate the Substitution of Trustee, the public in searching the records would need to search the beneficiary, a party name not usually searched when searching the name of a debtor. An example of a practical problem is that a blanket Substitution of Trustee, such as you are attempting to record, was inadvertently recorded in the 80's by US Bank. Our title companies indicated that "Requests for Reconveyance" were being sent to and executed by the wrong trustee. While this particular problem is not a recorder's problem it certainly reflects some of the associated results of recording a blanket Substitution of Trustee. Opinion/Ticor Title page 1 Of 4 • I believe that the appropriate method to accomplish your objective is to attach a list of the instrument numbers or the volume and page numbers of the affected Trust Deeds. This certainly involves additional effort on your part to assemble this information and additional effort on our part to cross reference the Substitution of Trustee to the affected Trust Deeds, but the resulting disclosure is complete and accurate. It has been suggested that the Substitution of Trustee be recorded at the time of a Reconveyance, but this has the problem of constructive notice. Escrow agents engaged in sales or refinancing may be looking to the wrong trustee for reconveyance. In the case of US Bank that was previously cited, even the bank employees were requesting reconveyance from the original trustee rather than the substitute. This has been rather long and rambling, but I hope it reflects this clerk's concern in assisting you with full constructive notice and maintaining a record that in the end may save you and your client's time and money. If there is any way I can be of assistance to you, do not hesitate to contact me. Sincerely, Charles Stern Yambill County Clerk • Cc: John Gray, Yamhill County Counsel Enc: Return of Substitution of Trustee and check in the amount of $26.00 is Opinion/Ticor Title page 2 of 4 86.705 Definitions for ORS 86.705 to 86.795. As used in ORS 86.705 to 86.795, unless the context requires otherwise: • (1) 'Beneficiary" means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person's successor in interest, and who shall not be the trustee unless the beneficiary is qualified to be a trustee under ORS 86.790 (1)(d). (2) "Grantor" means the person conveying an interest in real property by a trust deed as security for the performance of an obligation. (3) "Residential trust deed" means a trust deed on property upon which are situated four or fewer residential units and one of the residential units is occupied as the principal residence of the grantor, the grantor's spouse or the grantor's minor or dependent child at the time a trust deed foreclosure is commenced. (4) "Residential unit" means an improvement designed for residential use. (5) "Trust deed" means a deed executed in conformity with ORS 86.705 to 86.795, and conveying an interest in real property to a trustee in trust to secure the performance of an obligation owed by the grantor or other person named in the deed to a beneficiary. (6) "Trustee" means a person, other than the beneficiary, to whom an interest in real property is conveyed by a trust deed, or such person's successor in interest. The term includes a person who is an employee of the beneficiary, if the person is qualified to be a trustee under ORS 86.790. [1959 c.625 §1; 1961 c.616 §1; 1975 c.618 §1; 1983 c.719 §1; 1985 c.817 §1; 1989 c.190 §1] • z 93.600 Description of real property for purposes of recordation. Unless otherwise prescribed by law, real property shall be described for recordation by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, or by partition plat recording and parcel numbers, or by giving the boundaries thereof by metes and bounds, or by reference to the book and page, document number or fee number of any public record of the county where the description may be found or in such other manner as to cause the description to be capable of being made certain. However, description by tax lot number shall not be adequate. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, or the number of any lot or block or part thereof, or any distance, course, bearing or direction, may be employed in any such description of real property. [1987 c.586 §2; 1989 c.772 §26; 1995 c.382 §10] C] 3 93.630 Index to record of deeds, mortgages and other real property interests. The county clerk shall also keep a proper direct index and a proper indirect index to the record of deeds, mortgages and all other real property interests required or permitted by law to be recorded, in which the county clerk shall enter, alphabetically, the name of every party to each instrument recorded by the county clerk, with a reference to where it is recorded. [Amended by 1987 c.586 §22; 1999 c.654 § 11 ] Opinion/Ticor Title page 3 of 4 4 , 205.160(7) In lieu of both the direct general index and the indirect general index a county clerk may use a data processing device or computer to provide a combined index to books or records defined in law that shall contain the following: • (a) Date and time of reception. (b) Names of grantees. (c) Names of grantors. (d) Nature or type of instrument. (e) Recording number. (f) Brief description of tract. (g) To whom delivered. (h) Fees received. (i) When available, a reference to the instrument being released or discharged. 0) Such other information as the county clerk may require. (8) The county clerk shall provide public access to the combined index and otherwise meet the requirements of ORS chapter 192. [Amended by 1969 c.702 §1; 1987 c.586 §32; 1999 c.654 § 17] • • Opinion/Ticor Title page 4 of 4 .t Commercia Title Title Insurance • Escrows 563 SE Main SINCE 1909 PO Box 1325 Roseburg, OR 97470 Ph: 541-672-5555 Escrow Fax: 541-673-2175 - Title Fax: 541-673-6930 September 13, 2002 Deschutes County Clerk 1340 NW Wall St Bend OR 97701 __._—_Rei—Recording Su bsi ,tion Trustee Dear County Clerk: t� gcfj • We sent the enclosed document to record in August. It was rejected by your clerk's office. Pursuant to the Oregon Revised Statute 86.790 which states: (3) At any time after the trust deed is executed, the beneficiary may appoint in writing another qualified trustee. If the appointment of the successor trustee is recorded in the mortgage records of the county or counties in which the trust deed is recorded, the successor trustee shall be vested with all the powers of the original trustee. It is our understanding that document is legal to record. If you believe otherwise, we would like you to tell us the statute that enables you to reject this. We are committed to resolving this issue in a constructive manner. Thank you, Sincerely, C&. Reconveyance Dept 0 DESCHUTES COUNTY OFFICIAL RECORDS 202-088MARY SUE PENHOLLOW, COUNTY CLERK 111111111111111111111111llllllllllllllllll111111 $31.00 817120020508880010012 09/17/2001 11:00;28 AM M—NST Cntal Stnall JEFF $5.00 $11.00 $10.00 $5.00 SUBSTITUTION OF TRUSTEE The undersigned, Beneficiary of various trust deeds recorded in DESCHUTES County, Oregon, hereby appoints COMMERCIAL TITLE, a Division of Title Insurance Company of Oregon, an Oregon Corporation, as a substitute trustee in accordance with Oregon Revised Statute 86.790 (3) on any and all such trust deeds. Further, the undersigned Beneficiary vests in Commercial Title as substitute trustee all those powers of the original trustee. Dated day of September, 2002 Utpqa anlcBstA Trina Curley — Vice-PresiAent • STATE OF OREGON County of Douglas This instrument was acknowledged before me on September _1-3 , 2002 by Trina Curley, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the with instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. kAWTTT: S HI%i;Aitl�iil SCHULI OREGON 5 pus MyC11ii 1 "5:��;a E:i?ii�CS After Recording Return to: Commercial Title PO Box 1325 Roseburg, OR 97470 WITNESS my hand and official seal. Notary Public for Oregdh My Commission expires 1 U , ZOU L Is SUBSTITUTION OF TRUSTEE .r� c'"0 The undersigned, Beneficiary of various trust deeds recorded in DESCHUTES County, Oregon, hereby appoints COMMERCIAL TITLE, a Division of Title Insurance Company of Oregon, an Oregon Corporation, as a substitute trustee in accordance with Oregon Revised Statute 86.785 (3) on any and all such trust deeds. Further, the undersigned Beneficiary vests in First American Title Insurance Company as substitute trustee all those powers of the original trustee. Dated day of August, 2002 Ump ua kN c By: Curley — Vice -President rl Sorma - c M c_: Me r". w STATE OF OREGON County of Douglas This instrument was acknowledged before me on August _,5, 2002 by Trina Curley, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the with instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIALSEAL NANETTE S BINGANIAN SCHULZ NOTARY PUBLIC - OREGON Z COMMISSION NO. A31517B MI COMMISSIpDI EXPI4 F.S SEPi. 1A, 7.092 + After Recording Return to: Commercial Title PO Box 1325 Roseburg, OR 97470 WITNESS my hand and official seal. (3� Notary Public for Oregdd 4 U Z My Commission expires: AUG -20-2002 TUE 01:29 PM FAX N0. P. 01 AUG -20-02 TUE 09!02 AM DESCHUTES CO CLERKS FAX NO, 541 388 6830 P. 01 4 16 ; eco Sa3eserl LA&OF I- c e e : 0A.V di Powk4' 113 AD rdieWCAP 'bore : A-" 20 , 2062, 12rck- -- I S ,t)" dµ 4 JK Iw►- 4t ? � � 4 • AUG -20-2002 TUE 01:29 PM AUG -20-02 TUE 09:03 AM DESCHUi'ES 00 CLERKS AU13-2e-2002 09122 AMER1TITLE BEND FAX N0. FAX N0. 541 389 8830 SHARED PARKING AGI ERMENT THIS AGREEMI NT trade this 7th day of AuSust, 2002 is by Dry Canyon Investments, LLC, herairnafter referred to as ("Owner") of the parccls 6 & 7 of Fieldstanc Soutb Subdivision, B 'P�'ESSF4,tea WHEREAS, Owner is the owner of Parcels 6 and 7 of Sub 00.07, filed Tioldateno South SubdIA31 A, according to the Oficial Plat thereof u recorded in the, Office of dte County Clerk for Deschutes County, Oregon located in the Southwest QvaM of the Southeast Qawter of Section 20, Tawnship 15 South, Rose 13 Set of the Willamette Meridian, in the City of Redmond. Dosahutcs County, Oregon; wd WHEREAS, Owner harp agreed to provide shared parking between Pamela 6 and 7 for the benefit of tie subsequent owners and usm thereof; and NOW TAERRFOM IN CONSIDERATION OIF THE )FORIGOINCy THE PARTIES AGREE AS FOLLOWS: S trCs RANT O 1,1 Owvvy hereby agrees to grant to itself and Its successors in • iftwMt in Parcels 6 and 7 of Sub 00-07 shared driveway access to be described as the front 3S' loested of SW Wicidup Court, of Parcel 6 attd 7 as shown Oftho attached map (ftbibit A), a2ft " lkZ, ft" "Aeveloplax Party$# Owner" DATED this -!Ek_ day of Anpsc i2002 STATE OY OREGON ) ss. County of Deschutes ) Persanaily appemd beton mo this , 7 6 Ausus t 2002, the 11Party ."Shd aokaowledsed a tbra • S1 uatlry set and deed on behalf of the "Pury," "Gang W. Hoskin as Meaber of Drr Canyon iavaeemanss, LLC XQ ryP,jblic forOreson ouenCu�sa�. My Commission Expires:7 /7 /q- DOMiA Y AoaMpp WTARV wlauG0p=M NY boMMNa!!I ONlXsIM� .�u, 30012spga JtlOttitrlMi■Mtl■1f►arm�•APpicxie.u�YMwA11p rAtiKadG AOliktlME�N'rdoe t C J P. 02 P. 02 P.01/03 • • AUG -20-2002 TUE 01:30 PM AUG -20-02 TUE 09:03 All AUG -20-2M 09122 DESCHUTES 00 CLERKS WERITITLE BEND Appmvod u to tomo -L" g?m,twA,--- Cb=k bkGmaw. Senior pl er AFMIK kECORDING RETMW TO: Tn CITY OF REDMOND P.O. BOX 726 REDMOND, OR 977% :�O111s�'NkMelblCwrseN-Mplialian�l6HARBD PARKINd AQREEMGVT.doe FAX N0. FAX N0. 541 389 6830 2 P. 03 P, 03 P, 02,,V3 • AUG -20-2002 TUE 01:30 PH AUG -20-02 TUE 09:03 AM DESCHUTES 00 CLERKS ` AM -28-20M 09123 POZiTtTLE Bet • N 0 I mmavqrc- NAMPAMMASUMWPLM • DRY CANYON xvilsymme LLC 8W wIMW COURT - LOTS 6,7 MMMOREGON FAX N0. FAX H0. 541 389 6830 /1NIwABON ENpINEEgINd A MvEme ANC. P. 04 P. 04 P.03/03 P. 03 P. 01 TRANSACTION REPORT AUG -20-02 TUE 01:45 PM RECEIVE � DATE START SENDER RX TIME PAGES TYPE NOTE M# DP AUG -20 01:44 PM 1'13" 4 RECEIVE OK 0 • swkv.�Ivd A-_� - Form No. 1125—MEMORANDUM Of LAND SALE NL ncuvnur-u v f 10-atil(002C 31 WESTERN TITLE_ & ESCROW CO. MEMORANDUM OF LAND SALE CONTRACT / NOW LL M BY THESE PRES INTS, the n ................................................ -i! .�...�-- --•- J , .. - i,�Rr..... ..!7.siCf�" Url_...... �. ?--:...�-----• - a vendor(s),and J..... ..... ........ % t.� �? 3C' 1.... .........! Q....... ....�Yi L%... .[..I'�z.L'.�..... �... l .�l C _ l as vendee(s), made and entered into a certain land sale contract, wherein the vendor(s) agreed to sell to the vendee(s) and the latter agreed to purchase from the vendor(s) the fee simple title in and to the following described real property in County, State of Oregon, to -wit: `Cie vJers�- V afi CwL1L) bf- 4--t-�Q_ mor441 01 1.1-� - F;ve �N-65')C{I-+- o `i- - ..now4_4, Itir�, 4,_,j "ed 'i-j,�- r �_, !^-e e_� C S. 330') of- (04- On -E CO, tZj oc IC TvWU Ca�1 042 µ.4 t,-rl.P— woo rD AC -i CAGFS I `0w Abe The true and actual consideration for the transfer, set forth in the contract, is payable a..." D -------- down on the signing of the contract and the balance payable in Wmonthly, ❑ quarterly, ❑ semi-annual, ❑ annual installments (indicate which) of not less than $..9YZ..0.0.... each. All deferred payments shall bear interest at the rate of per annum from the date of the contract until paid. In Witness Whereof the vendor(s) has executed this memorandum on ... ....... ...................... 1 a ? If the vendor is a corporation, it has caused its name to be signed and its seal, if any, affixed by an officer or other person duly authorized to do so by order of its board of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND /4 /� / 1 USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING ...... ._. ! !"a'........Oh-r/_rtz Oh 1l' _ ....... THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR ` COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. I ...... .... ................. ................................... NOT& The foregoing memorandum "shall be recorded by the conveyor not later than 1S days after the Instrument Is executed and the parties are bound thereby." ORS 99.695. ................................................................................ -- •....................... STATE OF OREGON, County of ............................ ) 88. This instrument was acknowledged before me on.......................................................19........, by ..................................................... _...... _.......................................... ......................._..._.. lis instrument was cknowle ed before me on .......... t ..I..�...r�.?., ...�.0�� , i9........, b ---------- This ..... ...... .4. .........•. as ....... ..x,1.1 ............ • ...--------------- - ---- .-- of..............p.Y�...*Q'0.t�a�x!r4 .a✓�..... + P:.../�........... ll... ......... DELLA3ENEY............................... .........`�`�• .................... NOTARY PUBLIC • OREGON Notar Pu i for Oregon COMMISSION NO. 351213 am(cMMISSOD(PIRENOV.18,2005 My commission expires ..._....)) `4-C.. ................................. ............................................................ Wndor'e Name and Addrns ........(rim e .....ak........ iJ After Zip), Until requested otherwise Bead all tax statements to INams, Address, Zips STATE OF OREGON, County of ............................................ $s. I certify that the within instrument was received for record on the.......... day of........................•----.................. . 19 ......... at ................. o'clock .......M., and recorded in SPACE RESERVED book/real/volume No ................... on page POR RECORDER'S USE ........................ and/or as fee/file/instru- MARY SUESPEOUNTY OFFZCZAL NHOLLOW, COUNTYCLERK7047a7Y116 .................................... I I I III III 11111 $31.00 .................. .................::.:..:: 04I3Z/ZOOZ 43;43;35 PM O -COMM Cntal Slnw4 JEFF $0.00 $11.00 410.00 $5.00 0 s�J-22-2002 14:40 SWALLEY I.D. 5413890433 P.04 i,tIIATULAIM DEVI1 /C4VOA 7 4.31 I)h' IN'I'M;l ENJ IN A WATER HIGHT � �� FOK'114ANS1 �� (;rarrtsr,', Mllat,tcl J.' cltrLrnt, TenrTr� int Lgild (.:o. l IX, and Tetitta,it Us:vclr,pmeni r��lufisc, unci quitcl;rrmta c'`cnunl L')irbutt Irrlgdtiotr I)istrielall water rights, title rind lnlcrl:.,�t in the 161luw"19: By dlis Kgrt.emerrt and signed lrarrsler ahplrcnlion thrill, I, il;mtur, I11V tlwncr iff ille funds described in cxhihil A , release their clulm and respntt,:rl► hly for 48.0 vera ol'('entral i h-e-gon Irl•rguliun District water rights that aru apinn'tmurtl to (he lands descl•ilvd ill Exliihil A, to Ccnlral Oregon Irripalan 1)r;;tricl. ( "l;tttrill Orepti Irrigation 1.)islricl. may elect to comilletc the ininsCcr upplicatio,t and subntil it u) the Water Resourves Uullarinienl kw approval al'usc uFffic wutcr right ut it item, iocati�m tmd/m. lis !. ('Vi lral Oregon Irrigalion Utxtt'icl may ®ttach till, ;Igrccntettt 11u div Oregon waltz kvsuurca.. I )cpl,0111crit's leasc lurm and File with the I)islOut's annual Shorl feral Wutrr k (ghl (.vuw Agrivinent. urihcrntr,rr, upon •tk;ltilig (rl'tht. agrccrnedll and the am)ntpanying Iransi'c, applivaltrin, Mwliacf J. Tennant, Tennam .L,nnd Co., l.l.('anti fuutanl Ik v�hl irncnt sl11all lit, loligrr bel WI: l'or tiny distrivl us;ra"r►cat ar ulwrgcs pci-Wining to the 46.0 acres u1 water right incumd after I-lte duic ol',rgrtrng 'I'lie water rip,1111 in tfuewtion is lLitiltct• duzicribcd us it porlion ul ccrtiCivali• h 70,1521, P"lurity ul' I9UU aild 1907, located: 'phis ugrVrrllclit is hirtdirig Ulan 1114; JIVIrs, cxr3 ut0I-s, aLltttimstralors, suvrjusstirs. ;uirl Ixrtnillud assigns of the pantie.~ til Illi:; aL;rtctiiwnt, Ci►nsi}%:ryliun lily 1111;s Qui(�lamt 150.00, y, -•2Nlch;iC J.l:Y nl � Z��t7- • t Icml;lijt i ulyd C4 1.1 V - �r A A0 I en�nt 1)yVc Phril�li - ;i yltlll o('t1rC�ui1 ( ".ollmy of 1)vsch es i'vr.unafl,y uppeared rliv 311.rt)ve n:n ivd .nld uckl,uwledu%xi Ihr tilrbulttb Instrw,lcut/to�hr, contlrtla:+ilm c>ipu-us 0,1111•14l regun IrpinHun U141r•ir.t: lira Ron Nelsun, Mahal er — slaty ut-Orcgon � vnluldlu y ac:1. a3trl rireJ. 1� O"ICIAL SM CAk1w W r1111M NOTARY PUBLIC-ME(M COMMIOSK)N NO.313MB Eml_MMISSIO14 EXPIRES JUNE 19, 200 l mthly Irl I lcschule.; Vvr,oaalty Lippeawd. Run Nelson, and wknvwIv,Il;vd tha fineoing instrunlcrtl rpt bv hitz vulunlary,a:t and rlvsri- My tiun11111,at1113 cxplro *A11cr Kvcurliurg ruTur'It to: _ I"ax vwicrUOIC Nu Owljw, Central t)r1.'gult lr %affi n Dklrlcli OFFICIAL SEAL 2591; Norlb 1lighw„y 9 j DIANA L EWINO ItQdruuutl” OR 97756 NO IARY PUBLIC - OREG COMMISSION NO. 330029 11AY GflAlp1�$lON EkPtli� 17EC. till, ,.;.JAN -22-2002 14:41 w,lhin u Iwrtiun of: • SWALLEY I.D. EXIIIII11' A 13-13-09 SW '/4 N W % Tax lot 00500 7,05 acres 15-13-09 SW �/. NW 'l, Tax hol ('K)505 4,35 acres 15-13-04) SW %4 NW '/4 Tux lot 00507 16.9 acIrcN, 1.5-1:3-09 L1:'/, NW '/i 'Pax lot M500 4.4 acres 15-13-09 SE Y, NW 'I/, Tux lot 00507 3,0 acres 1.5-I.3 0) S1 NW %, Tax hit 00503 t,,7 uares 15-13-09 SI;'/4 NW f, 'lax lul 100507 1.3 acree 15-11.01) N1:'/,SW y, Tax loo M101 4.3 acl);t; 5413890433 P.05 TOTAL P.05 J C7 Mar.21, 2002 2:11PM D E Q - BEND OFFICE No.1921 P. 2 E STATE OF OREGON NOTICE OF ENVIRONMENTAL CONDITIONS Pummnt to ORS 205.130(2) and ORS 465.200 et seq. Name of person(s) against whose property the notice of environmental conditions attaches: Simy English Landsystems Nursery 21336 East Highway 20 Bend, Oregon 97701 Name of Patty filing Notice: ` Oregon Department of Environmental Quality (DEQ) `x/700 SF ErnigraM Suite 330 / PendIeton OR 97801 (541) 2764063 1. Notice is given that DEQ has concluded that a conditional "no finthe-r action" determination for environmental cleanup under Oregon Revised Statute (ORS) 465, the state's environmental cleanup law, is appropriate for the real property located at: 171235 ca 03400 (Read as: Township 17 South, Range 12 East, Section 35 ca (1/4;1/4 section.); tax lot 3400 • 2.. A copy of DF.Q's conditional "no further action" determination is provided in Attachment A. This "no Auther action" determination was made as a result of an investigation and cleanup of facility known as the Van Osten property. The Van Osten property, located directly across U.S. Highway 20 from the property described in this notice, has been determined to be a primary source of hazardous substances, including dioxin, that have been investigated and cleaned up by DEQ as descnbed in DEQ's Record of Decision titled "Selected Remedial Action for the Van Osten Property", dated May 2001. 3. The property described in this notice is currently used as a nursery, doing business as Landsystems Nursery with an existing single family residence located on a portion of this property known as residential lot #20, as described in DEQ's Record of Decision (May, 2001). 4. DEQ's investigation and Record of Decision concluded that the current and reasonably likely future use of the property described in this notice is commercial, including but not limited to retail nursery business, and the existing single family residence located on residential lot #20. 5.. Consistent with Oregon environmental cleanup requirements, DEQ determined that residual concentrations of contaminants of concern do not pose an unacceptable risk, based on current and reasonably likely future use of the property described in this notice as a nursery, or for similar commercial or industrial uses. 6.. DEQ should be notified if any current or prospective future owner proposes to redevelop the property dcscnbed in this notice into residential properties. For further information regarding this notice, contact Oregon Department of Environrnerntal Quality, Environmental Cleanup Program, Eastern Region, 2146 NE 4h, Suite 104, Bend, OR 97701, (541) 388-6146. Signature of Party Filing Nodee Date .Title: Joni Hammond, Division Administrator Department of Environmental Quality, Eastern Region Mar.21. 2002 2:11PM D E Q - BEND OFFICE No -1921 P. 3 0 THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME this day of 02002, by Joni Hammond, Division Administrator, Department of Environmental Quality, Eastern Region, Notary Public for State of Oregon, County of Umatilla. RETURN TO: Department of Environmental Quality Eastern Region Attn: Joni Hammond 700 SE Emigrant, Suite 330 Pendleton, OR 97801 • 0 Mar.21, 2002 2:10PM D E 0 - BEND OFFICE 2146 NE 4" St., #104 Bend, OR 97701 • 541-388-6146 541-388-8283(Fax) FaX No,1921 P. 1 ToH Suzie Penhollow, County Clerk From: Nancy Swofford 3886146 X-250 Fam 389-6830 Pages: 3 Phone Date: 03/21/02 Re Deed Notice c: ❑ Urgent O For Review x Please Comnu +t ❑ Please Reply ❑ Please Recycle . comments: Attached is a copy of a Deed Notice that our office would like to get recorded on the appropriate deed. We have 4 In all. I was just speaking with someone (I didn't get his name) in your office regarding this and he suggested I fax it over to you for your suggestions. Apparently this notice would not get recorded pursuant to the ORS's that are stated on the notice. What these are for is a 'No Further Action' determination for the clean-up of contaminates on some Landsystems Nursery sites. Do you know of a more appropriate ORS to use for such a notice? Please call at your earliest convenience or you can e-mail me at. swofford.nancvCo-dea.state.onus I am in the office until 3:30 today and tomorrow. Thank you for your time in this matter. 0 • 06/24/02 11:51 FAX 15413885429 BEND PARR AND REC DIST ORDINANCE NO.4 AN ORDINANCE REGULATING THE USE OF PARKS, RECREATI( AND PROGRAMS, PRESCRIBING OFFENSES AND PENALTIES FOR THE VIOLATION OF ITS PROVISIONS, DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED, by the Board of the Bend Metro Park and Recreation District that: Section 1. Definitions. "Parks", "Recreation Areas"; and "Programs" means and refers to all property or programs owned or controlled by the Bend Metro Park and Recreation District and operated for the public's recreation use. Section 2. Rules and Regulations. (Attached.) Section 3. Penalties. Pursuant to ORS 266.450, violation of these regulations is a misdemeanor punishable by exclusion; or upon conviction by a fine not to exceed $100.00 or imprisonment not to exceed five days or both. Section 4. Severability Clause. If any provision of this Ordinance is held to be invalid, unenforceable or rendered unconstitutional by a court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and the remainder of this . Ordinance without such provision shall not be affected and shall remain in full force and effect. Section 5. Emergency Clause. The Board of the Bend Metro Park and Recreation District hereby finds and declares that this Ordinance is necessary for the immediate preservation • of the public, health, safety and welfare. An emergency is therefore declared to exist and this Ordinance shall be effective upon its passage. Read for the first time the day of May, 2002. Read for the second time the day of t, —,2002., Placed upon its passage this day of $2001. YES: 3 - NO: O Authenticated by the Chairman of the B this 1Wayof 22002. - Ron Delane ice Chairman State of Oregon County of Deschutes Ron Delaney, Vice Chairman of the Board of Directors, acknowledged this Ordinance before me on June 18, 2002. N Public CY Commission Expires October 1 006 06/24/02 11:51 FAX 15413885429 BEND PARK AND REC DIST • BEND METRO PARK & RECREATION DISTRICT RULES AND REGULATIONS I. GENERAL USE OF PARK, RECREATION AREAS AND PROGRAMS [in 005 No person shall use abusive, threatening, boisterous, vile, obscene or indecent language or gestures, nor shall any person cause, attempt to cause, or bring about any public demonstration or disturbance in any District park or recreation area. No person shall conduct his/herself so as to unreasonably distract or disturb others in the peaceful enjoyment of any District park and recreation area or program. 2. No person shall deface, destroy or damage any District park and recreation area or the improvements thereon, or waste material or supplies provided for the comfort of the general public. 3. No person shall pick, injure, dig, probe or remove any vegetation, mineral or material of any District park -or recreation area except by written authorization by the Executive Director or their designee. • 4. No person shall deposit, dump, place or leave any rubbish, garbage, or refuse of any type in any District park or 'recreation area. Refuse, garbage or litter resulting from use of such areas shall be deposited in refuse receptacles provided for such purposes. 5. No person shall wash any clothing or other material or equipment or clean any fish or introduce or place any polluting substance, waste or litter in any lake, stream, spring, pond, swimming or wading pool or fountain in a District park or recreation area. 6. Hitting golf balls is prohibited in District parks unless otherwise posted. 7. Use of metal detectors shall be limited to locating objects on the top of the ground. Digging for objects under the surface is prohibited except by written authorization by the Executive Director or their designee. 8. Use of charcoal briquettes or fires is prohibited in District parks, except by written permission of executive Director or their designee. 9. Use or selling of alcohol in District parks is allowed only under permitted uses and the District may require a certificate of insurance for the activity. 10. Concession sales or distribution of material in District parks will be allowed only by written permission by the Executive Director or their designee. au/0AVZWORD/RULES AND REGULATIONS 5/3/2002 1 11 A/24/02 11:51 FAX 15413885429 BEND PARK AND REC DIST IM 004 11. Canopies and tents are allowed only under permitted use. 12. Large group gatherings are governed by the "Parks Use Guidelines". 13. The Executive Director's designee shall be a Management Employee. H. HUNTING AND FISHING 1. No person shall discharge any firearm, weapon, fireworks or explosives of any type; nor pursue, hunt, trap, molest or capture any wild bird or animal in a District park or recreation area unless authorized by the District. 2. No person shall fish in the waters within a District park or recreation area except those waters specifically designated for such purposes. - III. VEHICLES 1. No motor vehicles shall be operated within any District park and recreation area except: a. On roadways and parking areas specifically designated for motor vehicles. • b. Maintenance vehicles of the District. c. Or by special permit. 2. No person shall ,operate a vehicle carelessly or insuch a manner as to endanger the rights or safety of others. 3. Use of parking areas at District facilities and parks is restricted to users of those sites and limited to a reasonable time, but no overnight or all day parking. IV. ANIMALS 1. No domestic animals shall be allowed upon any District park or recreation area except: a. Dogs on a leash and owner picks up after animal. b. In designated animal use areas. c. Horses on equestrian signed trails only in parks identified for that use. d. By special use permit. DLC/DAVENORD/RULES AND REOULATIONR 5/3/2002 K Ll Ob/24/02 11:50 FAX 15413885429 BEND PARK AND REC DIST IM 003 V. CAMPING 1. No person shall camp overnight in any District park or recreation area except with specific written authorization of the Executive Director. VI. CLOSURES 1. District parks are closed from dusk to dawn unless otherwise posted. VII. EXCLUSION 1. In addition to other measures provided for, violation of the rules and regulations of the Bend Metro .Park & Recreation District or the laws of the State of Oregon, any peace officer, designated park district employee may exclude from all or a part of the district facilities any person who violates any provision of the rules and regulations of the Bend Metro Park & Recreation District or violates any law of the State of Oregon while in a park district facility or program. An exclusion may be delivered verbally or by citation by a peace officer, and/or verbally by a designated District employee, and may be followed up by a letter from the • Executive Director further lengthening said exclusion for a period of time not to exceed 360 days. 2. A person excluded under subsection VII -1 above may not enter or remain upon any part of the park district facilities or programs from which said person is excluded during theperiod of exclusion. An excluded person who enters or remains upon any part of the District park or recreation area/facility from which the person has been excluded is a trespasser and may be arrested and prosecuted for the crime of criminal trespass in the second degree (ORS 164.245). 3. Written notice signed by the Executive Director or designee shall be given to a person excluded from all or part of the park district facilities or programs which notice shall specify the reason for the exclusion, the places and duration of the exclusion and the consequences for the failure to comply with the notice. The exclusion, unless it is an extension of an initial exclusion discussed in subsection VII -1 above, shall commence immediately upon delivery of the notice to the excluded person.. 4. An excluded person may, within 10 days after the commencement of the written exclusion notice, appeal in writing to the Executive Director or the Executive Director's designee for review of the exclusion notice, a request for hearing or request for written review without a hearing and a statement setting forth the reason that the Exclusion is invalid or improper. The Executive Director or designee shall render a decision not later than 10 days after receipt of the appeal unless the excluded person requests a hearing. DLC/DAVENORD/RULES AND R19GUTATIONS 5/3/20D2 3 06/24/02 11:50 FAX 15413885429 BEND PARK AND REC DIST IM 002 • 5. If, as a part of a written appeal, the excluded person requests a hearing, a hearing shall be conducted by the Executive Director or designee within 10 days after receipt of the appeal and a decision shall be rendered within 10 days after the hearing. . 6. At any time during the exclusion, an excluded person may petition in writing to the Executive Director or designee for a temporary waiver of the exclusion. VIII. ENFORCEMENT OF RULES AND REGULATIONS 1. Any peace officer or designated District employee has the authority to refuse entrance to a park district facility and.program, or to require a departure from a park district facility and program. 2. The Executive Director of the District, designated District personnel, as well as all peace officers of the State of Oregon are authorized to issue a citation as provided by Oregon Iaw to any person who violates any provision of the rules and regulations of this District. 3. The Executive Director or any designated employee of the Bend Metro Park & Recreation District, as well as all peace officers, are vested with authority to enforce these rules and regulations. • 4. No person shall interfere with any authorized District personnel in enforcing these rules and regulations. 5. No person shall refuse to leave any District park, recreation area, or program after being directed to leave by a peace officer, Executive Director or any designated employee of the Bend Metro Park & Recreation District. 6. Pursuant to ORS. 266.450, violation of these regulations is a misdemeanor punishable by exclusion; or upon conviction by a fine not to exceed $100.00 or imprisonment not to exceed five days or both. =/0AVLV0RD/ROLZS AM ROMnATIONS 5/3/2001 C7 e. • ,06/24/02 11:49 FAX 15413885429 BEND PARK AND REC DIST IM001 PERMIT POLICIES SPECIFIC TO DRAKE PARK Drake Park is the gem or our park system. Drake Park is a very popular site for quiet recreation pursuits as well as large community events. To maintain a balance of use, and to protect the park and the neighborhood, these guidelines apply to events organized in Drake Park, • Events will only be allowed May through October 15. • A maximum of 6 event days each month can be scheduled, with a maximum of two events/days each week being the limit, in Drake Park. I • The curfew for events is 8:30PM Sunday - Thursday and 9:00 PM Friday - Saturday. We encourage afternoon and early evening events. 2 • Parking for Drake Park events is difficult. Event organizers will be asked to work with City and Park & Recreation District officials on this matter. Specific conditions regarding parking will be attached to each permit by the Park & Recreation District and the City of Bend. • Amplified sound permits may be granted from the City of Bend: Amplified sound may not begin prior to 10:Q0AM and must end at the designated curfews. This includes sound test and set up. Event organizers must comply with city noise ordinances. (Bend Code 5.385) • No vehicles will be allowed in Drake Park without access permits. • A performance deposit will be required for all events hosted in Drake Park. Event sponsors will comply with all park use rules and regulations, and specific permit conditions. Failure to comply will result in the loss of part or all of the performance deposit and the right to receive permits in the future. The Executive Director will review the performance of all event applicants. • Persons wishing to appeal the issuance of a special event permit must submit, in written form, a complaint specific to the event that has transpired after the fact, The District will take such written comment into account prior to issuing subsequent permits for the event. The complaint must be Sled no more than three months after the event takes place The Executive Director will review all complaints. • This policy shall be reviewed annually in October of each year. Adopted: March 3, 1992 Revised. • December 5, 1995 Grandfather_ClauseAmended• April 16, 1996 1 The Cascade Festival of Music was grandfathered under the original policy (March, 1992) as one (1) event. The grandfather clause for the Cascade Festival of Music allows a maximum of seven (7) consecutive event days In Drake Park as the number defined as one (1) event under the grandfather clause. Cascade Festival of Music's use of the park in excess of the seven (7) days as defined in the grandfather clause may be allowed as follows: Each day in excess of the seven (7) consecutive days will be counted as one (1) event day and included In the maximum of six (6) event days allowed each month.under the policy. Z The Cascade Festival of Music may operate until 9:30pm as instituted'by amendment, to the grandfather clause, by the Board of Directors April 16, 1996. 0 C7 k �o A«j AFTER RECORDING RETURN TO: J. BRUCE FORBES PO BOX 250 SISTERS, OR 97759 EASEMENT P « ,— Aesc� �1� aL �) J.BRUCE FORBE"EREBY CREATES AN EASEMENT ON LOT 2 TIMBER CREEK Il FOR THE BENEFIT OF a7 N LOT 1 TIMBER CREEK II AND FOR SOLE PURPOSES OF CONSTRUCTION AND MAINTENANCE OF STRUCTURES AND YARDS. THERE SHALL BE NO FENCES OR ANY OBSTRUCTION PLACED IN A MANNER ON THE DESCRIBED EASEMENT THAT WOULD PREVENT MAINTENANCE ON LOT 1. THE EASEMENT SHALL BE TEN FEET IN WIDTH ALONG THE WESTERLY BOUNDARY OF LOT 2. DATED THIS �DA"Fa � 2002 1 al STATE OF OREGON, COUNTY OF DESCH UES)ss. Personally appeared before me this day J.Bruce Forbes and acknowledged the fore OFFICIAL SEAL DENISE L BAILEY NOTARY PUBLIC -OREGON ' COMMISSION NO.345543 M COMMISSION EXPIRES MAY 3 2005 , the above named to be bis voluntary acts. Public for My commission DESCHUTES COUNTY OFFICIAL RECORDS 2002 19051 MARY SUE PENHOLLOW, COUNTY CLERK • oil 1111111[ijil i$31.00 >< 04/08/200109;28;00 AM D -EAS Cnt■l Stn■3 MARSHA •5.00 111WOO $30.00 $5.00 AFTER RECORDING RETURN TO: J.BRUCE FORBES PO BOX 250 SISTERS, OR 97759 0(A't - RELEASE OF EASEMENT J. BRUCE FORBE 4�'< (HEREB)RELEASE S'�I'HE .' TWELVE FOOT ACCESS EASEMENT ON THE PROPERTY DESCRIBED A,S FOLLOWS: LOT 1 OF TIMBER CREEK II LOCATED AT 895 EAST CASCADE STREET, SISTERS,OR 97759 c 44c70 4-r-QcCU�nry7� CSC'. A, -'f 'p;7 7I P-- 7/ `l ,ov • THE CONSIDERATION FOR RELEASE IS $1.00 DATED THIS ?f%'DAY(0f46Qj2002 FORBES STATE OF OREGON, COUNTY OF DESCH(UTES)ss. Personally appeared before me this -16-8 day or ApJ2002,the above named 3.13ruce Forbes and acknowledged the foregoing instrument be his voluntary acts. Notary PaWic for Oregon P My commission expires: 1ICIAL SEAL F ; NISE L BAILEY NO?IARY PUBLIC -OREGON CL)MMISSION NO. 345543 MY COMMISSION EXPIRES MAY 3 2005 DESCHUTES COUNTY OFFICIAL RECORDS 20�2��90�0 MANY SUE PENHOLLOW, COUNTY CLERK Y 8 I 111111111 $31.00 s m 1 04/08/2002 09:28:00 AM D-EASR Cnlm1 Stna3 MARSHA $6.00 811.00 $20.00 $5.00 s�- DESCHUTE COUNTY ICIAL MARY SUESPEHHOLLQWRCOUNTYRCLERKS 2W2'L�J55 I I I I I IIII�III III $31,00 05/31/200210,50,29 AM D -COT Cnt■l Stns4 SHIRLEY . *21.00 *10.00 *5.00 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Oregon Housing and Community Services P.O. Box 14508 «. Salem, Oregon 97309-0409 SPACE ABOVE FOR RECORDER'S USE Attu: Carole Dicksa RELEASE OF PROJECT USE AGREEMENT FOR OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT'S HOUSING DEVELOPMENT GRANT PROGRAM This Release of a Project Use Agreement for Oregon Housing and Community Services Department's Housing Development Grant Program (the "Release") is made as of May 31 . 2002 by the Oregon Housing and Community Services Department with reference to the following facts: A. Bridgeway Ine./BestCare Treatment Services, Inc. (the "Recipient") and the Oregon Housing and Community Services Department ("Department") executed that certain Project Use Agreement (the "Agreement") dated as of July 26, 1999, recorded in the official records of Deschutes County, State of Oregon, on August 11, 1999 as Recorder's Number 99-39221-6, against the real property located in the City of Bend, Oregon known as Haven House (Project Number X001-112) and more particularly described as 21051 Juniperhaven, legal description as follows: Lot 3, Block 4, REED MARKET EAST, FIRST ADDITION, Deschutes County, Oregon, Tax Lot Number 18 -12 -3 -DC -3300, Serial Number 119487, Code 1-17. B. The Recipient will repay in full to the Department the Housing Development --" Grant in the amount of $7,500. The Department hereby releases the Project Use Agreement from the parcel described above. Approved By: Oregon Housing and Community Services Department By laiLg-j- STATE OF OREGON ) ss: County of Marion ) The foregoing instrument was acknowledged before me this 15,& day of 2002, by Betty Markey who is a Housing Resources Section Manager of Oregon Housing and Community Se ices Department, on behalf of the Department. oA O" O &SEAL stMN BARRY NOTz t doAs" ON NO. �� 2006 MY COMMISSION SIMM SEPT m � Notary Public for the Sta o Oregon My commission expires: 9/6/0S- s 1 RECORDING COVER SHEET THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR • RECORDING (ORS 205.234). ANY ERRORS IN THIS COVER SHEET DO NOT AFFECT THE TRANSACTIONS 1l CONTAINED WITHIN THE DOCUMENT. County Filing Index - Deeds Recording Authority - Redmond Code Section 1.500 Requires Recording of a documents with the Deschutes County Clerk (Ordinance Number 2001-13) A. Title of Document: Bargain and Sale Deed Property located at: A parcel of land containing 0.12 acres, more or less, being a portion of Timber Avenue per Partition Plat 1991-39, located in the Northwest One -Quarter of the Southeast One -Quarter (NW1/4SE1/4) of Section 19, Township 15 South, Range 13 East, Willamette Meridian, City of Redmond, Deschutes County, Oregon. B. Names of First Parties: One Property Owners, as listed: Mike and Judith Patrick 4_e� Names of Second Parties: City of Redmond, Oregon C. Name and address of person authorized to receive the instrument after recording: • City Recorder's Office PO Box 726 Redmond OR 97756-0100 n t=v G 0 G:\DOCUMENT\RECORDS\FORMS\RcrdpCvr.wpd MARY SUESCOUNTY P NHOLLOM,FICIAL 000NTYRCLERKS 202,262M M1I II ILI U1 11111111111 $46,40 0 M0 -D Cnts3 StnsZ TRACY 06/14/2002 09:38:23 $20.00 $13.00 $10.00 S5.00 AFTER RECORDING, RETURN TO: •Steven D. Bryant Bryant, Emerson & Fitch PO Box 457 Redmond OR 97756 MAIL TAX STATEMENTS TO: Mike and Judith Patrick 2545 SW 41" Street Redmond, OR 97756 BARGAIN AND SALE DEED CITY OF REDMOND, Grantor, grants, bargains, sells and conveys unto MIKE and JUDITH PATRICK, Grantee, subject to the reversion interest set out below, an undivided interest in certain real property, situated in the county of Deschutes, state of Oregon, as shown on the attached map that is incorporated into this deed, and as more particularly described as follows: A parcel of land containing 0.12 acres, more or less, being a portion of Timber Avenue per Partition Plat 1991-39, located in the Northwest One -Quarter of the Southeast One -Quarter (NW 1/4 SE 1/4) of Section 19, Township 15 South, Range 13 East, Willamette Meridian, City of Redmond, Deschutes County, Oregon, being more particularly described as follows: Beginning at the intersection ofthe southerly 30.00 foot right-of-way line of Timber Avenue and the westerly 30.00 foot right-of-way line of 41" Street per said Partition Plat 1991-39; thence along said southerly 30.00 foot right-of-way line of Timber Avenue North 89° 36'33" West a distance of 261.94 feet; thence leaving • said southerly right-of-way line around a 330.00 foot radius non -tangent curve left 141.80 feet (chord bears North 78° 04'5 1 " East, 140.71 feet) to a point on the centerline of said Timber Avenue; thence along said centerline, South 89 ° 36'33" East a distance of 123.38 feet; thence around a 170.00 foot radius non -tangent curve right 16.46 feet (chord bears South 02° 55'48" East, 16.45 feet); thence South 00° 09' 22" East a distance of 13.57 feet, to the "Point of Beginning", the terminus of this description. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. This instrument will not allow use of the property described in this instrument in violation of applicable land use laws and regulations. Before signing or accepting this instrument, the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses and to determine any limits on lawsuits against farming or forest practices as defined in ORS 30.930. The true and actual consideration for this conveyance consists of or includes other property or value given or promised which is the whole of the consideration. Page -1- Bargain & Sale Deed BRYANT, EMERSON & FITCH G:\WP51 \SDB\Cities\Rednwnd\PublicWorks\MajesticRidge\B&SDeedPatrick.wpd ATTORNEYS AT LAW 899 WEST EVERGREEN AVENUE P.O. BOX 457 REDMOND. OREGON 97756-0103 TELEPHONE (541) 548-2151 FAX (541) 548.1895 In the event that the right of way shown on the Plat filed with the City of Redmond Community Development File • No. SUB01-11 are not dedicated within 90 days of the date of this Deed, this property shall revert to the City of Redmond. DATED this 9* day of April, 2002. • CITY OF REDMOND 3 &'Xt- B ' . JO ANNE SUTHERLAND STATE OF OREGON ) ) ss. County of Deschutes ) April 9, 2002 Personally appeared the above-named JO ANNE SUTHERLAND, the City Manager of the City of Redmond, and acknowledged the foregoing BARGAIN AND SALE DEED to be the voluntary act and deed of the CITY OF REDMOND. Notary Public egon NANCY BLANKENSHIP Mycommissionexpires: NOTARY PUBLIC- OREGON COMMISSION NO.330292 MY COMMISSION EXPIRES FEB 22, 2004 Page -2- Bargain & Sale Deed G:\WP51\.SDMities\Redmond\PublicWorks\MBjesticRidge\B&SDoedPatrick.wpd BRYANT, EMERSON & FITCH ATTORNEYS AT LAW 888 WEST EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97758-0103 TELEPHONE (541) 548.2151 FAX (541) 548.1 B95 t r Cl TY OF REDMONO PROPERTY EXCHANGE LOCATED IN. NW1/4 SE114 OF SEC77ON 19, T15S, R13E, W.M., 1 CITY OF REDMOND, DESCHUTES COUNTY, OREGON CENTER 1/4 DARN P.O.B. 30.96' � V 1 � R=330.00'L-141.80' 60s % Tan --7201' A-243712' Y AREA 70 ... , �► QHD=178194'51 "E Y KOTARA 30 14Q 71' R-170.00' AREA TOL-16.46' KOTARA S89'36'33"E Ton -&24' 12338' A-5'32'63" 30' CID• 045' ,48T `O >7TTAaX T 1�j1 �LG-Z- I S05105221E 175.21' R-180.00' L-57.72' Ton -29.11' A=1872'20" CID—N1476'32'W 57.47' 261.94' 500199'220E 1.157' AREA TO PATRICK = 200 REGISTERED PREPARED BY..• PROFESSIONAL LAND SURVEYOR Milk Buns pPm W NOXI" l/OMAiS do ASSOCIATES INC 606 SW A�US1ML WAY. PAIr 14 WC, OR OrM-1097 DAVID k WILLIAMS NOW (a4q -M1 FAX (641) a66-6416 .�. EXPIRES1 20 JUNE, 2002 0f0502KOT—PAT�YWlY • 0 pESCFWTES COUNTY OFFICIALRECORDS M -M ARY MSUE PEM MOM, COUNTY CLERK LL1 e-1IINIIIIIIII $31,00I - 001101=412:33;34 IM D-AfiS> Cntw1 St.n■4 TRACY .Sb�06 4$11.00 $10.00 $5.00 S DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. 0 0 RELEASE AGREEMENT OF CONTRACT "Owned By Those We Serve" Know All Men by These Presents, that Kidstate Electric Cooperative, Inc, the undersigned, having contracted withl��'t I� iOm Q. iisbi onNbyemheax' aT85 to provide electric service to real property described as: Section 3%4 Township a O Range EWM Portion Lot Block Subdivision K 4er(' and recorded in County onF_kjbnrr.�!_3 198[0 Volume and Page $�" 3 - in the State of Oregon--,.. now `desires to release all liens and rights to lien which'MeAted or may accrue by virtue of said contract and execute this document as evidence thereof: Now, Therefore, Midstate Electric Cooperative, Inc, the undersigned, in view of the premises and in consideration of Dollars (s — ) which has been paid by ASH111 the receipt of all of which hereby is acknowledged, hereby releases any.and all liens, claims of lien and rights to lien on the above described real property in connection with the above referenced contract only. �-q-tom. L11 rinla�U fl _k Date M STATE ELECTRIC COOPERATIVE, INC. STATE OF OREGON County of Deschutes Personally appeared before me,! , A' "'& acting as a representative for MIDSTATE ELECTRIC COOPER TIVE, INC., a Corporation, and that the instrument was signed and sealed in behalf before me: 9OFFICIAL SEAL SHELO MIESEN e/L� JJ jUj NOTARY PUBLIC -OREGON CoMMISSIO NO.33zs90 NOTARY PUBLI FOR OREGON MY COMMLS£dUN7, 2004. My Commission Expires: 7-0 51340 N Highway 9715 VRFr.ON AVENUE, BINDPO Box 127 La Pine OR 97739 541-536-2126 800-722-7219 FAX 541-536-1423 r� LJ 4-0 4/30/2002 09:03 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 541-3850988 Jonathan G. Basham, OSB # 90038 2542 NE Courtney Drive, Suite 200 Bend, OR 97701 (541) 385-0914 Attorney for Michael Earl Deaton JONATHAN G BASHAM �PAGE 03 CLERK, U.S. 8ANKRUPTCY COURT DISTRICT OF OREGON V_,A— APR - 8 2002 LQMEC �Vj �V� ____ PAID DOC `l IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF OREGON Michael Earl Deaton, ) Case No. 301-39653-rld13 ORDER SETTING ASIDE FORECLOSURE SALE Debtor. ) The debtor, by and through his attorney Jonathan G. Basham, and Gilbert L. Wiersch, by and through his attorney Nancy A. Bornenum, having stipulated to entry of this Court's Order setting aside the post-banicuptcy petition foreclosure sale by Gilbert L. Wiersch conducted on October 12.2001 and vacating the trustee's deed recorded in Deschutes County, Oregon Official Records in Book 2001 page 50637 on October 16, 2001, such foreclosure and trustee's deed relating to the following real property located in Deschutes County, Oregon: Lots Seventeen (17), .E' hteen .(18), Nineteen (19), Twenty (20), Tweety-One- ' (21), Twenty -Two (22), Twenty -Three (23), and, Twenty -Four (24), Block Thirty - Nine (39) HILLMAN ADDITION, Terrebonne, Oregon; and the parties having stipulated that such post -bankruptcy petition foreclosure is void pusuant to 11 USC § 362(.a). but that such foreclosure was conducted without knowledge of the pending bankruptcy case; now, therefore, 1 Page 1 ORDER SETTING ASIDE FORECLOSURE SALE JONATHAN G.BASHAM ATTORNEY AT LAW ZS42 NE 0W%W Wft Suits 200, Beed. Oregon 97701 (541) NSM14 D4/30/2002 09:03 541-3850988 JONATHAN G BASHAM PAGE 04 r 1 � IT IS HF PI'- 13X ORDERED that the foreclosure sale conducted on October 12, 2001 with 2 respect to a certain I rust Deed executed by the debtor, Michael E. Deaton, as grantor in favor of 3 Gilbert L. Wiersch., ;1� beneficiary, and recorded on June 20, 1996 in Book No. 413 at page 1518 4 of the Deschutes County records ("Trust.Deed"), is declared to be void as it relates to the 5 following real property located in Deschutes County, Oregon: 6 Lots Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty -One 7 (21), Twenty -Two (22), Twenty Three (23), and Twenty -Four (24), Block Thirty - Nine (39) HILLMAN ADDITION, Terrebonne, Oregon 8 (the "Real Property" ); and it is further 9 ORDER H t that the trustee's deed relative to the foregoing foreclosure sale of the Trust 10 Deed, recorded on October 16, 2001 in Deschutes County Official Records in Book 2001 page 11 50637, is hereby vm:ated as it relates to the Real Property. The Trust Deed together with the 12 promissory note it secures shall be deemed to be in full force and effect as if the foreclosure sale . 13 had not occurred; and it is further 14 ORDERED that the Clerk of Deschutes County and the Deschutes County Assessor shall 15 cause their records to reflect the effect of this Order. 16 17 $ Bankruptcy Court Judge 19 �\ 20 1\ 21 22 11 23 \\ 24 \\ 25 \\ 26 �\ • Page 2 ORDER SETTING ASIDE FORECLOSURE SALE JONATHAN G,BASHAM ATTORNEY AT LAW 2542 NE CmWM Dr *, Sint 200.6W. Ore M 97701 (5411 x&40814 34/30/2002 09:03 541-3850988 JONATHAN G BASHAM PAGE 05 • 1 Presented by: 2 3 4 nat an G. as g # g homey for Debtor 5 6 Ilk VOGM-emF—iii�,-UW7-8152 PUTATED: 1 ilbert L, Wiersch 11 12 13 14 15 16 cc: US Trustee Rick Yarnall 17 Jonathan G, Basham Nancy A. Borneman 18 19 20 21 22 23 24 25 26 • Page 3 ORDER SETTING ASIDE FORECLOSURE SALE JONATHAN G. BASHAM ATTOMY AT UW 2542 NE Cow" Cie, Sub 200, Bbd, 0mgm SMI (S1l 19b -W 4 .,84/30/2002 09:03 541-3850988 JONATHAN G BASHAM PAGE 02 NOTICE OF REINSTATEMENT Grantor: is Gilbert L. Wiersch 1035 SE Algonquian Loop Prineville, OR 97754 Grantee: Michael E. Deaton PO Box 394 Terrebonne. OR 97760 • Until a change is requested all tax statements shall be sent to the following address: Michael E. Deaton PO Box 394 Terrebonne, OR 97760 After recording, return to: Jonathan G. Basham 2542 NE Courtney Drive, Suite 200 Bend, OR 97701 STATE OF OREGON County of Deschutes) ss. I cartify that the within Instrument was received for record on the day Of , 2002, at o'clock M., and recorded in book/reel/volume No. on page and/or as fee/fileAnstrument/mloroflim/reception No. , Record of of said county, Witness my hand and seal of County affixed. Name Title 8y , Deputy. Notice is hereby given that, pursuant to a stipulation between Gilbert L. Wiersch and Michael E. Deaton, the United States Bankruptcy Court for the District of Oregon, Case No. 301-39653-rld13, has set aside that certain foreclosure sale by Gilbert L. Wiersch conducted on October 12, 2001 and vacated the trustee's deed recorded in Deschutes County, Oregon Official Records in Book 2001 page 50637 on October 16, 2001, such foreclosure and trustee's deed relating to the following real property located in Deschutes County, Oregon: Lots Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty -One (21), Twenty - Two (22), Twenty -Three (23), and Twenty -Four (24), Block Thirty -Nine (39) HILLMAN ADDITION, Terrebonne, Oregon (hereinafter the "Real Property"), Attached hereto and incorporated by reference herein is a true and correct copy of the United States Bankruptcy Court's Order. As a result, Michael E. Deaton is again vested in fee title to the Real Property under the deed recorded on June 20, 1996 in Book No. 413 at page 1517 of the Deschutes County records, and the trust deed recorded on June 20, 1996 in Book No. 413 at page 1518 of the Deschutes County records is reinstated. ONATHAN G. BASHAM, OSB# 90038 Attorney for Michael E. Deaton STATE OF OREGON; County of Deschutes) ss. This Instrument vv�ts acknowledged before me on day of April. 2002, by Jonathan G. Basham. OFFICIAL SEAL DONNA J SMITH Tyc y( NOTARY PUr3LIC-ORt:CiAN y;J :OMMISSION N0.320499 Notary Publ or Oregon / of + ` N i"KF'IHF.SFL?8.4, 2003 My commission expires: --Z Ly Abl/30/2002 09:03 541-3850988 JONATHAN G BASHAM JONRTHRN G. B0SHRM iltlorill� it law 2542 NE Courtney Dr., Suite 200 - Bend, Oregon 97701 lel (641) 385-0914 - Fox (541) 385 -MBS FAX COVER SHEET DATE Vl -%alp 2. TO U�-t.� _ ✓3? ¢rte -•ice- v � ��.�- FROM Jonathan G. Basham ke-4-4-c- /,o, - Number of Pages: (including wvc: 1, ) ORIGINAUCOPY WILL NOT BE SENT ORIGINAL/COPY WILL FOLLOW MY U.S. MAIL PERSONAL & CONFIDENTIAL PAGE 01 The information contained in this facsimile message is ATTORNEY PRIVILEGED AND CONFIDRNTIAI. INFORMAUON it)(ondcd only for the use of the individual or entity named herein. If the reader of this message is not the intended recil)icr.t an tBe employee or agent responsible for delivering it to the intended recipient, you are hereby notified that nay diNSentinatlon, distribution or copy of this communication is strictly prohibited, If you have received this communication in error. please immediately notify us by telephone and return the original message to us at the Bend, Oregon addre.. pncn shove via the United States Postal Service. Thank -you, Please contact ?on-na , at the above number if you had any trouble receiving this transmission. Thank you. RECORDED BY WESTERN TITLE & ESCROW CO. Title Order No. 192709 - Escrow No. 1407 -09 - After recording return to: Zagt Excavation Inc. 19911 McClellan Rd. Bend, OR 97702 Name ddress Zi Untit a change is requested all tax Istatements shall be sent to the following address. Zagt Excavation Inc. 19911 McClellan Rd. Bend,OR 97702 Name, Address, Zip rARY SSTES COUNTY WCOUNTYICIAL R IIEPENWUOCLEIM ONO M1111jujiggglijil 111111111 $41.00 03/1812002 03:22:06 PM D-0 Cntsl Stnd M$HA 1016.00 $11.00 $10.00 16.00 STATUTORY WARRANTY DEED /also known as Helen Kathryn Hodge Kathryn Hodge and Nancy Beekman, with right of survivorship, Grantor, conveys and warrants to Zagt Excavation, Ina., an Oregon Corporation, Grantee, die following described real property free of encumbrances, except as specifically set forth herein situated in Deschutes county, OREGON, to wit: Lot 18, Block A, DESCHUTES RIVER RECREATION HOMESITES, EXTENSION TO UNIT ONE, Deschutes County, Oregon. This property is free from encumbrances, EXCEPT: All those items of record, if any, as of the date of this deed, including any real property taxes due, but not yet payable. Deeds are signed in counterpart but are to be construed as one document. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING • THIS INSTRUMENT, THE PERSON ACQUIRING FEB TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $22, 500. 00 (Here comply with the requirements of ORS 93.030) Dated this _ 13 day of --A a.,�J _ , 20_La. pa. Kathryn Hodge Nancy Bee • STATE OF , County of ) ss. This instrument was acknowledged before me on March 02 by Notary Public for My commission expires STATE OF , County of ) ss. This instrument was acknowledged before me on March 02 by Notary Public for My commission expires ll dna- Title Order No. 142709 -JH Escrow No. 142709 -JH After recording return to: Zagt Excavation Inc. 19911 McClellan Rd. Bend, OR 97702 Nance, Address, Zip Until a change is requested all tax statements shall be sent to the following address. Zagt Excavation Inc. 19911 McClellan Rd. Bend,OR 97702 Name, Address, Zip space reserved for recorder's use STATUTORY WARRANTY DEED Kathryn Hodge and Nancy Beekman, with right of survivorship, Grantor, conveys and warrants to Zagt Excavation, Inc., an Oregon Corporation, Grantee, the following described real property free of encumbrances, except as specifically set forth herein situated in Des chutes county, OREGON, to wit: Lot 18, Block A, DESCHUTES RIVER RECREATION HOMESITES, EXTENSION TO UNIT ONE, Deschutes County, Oregon. This property is free from encumbrances, EXCEPT: All those items of record, if any, as of the date of this deed, including any real property taxes due, but not yet payable. Deeds are signed in counterpart but are to be construed as on document. TRIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR ACCEPTING • THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $22, 500. CO. (Here comply with the requirements of ORS 93.030) Dated this I LI day of nil r C, Ik 20 /M . Kathryn Hodge Nancy Beekma 5 �ou1T'' STATE OFW Q S �nryof `0- � Q ) as. This instrument wasAcknowledged before me on March �'Pt N G,F9i a�,a " !�Q ��.+eg10H bhp �G cri OjpRY 'A SN1e 1.0 L' Notary Public for n My commission expires County of ) ss• instrument was acknowledged before me oil March Notary Public for My commission expires 02 J -j- 02 r 02 • • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On W4641.1% 2002 before me,— o��A �„s, AAk,, Date Name and TRIe of fiver (e.g., Jane Doe, olaryublic") personally appeared lip -i to Kdtelll vh HaAal� _T Name(a) igner(s) R proved to me on the basis of satisfactory evidence to be the person(4 whose name(j) is/pode subscribed to the within instrument and acknowledged to me that lag/she0a? executed the same in Wa(her/tt e&O authorized capacity(LW, and that by jyiafher/tOwt signatureoyon the instrument the personal, or RHODA THOMPSON the entity upon behalf of which the person(s) Commission #1326407 acted, executed the instrument. Notary Public a California Tuolumne Coun12 y Mar Comm. ixplree Oct. 22 2005 WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title 1 Title or Type of Document: �r1e71SV�1f�1 U1tLr+ -ixeoA Document Date: 3 - 13 - 0.1 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual WRIMM Top of thumb Here 11Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 National Notary Aaaociatlon • 9359 De Sao Ave., P.O. Box 2402 - CUtsworpt, CA 91313-2402 • w .natlonalnolary.org Prod. No. $907 Reorder. Call Toil -Free 1400-8764827 RECORDATION REQUESTED BY: DESWMS COUNTY ZCZL MRRYY SM P& MOLLOMFRCOUNTY CLERKS -107 �OO�I��ObLWI�II"L��I311111111 $96 W "-IDT cnoal Sena~ 03�14/200210;31:l1 AM $70,00 $11.00 •10.00 $0.00 Bend, OR 97109 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY Bank,&the Cascades LINE OF CREDIT INSTRUMENT LINE OF CREDIT DEED OF TRUST. (A) This Deed of Trust Is a LINE OF CREDIT INSTRUMENT. (B) The maximum principal amount to be advanced pursuant to the Note Is $236,776.00. (C) The term of the Note commences on the date of this Deed of Trust and ends on February 25, 2003. (D) The maximum principal amount to be advanced pursuant to the Note may be exceeded by advances necessary to complete construction of previously agreed upon improvements on the Real Property. Cp 19.29% THIS DEED OF TRUST la dated February 25, 2002, among AMERICAN EXCHANGE SERVICES, as to a X1741 % undivided Interest, whose address Is 1501 AST MCANDREWS ROAD, MEDFORD, OR 97504 and JAMES MASSEY and LESLEE BANGS, as to a��{rdivided Interest, whose address Is PO BOX 3500, SISTERS, OR 97769 ("Grantor"); Bank of the Cascades, oaabb address Is Main Branch, 1100 NW Wall StJPO Box 369, Bend , OR 97709 (referred to below sometimes as "Lender" and sometimes as "Beneficlary"); and AmeriTitle, whose address is PO Box 762, Bend, OR 97709 (referred to below as "Trustee"). Conveyance and Grant. For valuable consideration, represented In the Note dated February 26, 2002, In the original principal amount of $236,776.00, from Borrower to Lender, Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and Interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights pnduding stock in utilities with ditch or Irrigation rights); and all other rights, ro alties, and profits relating to the real ropey Includingwithout limitation all minerals, oil, gas, geothermal and similar matters, (the "deal t�roperty") located In DESCHURS County,tate of Oregon: LOT FORTY—SIX (46), NORTHWEST CROSSING, PHASE 1, DESCHUTES COUNTY, OREGON, The Real Property or Its address Is commonly known as NOT YET ASSIGNED, BEND, OR 97701. Cross -Collateralization. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus Interest: thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or Indirect, determined or undetermined, absolute or contingent, liquidated or unllquldated whether Borrower or Grantor may be liable Individually or jolnlly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable, Future Advances. Specifically, without limitation, this Deed of Trust secures, In addition to the amounts specified In the Note, all future amounts Lender In Its discretion may loan to Borrower, together with all Interest thereon. Grantor presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Grantor's right, title, and Interest In and to all present and future leases of the Properly and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest In the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Grantor's Representations and Warranties. Grantor warrants that: (a) this Deed of Trust Is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter Into this Deed of Trust and to hypothecate the Properly: (c) the provisions of this Deed of Trust do not conflict with, or result In a default under any agreement or other Instrument binding upon Grantor and do not result In a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis Information about Borrower's financial condition; and (6) Lender has made no representation to Grantor about Borrower (Including without limitation the creditworthiness of Borrower). Grantor's Waivers. Grantor waives all rights or defenses arising by reason of any "one action" or "anti --deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, Including a claim for deficiency to the extent Lender Is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. Payment and Performance. Except as otherwise provided In this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as It becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. Possession and Maintenance of the Property. Borrower and Grantor agree that Borrower's and Grantors possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (a) remain In possession and control of the Property; (b) use, operate or manage the Property; and (c) collect the Rents from the Property, The following provisions relate to the use of the Property or to other limitations on the Property. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. After recording, return to Amerititie 15 OREGON AVENUE, BEND Bank of the Cascades Main Brtncll 1100 NW Wu:! SUPO Box 369 I* Bend, OR 117709 WHEN RECORDED MAIL TO: Bank of the Cascades Main Branch 1100 NW Wall StJPO Box 369 DESWMS COUNTY ZCZL MRRYY SM P& MOLLOMFRCOUNTY CLERKS -107 �OO�I��ObLWI�II"L��I311111111 $96 W "-IDT cnoal Sena~ 03�14/200210;31:l1 AM $70,00 $11.00 •10.00 $0.00 Bend, OR 97109 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY Bank,&the Cascades LINE OF CREDIT INSTRUMENT LINE OF CREDIT DEED OF TRUST. (A) This Deed of Trust Is a LINE OF CREDIT INSTRUMENT. (B) The maximum principal amount to be advanced pursuant to the Note Is $236,776.00. (C) The term of the Note commences on the date of this Deed of Trust and ends on February 25, 2003. (D) The maximum principal amount to be advanced pursuant to the Note may be exceeded by advances necessary to complete construction of previously agreed upon improvements on the Real Property. Cp 19.29% THIS DEED OF TRUST la dated February 25, 2002, among AMERICAN EXCHANGE SERVICES, as to a X1741 % undivided Interest, whose address Is 1501 AST MCANDREWS ROAD, MEDFORD, OR 97504 and JAMES MASSEY and LESLEE BANGS, as to a��{rdivided Interest, whose address Is PO BOX 3500, SISTERS, OR 97769 ("Grantor"); Bank of the Cascades, oaabb address Is Main Branch, 1100 NW Wall StJPO Box 369, Bend , OR 97709 (referred to below sometimes as "Lender" and sometimes as "Beneficlary"); and AmeriTitle, whose address is PO Box 762, Bend, OR 97709 (referred to below as "Trustee"). Conveyance and Grant. For valuable consideration, represented In the Note dated February 26, 2002, In the original principal amount of $236,776.00, from Borrower to Lender, Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and Interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights pnduding stock in utilities with ditch or Irrigation rights); and all other rights, ro alties, and profits relating to the real ropey Includingwithout limitation all minerals, oil, gas, geothermal and similar matters, (the "deal t�roperty") located In DESCHURS County,tate of Oregon: LOT FORTY—SIX (46), NORTHWEST CROSSING, PHASE 1, DESCHUTES COUNTY, OREGON, The Real Property or Its address Is commonly known as NOT YET ASSIGNED, BEND, OR 97701. Cross -Collateralization. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus Interest: thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or Indirect, determined or undetermined, absolute or contingent, liquidated or unllquldated whether Borrower or Grantor may be liable Individually or jolnlly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable, Future Advances. Specifically, without limitation, this Deed of Trust secures, In addition to the amounts specified In the Note, all future amounts Lender In Its discretion may loan to Borrower, together with all Interest thereon. Grantor presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Grantor's right, title, and Interest In and to all present and future leases of the Properly and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest In the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Grantor's Representations and Warranties. Grantor warrants that: (a) this Deed of Trust Is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter Into this Deed of Trust and to hypothecate the Properly: (c) the provisions of this Deed of Trust do not conflict with, or result In a default under any agreement or other Instrument binding upon Grantor and do not result In a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis Information about Borrower's financial condition; and (6) Lender has made no representation to Grantor about Borrower (Including without limitation the creditworthiness of Borrower). Grantor's Waivers. Grantor waives all rights or defenses arising by reason of any "one action" or "anti --deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, Including a claim for deficiency to the extent Lender Is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. Payment and Performance. Except as otherwise provided In this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as It becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. Possession and Maintenance of the Property. Borrower and Grantor agree that Borrower's and Grantors possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (a) remain In possession and control of the Property; (b) use, operate or manage the Property; and (c) collect the Rents from the Property, The following provisions relate to the use of the Property or to other limitations on the Property. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. After recording, return to Amerititie 15 OREGON AVENUE, BEND DEED OF TRUST Loan No.. 5095110 (Continued) Page 2 Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (a) During the period of Granloes ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (b) Grantor has no knowledge of, or reason t • except as previously disclosed to and acknowledged by Lender in writing, (1) any breach or violation been, 0 any Environmento believe that there heal hews, s s any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance Environmental under, about or from the Property by any prior owners or occupants of the Property, or (III) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender In writing, (1) neither Grantor no any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (11) any such activity shag be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without Ilmltallon all Environmental Laws. Grantor authorizes Lender and Its agents to enter upon the Property to make such Inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due genoe In Investigating the Property for Hazardous Substances. Grantor hereby (a) releases and waives any future claims against dlli inst Lender for Indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to Indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, andexpenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or Interest In the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, Including the obligation to Indemnity, shag survive the payment of the Indebtedness and the satisfaction and reconveyance of the Ilan of this Deed of Trust and shall not be affected by Lender's acquisition of any Interest In the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of Or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soll, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to Inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliants with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter In effect, of all governmental authorities applicable to the use or occupancy of the Properly, Including without limitation, the Americans With Dlsablllties Act. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender In writing prior to doing so and so long as, In Lender's sole opinion, Lender's Interests In the Property are not Jeopardized. Lender may require Grantor to post adequate security or a surely bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty 10 Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts. In addition to those acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to beused to construct or complete construction of any Improvements on the Property, the Improvements shall be completed no tater than the maturity date of the Note (or such earlier data as Lender may reasonably establish) and Grantor shall pay In fug all costs and expenses In connection with the work. Lender will disburse lof oan proceeds under such terms and conditions as Lender may deem reasonably necose of material suppliers essary to Insure that the Interest created by • otlherr things, thattdisbulhave rsement requetsover be supported by recelpted bills, expense affidavits, Waivers of lions. constructionnd workmen. Lender aprrogress reports,among and such other documentation as Lender may reasonably request. Due on Sale - Consent By Lender. Lender may, at Lender's option, declare Immediately due and payable all sums secured by this Deed of Trust or transfer" means thater without Lender's conveyance of Real Property rior fen or any right, titie of all Interest n pad the the Prarty;Property, et any Interest In the Real Property. A "sale voluntary or Involuntary; whether by outright sale, deed, Installment sale contract, land contrac�contract foher l deed, easehold Inteneficial or ertestbwith aete term greater than three (3) years, (ease -option contract, or by sale, assignment, or transfer of any beneficial Interest In or to any land trust holding title to orthe Real Property, or by any other method of conveyance of an Interest In the Real Property. If any Grantor is a corporation, Partnership or limited limited ability compaar also Includes ny Interests, as the case may be, of suce In h Grantor. of more han However, this ofive ption percent shall not be of he voting stock, exercised by ender If such interests exercise Is prohibited by federal law or by Oregon law. Taxes and Liens. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: rantor when due (and In to and sewer]linesnd Impositions a ed against ior onlacccournt of the Property, and shall Pay when due assessments, c alms fa work(idonue Ion orforwater services rendered or material furnished to the Property. Grantor shag maintain the Properly free of all lien having priority over or equal to the Interest of Lender under this Dead of Trust, except for the Ilan of axes and assessments Deed of Trust. not due and except as otherwise provided In this Right to Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation to pay, so long as Lender's Interest In the Property Is not Jeopardized, if a Ilan arises or Is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the gen arises a, If a Ilan s filed, within fifiean It 6) days after Grantor has notice of the filing, secure the discharge of the lien, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the Ilan plus any toss and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the Ilan. In any contest, Grantor shall defend Itself and Lender and shall satisfy any adverse Judgment before enlacement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes a asse authorize The appropriate governmental ofssments and shall ficial to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, If any mechanic's tion, malerlalmen's Ilan, or other len could be asserted on account of the work, servlees, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. Property Damage Insurance. The following provisions relating to Insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real Property In an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgages clause In favor of Lender. Grantor shall also procure and maintain comprehensive general liability Insurance In such coverage amounts as Lender may request with Trustee and Lender being named as additional Insureds In such lability Insurance policies. Additionally; Grantor shall maintain such other Insurance, Including but not limited to hazard, business Interruption, r reasonably accepablerntoLender and Issued bysurance. as Lender mae ompanyreasonablyor companies arleaso ably acceptable too Lender. Grantor, ues shall be written In frm, amounts, pon requests sof Lender, will deliver to Lender from tlme to time the pgUgles or certificates of Insurance In form satisfactory to Lender, Including stipulations that . coverages will not be cancelled or diminished without at least ten (10) days prior written noUce to Lender. Each Insurance policy also shall Include an endorsement providing that coverage In favor of Lender will not be Impaired In any way by any not, omission or default of Grantor or any other person. Should the Real Property be located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, within 45 days after notice Is given by Lender that the Property Is located In a special flood hazard area, for the fuit unpaid principal balance of the loan and any prior 0 ` 1 4 , ,iet;ORDATION REQUESTED BY: Bank of the Cascades Main Branch 1100 NW Wail SUPO Box 369 Bond, OR 97709 WHEN RECORDED MAIL TO: Bank of the Cascades Main Branch 1100 NW Wall St. Box 369 Send, OR 97709 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY Bankof the Cascades LINE OF CREDIT INSTRUMENT LINE OF CREDIT DEED OF TRUST. (A) This Deed of Trust Is a LINE OF CREDIT INSTRUMENT. (B) The maximum principal amount to be advanced pursuant 10 the Note Is $236,776.00. (C) The term of the Note commences on the date of this Deed of Trust and ends on February 26, 20133. (D) The maximum principal amount to be advanced pursuant to the Note may be exceeded by advances necessary to complete construc6 1 previously agreed upon Improvements on the Real Property. .29$ THIS DEED OF TRUST is dated February 26, 2002, among AMERICAN EXCHANGE SERVICES, a 96 undivided Interest, address Is 4601 CANDREWS ROAD, MEDFORD, OR 97504 JAMES MASSEY and LES S, as to 'IN Ividad Interest, who" address Is PO BOX 3500, S TERS, OR 97759 ("Grantor"); B of the Cascades, address Is Main Branch, 1100 NW Wall StJPO Box 369, Bend , OR 97709 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and AmerlTitle, whose address Is PO Box 762, Bend, OR 97709 (referred to below as "Trustee"). Conveyance and Grant. For valuable consideration, represented In Ste Note dated February 26, 2007, In the original principal amount of $238,776.00, from Borrower to Lender, Grantor conveys to Trust" for the benefit of Lender as Boneaclary all of Grantor's right, title, and Interest In and to the following described real properly, together with at existing or subsequently ereoted or afPored buildings. Improvements and Podures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (Including stock In utilities with ditch or Irrigation rights); and all other r�hts, r Ides, and profits relating to the real Including without lfmitallon all minerals, oil, gas, geothermal and similar metiers, (the "Real roperty") located In DESCHU�ounty, state of Oregon: LOT FORTY-SIX (46), NORTHWEST CROSSING, PHASE 1, DESCHUTES COUNTY, OREGON. The Reel Properly or Its address is commonly known as NOT YET ASSIGNED, BEND, OR 97701. Cross-ColleterNl=allon. In addition to the Note, this Deed of Trust secures ail obligations, debts and liabilities, plus Interest ttxrrson, of Borrower to Lender, or any one or more of them, as well as all calms by Lender against Borrower or any one or more of them, whether now erdsting or hereafter arlsing, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or Indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Grantor may be liable individually or Jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Future Advances, Speolfl a ty, without limitation, this Deed of Trust secures, in addition to the amounts specified In the Note, all future amounts Lender In Its discretion may ban to Borrower, together with all Interest thereon. Grantor presently assigns to Lender (also known as Bensticiary In this Deed of Trust) all of Grantor's right, title, and Interest In and to an present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Under a Uniform Commercial Code security Interest In the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE REN78 AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS TINDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENT8 AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST 18 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Grantor's Representations and Warrantl". Grantor warrants that: (a) this Deed of Trust Is executed at Borrower's request and not at the request of Lender, (b) Grantor has the full power, right, and authority to enter Into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other Instrument binding upon Grantor and do not result In a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis Information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (Including without imitation the creditworthiness of Borrower} Grantor's Walvere. Grantor wolves all rights or defenses arising by reason of any "ons action" or "anti-de8clency' law, or any other law which may prevent Lander from bringing any action against Grantor, Including a olalm for deMdency to the extent Lender is otherwise entitled to a claim for deflclency, before or after Lender's commencement or completion of any foreclosure action, eltlsr judicially or by exercise of a power of sale. Payment and Performance. Except as otherwise provided in this Dead of Tent. Borrower shelf pay to Lender all Indebtedness secured by this Deed of Trust as If becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. Possession and Maintenance of the Property. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (a) remain In possession and control of the Property; (b) use, operate or manage the Property; and (c) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Properly. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS . INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PUNNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. DEED OF TRUST Pape 2 Loan No: 5095110 (Continued) Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (a) During the period of Grantor's ownership of the Property, then has Mon no use, generation, manufacture, storage,:ta treatment, disposal, owledge of, an ase or threatened release at reason to bailee that the: has beeHazardon, Substance by any person on, under, about o from the Properly: (b) rrxoept as Previously disclosed to and acknowledged by Leder In writing, (0 any breach or violation of any Environmental laws. (U) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, abouany t or from the Property by any pdw owners or occupants of the Property, or (Id) any actual or threatened Udgation or claims of any r kind nn a nor person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Leder In writing, () any tenant, contracts, agent or other authorized user of the Property shag use, generate, manufacture, store, treat, dlapoae Of or release any Hazardous Substance on, under, about or, rom the Property. and (d) any such activity shelf be conducted In compliance with ad applicable federal, state, and local taws, regulations and ordinances. Including andtwithout tests, at G all Environmental Laws, Onntan authorizes Lender to Its agents to enter upon IM Properly to make such Inspections and tests, al Grantors expense, es Lender may doom appropriate determine compliance of the Property with this Seaton of lM Deed of Trust. Any Inspections an tests made by Lender shall be fa Lender's purposes only and shall not be construed to create any responsibility a itsbfilty on the part of Under to Grantor or to any otherfor Hazard us reprose=I and warranties contained herein are based on Grantor's due tfiUpenos in investigating the Property Substances. Grantor hereby (a) releases and waives any future Balms agato Indemnify and helinst Lender for d harmless Lends galrest any ador contribution in the event ail tor becomes Mable for cleanup a other costs under any such laws; and (b) agrees claims, losses, liabilities. damages, penalties. and expenses which Lender may directly a Indirectly sustain a suffer resulting from a breach of lists section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest In the Property whether or not the same was or should have been known to Grants. The provisions of this section of the Dead of Trust, Including the obligation to Indemnify, shag survive the payment of the Indebtedness and the Satisfaction and reconveyanos of the Ilen of this Dead of Trust and shall not be affected by Lander's acquisition of any Interest In the Property, whether by foreclosure an otherwise. ny nuisance nor commit, permit, a stiffer any stripping of a waste on a to Nuisance, Waste. Grantor shah not cause, conduct or perrnit a the Property or any portion of the Properly. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals Qnduding dl and gas), coal, day, scants. sou, gravel or rock products without Lender's prior written consent, without Lender s Arian written Removal of improvements. Grantor shall not demolish or remove any Improvements from the Real Property consent. A Im provements ndowmenb wM mprowmenh improvements. nual Lender de may require Grantor to make arrangements satisfactory to Lender to replLender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times to &pend to Lendoes Interests and to Impact the Real Property for purposes of Grantors compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shad promptly comply with am taws, ordinances. and regulations, now or hereafter In effect, of ad governmental authorities applicable to tie use or occupancy of the Property' Including without imitation, the Americans With Disabilities Act. Grantor mayc contest O orith notifiedsuch rLender in wrldngor nprlan ilio doing so and so long and withhold nas,iin Lender's Sany alo op rdon, Including appropriate appeals,Jeopardized. Lender may require Grantor to pod adequate security a a surety bond, reasonably Lenders Interests In the Property are not satisfactory to Lender, to protect Lenders Interest, naltenrkd IM Property. Grants shall do all other acts, In addition to those Duty to Protect. Grantor agrees neither to abandon or leave u acts set forth above In this section, which from the character and use ct the Property aro reasonably necessary to protect and preserve the Property. Construction Loan. 11 some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property, the improvements shall completed an o later expenses � n the In connectiontywitht the work. Leof the Note ndeor r will earlier dale as Lender may reasonably establish) and Grantor shall pay to Insure that the Interest created by disburse loan proceeds under such tams and conditions as Lender may doom rem necessary ia d workmen. Lender may require, among this Dad ct Trust shag have priority over ag possible Ileus. Including those of materiel slrppUsrs other things, that disbursement requests be supported by realpted bills. expense affidavits, waivers of Dens, construction progress reports. and such other documentation as Lender may reasonably request. Due on Sale - Consent By Lender. Lender may, at Lenders option, declare Immediately due and payable Property, or y interest sums secured by Ihk Dad of Trust a transfer means he conveyance ct Real Prof the ROW operty orrior rrany right, tide a Interesconsent, of 61 or any � the Real Property: whether egal, benefficial he a equittaab ey whether voluntary a Involuntary whether by outright contract, land contract, contract fes deed' leasehold Interest with a term sale, deed, Installment ale grater than thra (3) yeah. lase oPdon conVact, or by cels, assgnment, s transfer of a^Y beneficial rantorr Is Interest la corporation, n Or to any Ipartni partnership or u�mUed the Real Properly, or by any otter method ct eonwyance of an Interest In the Real Property Y ItsblNty company, transfer also Includes any charge In ownership of mane than twenty -Ilea percent IM eating stock, Partnership Interests a Ilmiled dabllity company Interests, u the case may be, of such GraMa. However, tisk optic^ shadag not bb e exercised by Lender lt such exercise k prohlWted by hderai kw a by Oregon law. _ Taxes and liens. TM fallowing Drovisioru retadng to the lazes and Ileus on the Property aro part oft assessments, charges (including water Payment. Grantor shall pay when des (ad ta ad events prior W dedngwrx y) ad faxes' of Trust; special when due all claims for work done on a for and sewer), Unca and Impceltons levled against or on account ct the Property, ad shag pay services rendered or matertai furnished to the Property. Grantor shall maintain the Properly Im of all hens having priority over or squat to the Interest of Under under tisk Deed of Trust, except for the Ilen of taxes and &Sam nts not due and except as otherwise Provided In this Deed of Trust. o Right to Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation to pay, m tong as Lenders Interest In the Property Is not Jeopardized. If a den arks or is died as a result of nonpayment, Grants shall within fifteen (16) days titer the lion arises an, If a gen is filed, within Mean (16) day$ after Grantor has notice of the filing, secure the discharge of the lion, or If requested by Lender, deposit Lender cash a a sufficient corporalo surety bond or other s scurly satisfactory to Leder In an amount sufficient to discharge the den plus any costs and amorneYs' fees. a other charges that could accrue as a result of a foreclosure Or ant sale under the lion. In M Property. Grantor shelf name Lender as acontest, Grantor n shag defend obligee under any surety bonand Shall dfurnkMdadverse he coontesttbefore proceedinngscement against Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes of assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Nolice of Construction. Grants shad notify Lender at Nast fifteen (15) days before any work is commenced, any services are furnished, or any matertats aro supplled to the Property, ff any mechanic's lien, matertslmen's den, or other Ilan could be asserted on account of the work, services, or matartek. OraMa well upon request of Under furrukh to Lender adwnce aauxances Satisfactory to Lender that Grants can and will pay the cost of such Imprownents. operty Damage Inwrance. TM logowinp proviclons relating b IMuring the Properly are a part of tisk Deed of Taut. Pr Malntanance of Insurance. Grants shah procure and rtalntain pouch ct Ike Insurance with standard extended coverage endorsements on a replacement bask for the fuu Insurable value covering all Improwmonts on the Real Property In an amount sufficient to avoid application of any coinsurance otsttse, and with a standard matgaga daua In favor ct Under. Orantar shell also procure and maintain comprehensive general Itabldty Irsurance In such cowrape amounts a Lender may rogwst with Tnuta and Leder being named a additional insureds in such liability Insurance poldes. Additionally, Grantor shad maintain each other Insurance, Including but not limited to hazard, business Interruption, and boller Insurance, as Lender may reasonably require. Poddes shag be written In form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grants, upon request of Lender, will deliver to Lender from limit to time the policies or owtificatat of Insurance In form ad$hotory to Under, Including stipulations that coverages will not be cancelled or diMnkhed without at least ten (10) days price written notice to Under. Each Insurance policy also shall Include an endorsement providing that coverage in favor of Lender will not be Impaired In any way by any act, omission or default Management or any other person. Should the Beat Property be locateantor d in an area designated by the Directs ct the Federal Emergency p Agency as a special flood hazard area, Grants agrees to obtain and maintain Federal Flood Insurance. If available, within 45 days eller notice Is given by Lender that the Property k located In a special flood heard area, la the full unpaid principal balance of IM loan and any prior N-1 : - ' DEEMOF TRUST No: 5095110 (Continued) Page 3 liters on the prop" securing the ban, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. . Application of Proceeds. Grantor shall promptly nottly Lender of any loss or damage to the Property H the estimated cost of repair or replacement exoseds 5600.00. Lander may make proof of lou R Grantor fob to do so within Mean (16) days of the casualty. Whether or not Lender's security Is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Ion OwUng the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration R Grantor is not In default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Properly shall be used first to pay any amount owing to Lander under this Deed of Trust, then to pay accrued Interest, and the remainder. R any, shall be applied to the principal balance of the Indebtedness. If lender holds any proceeds after payment In tug of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's Interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of Insurance showing: (a) the name of the Insurer, (b) the risks Insured; (o) the amount of the policy; (d) the property insured, the then current replacement value of such properly, and the manner of determining that value; and (e) the expiration date of the policy. Grantor shag, upon request of Lender, have an Independent appraiser satisfactory to Lender determine the cash value replacement cost of the Properly. Lender's Expenditures. If any action or proceeding Is commenced that would materially affect Lender's interest In the Property or If Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, InciudhV but not limited to Grantor's fallure to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shag not be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging or paying an loxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying ah costs for Insuring, maintaining and preserving the Properly. AN such expenditures Incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. AN such expenses will become a part of the Indebtedness and, at Lender's option, will (1) be payable on demand; (2) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during eller (a) the term of any applicable Insurance poky; or (b) the remaining term of the Note; or (3) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Test also will secure payment of these amounts. Such right shall be In addition to all other rights and remedies to which Lender may be entitled upon Default. Warranty; Defense of Title. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Tito. Grantor warrants that: (a) Grantor holds good and marketable the of record to IIB Properly In be simple, free and clear of all Ions and encumbrances other than those set forth In the Real Prop" description or In any Bite Insurance policy, fife report, or final title opinion Issued In favor of, and accepted by, Lender In connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the INIe to the Property against the lawful claims of all persona. In the event any action or proceeding Is commenced that questions Gmnloes tide or the Interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Properly and Grantor's use of tit Property compose with ale existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Worrwtfies. AN representations, warranties, and agreements made by Grantor In this Deed of Trust shall . survive the execution and delivery of this Deed of Trust, shall be continuing In nature, and shah remain In lug force and enact until such time as Borrower's Indebtedness shall be paid In full. Condemnation. The following provisions raising to condemnation proceedings aro a part of tee Deed of Trash Proceedings. If any proceeding In condemnation Is fled, Grantor shall promptly notify Lends In wdkq, and Grantor shall prompUy take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented In the proceeding by dbunsel of Its own choice, and Grantor will deliver or cause to be delivered to Lends such Instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase In Bleu of condemnation. Lender may at Its election require that all or any potion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Prop". The rat proceeds W the award shah mean the award after payment of all reasonable costs, expenses, and adorn sys' fees Incurred by Trustee or Lender In connection with the condemnation. Imposition of Tax", Fees and Charges By Governmental Authoretles. The following provisions relating to governmental !axes, fees and charges are a pan of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shelf execute such documents In addition to this Deed of Trust and take whatever other action Is requested by Lender to perfect and continue Lender's fen on the Real Properly. Grantor shah reimburse Lander for all Including without limitation all taxes. fees, docuu, as dosofflas4.1loslow, mentary stampther with all s, expenses other chargee reoordng or npkteering this (Deed of Trust. this of Trust, Taxes. The following shag constitute taxes to which this section applies: (a) a speol6c tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (b) a specific tax an Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (c) a tax on this type of Deed of Trust chargeable against the Lander or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shah have the same effect as an Event of Default, and Lender may egrsrdse any or all of its available remedies for an Event of Default as provided below unless Grantor either (a) pays the fax before R becomes delinquent, or (b) contests the tax as provided above In the Taxes and Liens section and deposits with Lender oath or a sufficient corporate sway bond or other security satisfactory to Lender. Security Agreement; Financing statements. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This Instrument shah constitute a Security Agreement to the extent any of the Properly constitutes fixtures, and Lender shall have all Willa rights of a secured party under the Uniform Commercial Code as amended from Ume to time. Security Interest. Upon request by Lander, Grantor shag execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust In the real property records, Lends may, at any Urns and without furthler authorization from Grantor, Site executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shah ralmbuxse Lender for ale expenses Incurred In perfecting or continuing this security Interest. Upon default, Grantor shall not remove, sever or detach the Personal Property Rom the Property. Upon default, Grantor shah assemble any Personal Property not affixed to the Property In a manner and at a piece reasonably convenient to Grantor and Lander and make U available to Lender withln three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addressee. The waiting addresses of Grantor (debtor) and Lender (secured party) from which Information concerning the security Interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. Further Assurances; Atlomey4n-Fact. The following provisions relating to further assurances and atlorney-Intact are a part of this Deed of Trust: Further Assurances. At any Uma, and from fame to time, upon request of Lander, Grantor will make, execute and deliver, or will cause to be •a•._.. � J _mss:,. :ry. DEED OF TRUST Loan No: 5095110 (ContfnuecQ Paye 4 made, executed or delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the ase may be, a1 such Imes and In such offices and plass as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, katruments of further assurance, • certificates, and other documents as nay. In the sole opinion of Lender, be necessary or dislikable In order to effectuate, complete, perfect, continue, or preserve (a) Borrower's and Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (b) the liens and security Interests crated by this Deed of Trust as first and prior Ions on the Property, whether now owned Or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expenses Incurred In connection with the matters referred to In this paragraph, Attorneyan-Fact, If Grantor falls to do any of the things referred to In the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantors aftorney-4n-tact for the purpose of making, executing, delivering, fling, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish IM matters referred to In the preceding paragraph. Full Performance, If Borrower pays all the Indebtedness. Including without 11mllatlon p future advances, when due, and otherwise performs all the obligations Imposed upon Grantor under this Dead of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shag execute and deliver to Grantor suitable statements of termination of any financing ststsment on file evidencing Lender's security Interest In the Rents and the Personal Property. Any reeonveyan oo tee required by law shelf be paid by Grantor, If permitted by applicable law. Events of Default. Each of the following, at Lender's option, shag constitute an Event o1 Default under this Dead of Trust: Payment Default. Borrower fails to make any payment when der under the Indebtednw. Other Defaults. Borrower or Grantor tags to comply with or to perform any other term, obligation, covenant or condition contained In this Deed of Trust or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Borrower or Grantor. iance Default. Failure to other any of the Related Documents. If such as failury with e Is curable rind �gorrrowp or Grantor contained glveln athis notice of of brrach ofthe f the same provision of this Dead of Trust within 1M preceding twelve (12) months, g may be cured (and no Event of Default will have occurred) If Borrower or Grantor, after Lender sends written otic demanding our* of such figure: (a) cures the failure within fiMeen (16) days; or (b) if the cure requires mon than fifteen (16) days, Immediately InItlates steps sufficient to cure the failure and IhereaHer continues and completes all reasonable and necessary steps suMclent 10 produce compliance as soon as reasonably practical. Default on Other Payments. Failure of Grantor wtihin the time required by this Deed of Trust to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any Ian. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Deed of,Trust or the Related Documents Is false or misleading In any material respect, either now or at the lime made or furnished or becomes false or misleading at any time thereafter. Defective Collaterelira(lon. This Deed of Trust or any of the Related Documents ceases to be In full fora and effect (Including failure of any collateral document to crate a valid and perfected security Interest or gen) at any time and for any reason. Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the Insolvency of Borrower or Grantor, the appointment of a mosiver for any part of Borrower's or Grantor's properly, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proaading under any bankruptcy or Insolvency Iowa by or against Borrower or Grantor. Creditor or Forfeiture Proceedings, Commencement of foreclosure or forleiture proceedings, whether by Judlcal proceeding, self-help, repossession Indebtedness. This Includes as other method, ofanyany of Borritor of ower or Grantor or owees or Grantor's by any IncludingnW agency against any property Lander.Hosecuring the this Event of Default shag not apply If there ts a good faith dispute by Borrower or Grantor as to the validity osit or rKfonatbleness of the claim which Is the basis of the creditor or forfeiture proceeding and DI Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender morales or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, In Its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that Is not remedied within any grace period provided therein, including without gmitshon any agreement concerning any Indebtedness or other obligation of Bonoww or Grantor to Lender, whether existing now or later, Events Affecting Guarantor. Any of the preading events oocure with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dos or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Borrower's or Grantor's financial condition, or Lender believes therospect of payment or performance of the indebtedness Is Impaired. p Insecurity. Lender In good faith believes Ioeff Insecure. Rights and Remedies on Default. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lander may exercise any one or more of the following rights and remedies: Election Of Remedies. Election by Lender to pursue any remedy shag not exoluds pursuit of any other remedy, and an election to make expenditures or to lake action to p6rform an obligation of Grantor under this Deed of Trust, afar Grantor's (allure to perform, shall not affect Lender's right to declare a default and exercise Its remedies. Accelerate Indebtedness. Lender shag have the right at its option without notice to Borrower or Grantor to declare the entire Indebtedness Immediately due and payable, Including any prepayment penalty which Borrower would be required to pay. Foreclosure. with respect to afi or any part of the Real Property, the Trustee shag have the right to foreclose by notice and ale, and Lender shag have the right to foreclose by Judicial foreclosure, in either ase In aocordance with and to the full extent provided by applicable law, if this Deed of Trust Is foreclosed by Judicial foreclosure, Lender will be entitled to a Judgment which wig provide that It the foreclosure sale prooseds are insufficient to stay the Judgment, exacutlon may Issue for the amount of the unpaid balance of the Judgment. UCC Remedies. With respect to all or any part of IM Personal Property, Lender shall have all IM rights and remedies of a secured party under the Uniform Commercial Code, Col ect Rents. Lender shag have the right, without notice to Borrower or Grantor to take possession of and manage the Property and tolled the Rents. Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness, In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use leas directly to Lender. If the Rentsare collected by Lender, then Grantor Irrevocably designates Lender as Grantoes attorney-In-fact to endorse Instruments received In payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users .to Lender In response to Lender's demand shag stay the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exerdse Its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver. Lender shag have the right to have a recelver a olnied to take possession of all or any part of the Property, with the power to protect and preserve the Property to apenIo the Property preceding foredceure or saIo, and to collect the Rents tram the Property end apply the proceeds, over an h,nd above 1M oat o} the reosivership, against the Indebtsdnese. The receiver may serve without bond M perxfebtedmilena s by a subatantW amounhle Employment by Lender shelf rad disqualify aerperso�from the yMrent rq u a ►eof the eosiver, Property exceeds the Tenancy at Sufferance. If Grantor remains in possession d the Property after the Properly b add u provided above or Lender otherwise becomes entlWd to passselon uN the Property upon default rel GnMa, Grantor shag become a tenant al sufferance of Lender or the rche:K of IM Property and aheti, at Lenders tlption, either (a) pay a rsaaonabIo rental for the uae of the Property, or (b) valets the operiy Immadlalaly upon the demand of lander, Other Remedies. Trustee or Lender shag have any other right or remedy provided in this Deed of Trust or the Note or by law. Nolle of Sale. Lender shag glve Grantor reasonable notice of the rime and place of any public sic of the Personal Properly or of the time after which any private ale or other Intended disposition of the Personal Property Is to be made. Reasonable otka shall mean notice given ,n DEED OF TRUST Loan No: 5095110 (CfOMUuell) " Pape 5 at Nast sfleen (15) days before the time of the sale or dkposNon. Any sale of Personal Property may be made In conjunction with any sale of the Real Property. Sate of the Property. To the extent permitted by applicable law. Borrower and Grantor hereby wales any and all rights to have the Property marshalled. In exercising Its rights and ran*", the Trustee or Lender shag be free to sell all or any part of the Property together or separately, in one a" or by separate ulas. Lender shah be entitled to bid at any public sale an all or any portion of the Property. Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the larms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as agorneys' fees at trial and upon any appeal. Whether or not any court action Is Involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that In Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of its rights shah become a part of the Indebtedness payable on demand and shag bear Interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable low, Lender's attorneys' Nes and Lender's legal expenses, whether or not there Is a lawsuit, Including attorneys' fees and expenses for bankruptcy proosedirgs (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated posHudgment oollectlon services, the cost of searching records, obtaining the reports (Including foreclosure reports), surveyors' reports, and appraisal Nes, flue insurance, and lees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. Rights of Trustee. Trustee shag have all of the rights and duties of Lender as set forth In this section. Powers and Obligations of Trustee. The following provisions "Ong to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trust" arising as a matter of law, Trustee shag have to power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join In preparing and filing a map or plat of the Real Properly, Including the dedication of streets or other rights to the public; (b) join In granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Dead of Trust. Obligations to NoUty. Trustee shag not be obligated to notify any other party of a pending sale under any other trust dead or gen, or of any action or proceeding In which Grantor, Lender, on Trustee shall be a party, unless the action or prooseotng Is brought by Trustee. Trustee. Trustee shag meal all qualifications required for Trustee undw applicable law. In addition to the rights and renedtes set forth above, with respect to all or any part of the Property, the Trustee shah have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case In accordance with and to the fug extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to %me appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an Instrument executed and acknowledged by Lender and recorded In the office of the recorder of DESCHUTES County, Slate of Oregon. The Instrument shall contain, In addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust Is recorded, and the name and address of the successor trustee, and the Instrument shag be executed and acknowledged by Lender or Its suoomors In interest. The successor trustee, without conveyance of the Property, slag succeed to all the titre, power, and dupes conferred upon ill Trustee In this Deed of Trust and by applicable law. This procedure for substitution of Trustee shag govern to the exclusion of all other provistom for substitution. Notices. Any notice required to be given under this Deed of Trust, Including without gmltatlon any nob" of default and any notice of sale shah be given In writing, and shall be afle0tive when actually delivered, when actually received by telefecsImge (unless otherwise required by law), when deposited with a natiom►gy recognized overnight courier, or, it mailed, when deposited In the United States mail, as first class, cartfied or registered mail postage prepaid, directed to the addresses shown new the beginning of this Deed of Tent. All copies of notices of foreclosure from the holder of any gen which has priority over this Dead of Trust shah be sent to Lender's address, as shown near the beginning of this Dead of Trust. Any party may change He address for nohow under this Deed of Trust by gMng formal written notice to the other parties, specifying that the purpose of the notice N to change the party's address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise provided or required by law, If there N more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Granton. • Miscellaneous Provision& The following miscellaneous provisions are a part of this Deed of Trust Amendments. This Dead of Trust, together with any Related Documents, constitutes the engn understanding and agreement of the parties as to the mattes sit forth In this Dead of Trust. No alteration of or amendment to this Deed of Trust shag be effective unless given in writing and signed by the parry or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property N used for purposes other than Grantor's residence, Grantor shah furnish to Lender, upon request, a certified statement of net operating Income received from the Property during Grantors previous fiscal year In such form and detail as Lender shah require. "Net operating Income" shag mean all cash receipts from the Property less all cash expenditures made In connection with the operation of the Property. Caption Needing*. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust. Merger. There shag be no mergee of the interest or estate created by this Deed of Trust with any other Interest or estate In the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal law and the laws of the State of Oregon. This Deed of Trust has been accepted by Lender M On State of oregoe. Choke of Venue. If them is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of its courts of Deschutes County, State of Oregon. Joint and Several Liability. AN obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shag mean each and every Grantor, and all references to Borrower shag mean each and every Borrower. This means that each Borrower and Grantor signing below N responsible for all obligations In this Deed of Trust. Where any one or more of the parties N a corporation, partnership, limited liability company or similar entity, It N not necessary for Lender to Inquire Into the powers of any of the officers, directors, partners, members, or other agents acting or purporMrg to act on the enMys behalf, and any obligations made or created In reliance upon the professed exercise of such powers shell be guaranteed under this Deed of Trust. No Welver by Lender. Lender shah not be doomed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by lender. No delay or omission on the part of Lender in exercising any right shah operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shah not prejudice or constituls a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantors obligations as to any future transactions. Whenever the consent of Lender Is required under this Deed of Trust, the granting of such consent by Lender In any Instance shall not constitute continuing consent to subsequent instances where such consent N required and In all cases such consent may be granted or withheld in the tole discretion of Lender. Severability. If a court of competent jurisdiction gds any provision of this Deed of Trust to be Begat, Invalid, or unenforceable as to any person or circumstance, that finding shah not make the offending provision legal. Invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provklon shah be considered modified so sal it becomes legal, valid and enforceable. If the offending provision cannot be to modified, it shall be considered deleted from this Deed of Trust. Unleas otherwise required by law, the Illegally, Invalidity, or unenforoeablhty at any provision of this Dead of Trust shah not affect the provision of this Deed of Trust. legality, vandlly, or enforceability of any other Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and Inure to the benefit of the parties, their suoossaors and assigns. If ownership of the Property becomes vested In a person other than Grantor, Lender, without notice to Grantor, may deal with Grantors successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time Is of the essence In the performance of this Deed of Trust. Waive ,Wry. All parties to this Deed of Trust hereby waive the right to any jury trial M any action, proceeding, or counterclaim brought by any party against any other party. DEED OF TRUST :n No: 6095110 (Continued) Page 6 waiver of Homestead Etemptlon. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon as to an Indebtedness secured by this Deed of Trust. Commercld Dead of Trust. Grantor agrees with Lender that this Deed of Trust Is a commercial deed of trust and that Grantor will not change the use of the Property without Lender's prior written consent. Definitions. The following capiWired words and terms Shap have the following meanings when used In this Deed of Trust. Unless specifically stated to the contrary, all referenoes to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used In the singular shall Include the plural, and the plural shall Include the singular, as the conteod may require. Words and terms not otherwise defined In this Deed of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code: Beneficiary. The word "Beneficiary means Bank of IM Cascades, and Its successors and assigns. Borrower. The word 'Borrower" means FRANK H BAKER and KATHLEEN A BAKER, and W other persons and entitles signing the Note in whatever capacity. Deed of Trust. The words 'Deed of Trust- mean this Une of Credit Instrument among Grantor, Under, and Trustee, and Includes without Nmltation all assignment and security Interest provisions relating to the Personal Properly and Rents. Default. The word 'Default" means the Default set forth In this Deed of Trust In the section litled'Defoull". Environmental Laws. The words 'Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without Imitation the Comprehensive Environmental Response, Compensation, and Liability Act of 19f10, as amended, 42 U.S.C. Section 9601, at seq. ('CERCLA ), the Superlund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA', the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable stats or federal laws, rules, or regulations adopted pursuant thereto or Intended to protect human heatih or the environment. Event of Default. The wads 'Event of Delaull' mean any of the events of default set forth In this Deed of Trust In the events of default section of this Dead of Trust. Grantor. The word "Grantor" means AMERICAN EXCHANGE SERVICES, JAMES MASSEY and LESLEE BANGS. Guaranty. The word 'Guaranty" mans the guaranty from guarantor, endorser, surely, or accommodation party to Lender, Including without limitation a guaranty of aI or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean malerlels ths% because of their quantity, conoentratlon or physical, chemical or Infeollous cheractsrtstim, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used In their wry broadest sense and Include without Ilmitation any and all hazardous or to* substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous SubstanoW also Includes, without limitation, petroleum, Including crude oll and any fraction thereof and asbestos. Improvements. The word "Improvements' means all existing and future Improvements, butidings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means ail pdnolpal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, exfenslom of, modlecatlore of, oonso9daflons of and substitutions for the Note or Related Documents and any amounts expended or advanced by Under to discharge Grantor's obilgaeors or expenses Incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of rust, together with Interest on such amounts as provided In this Deed of Trust. Lender. The word Lender" means Bank of the Cascades, its successors and assigns. Note. The word "Note' means the promissory note dated February 26, 2002, in the original principal amount of $236,776.00 from Borrower to Under, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for • the promissory note or agreement. The maturity date of the Note Is February 25, 2003. Personal Property. The words "Personal Properly' mean all equipment. Mures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or aMxad to the Real Property, together with all aomsions, parts, and additions to, all replacements of, and all substitutions for, any of such properly; and together with all proceeds (Including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word 'Property' means collectively the Real Property and the Personal Property. Real Property. The words "Real Property' mean the real property, Interests and rights, as further described In this Deed of Trust. Related Documents. The words "Related Docunantr mean all promissory notes, credit agreements. Ian agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter erdserg, wwuted In connection with the Indebtedness. Rents. The word "Rents" means all present and future rants, revenues, Income, Issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "rrustW means AmerRitla, whose address Is PO Box 762, Bend, OR 97709 and any substitute or successor trustees. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: • AMERICAN EXCHANGE SERVICES 9-3 r3- ✓ c: DEED OF TRI,,! �T Loan Nlo:::::::110 (CohUflueat " Page 5 at leas: li:leen (':i) days before the time of the sale or disposition. Any sale of Personal Properly may be made In conjunction with any sale of the Roza Properly. • Sale of the Property. To the extent permitted by applicable law. Borrower and Grantor hereby waives any and all rights to have the Property marshnlled. In exercising Its rights and remodius, the Trustee or Lender shah be free to sell all or any part of the Property together or separately, In one sale or by separate sales. Lender shah be entitled to bid at any public sale on all or any portion of the Properly. Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action Is Involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs that In Lender's opinion are necessary at any time for the protection of Its Interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear Interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without Ilmllallon, however subject to any limits under applicable law, Lender's attorneys' lees and Lender's legal expenses, whether or not there Is a lawsuit, Including ahorneys' fees and expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic slay or Injunction), appeals, and any anticipated post—Judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title Insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. Rights of Trustee. Trustee shall have at of the rights and duties of Lender as set forth In this section. Powers and Obligations of Trustee. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) Join In preparing and (fling a map or plat of the Real Property, Including the dedication of streets or other rights to the public; (b) Join In granting any easement or creating any restriction on the Real Property; and (c) join In any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated 10 notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding Is brought by Trustee. Trustee. Trustee shall most all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shah have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, In either case In accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an Instrument executed and acknowledged by Lender and recorded In the office of the recorder of DESCHUTES County, Stale of Oregon. The Instrument shall contain, In addition to at other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust Is recorded, and the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by Lender or its successors In Interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee In this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for subslilution. Notices. Any notice required to be given under this Deed of Trust, Including without Imitation any notice of default and any notice of sale shall be given In writing, and shall be effective when actually delivered, when actually received by telefacsimlle (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mated, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any Ilan which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change Its address for notes under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice Is to change the partys address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise provided or required by law, It there Is more than one Grantor, any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property Is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating Income received from the Property during Grantors previous fiscal year In such form and detail as Lender shall require. "Net operating Income" shall mean all cash receipts from the Property Ins all cash expenditures made In connection with the operation of the Property. Caption Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate In the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal law and the laws of the State of Oregon. This Deed of Trust has been accepted by Lender In the Slate of Oregon. Choice of Venue. If there Is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Deschutes County, Slate of Oregon. Joint and Several Liability. Ah obligations of Borrower and Grantor under this Deed of Trust shall be Joint and several, and all references to Grantor shall mean each and every Grantor, and at references to Borrower shah mean each and every Borrower. This means that each Borrower and Grantor signing below Is responsible for all obligations In this Deed of Trust. Where any one or more of the parties is a corporation, partnership, Umiled tabaty company or simhar entity, It is not necessary for Lender to Inquire'Into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to not on the entity's behalf, and any obligations made or created In retance upon the professed exercise of such powers shat be guaranteed under this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver Is given in writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shat operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantors obligations as to any future transactions. Whenever the consent of Lender Is required under this Deed of Trust, the granting of such consent by Lander In any Instance shall not constitute continuing consent to subsequent Instances where such consent Is required and In all cases such consent may be granted or withheld In the sole discretion of Lender. Severablllty. 11 a court of competent Jurisdiction finds any provision of this Deed of Trust to be illegal, Invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision Illegal, Invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that It becomes legal, valid and enforceable. If the offending provision cannot be so modified, It shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the Illegality, Invalidity, or unenforceability of any provision of this Deed of Trust shah not affect the legally, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any Ilmitallons slated In this Deed of Trust on transfer of Grantor's Interest, this Deed of Trust shall be binding upon and Inure to the benefit of the parties, their successors and assigns. if ownership of the Property becomes vested In a person other than Grantor, Lender, without notice to Grantor, may deal with Grantors successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Dead of Trust or liability under the Indebtedness. Time is of the Essence. Tlme Is of the essence In the performance of this Deed of Trust. Waive Jury. All parties to this Dead of Trust hereby waive the right to any Jury trial In any action, proceeding, or counterclaim brought by any party against any other party, DEED OF TRUST Loan No: 6095110 (Continued) Page 6 Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon as to all Indebtedness secured by this Dead of Trust. • Commercial Deed of Trust. Grantor agrees with Lender that this Deed of Trust Is a commercial deed of trust and that Grantor will not change the use of the Properly without Lender's prior written consent. Definitions. The following capitalized words and terms shall have the following meanings when used In this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United Stales of America. Words and terms used In the singular shall Include the plural, and the plural shall Include the singular, as the context may require. Words and terms not otherwise defined In this Deed of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code: Beneficiary. The word "Beneficiary' means Bank of the Cascades, and Its successors and assigns. Borrower. The word "Borrower" means FRANK H BAKER and KATHLEEN A BAKER, and all other persons and entities signing the Note In whatever capacity. Deed of Trust. The words 'Deed of Trust" mean this Line of Credit Instrument among Grantor. Lender, and Trustee, and Includes without limitation all assignment and security Interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth In this Deed of Trust In the section tilled "Default". Environmental Laws. The words "Environmental Laws" mean any and all stale, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. CCERCLA7, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto or Intended to protect human health or the environment. Event of Default. The words "Event of Defauir mean any of the events of default set forth In this Deed of Trust In the events of default section of this Deed of Trust. Grantor. The word "Grantor" means AMERICAN EXCHANGE SERVICES, JAMES MASSEY and LESLEE BANGS. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, Including without limitation a guaranty of all or part of'lhe Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or Infectious characteristics, may cause or pose a present or potential hazard to human heaah or the environment when Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used In their very broadest sense and Include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum, Including crude oil and any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, addi8ons, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with Interest on such amounts as provided In this Deed of Trust. Lender. The word "Lender" means Bank of the Cascades, Its successors and assigns. Note. The word "Note" means the promissory note dated February 26, 2002, In the original principal amount of $236,776.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for • the promissory note or agreement. The maturity date of the Note Is February 26, 2003. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (Including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property Real Property. The words "Real Property" mean the real property, Interests and rights, as further described In this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, Income, Issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee' means AmeriTitle, whose address Is PO Box 762, Bend, OR 97709 and any substitute or successor trustees. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: AMERICAN EXCHANGE SERVICES By: ul� fat i'� a CINDI POGCIN Exchange Supervisor of AMERICAN EXCHANGE SERVICES X X JAMES MA SEY, Individually LESL E BANGS, Individually 0 DEED OF TRUST Loans No: 50957" : (Continues:) Pace 7 CORPORATE ACKNOWLEDG OF=SEPT. • STAT[ OF _ )SARAS NOTARYN --�- ) SS COMMIS COUNTY OF , � ,-,QI1 ) III Y COMMISSION EX2004 On this l day of C! 20 before me, the undersigned Notary Public, personally appeared CINDI POLLING, Exchange Supervisor of EXCHANGE SRE VICES, and known to me to be an authorized agent of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of Its board of directors, for the uses and purposes therein mentioned, and on oath staled that he or she is authorized -lo execute this Deed of Trust and/ in fact executed the Deed of Trust on behalf of the corporatl n. T) Y11 Notary Public In and for the Stale of My commission expire INDIVIDUAL ACKNOWLEDGMENT STATE OF ) )SS COUNTY OF ) On this day before me, the undersigned Notary Public, personally appeared JAMES MASSEY, to me known to be the Individual described In and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of 20 By Residing at Notary Public In and for the State of My commission expires INDIVIDUAL ACKNOWLEDGMENT STATE OF ) )SS COUNTY OF ) On this day before me, the undersigned Notary Public, personally appeared LESLEE BANGS, to me known to be the Individual described In and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of , 20 By Residing at Notary Public In and for the Stale of My commission expires REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: , Trustee The undersigned Is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which Is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the forms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: ierw r�o bMhY. vos.nar,u cx.. wM.r ruu,,,w r•wu.n,, w. mr,tar. e. ■�rnu ■•.rvr. -a eaus11r11o1fI�0.rl�erVc re-wn re -n ago , + ' DEED OF TRUST No: -W95i10 (Continued) page T CORPORATE ACKNOWLEDGMENT • STATE OF ) )SS COUNTY OF ) On this day of 2D before me, the undersigned Notary Public, personally appeared CINDI POLLING, Exchange Supervisor of AMERICAN EXCHANGE SERVICES, and known to me to be an authorized agent of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of Its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she Is authorized to execute this Deed of Trust and In fact executed the Deed of Trust on behalf of the corporation. By Residing at Notary Public In and for the State of My commission expiry INDIVIDUAL ACKNOWLEDGMENT I ' t STATEOFoc/ f ) ? ���'`' )SS _ U9F On this day before me, the undersigned Notary Pubik, personally appeared JAMES MASSEY, to me known tolbe the li cglvldual descrl6ed In and who executed the Deed of Trust, and acknowledged that he or she signed the Dead of Trust as We or her free and voluntary act and dead, for the uses and purposes therein mentioned. /1� L Given under my hand and official this day of //-.wf--di so�fc`• By ) l 0r de Redding at Notary and for the States Q My commission sapless S �d u r'Q INDIVIDUAL ACKNOWLEDGMENT STATEAF f�,tt�¢¢�� f t91 wo' / II^�{(C9 ' 88 On this day before me, the undersigned Notary Public, personally appeared LESLEE BANGS, to me known to lig the.IridIAduai described In and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her frea and voluctary,act and deed, for the uses and purposes therein mentioned. /1� - L L GivenMor dandoflklai seM thl8 day of //fArNkB�� V i V Residing N �S SkC t7 Notary Pu for the State of My commisslon yiplfii r-� . REQUEST FOR FULL RECONVEYANCE (To be used o* when obligations have been paid In full) To: , Trustee The undersigned Is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Dead of Trust or Pursuant to any applicable statute, to cancel the Note secured by this Dead of Trust (which Is delivered to you together with this Deed of Trust), and to rsconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mall the reconveyanos and Related Documents to: Dote: Beneficiary: By: Its: LASM PRO LMMnr.Q— MON. rW,Y18N .W.1-7. r0Ot AN MOP A—d. -00 C:"82APR01Tl W$110 T11•3081 M•13 CONSULAR AGENCY OF THE UNITED STATES OF AMERICA U.S. DEPARTMENT OF STATE ) U.S. CONSULAR AGENCY ) CITY OF: PUERTO VALLARTA, JALISCO, MEXICO.) Before me, KELLY TRAINOR , A Notary Public in and for said State, personally appeared: JAMES THEODORE MASSEY / LESLEE JEAN BANGS Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/hers/their • signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal on this 04th day of March of 2002. C7 �C LLY tRAINOR DE O. gency of the United States of America. t F 15% 4 4 Z I Ir V V V I I'L 14- ry v < zuj v v v v v v v Z Vjv C"i ui IL LL. W , -j U. r, ui I V v v v v 0% 00 0 O O U- V - V% (NJ O -cc tA O V v A4 I Vv v V 10- 1 V v 13 v v v v v v vI ro w IV w V v v v v 0% 00 0 O O U- V - V% (NJ O -cc tA O V v A4 I Vv v V V v v v v v v v v v vI ro w IV w (14 A z 0 V 4c V to >. D I ui Nt N LA cn t,4.. CL F-' DESCHUTES COUNTY OFFICIAL RECORDS ��1411� MARY SUE PENNOLLOW, COUNTY CLERK + !►"' Oil!]IJIL11IU11qI24 1111111111111111111 $31.00 Prepared By /fes' 03/141200211:57,56 AM 1 Homecomings Financial Network, Inc. M-DTRM Cnt.al Strw4 MARSHA �i Attn: Retail Division 03-05-50 05.00 $11.00 $10.00 $5.00 One Meridian Crossings Richfield, MN 55423 j, Loan No: 7_�o 041 (Space Above This Line For Recording Data) AMENDMENT TO DEED OF TRUST JJ Recorded to correct the MIN # that was recorded in MERS The undersigneda ,qlnaL it e Aa Y m , does hereby depose and say as follows: 1. That I am an authorized officer of the mortgagee (or assignee), Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS Is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679 -MEAS. 2. That this Affidavit refers to the Deed of Trust from Da W n & u a l ke v- / a n V, Y%w\Z rri e j 1Alny-A a r to Mortgage Electronic Registration Systems, Inc. as nominee for Homecoming Financial Network, Inc., A corporation organized and existing under the laws of the State of Delaware, and who's address is 2711 North Haskell Avenue, Suite 1000, Dallas, Texas 75204, its Successors and assigns, in relation to property located at 807$.5' Doagc— Peaks ,DHti-f_ city of'R �0- b:4L state of r7 RE6oh zip 9'77D / dated !7-11-2001 and recorded n the Countyof oc r k, ,J2 S Book Page Doc/Inst. # 7 ons -6 3 ;Z-9, 3. That the Lender is the beneficiary under this Security Instrument. 4. That the Mortgage Identification Number (MIN) was either omitted or incorrect on said Security Instrument (or assignment). r__ 5. That the correct MIN for the mortqLage (or assignment) is MIN: 6. "Trustee" is: ' D earv— Signed this —I— day of 2V C L 2002 S�a.aviL �aw� Assists t Secretary This Instrument Prepared By: Homecomings Financial Network, Inc., who's address is: One Meridian Crossings, Minneapolis, MN 55423 State of Minnesota County of Hennepin O'before me (notary) 1f personally appeared.pS S%rvha�t Assistant Secretary of Homecomings Financial Network, Inc. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who's name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sa his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person the entity upon behalf of which the person(s) acted, executed the instrument. , WITNESS my hand and official seal. ///// Signature_ Notary Public 7Pdit MkMrNOh PAR W .+.e.r,�.i.n,aos qq-� ?o /e LICENS MPRO�VSEMENT AGREEMENT1j Cl�h�e,�jes�s� ' l�tf}Nge, n�r7�l . This License and Improvement Agreement (Agreement), relating to the installation of required I � improvements to be constructed in ELKAI WOODS TOWNHOMES PHASE IV, hereafter referred to as "Subdivision", as required in the conditions wheStatael of theapproval in File #TP -96-857 made and entered into this ���'day. of2000, by and between 1 5 DESCHUTES COUNTY, OREGON, a political subdivision oof Oregon, herein after referred to as "County'; and YAMAZOE, INTERNATIONAL INC., hereinafter referred to as A/ ee fus — "Developer," 1 WITNESSETH: IIC�eAS ��'mp�uem.QtiT WHEREAS, Developer is the subdivider of the Subdivision in the approval granted under✓1,��QMQ1 TP -96-857 and WHEREAS, the improvements required for the Subdivision have not been completed; and WHEREAS, Developer intends to file a final plat for the Subdivision prior to the completion of the required improvements; and WHEREAS, Deschutes County Code Section 17.24.120 provides that Developer may, in lieu of completing required improvements prior to filing the final plat, enter into an agreement with the County for the completion of the required improvements and provide a good and sufficient form of security, consistent with Deschutes County Code Section 17.24.130, to provide for the completion of the required improvements; now, therefore, 0 IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above mentioned, for and in consideration of the mutual promises hereinafter stated, as follows: 1. The real property subject to this Agreement, hereinafter the "Subdivision real property" is described in Exhibit "A," attached hereto and by this reference incorporated herein. 2. Developer shall install and complete, or cause to be installed and completed, those improvements required by Condition #8 of the approval in TP -96-857, that remain to be completed as set forth in Exhibit "B", attached hereto and by this reference incorporated herein. All such improvements (hereinafter referred to as "required improvements") shall be installed and completed to county specifications and be inspected and receive approval from the County Road Department no later than one (1) year from the date the final plat for the Subdivision is recorded with the County Clerk. Developer shall also repair all existing and constructed facilities, within and without the Subdivision, damaged during any such installation, on or before such date. 3. County shall have the right to come onto the property to make inspections of the required improvements. If the County determines that the required improvements have not been completed as specified by the completion date established in Section 2 herein, County or its agents may enter onto the subdivision real property and cause the required improvements to be installed and completed to required specifications and call upon Developer's security and any assets of Developer to recover from Developer the full cost and expense of completing the required improvements, together with court costs and attorney's fees necessary to collect said amounts. • 4. This Agreement is made for the benefit of the County and not the Developers. 1 - Deschutes CountyNamazoe International Inc. —TP -96-857 J� 5. Developer shall restore any monument erected or used for the purpose of designating a survey marker or boundary of any town, tract, plat or parcel of land which monument is broken, damaged, removed or destroyed, during -the course of work provided for • or anticipated by this Agreement, whether intentional or otherwise, by the Developer or Developer's agents, employees or independent contractors. 6. Developer shall pay to County the actual costs incurred in the inspection of the completed improvements. 7. The Developer's security shall consist of: a bond #843271S issued in favor of the County by Developers Insurance Company, organized and existing underthe laws of the State of California, deposited with the County Treasurer in the amount of Seventeen Thousand Eight Hundred and 20 Dollars ($17,820.00) with a date of expiration of no less than 6 months past the completion date established by Section 2 herein. The amount of the bond represents 120% of the estimated costs, as set forth in Exhibit B hereto, of completing the required improvements to county standards. Release of the security will require authorization by the Deschutes County Community Development Department, once improvements have been inspected and approved by County. Improvements required to be completed under this Agreement and covered by Developer's security are shown in Exhibit "B" attached hereto and by this reference incorporated herein. 8. This Agreement is contingent upon the recording of the final plat. 9. County may draw upon Developer's security upon default of this Agreement for any and all costs and expenses anticipated to be incurred by County, as determined by the County, in the completion of the required improvements of Subdivision. If the amount available to be drawn from Developer's security is less than the costs and expenses anticipated to be • incurred, or actually incurred, by the County, County may apply the proceeds of the security to the costs of completion of the required improvements and then hold Developer liable for the difference. For the purposes of this Agreement and access to any security offered and accepted to secure Developer's performance, a default shall include failure to install or have installed any portion of the improvements to County specifications and failure to complete any required inspections by 1 year's time from the date of the recording of the plat. 10. The security shall be released by County upon request by Developer within ninety (90) days after the completion, inspection and approval of the required improvements. 11. In accordance with Deschutes County Code Section 17.24.120(B), no building permit may be issued for any lot or parcel of the Subdivision until all required improvements are completed, inspected and approved by County. 12. The existence of this Agreement shall be noted upon the final plat by reference to the recording book and page numbers. 13. By signature of this Agreement, any mortgagee or other holder of a security interest in the property (hereinafter referred to as Mortgagee) agrees to subordinate its security interest in the Subdivision real property to this Agreement. In particular, Mortgagee agrees that this Agreement would survive any foreclosure by Mortgagee on the Subdivision real property. 14. The original of this Agreement shall be recorded with the Deschutes County Clerk and shall be a condition and covenant that shall run with the land and be binding upon the Subdivision real property. It is the intent of the parties that the provisions of this Agreement shall be binding upon the parties, their successors, heirs, executors, administrators, and assigns, or any other party deriving any right, title or interest in or to the Subdivision real 2 - Deschutes County/Yamazoe International Inc. — TP -96-857 property, including any person who holds such interest as security for the payment of any obligation, including the Mortgagee or other secured party in actual possession of said real property by foreclosure or otherwise or any person taking title from such security holder. • 15. By their signatures, all signatories to this Agreement signing in a representative capacity certify that they are authorized to sign on behalf of and to bind their respective principals. 16. This Agreement shall expire 6 months after the completion date established by Section 2 herein or upon expiration of the land use permit for the Subdivision, whichever is sooner, or by the explicit release by County from this Agreement granted as part of an approval for a change of use of the Subdivision real property. 17. County's rights under this Agreement, including County's right to draw upon Developer's security in whole or in part and any other assets of Developer to pay the full costs and expenses of completing the improvements and repairs required herein (including costs of enforcement), shall survive the expiration of this Agreement. 18. It is agreed by and between the parties that Developer is not carrying out a function on behalf of the County, and County does not have the right of direction or control of the manner in which Developer completes performance under this Agreement or exercise any control over the activities of the Developer. 19. County is not, by virtue of this Agreement, a partner or joint venturer with Developer in connection with Developer's subdivision, and shall have no obligation with respect to Developer's debts or any other liabilities of each and every nature. 20. Developer shall be responsible for any and all injury to any and all persons or is property caused directly or indirectly by reason of any and all activities by Developer in the performance of this Agreement; and further agrees to indemnify, save harmless and defend the County, its officers, agents and employees from and against all claims, suits, actions, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with any such injury. • 21. In the event an action or suit or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, County shall be entitled to recover, in addition to other sums or performances due under this Agreement, reasonable attorney's fees and costs as the court may adjudge in said action, suit, proceeding or appeal. 22. Waiver of the strict performance of any provision of this Agreement shall not constitute the waiver of any other provision or of the Agreement. 23. Upon request of Developer, County may release any of Developer's obligations under the terms and conditions of this Agreement in writing upon completion and County inspection and approval of any portion of the required improvements. 24. County, by virtue of this instrument, is entitled to enter upon the real property described herein to enforce, as necessary or convenient, the terms of this instrument. 3 - Deschutes CountyNamazoe International Inc. — TP -96-857 DATED thisDS'day of 2000. COUNTY: DESCHUTES COUNTY, OREGON Z��OA GEOFfGE J. R AD, Director Community Development Department STATE OF OREGON, County of Deschutes ) ss. I certify that I know or have satisfactory evidence thatGEORGE J. READ is the person who appeared before me, and said person acknowledged that he signed this instrument as the Director of Deschutes County Community Development Department, Deschutes County, Oregon, and acknowledged it to be his free and voluntary act for the uses and purposes me Io , n IsIlli @I tAL t tSANDRA L RINGER N "Al PUBLIC -OREGON NotaryPublic for Oregon W). 307397 9 r"s��3..�,zo�t My Commission Expires: 1 o DATED thNXday of , 2000. DEVELOPER: YAMAZOE I ERNAT NAL, INC. By: DALE BERN DS STATE OF OREGON, Deschutes County) ss. I certify that I know or have satisfactory evidence that DALE BERNARDS is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the authorized representative of YAMAZOE INTERNATIONAL, INC. to be the free and voluntary act of such parties, in his representative capacity, for the uses and purposes mentioned in this instrument. DATED this day of� ' 2000. Notary Public for Oregon OFFICIAL SEAL My Commission Expires: MELISSA S RIVERMAN NOTARY PUBLIC - OREGON COMMISSION NO. 305397 MY COMMISSION EXPIRES OCT. 13 1001 4 - Deschutes County/Yamazoe International Inc. — TP -96-857 5x A I 7L 14 VCA TED IN THE EAST ONE-HALF OF SF SUR VE Y0R'S CER T/ F/ CA TE.• 1, DAVID R. WILUAMS, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE STATE OF OREGON, BEING DULY SKORN, DEPOSE AND SAY THAT THIS SURVEY WAS PERFORMED BY ME, OR UNDER MY SUPERVISION IN COMPLIANCE. WITH OREGON .REVISED STATUTES CHAPTERS 92, 93 AND 209 IN OCTOBER AND NOVEMBER OF 1998 AT THE REQUEST OF DALE BERNAROS AND THAT I HAVE CORRECTLY SURVEYED AND MARKED WITH LEGAL MONUMENTS THE LAND REPRESENTED ON THIS SUBDIVISION PLAT OF "ELKAI WOODS ro*NHOMES PHASE IV" LOCATED IN THE EAST ONE-HALF'O' SECTION 2Z TOWNSHIP 18 SOUTH, RANGE 11 EAST, WILLAMETTE• METRIDIAN, DESCHUTES COUNTY, OREGON, THAT A 2 112` SASS CAP EXISTS. AT THE "INITIAL POINT" AND PROPERTY BEING PLATTED IS MORE PARTICULARLY CRIBED AS FOLLOWS: BEGINNING AT -THE 'INITIAL PQWT ; THE SOUTHEAST 1116TH CORNER OF SAID SECTION 22, THENCE NORTH 89' 53' 56" EAST A DISTANCE OF 342 FEET,' THENCE AROUND A 90.00 FOOT RADIUS CURVE RIGHT 38.17 FEET (CHORD BEARS SOUTH, 77' 57' 01" EAST. 37.89 FEET). THENCE AROUND A 40.00 FOOT RADIUS CURVE LEFT 45.40 FEET (CHORD BEARS NORTH 81' 40' 59" EAST, 43-00 FEET); THENCE NORTH 49' 09' 57" FAST A DISTANCE OF 62,29 FEET-' THENCE AROUND A 75.00 FOOT RADIUS CURVE RIGHT 62.21 FEET (CHORD BEARS NORTH 72' 55' 42" EAST, 60.44 MT), THENCE AROUND A 40.00 FOOT RADIUS CURVE LEFT -56.03 FEET (CHORD BEARS NORTH 56' 33' 40' EAST, 51.56 FEET), THENCE NORTH 16'25' 53". EAST A DISTANCE OF jil 74 FEET TO THE SOUTHWEST CORNER OF THE EASTERLY PORTION OF PHASE Ill, ELKAi WWDS TONNHOMESy THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID EASTERLY PORTION OF PHASE IN SOUTH 73' 34' 07" EAST A DISTANCE OF 40.00 FEET THENCE CONTINUING ALCWG THE SOilMERLY'SOUNDARY.UNE OF THE EASTERLY PORTION OF' PHASE 111 SOUTH 64' 37' 57"� EAST A DISTANCE OP 1228, # FEET, * THENCE LZ'A WNG SAID SOUTHERLY BOUNDARY LINE SOUTH 16' Oo' oo w WEST A_ DISTANCE. OiF 258.93 FE'Et; : THENCE SOUTH o0.' 00' 00" WEST A DISTANCE OF 360.0o FEET;, _ • THENCE SOUTH 80' 45' 00" WEST' A DISTANCE or 12Z 00 FEET; THENCE NORTH 16' 00' 00' BEST A DISTANCE 0F,206.00 FEET; PIENCE SOUTH 45" 30'.,M* WEST A' DISTANCE O' 253.26 FEET. THENCE' NOP1H 4r' 12'` 21" NEST A DISTANCE Ort" 116.20 FEET 1l? A PONT ON THE WEST UNE 'OF THE. SOUTHEAST ONE QUARTER 4f' �'NE.s0U1HEAST ONE-QUARTER (SEI/4 SEI/4) OF SAID SECC7ION 2Z- THENCE ALONG. SAID WEST LINE NORTH 00' 21" 51'* : EAST A DISTANCE OF 196.60 FEET TO THE PONT OF BEGINNING., THE, TERMINUS OF THIS DESCRIPTION, 1. CONTAINING 3.84 ACRES, MORE. OR LESS. SUBjECT To. ALL EASEIETNM RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND THOSE COMMON AND APPARENT ON THE LAND. BY. DA WD R W UTAMS` P.L.S. 2646 �► rt�+�v�c 'c A'440 A f11X'. f gICKMAN WILLIAMS & ASSOCIATES, INC. PROJECT # 990816 1/12/00 ELKAI WOODS PHASE IV PUBLIC IMPROVEMENTS COST ESTIMATE ITEM QUANTITY UNITS UNIT COST ITEM COST A. ROAD CONSTRUCTION 28' WIDE 276" ROAD 1800 SY $8.25 $14,850 SUBTOTAL $14,850 x120% TOTAL $17,820 • NOTE: Anticipated completion date is April 28th 2000. • MARY SM PMOLLOW, COW" CL9RK 10 01/31/2002 02; ; 4 PM ="8-1"5 a,t.l :th.3 HARM MOO $12.00 $20.00 $5.00 DESCHUTES COUNTY CLERK CERTIFICATE PAGE • This page must be included if document is re-recorded. Do Not remove from original document. 0 • • 4 ,. LICENSE AND IMPROVEMENT AGREEMENT # 2— This License and Improvement Agreement (Agreement), relating to the installation of required improvements to be constructed in RIDGE AT EAGLE CREST 36, hereafter referred to as "Subdivision", as required in the conditions of approval of the approval in File #TP -01-924 made and entered into this L3 dayof�, 2002, by and between DESCHUTES COUNTY, OREGON, a political subdivision of the Stat of Oregon, herein after referred to as "County"; and EAGLE CREST, INC., hereinafter referred to as "Developer," WITNESSETH: WHEREAS, Developer is the subdivider of the Subdivision in the approval granted under TP -01-924 and WHEREAS, the improvements required for the Subdivision have not been completed; and WHEREAS, Developer intends to file a final plat for the Subdivision prior to the completion of the required improvements; and WHEREAS, Deschutes County Code Section 17.24.120 provides that Developer may, in lieu of completing required improvements prior to filing the final plat, enter into an agreement with the County for the completion of the required improvements and provide a good and sufficient form of security, consistent with Deschutes County Code Section 17.24.130, to provide for the completion of the required improvements; now, therefore, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above mentioned, for and in consideration of the mutual promises hereinafter stated, as follows: 1. The real property subject to this Agreement, hereinafter the "Subdivision real property" is described as: the N '/ and the SW % of Section 16, Township 15 South, Range 12 EWM, Deschutes County, Oregon. 2. Developer shall install and complete, or cause to be installed and completed, those improvements required by Condition no. 18 of the approval in TP -01-924, that remain to be completed as set forth in Exhibit "A", attached hereto and by this reference incorporated herein. All such improvements (hereinafter referred to as "required improvements") shall be installed and completed to county and State of Oregon specifications and be inspected and receive approval from the County Road Department and/or the State of Oregon no later than one (1) year from the date the final plat for the Subdivision is recorded with the County Clerk. Developer shall also repair all existing and constructed facilities, within and without the Subdivision, damaged during any such installation, on or before such date. 3. County shall have the right to come onto the property to make inspections of the required improvements. If the County determines that the required improvements have not been completed as specified by the completion date established in Section 2 herein, County or its agents may enter onto the subdivision real property and cause the required improvements to be installed and completed to required specifications and call upon Developer's security and any assets of Developer to recover from Developer the full cost and expense of completing the required improvements, together with court costs and attorney's fees necessary to collect said amounts. 4. This Agreement is made for the benefit of the County and not the Developers. 1 - Deschutes County/Eagle Crest, Inc. — TP -01-924 ga,pSta f: + ct770a1 5. Developer shall restore any monument erected or used for the purpose of designating a survey marker or boundary of any town, tract, plat or parcel of land which monument is broken, damaged, removed or destroyed, during the course of work provided for is or anticipated by this Agreement, whether intentional or otherwise, by the Developer or Developer's agents, employees or independent contractors. 6. Developer shall pay to County the actual costs incurred in the inspection of the completed improvements. 7. The Developer's security shall consist of: a bond (#929229103) issued in favor of the County by National Fire Insurance Company of Hartford, organized and existing under the laws of the State of Connecticut, deposited with the County Treasurer in the amount of One Million Nine Hundred Fifty -Six Thousand ($1,956,000.00) with a date of expiration of no less than 6 months past the completion date established by Section 2 herein. The amount of the bond represents 120% of the estimated costs, as set forth in Exhibit A hereto, of completing the required improvements to county standards. Release of the security will require authorization by the Deschutes County Community Development Department, once improvements have been inspected and approved by County. Improvements required to be completed under this Agreement and covered by Developer's security are shown in Exhibit "A" attached hereto and by this reference incorporated herein. 8. This Agreement is contingent upon the recording of the final plat. 9. County may draw upon Developer's security upon default of this Agreement for any and all costs and expenses anticipated to be incurred by County, as determined by the County, in the completion of the required improvements of Subdivision. If the amount available to be drawn from Developer's security is less than the costs and expenses anticipated to be • incurred, or actually incurred, by the County, County may apply the proceeds of the security to the costs of completion of the required improvements and then hold Developer liable for the difference. For the purposes of this Agreement and access to any security offered and accepted to secure Developer's performance, a default shall include failure to install or have installed any portion of the improvements to County specifications and failure to complete any required inspections by 1 year's time from the date of the recording of the plat. 10. The security shall be released by County upon request by Developer within ninety (90) days after the completion, inspection and approval of the required improvements. 11. In accordance with Deschutes County Code Section 17.24.120(C), building permits may be issued for any lot or parcel of the Subdivision. 12. The existence of this Agreement shall be noted upon the final plat by reference to the recording book and page numbers. 13. By signature of this Agreement, any mortgagee or other holder of a security interest in the property (hereinafter referred to as Mortgagee) agrees to subordinate its security interest in the Subdivision real property to this Agreement. In particular, Mortgagee agrees that this Agreement would survive any foreclosure by Mortgagee on the Subdivision real property. 14. The original of this Agreement shall be recorded with the Deschutes County Clerk and shall be a condition and covenant that shall run with the land and be binding upon the Subdivision real property. It is the intent of the parties that the provisions of this Agreement shall be binding upon the parties, their successors, heirs, executors, administrators, and assigns, or any other party deriving any right, title or interest in or to the Subdivision real . property, including any person who holds such interest as security for the payment of any 2 - Deschutes County/Eagle Crest, Inc. - TP -01-924 obligation, including the Mortgagee or other secured party in actual possession of said real property by foreclosure or otherwise or any person taking title from such security holder. so15. By their signatures, all signatories to this Agreement signing in a representative capacity certify that they are authorized to sign on behalf of and to bind their respective principals. 16. This Agreement shall expire 6 months after the completion date established by Section 2 herein or upon expiration of the land use permit for the Subdivision, whichever is sooner, or by the explicit release by County from this Agreement granted as part of an approval for a change of use of the Subdivision real property. 17. County's rights under this Agreement, including County's right to draw upon Developer's security in whole or in part and any other assets of Developer to pay the full costs and expenses of completing the improvements and repairs required herein (including costs of enforcement), shall survive the expiration of this Agreement. 18. It is agreed by and between the parties that Developer is not carrying out a function on behalf of the County, and County does not have the right of direction or control of the manner in which Developer completes performance under this Agreement or exercise any control over the activities of the Developer. 19. County is not, by virtue of this Agreement, a partner or joint venturer with Developer in connection with Developer's subdivision, and shall have no obligation with respect to Developer's debts or any other liabilities of each and every nature. 20. Developer shall be responsible for any and all injury to any and all persons or property caused directly or indirectly by reason of any and all activities by Developer in the . performance of this Agreement; and further agrees to indemnify, save harmless and defend the County, its officers, agents and employees from and against all claims, suits, actions, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with any such injury. 21. In the event an action or suit or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, County shall be entitled to recover, in addition to other sums or performances due under this Agreement, reasonable attorney's fees and costs as the court may adjudge in said action, suit, proceeding or appeal. 22. Waiver of the strict performance of any provision of this Agreement shall not constitute the waiver of any other provision or of the Agreement. 0 23. Upon request of Developer, County may release any of Developer's obligations under the terms and conditions of this Agreement in writing upon completion and County inspection and approval of any portion of the required improvements. 24. County, by virtue of this instrument, is entitled to enter upon the real property described herein to enforce, as necessary or convenient, the terms of this instrument. 3 - Deschutes County/Eagle Crest, Inc. — TP -01-924 DATED this 'l/-, day of _2002. COUNTY: DESCHUTES COUNTY, OREGON OFFICIAL SEAL SANDRA L RINGEN NOTARY PUBLIC -OREGON COMMISSION NO 352029 GEORGE J. AD, irector MY COMMISSION EXPIRE, DE! a, 2005 •—--- ��� Community Development Department STATE OF OREGON, County of Deschutes ) ss. I certify that I know or have satisfactory evidence that GEORGE J. READ is the person who appeared before me, and said person acknowledged that he signed this instrument as the Director of Deschutes County Community Development Department, Deschutes County, Oregon, and acknowledged it to be his free and voluntary act fRr the uses and purposes mentioned in this instrument. D �// �,/� My Commission Expires: DATED thIS4 day of��..., , 2002. • DEVELOPER: EAGLE CREST, INC. OFFICI=SEALSERENA L F PU /JnNOTARY 'COMMISSIOg ALAN VAN VLIETM y OMMISSION EXPIR Construction Director • STATE OF OREGON, Deschutes County) ss. I certify that I know or have satisfactory evidence that ALAN VAN VLIET is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Construction Director of EAGLE CREST, INC. to be the free and voluntary act of such parties, in his representative capacity, for the uses and purposes mentioned in this instr ent. Notary Public for Oregon My Commission Expires: 4 - Deschutes County/Eagle Crest, Inc. — TP -01-924 • - `+ Page 1 EAGLE CREST TO REDMOND PUMP STATION AND FORCEMAIN COST OPINION January 2002 EST. ITEM DESCRIPTION OUANTITY UNIT UNIT PRICE TOTAL 1. Mobilization and Bonding All Req'd. LS $10.000.00 _ $10,000 2. Site Preparation and Gravel Parking/Access 670 SY $7.00 $4,690 3. Wet Well Excavation and Backfill a. Excavation 1,000 CY $14.00 $14,000 b. Native backfill 400 CY $6.00 $2,400 4. Wet Well a. 3/4" minus leveling course 20 CY $27.00 $540 b. Concrete, Incl. testing, forming, rebar, pour, finish All Req'd. LS $39,000.00 $39,000 c. Coat wet well with 1-12S resistant finish 3120 SF $2.50 $7,800 Strong seal or equal d. 36"x72" access frame and hatch 1 EA $2,000.00 $2,000 e. Sloped floor All Req'd. LS $3,000.00 $3,000 f. Leakage test All Req'd. LS $2,500.00 $2,500 5. Bioxide Feed System a. 12'x12'x6" reinforced 3000 psi slab All Req'd LS $800.00 $800 b. 4200 gallon bioxide tank with heated wiring All Req'd LS $25,000.00 $25,000 for freeze prevention. Bellows style pump and • control panel assembly, valves, complete and installed, operational c. 314' sch.80 PVC piping to wetwell Inflow line, 100 LF $8.00 $800 and to discharge forcemain d. Saddle taps for bioxide feed 2 EA $200.00 $400 e. Fence enclosure around bioxide tank s0 LF $14.00 $840 t. 12' Gate to tank All Req'd LS $500.00 $500 6. Controls Building a. 12'x16' Insulated R38/R19 wood structure with All Req'd LS $12.000.00 $12.000 composite 3 tab roofing, concrete slab floor, painted siding, details per Eagle Crest b. Heating, lighting, ventilation, details per planet All Req'd LS $5,000.00 $5,000 7. Perimeter Fence a. 6' chain link with 3 strand barbed wire and slats 170 LF $16.00 $2,720 b. Gate, double swing All Req'd LS $500.00 $500 8. 2' Sch. 40 water line to the site from 800 LF $15.00 $12.000 Nutcracker Road. Common trench with CEC power • - `+ Page 1 • • Page 2 EAGLE CREST TO REDMOND PUMP STATION AND FORCEMAIN COST OPINION January 2002 EST. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 9. Pumps and Slide Rail, Piping a. S4TX Pumps, 125HP motors 2 EA $32,000.00 $64,000 b. 8'x6' base elbows, discharge piping All Req'd. LS $1,500.00 $1.500 c. 8" Kennedy RSGV 2 EA $600.00 $1,200 d. 8" APCO lever/spring check valve 2 EA $1,500.00 $3,000 e. UV 575 valve vault and 3'x5' aluminum lid 1 EA $5,000.00 $5,000 I. Slide rails, lifting system, guides, corrosion All Req'd. LS $2,000.00 $2,000 resistant 10. Pump panel, conduit, wiring, seals, jboxes, All Req'd. LS $58,000.00 $58,000 pressure transducer, level control 11. Flow meter, output connection to telemetry, AN Req'd. LS $8,000.00 $8,000 incl. UV 444 vault and access hatch 12. Electrical Service to Station Site Conduit and Wiring 800 LF $6.00 $4,800 a. b. 660 PGE switch vault, as needed 1 EA $3,000.00 $3'000 13. Telemetry, with hookup to existing CBUC All Req'd. LS $9,000.00 $9,000 • telemetry. Include a repeater station Pump Station Subtotal: 5305.990 14. Forcemain, Incl. Exc, backfill, piping fittings, complete a. Pump station to Cline Falls Highway and 1,220 LF $35.00 $42,700 Cline Falls Highway to Highway 126 12' CL 160. 3' Cover b. Pig launch wye and vault (UV676, 12x12x12 wye) All Req'd. LS $7.000.00 $7,000 c. Open cut Cline Falls Highway (Traffic control, CTB 80 LF $100.00 $8,000 backfill, T cut, AC patch. Excluding pipe. d. Bridge crossing. Bore ducts, plate holes, 380 LF $1,000.00 $380,000 10" pipe with casing, Insulation e. 12' 450 bends to get Into and out of bridge 4 EA $1,500.00 $6.000 crossing. Mega -lug and T.B., as needed I. Expansion Joint at each end of crossing 2 EA $3,000.00 $6'000 g. 8x12 reducers, restrained 2 2 EA EA $750.00 $600.00 $1,500 $1200 h. 8' Gate valves, each side of bridge 1. East end of bridge to the bore just west of 13,700 LF $35.00 _ $479,500 35th Street. 12' Class 160 with 314-0 bedding and backfill. State spec rock, 4' cover 12' restrained joint with casing, per ODOT J. Highway 126 boring west of 35th Street, 36' Lasing. 80 LF $1,250.00 $100.000 k. 12' forcemaln north along west side of 35th, 370 LF $45.00 $16.650 with 90• bend and tie to gravity manhole Per City of Redmond standards. Use outside drop Page 2 0 • r • EAGLE CREST TO REDMOND PUMP STATION AND FORCEMAIN COST OPINION January 2002 EST. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I. AlrNacuum release valves with vault 3 EA $2,000.00 $6,000 m. 12" inline gate valves with valve box and 12 EA $1,000.00 _ $12,000 concrete pad n. Shoulder till along flll/guardrall sections 2.6 MILES $15,000.00 $39,000 o. Remove and replace delineators as needed 50 EA $25.00 $1,250 p. Traffic control (3 ® 18/hr, 10hr/day, 100 days) All Req'd. LS $54,000.00 $54.000 q. Driveway restoration 20 EA $400.00 $8,000 r. COID crossings 2 EA $4,000.00 $8,000 s. Leakage Testing 15400 LF $1.25 $19,250 Forcemain Subtotal: $1,176,000 Pump Station & Forcemaln Subtotal: $1,482,000 10% Contingency $148,000 Pump and Forcemaln TOTAL: S1,030.000 • 816567.018IJF070601.XLS • Page 3 OYSUEINUOLOWFDNTRCOMS FNL,COUNTYLEERK • 1111LUJI1111111111 $46.00 0111612002 04;22;30 PM O-COVB Cntol sln.4 JEFF $20.00 •11.00 $10.00 $5.00 r. 10 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. • �J FIRST AMENDMENT TO AMENDED AND RESTATED BYLAWS FOR TENNIS VILLAGE TOWNHOUSES ASSOCIATION, INC. (an Oregon Condominium) This Ame ded Declaration, pursuant to the provisions of ORS 100. 1 V is made and executed in _Aa,11k County, Oregon, this 11nday of 01, by TENNIS VILLAGE TOWNHOUSES ASSOCIATION, INC., an Oregon nonprofit corporation. RECITALS A. TENNIS VILLAGE TOWNHOUSES ASSOCIATION, INC. (the "Association"), is an Oregon nonprofit corporation. B. The members of the Association are members of a condominium project with Bylaws originally recorded December 13, 1976, in Book 242, Page 192, Deed Records, Deschutes County, Oregon; as amended by instrument recorded December 20, 1983, in Book 37, Page 485, Deed Records and as amended Amended and Restated on November 18, 1986, at Book 136, page 2357, Deschutes County Official Records (collectively the "Amended Bylaws"). The members of the Association have voted to amend the Amended Bylaws as provided herein by a vote of 100% of the membership of the Association. The members of the Association have voted to amend the Amended Declaration as provided herein. THEREFORE, the Association, on behalf of its Unit Owners, hereby amends the Amended Bylaws as follows: 1. Restatement of Section 4.7. Section 4.7 of the Amended Bylaws is hereby revoked and amended and restated in its entirety as follows: "4.7 Voting Rights of the Unit Owners. Each Unit Owner shall be entitled to one vote per Unit owned by such Unit Owner; provided, however, if any one Owner, or any group of Owners directly or indirectly related, or affiliated, or in common control with one another (collectively an "Acquiring Person" or "Acquiring Group" as the case may be) attains the ownership of a total of five or more Units, then such Acquiring Person and/or Acquiring Group shall only be entitled to vote a maximum of five votes at any vote of Unit Owners, notwithstanding the ownership of more than five Units, unless a majority of non - interested Unit Owners elect to restore the voting rights of the Acquiring Person or Acquiring Group to one vote per Unit." 2. Defined Terms. Except as otherwise defined herein, the terms used in this First Amendment to the Amended Bylaws (the "First Amendment") shall have the respective meanings assigned to such terms in the Amended Bylaws. Page 1. FIRST AMENDMENT TO AMENDED AND RESTATED BYLAWS 1765.3\I47931.doc • 3. Ratification of Declaration. Except as expressly amended hereby, all terms, covenants and conditions of the Amended Bylaws shall remain in full force and effect, and the members of TENNIS VILLAGE TOWNHOUSES ASSOCIATION, INC. to expressly ratify and confirm the Amended Bylaws as amended hereby. All future references to the Amended Bylaws shall be deemed to refer to the Amended Bylaws as amended hereby. 4. Effective Date. This First Amendment shall take effect upon recording. Executed by the duly authorized representatives of the Association this /1' day of ( , 2001. TENNIS VILLAGE TOWNHOUSES ASSOCIATION, INC., an Oregon nonprofit corporation STATE OF OREGON ) 4A'M�)ss. County of) The above signed, LARRY BRABHAM, certifies that the above was adopted in accordance with the Amended Declaration of the said Association and the provisions of ORS 100.135. �_ The foregoing instrument was acknowledged before me this f ZS ' day of 2001, by LARRY BRABHAM, as President and Chairman of TENNIS VILLAGE TOWNHOUSES ASSOCIATION, INC., an Oregon nonprofit corporation. OFFICIAL SEAL DENISE A ELDER j NOTARY PUBLIC - OREGON COMMISSION NO. 317269SolNOTARY PUBLIC FOR OREGON MY IZI MIS IN E1�I8E4 3.2802 Page 2. FIRST AMENDMENT TO AMENDED AND RESTATED BYLAWS 1765.3\147931.doc STATE OF OREGON ) ) ss. County of ) The above signed, JAMES W. HOFFMAN, certifies that the above was adopted in accordance with the Amended Declaration of the said Association and the provisions of ORS 100.135. The foregoing instrument was acknowledged before me this /011ay of h.Q.42001, b JAMES W. HOFFMAN, as Secret o TENNIS ENNIS VILLAGE Y �'Y TOWNHOUSES ASSOCIATION, INC., an Oregon nonprofit corporation. 'i: � i� i.�i iii-�.� v%✓r.���� I* Page 3. FIRST AMENDMENT TO AMENDED AND RESTATED BYLAWS 1765.3\147931.doc 0 The foregoing First Amendment to the Amended Bylaws >is apkr%)(f4jjVrsuant to Section 17 of the Amended Bylaws, this 4th day of Jai�us';��`_; SCOTT', • • • j ,�� , RE4;�. vAft�C�IISB - By Brim'.)4 - . ...v�„y.... .:wc •..o.11�i�,'e'6��i►,`j" \M\I�JjY.4:5d'r;'• '•�11f11111 I'll � 0 10 Page 4. FIRST AMENDMENT TO AMENDED AND RESTATED BYLAWS 1765.3\147931.doc r a �' After recordiy� return to: i Co Aa� j e, �� s r___ 06 1?aPv•cQ I D2 � `t7 D 1 (This space reserved for recorder's use) RE: Contract recorded August 20, 1980 between HERBERT H. HAIDER and MAY D. HAIDER (Seller) and PHILLIP G. PRODEHL and MARIANNE HAWKINS (Purchaser) MUTUAL RESCISSION OF REAL ESTATE CONTRACT OF SALE p-, This Agreement of mutual rescission of a contract made and entered into this day of;ernber , 2002, by and between MAY D. HAIDER, of Bend, Oregon, and PHILLIP G. PRODEHL and MARIANNE PRODEHL (FKA MARIANNE HAWKINS), of Bend, Oregon. The parties recite and declare that: A. On August 19, 1980, the parties entered into a contract for sale (the "Contract") of real property located in Deschutes County, Oregon more particularly described as follows: The East Half of the West Half of the Northwest Quarter of the Southeast Quarter (E 1 /2 W1/2 NW 1/4 SE 1/4) of Section Eleven (11), Township Seventeen (17) South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon . B. The Contract was recorded August 20, 1980 in Book 326, at Page 979, in the Records of Deschutes County, Oregon C. The parties to the Contract and to this agreement of mutual rescission desire to rescind the Contract. For the reasons set forth above, and in consideration of the mutual covenants of the parties hereto, the parties agree as follows: The above-mentioned contract is hereby RESCINDED and neither party shall have any further rights or duties thereunder. SELLER: 4PURCHA: MA D,4iAIDER PHILLIP U. PROD FIRST AMERICAN 1'tTLE ?NSURANCE COMPANY OF OREGON /N a e� P.O. BOX 323 SEND, OR 97709 MARIANNE PRODEHL • • STATE OF OREGON, County of Deschutes) ss. This instrument was acknowledged before me on U e_4 per' , 20V -2-by Phillip G. Prodehl and Marianne Prodehl (formerly known as Marianne Hawkins). OFFICIAL SF -AL D5RBIE P BLEILE NOTARY PUBLIC- OREGON COMMISSION N0.33 _ 5 MY COMMISSION EXPIRES MAR27,201 STATE OF OREGON, County of Deschutes) ss. Notary Public for Oregon My Commission expires: This instrument was acknowledged before me on OfhLze- I , 20 0z- by May D. Haider. OFFICIAL SEAL ABBY L CARAM NOTARY PUBLIC -OREGON +s % COMMISSION NO. 359670 MY COMMISSION EXPIRES JUL. 22.2006 Notary Pu is for Oregon My Commission expires: 7 ZZ cid HF-bt0hUtb8 HR6fAMfl hIQAWTITI-C !NSURANCE COMPANY OF OREGON AS AN ACCOMODATION ONLY. NO LIABILITY 1$ MUTUAL RESCISSION OF REAL ESTATE CONTRACT OF SALE -1 ACCEPTED FOR THE CONDITION OF TITLE CR FOP, T4 VALIDITY, 9UFFjQjgN6YI QR LF ECrOFTHISDOCUMENT. After recording return to: THE CITY OF BEND 710 NW WALL STREET BEND, OR 97701 Until a change is requested, all tax statements shall be sent to the following address: THE CITY OF BEND 710 NW WALL STREET BEND, OR 97701 DESCHUTES SIX LOW,F000NTYICIAL RCLERKS ' � MARYY 11111 $31-00 08/16/200212;19;68 PM D -O Cntal W4 TRACY $5.00 $11.00 •10.00 ".00 STATUTORY WARRANTY DEED THE CITY OF BEND, OREGON, A Municipal Corporation, Grantor (s) hereby grant, bargain, sell, warrant and convey to: THE URBAN RENEWAL AGENCY OF THE CITY OF BEND, KNOWN AS THE BEND DEVELOPMENT BOARD, Grantee (s) and grantee's heirs, successors and assigns the following described real property, free of encumbrances except as specifically set forth herein in the County of DESCHUTES and State of Oregon, to wit: BEND Lot 14 Block 16, located in the City of Bend, Deschutes County, Oregon SUBJECT TO: All those items of record and those apparent upon the land, if any, as of the date of this deed and those shown below, if any: Easements, Agreements, Covenants, Conditions and Restrictions of record. and the grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true and actual consideration for this conveyance is $0 (zero dollars), as this transaction is from one City entity to another City entity. Date7;Da;vid day of u -02 BY: ales, City Manager State of OREGON County of DESCHUTES This instrument was acknowledged before me on August 14th 2002 by My commission expires 1Tf oLi (Notary PuE lic orOregon) Jeff Sageser From: M Jane Spink Sent: Friday, January 25, 2002 10:40 AM To: Jeff Sageser Subject: RE: Personal Prop Tax Warrants Jeff The CB is Contract Buyer (purchaser) the lien should be in this name as well as the OWNER OF RECORD (ALL NAMES SHOULD BE INDEXED) all the others: % (A) in care of for mailing purposes only (REPO) repossessed by lienholder, but no name change yet (113) means we have done a 113 to transfer title on a manufactured home, but it hasn't happened yet These are notations only - the lien should only be in the Owner of Record - These are ALL FOR MAILING PURPOSES ONLY & SHOULD NOT BE INDEXED Thanks jane -----Original Message ----- From: Jeff Sageser Sent: Friday, January 25, 2002 9:43 AM To: M Jane Spink Subject: Personal Prop Tax Warrants • Hi Jane, We trying to update some of our indexing guidelines & new your help. At your convenience can you let us know what the following are in the warrants (we know most of them): (CB) - -JA) -- -- — (REPO) (113) Also, please let us know if names associates with these should be indexed. Thanks! Jeff • 1 AUG -09-2002 11:10 TONKON TORP LLP 1:12 P.03i13 Return Address. DAVIS WRIGHT TREMAINE LLP 2600 Century Square ISO I Founh Avenue Seattle, Washington Atm: Ward E. Buringrud I THIiDOCUMeW-FILED FOR •RECORDAY.................................................................................................................. AMEiIICAN STATES TITLE COMPANY AS AN Space above this line for Recorder's Use ACCOMMODATION ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS EXECUTION OR AS TO ITS EFFECT UPON THE TITLE. ,LANDLORD CONSENT Grantors: John E_ Mobley and Nancy L. Mobley Grantee: Banner Bank, a Washington banking corporation n U -z, This Landlord Consent is being fled in connection with ORS §87.162 40 • AUG -09-2002 11:10 TONKON TORP LLP 92 P.04i13 LANDLORD CONSENT THIS LANDLORD CONSENT (the "Agreement") is made as of the 9th day of August, 2002, by JOHN E. MOBLEY and NANCY L. MOBLEY (the " I gndlord"), to and for the benefit of BANNER BANK, a Washington banking corporation (the "Lender"). RECITALS: WHEREAS, Key Technology, Inc., an Oregon corporation (the n nt'), has possession of and occupies all or a portion of the property described on Exhibit A annexed hereto (the "Premis s"); WHEREAS, Tenant's interest in the Premises arises under that certain Indenture of Lease dated December 30, 1999 between Tenant, as tenant, and Landlord, as landlord (as amended, supplemented or otherwise modified, from time to time, the "Lease"), pursuant to which Landlord has rights, upon the terms and conditions set forth therein, to take possession of, and otherwise assert control over, the Premises; WHEREAS, reference is made to that certain Loan Agreement to be dated on or about August 9, 2002 (as it may be amended, supplemented or otherwise modified, the "Loan AMemcnt'; the terms defined therein and not otherwise defined herein being used herein as therein defined), by and between Tenant and Lender, pursuant to which Tenant has executed a security agreement in relation to the Loan Agreement; WHEREAS, Tenant's repayment of the extensions of credit made by Lenders under the Loan Agreement will be secured, in part, by all inventory owned by Tenant (including all inventory of Tenant now or hereafter located on the Premises (the "Inventory')), all equipment owned by Tenant (including all equipment of Tenant now or hereafter located on the Premises (the "Equipment")) and all fixtures owned by Tenant (including all fixtures of Tenant now or hereafter located on the Premises (the "Fixtures", and, together with the Inventory and the Equipment, the "Collateral")), without limiting the generality of the foregoing, said Equipment and Fixtures located on the Premises as of the date hereof are described on Exhibit B annexed hereto; and WHEREAS, Lender has requested that Landlord execute this Agreement as a condition to the extension of credit to Tenant under the Loan Agreement. NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord hereby represents and warrants to, and covenants and agrees with, Lender as follows: 1. Landlord hereby (a) waives and releases unto Lender and its successors and assigns any and all rights granted by or under any present or future laws to levy or distraint FAdon15824312\W020 Landlord Contem.doc Seank 0 AUG -09-2002 11=11 TOWON TORP LLP #2 P.O5i13 for rent or any other charges which may be due to Landlord against the Collateral, and any and all other claims, liens and demands of every kind which it now has or may hereafter have against the Collateral, and (b) agrees that any rights it may have in or to the Collateral, no matter how arising (to the extent not effectively waived pursuant to clause (a) of this paragraph 1, shall be second and subordinate to the rights of Lender in respect thereof. Landlord acknowledges that the Collateral is and will remain personal property and not fixtures even though it may be affixed to or placed on the Premises. 2. Landlord certifies that (a) Landlord is the landlord under the Lease, (b) the Lease is in full force and effect. 3. Landlord consents to the installation or placement of the Collateral on the Premises, and Landlord grants to Lender a license to enter upon and into the Premises to do any or all of the following with respect to the Collateral: assemble, have appraised, display, remove, maintain, prepare for sale or lease, repair, transfer, or sell (at public or private sale). In entering upon or into the Premises, Lender hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims, judgments, liabilities, costs and expenses incurred by Landlord caused solely by Lender's entering upon or into the Premises and taking any of the foregoing actions with respect to the Collateral. Such costs shall include any damage to the Premises caused by Lender in severing and/or removing the Collateral therefrom. 0 4. Landlord agrees that it will not prevent Lender or its designee from entering upon the Premises at all reasonable times to inspect or remove the Collateral. 5. All notices to Lender under this Agreement shall be in writing and sent to Lender at its address set forth on the signature page hereof by United States mail, or by overnight delivery service. 6. The provisions of this Agreement shall continue in effect until Landlord shall have received Lender's written certification that all credit extended to Tenant under the Loan Agreement have been paid in full. 7. This Agreement and the rights and obligations of the parties hereunder sball be governed by, and shall be construed and enforced in accordance with, the internal laws of the State of Washington, without regard to conflicts of laws principles. FAdou158241000020 Lw dlad Con�eaAcc 2 s���k AUG -09-2002 11:11 TONKON TORP LLP #2 P.06i13 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be duly executed and delivered as of the day and year first set forth above. �—'C — 4 . � 'Z 'el 10 E. MOBLEY </�V '211,(f-��� NAIj(C L. MOBLEY 1843` Pinehurst Road Bend, OR 97701 Attn: By its acceptance hereof, as of the day and year first set forth above, Lender agrees to be bound by the provisions hereof. BANNER BANK By: tL� Name: Title: 5V P Banner Bank 1 East Alder Avenue Walla Walla, WA 99362 Atm: Matt Tucker f:Wocs\51243\2100020 Landlord Cmuent.doo 3 • Seude AUG -09-2002 11:11 TONKON TORP LLP #2 R STATE OF OREGON ) ss. COUNTY OF DESCHUTES ) On this day of August, 2002, before me, a Notary Public in and for the State of Oregon, personally appeared JOHN E. MOBLEY and NANCY L. MOBLEY, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as their free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. i OFFICIAL SEAL LINDA BENHAM NOTARY PUBLIC - OREGON NOTARY PU LI d for the *MY COMMISSION NO. 340593 COMMISSION EXPIRES DEC. 10, 2004 Oregon, residing at My appointment expires -1 STATE OF WASHINGTON0 ) ) ss. COUNTY OF WALLA WALLA ) On this _ 13 day of August, 2002, before me, a Notary Public in and for the State of Washington, personally appeared W,L :j[)C 1(_e Y- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the , ,c" I t Y Vi -t 46 f BANNER BANK, a Washington banking corporation, to be the free and voluntary act and deed of said national banking association for the uses and purposes mentioned in the instrument. year IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal the day and F:%does159243V%00020 Laedbrd ConuM.doe . Seattle NOIFARY PUBLIC in and for the State of Washington, residing at (A)CO tL My appointment expires 4 P.07i13 AUG -09-2002 11:11 TONKON TORP LLP 92 P.08i13 EXHIBIT A Legal Description of Premises: PARCEL I: A parcel of land in the Northeast Quarter of the Southeast Quarter (NEI/4 SEI/4)of Section 16, Township 15 South, Range 13, East of the Willamette Meridian, Deschutes County, Oregon, and now to be more particularly described as follows: Commencing at a brass cap at said East Quarter corner; the initial point; thence South 00° 11' 38" East along the Easterly line of said Section 16, 650.57 feet to a 1/2" pipe and the true point of beginning; thence South 00' 1 l' 38" East along said section line, 111.97 feet; thence along the centerline of COID's Lateral E as follows: 124.78 feet along the are of a 400.00 foot radius curve left, forming a delta angle of 17' 52' 25" and a long chord bearing South 53° 56' 12" West, 107.64 feet; thence South 46° 1 V 22" West, 25.07 feet; thence 48.07 feet along the arc of a 40.00 foot radius curve right, forming a delta angle of 68° 50' 54" and a long chord bearing South 80' 36' 49" West, 45.23 feet; thence 191.36 feet along the arc of a 257.539 foot radius curve right, forming a delta angle of 42" 34' 21" and a long chord bearing North 43° 40' 33" West; 186.99 feet; thence North 22' 23' 23" West, 20.89 feet; thence 40.53 feet along the arc of a 150.00 foot radius curve right, forming a delta angle of 18° 32' 10" and a long chord which bears North 13° 07' 18" West, 48.32 feet to a point witnessed by a 1/2" pipe on the Easterly easement line of said lateral which bears North 89° 38' 22" Is East, 15.03 feet, thus ending this boundary along the centerline of said Lateral E; thence North 89° 30' 22" East parallel to the Northerly line of said SEI/4, 301.04 feet to the point of beginning. PARCEL II: A parcel of land in the Northeast Quarter of the Southeast Quarter (NEI/4 SEI/4) of Section 16, Township 15 South, Range 13, East of the Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at a 1/2" iron pipe on the East line of Section 16, South 0° 11' 30" East, 350.00 feet from the East quarter corner of said Section 16; thence South 0° 1 I ' 30" East along the section line, 300.57 feet to a 1/2" iron pipe; thence South 89' 38' 22" East, 301.04 feet to the centerline of the Central Oregon Irrigation District Lateral E; thence along said centerline, 159.26 feet along the arc of a 150.00 foot radius curve right, the long chord of which bears North 260 22' 08" East, 151.01 feet; thence North 56' 35' 29" East, 52.67 feet; thence 155.44 feet along the arc of a 100.00 foot radius curve to the left, the long chord of which bears North Ir 03' 41" East, 140.26 feet; thence leaving said centerline North 89° 30' 22" East, 159.67 feet to the point of beginning. FAdocA58343\200020 Landlord Comcni.doc 5 searrle 0 AUG -09-2002 11:11 TONKON TORP LLP #2 • EXHIBIT B Description of Equipment and Fixtures: Asset Number Deghgion Tait ID 0 4143 RACK -6 SHLF F/LONG P 4144 LATHE M-0226 4153 RACKS -5 SHELVES M-0200 4154 RACKS -5 SHELVES M-0200 4155 RACK -5 SHELVES M-0202 4156 RACK -6 SHELVES M-0203 4157 RACK -6 SHELVES M-0206 4158 RACKS -2 SIDED, 3 SEC M-0211 4172 HANDPRESS-BROACH PRS M-0223 4173 MILLING MACHINE M-0228 4174 DRILL PRESS M-0229 4181 LATHE-SANTEC 1764T M-0210 4182 VERTICAL MILL -CNC M-0225 4186 DRILL PRESS M-0213 4193 LATHE M-0227 4214 LATHE-TOOLMEX M-0207 4216 MILLING MACHINE -SHARP M-0220 4221 ACCURPRESS M-0205 • 4224 ACCURPRESS M-0 205 4243 SHLVNG UNIT -3 SHELVS M-0119999 4244 STOCKROOM SHELVING 4245 SHOP SHELVING UNITS 4251 VERT MILLING MACHINE M-0222 4252 VERT MILL MACH-ADD'L M-0222 4261 NEWALL LATHE DIG REA M-0226 4262 ACCURSHEAR M-0204 4269 LTHE-YANG ML -55A CNC M-0216 4280 METAL HANDSAW -0212 4292 DIES -FOR BENDER E-0640 E 4308 CNC MILLER M-0217 4315 CNC MILLING MACHINE M-0221 4332 CNC LATHE M-0218 4123 BEVERLY SHEAR E-0657 4130 BENCH GRINDER E-0660 4131 WELDR-MILLER 250 E-0665 4132 WORKBENCH -METAL E-0669 4133 WORKBENCH -METAL E-0670 4134 WORKBENCH -METAL E-0671 4135 WORKBENCH E-0673 F:ldoesX58243000020 Landlord Consens.doc I • 5caulc P. 09/13 AUG -09-2002 11:11 TONKON TORP LLP #2 P.10i13 • Asset Num a Igg ID # 4136 WORKBENCH E-0676 E-0682 4137 SCALE -SHIPPING E-0631 4145 WORKTABLE -METAL E-0633 4146 WORKTABLE -METAL E-0637 4147 WORKTABLE -METAL E-0638 4148 WORKTABLE -METAL E-0651 4149 TABLE -METAL E-0658 4150 WORKTABLE -METAL E-0659 4151 WORKTABLE -METAL E-0674 4152 WORKBENCH 4159 HANDBRAKE -JET M-0209 4162 MILL MACH-SUPERMAX E-0634 4163 WELDR-MILLER E-0635 4164 WELDR-MILLER E-0639 4165 CBNT-2DR F/HAZARDM E-0652 4166 POLISHER E-0654 4167 HANDTRUCK-HYDRAULIC B-0677 4168 TOOL GRINDER -JET E-0679 4169 DRILL GRINDER E-0680 4170 CBNT-LOCK RCTOOLING 4176 CASE BACKHOE 4178 PATTERN BURNR-VICTOR 4189 MILLING MACHINE-ENCO M-0215 4191 KUBOTA & ATTACHMENTS E-0683 4192 SAW -10" CONTRACTOR E-0642 E-0649 4195 55R HVYDTY PRESS -FAL E-0647 4196 VERTICAL BELT SANDER E-0644 4212 FORKLIFT-HYSTER M-0207 4213 4215 MOLD WELDR-MILLR ECONOTIG E-0653 4217 BAND SAW-ELLIS MITRE E-0646 4218 MOLD 4219 MOLD E-0648 4220 AIR COMP -HITACHI 2HP 4222 MOLD M-0214 4223 DRILL PRESS -JET E-0678 4249 TOOL SHARPENER 4250 MOLD E-0655 4253 AIR COMPRESSOR E-0656 4254 AIR COMPRESSOR M-0219 4255 SMW SPCSVR 680-AUTOL F:W=\512431M0020 L-dlord COnscncd*c 2 scsltic 0 AUG -09-2002 11:12 TONKON TORP LLP 42 P.11i13 0 Asset Number Description T E ID # 4260 DIE -12" ACUTE PUNCH 4270 PANEL SAW -PETERSON M-0201 4271 DRILLING/TAPPING MAC M-0224 4272 WELDR-MILLER SYNC250 E-0668 4273 MILLER COOLMATE 4 E-0664 4274 BANK SAW-ELLIS MITRE E-0645 4276 4284 MOLD POTATO STEAMER/PEELR E-0630 4285 WELDR-MILLER MILLERM E-0662 4286 WELDR-MILLER SYNCROW E-0663 4290 BENDER E-0640 4294 MOLD E-0650 4295 FORKLIFT-HYSTER 60 F-0451 4304 BOOKSHELF -4 SHLF OAK 4305 TIMECLOCK 420 F-061 E-06661 4307 WEDLR-MILLER MILLERM 4309 NUBBIN ROLLER & MOLDS 4310 PORTABLE SANDBLASTER E-0681 4311 SAW -TABLE 10" SEARS E-0643 E-0655 4317 COMPRESSOR REPAIR E-0632 4318 IDEALARC SP -200 E-0636 4319 SHEET ROLLER-ENCO 4320 WELDR-MILLER XMT 300 E-0666 4321 WELDR-PLASMA CUTTER E-0667 4322 LST ARBOR PRESS-THR E-0672 4323 BAND SAW-ELLIS MITRE E-0641 4324 INVERTER -1 GREY 4325 INVERTER -I OLDER ONE 4326 INVERTERS - GREY 4327 INVERTERS - GREY 4328 INVERTER - GREY 4331 MOLD E-0684 4333 AIR COMPRSR-B65L ROT 4336 ROTARY TABLE E-0675 4337 SAW-RO-TECH'S 4338 STORAGE CONTAINER E-0711 4775 PLTR-HP DESIGNJT 430 4142 OLD TRAILER -YELLOW 4179 TRAILER -LITTLE 4180 TRAILER -OLDER CAR MV 4263 TRUCK -97 CHEVY 1 TON A-0024 0 F:Wou1512431Z100020lmdlwd Conscadoc 3 Senile AUG -09-2002 11:12 TONKON TORP LLP #2 P.12i13 • Asset Number Descr 240 Tai iD # 4277 TRUCKBED A-0025 4298 TRAILER-FLTBD FEATHR 4312 TRUCK -91 CHEVY S10 A-0021 4313 TRUCK -96 CHEVY 1500 A-0023 4138 DESK -METAL F-0422 4139 DESK -METAL F-0423 4140 DESK -WOODEN F-0424 4141 DESK -LARGE OAK DRWNG F-0449 4171 DESK, CRED, FLCB-CHERY F-0453 4177 COPY -CANON NP 3825 F-0448 4188 TYPEWR-IBM WHEELWRTR 4190 FLCB-3 DRWR WOODEN F-0419 4194 FLCB-OAK-4 SHELF F-0439 4197 TVNCR-LITTLE 4201 SHOW EQUIPMENT F-0427 4202 TVNCR-PANASONIC F-0421 4203 FLCB-4 DRWR F-0447 4204 PRT STAND -OAK F-0452 4205 COMP STAND -ROLLAWAY 4206 PICNIC TABLES F-0440 • 4209 FAX -HP FAX 950 F-0429 4226 DESK -OAK F-0430 4227 CREDENZA -OAK F-0431 4228 OAK END TABLE F-0433 4229 DESK -OAK F-0434 4230 DESK -OAK F-0435 4231 DESK -OAK F-0436 4232 DESK -OAK F-0438 4233 OAK DESKMOOKSHELF 4234 ROUND TABLE F-0441 F-0446 4235 CREDENZA -OAK F-0450 4236 BKSHLF-5 SHELVES OAK 4237 CONFERENCE TABLE -OAK F-0425 4238 FLCB-4 DRWR F-0414 F-0445 4239 FLCB-4 DRWR F-0425 4240 CHAIRS -8 VGSC 150 1-206 4241 R&D ROOM DIVIDER 4242 ENTERTAINMENT CTR -OAK F-0426 4275 VID CAM -26x DIG ZOOM F-0448 4278 COUCH F-0442 4301 COPY -MITA DC -1255 0 FAdoca\56202100020 Landlord Cowncd00 4 Soak r AUG -09-2002 11:12 TONKON TORP LLP 02 P.13/13 Asset Number Description TV. ID 0 F-0443 4302 DESK -OAK F-0437 4303 FLCB-OAK 2 DRWR F-0432 4314 COPY-KONICA 2125 4330 VID CAMERA -OLDER ONE C-0290 312 MONTR-21" VIEWSONIC C-0858 3760 PC-TD260-MT 4160 SFTW-AUTOCAD 2000 4161 SFTW-AUTOCAD V13 4183 LPTP-NEC MULTISPEED 4184 SFTW-AUTOCAD-20001 C-1019 4185 PRT -HP DESKJET 500C C-1020 4187 PLTR-CALCOMP DES MTE 4198 PC -MICROSPHERE 4199 PC -MICROSPHERE 250MB 4207 SFTW-AIM A BOM -SQL B C-1021 4208 PRT -HP LASERJET 4+ C-1017 4210 PC -MICROSPHERE 4211 SOFTWARE -DISPOSE C-1034 4248 PRT -PAN CLR KX-P2135 C-1022 4256 PC -AST PENTIUM C-1031 • 4257 PRT -HP DESKJET 560C C-1035 4258 PC -AST PENTIUM 4259 PC.P166 C-1024 4265 PC-MICROSPHERE-SERVR 4266 PC -MICROSPHERE C-1029 4267 PC-GTWY G6-233 C-1032 4268 PC-GTWY G6-233 C-1036 4281 PC-GTWY GP6-350 C-1026 4283 PC-GTWY GP6-400 C-1037 4287 MONTR-21" GTWY VX900 C-1033 4288 MONTR-GTWY VX700 C-1025 4289 MONTR-OPTIQUEST V775 C-1038 4291 DIG CAM -OLYMPUS C-1023 4293 PRT -HP DESKJET 1120C C-1027 4296 MONTR-GTWY2000 EV900 C-1030 4297 MONTR-GTWY2000 EV900 4306 PC -MICROSPHERE C-1018 4316 MONTR-IDEK liyama 4334 SFTW-SURFTIAMCNC PRO C-1028 4339 LPTP-GTWY SOLO 0 F:ldoes%S824AAM20 Landlord Cnnientdoc 5 Seadic ���C��IC�IC��tC��(IC���tC�������IC��tCtC���tCtC��IC�tCtC�IC��1K�tC�(�%K����ICXIK��IC��tCtC��IC�1K��ICIC�tCtC��IC�(��tC�IC�tCtC�ICIC�%K��(tC��� P. 01 �c .= TRANSACTION REPORT DEC -02-99 THU 04:46 PM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP �K DEC -02 04:45 PM 3830496 1'26" 4 SEND OK 013 TOTAL 1M 26S PAGES; 4 DEC --61-1999 2:5:44 HMt-K 1 I 1 I Lt, Z)uu i n =INV • �+ �" • ••"•� "� • 0 cA "" �D � RELEASE OF EXCEPTIONS On March 19, 1999 the undersigned entered into a Development Agreement with West Bend Property Company, LLC and certain named individuals related to the development of lands sold and purchased between these same parties as that fad is evidenced by a deed recorded in the real property records of Deschutes County as document #99-13784-2. The referenced deed reserves easements to the benefit of the undersigned and lands to the west of the parcel sold and purchased, a true copy of that portion of the deed is attached and incorporated as exhibit A. In performance of the the Development Agreement the buyers have requested a release of those reserved easements from a parcel they are selling to the Bend rapine School District. NOW THEREFORE, subject to the closing of the intended sale and the conveyance to the Bend Lapine School District of the real property described in Exhibit B, the the undersigned does hereby release the parcel of real property specifically described in attached and incorporated exhibit B from the deed exception set forth in exhibit A. +y . . _ .41- �u—.4ryr2 - - - - 4-, • 0 • DEC -01-1999 23:44 AMERITITLE 50UTH BEND AmerliTitle Formerly Bend Title Company Part of the Jeld 1Ven ! arnily 541 368 6939 P-01/05 FAX COYER SIT EET PLEASE DELIVER FAX AS SOON AS POSSIBLE TO TETE FOLLOWING! NAME: COMPA REGARDING: FAX NUMBER: PHONE NUMBER: M FROM: LAultrL IVDA, r:.sq& OFFICER ' SE YJABLA L'SI'ANOL' FAX NUMBER: (541)388-6939 T PXIONE NUMBER: (541)389=91 PAGES INCLUD COVER') D!'A.TE I ►p 1-1 I,/ '1�i C0 PHONT: (541) 389-77I1 PHONE (541) 389-9176 FAX (541) 389-0506 -FA7{ (541) 388-6939 ( i SuNRlvrli ESCROW OFFICE 1',1)MON1) ESCROW 011FICE SUNRIVER VILLAGE, 111,0G. 7 735 S.W. 6TH STREET P.O. BOX 4325 11.0. Box 219 SUNRIVEn, OREGON 97707 IUMMOND, OREGON 97756 PHONE (541) 593-1613 / PIIONE (541) 923-1749 FAX (541) 593-2546 1 FAX (541) 923-5427 faxnote i 0 DEC -01-1999 23:44 RMERITITLE SOUTH BEND RELEASE OF EXCEPTIONS 541 386 6939 P.02/05 JT On March 19, 1999 the undersigned entered into a Development Agreement with West Bend Property Company, LLC and certain named individuals related to the development of lands sold and purchased between these same parties as that fact is evidences' by a deed recorded in the real property records of Deschutes County as document #99-13784-2. The refers -;-iced deed reserves easements to the benefit of the undersigned and lands to i � west of the parcel sold and purchased, a true copy of that portion of the deed is attached and incorporated as exhibit A. In performance of the the Development Agreement the buyers have requested a release of those reserved easements from a parcel they are selling to the Send Lapine School District. NOW THEREFORE, subject to the closing of the intended sale and the conveyance to the Bend Lapine School District of the real property described in Exhibit B, the the undersigned does hereby release the parcel of real property specifically described in attached and incorporated exhibit B from the deed exception set forth in exhibit A. Dated this 1'%r William E. Miller Central Oregon President. c lz day of n- % mo -MOR its (Notarial acknowledgements) NSTACIALSEAL CE C MILLER ARY PUBLIC -OREGON MMISSION N0.316423 [07 r;%f?1HF.S SEPT. 11 Z002 `yaoo-7 DEC -01-1999 23:44 AMERITITLE SOUTH BEND 541 368 6939 P -03/0b BXHTBIT• Fj TO RELEASE AGREEMENT WARRANTY DEED pg, 1 of WILLIAM E. MILLER, as to Parcela•l and 3 and THE CENTRAL OREGON PUMICE COMPANY, an Oregon Corporation, as to Parcel 2, Grantor(s) hereby grant, bargain, sell, warrant and convey to: WEST BEND PROPERTY COMPANY, LLC,. • Grantee(s) and grantee's heirs, successors and assigns the following described real property, free of encumbrances except as specifically set forth herein in the County of DESCHUTES and State of Oregon, to wit: PARCEL 1: all of Section Thirty-six (36), Township Seventeen (17) South, Range Eleven (11), East of the Willamette Meridian, Deschutes County, Oregon; EXCEPTING 22.5 acres in the Northeast corner as described in Partition Plat 1997-471 ALSO EXCEPTING that portion lying Southerly of Skylinare Road; ALSO EXCEPTINQ the Nest Half of the Southwest Quarter (N 1/2 SW 1/4) lying North of Skylinera Road. PARCRL 2: The Neat Ralf of the Southwest Quarter (W 1/2 6N 1/4) of Section Thirty-aix (36), Township Seventeen (17) South, Range Eleven (11), East of the Willamette Meridian, Deochutee.County, Oregon, lying Northerly of Skyliners Road. PARCEL 3: The Northwest Quarter of 4he Southwest Quareter (NW 1/4 SW 1/4) Of Section Thirty-one (31), Township Seventeen (17) South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon, EXCEPT that portion lying Southerly of Sky..iners Road. TAX ACCOUNT NUMBERS: 17 11 36, 100/200/300/400 This property is conveyed AS I9, without express or implied warranties beyond Grantor's statutory covenants as set forth in ORS 98.850 (2), and Grantee accepts the same and releasee and indemnifies Grantor from any claim, demand or action related to this Property. Grantee shall donate by gift and deed to the City of Send, Oregon an eighty foot right of way for the purpose of locating Mt. Washington Drive across the lands herein conveyed.Thia right of way has been marked on the ground, surveyed and is in the location of the City of Bend's choosing and shall be deeded when that donation by gift is appropriate. This . exception shall be made void and terminated with the recording of the described deed. Grantee shall donate by gift and deed to the Bend-LaPine School District a 15 acre parcel within the property herein conveyed for the construction of an elementary school. This parcel hag been choosen by the District and the donation shall additionally include the necessary right of way to connect it to the future location of Mt. Washington Drive. In the event the District does not commence construction of the school within three yearn of the date of this dead, this condition shall be void and the donation dead that Grantee shall hereafter make may contain a re%arsion of the real property interest consistent with that time period. Grantor reserves unto Grantor, his heirs, successors, assigns and nominees: a. A minimum of two perpetual easements appurtenant to Grantor's properties to the wast of the property herein conveyed, that is, Grantor's Section 35 lands which shall be the dominant property. These reserved saeemento aro for the purpose df providing to Grantor's other lands the type of acceseea for roadway, utility and construction as are REFERENCE appropriate for the development and improvement of Grantor's contiguous lands. These reserved easements shall terminate as a deed exception when the same type of accesses to Seller's contiguous lands are provided by dedicated public roadways and dedicated public construction and utility accesses to Grantor's contiguous lands. b. All water rights appurtenant to the NW 1/4 of Section 36. Theme rights are to be transfered and comprise 42 acres. SUBJECT TO: all those items of record and those apparent upon the land, if any, as of the date of this deed and those shown below, if any: and the grar::or will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OP APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH T"' '1PPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY DEC -01-1999 23:45 RMERITITLE SOUTH BEND 541 .588 6939 P.04i05 ..� . �.. ...++.,ua.vu ♦ava".,,.,.•a,u.vi ry. L UL L APPROVED USES AND TO DETERMINB AM LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true and actual consideration for this conveyance is other property or other value was part of the whole consideration. Until a change is reque3tcd, all tax statements shall be. sent to Crantee at the following address: 296 SW Columbia, Bend, Oregon 97702 Dated this 119rh day of _ March , 19`99 I WILLIAM E. MbSLER E CE�ORE�UM COMPANY BY:9, PRESIDENT WILLIAM E. MILLER STATE OF nrPgnn ss. March 19 19 99 COUNTY OF PQrhnreg Personally appeared the above named William E. Miller and acknowledged the foregoing instrument to be _hi voluntary act. Before me: OFFICIAL SEAL �ryPblic DIANE E 8ULLNANNOTARYPUBLICOREOON - for Wrenn., COMMISSION NO. a14M3 My commission expire, 'T-g�21�p2 MgOMMISS10N EXPIRES AUG. 21, 2002 ZSCROW NO. SBO1826IDS R -urn to.- '423T o:'TEST BEND PROPERTY COMPANY, LLC • • Is PACIFIC 920 S.W. Emkay Dr., Suite C-100 Bend, Ompa 97702 EXHIBIT "B" To Release Agreement LEGA, DESCRIPTION New Tax Lot 17113600-400 A parcel of land being a portion of the West one-half of Section 36, Township 17 South, Range 11 East, Willamette Meridian, Deschutes County, City of Bend, Oregon, more particularly described as follows: Commencing at a 2" iron pipe at the west one-quarter corner of Section 36, thence along the west line of said Section 36, South 00018'34" West, 83.70 feet to the TRUE POINT OF BEGINNING; thence leaving said west line North 64'16'11" East, 216.88 feet, to a point of curvature; thence along the arc of a 680.00 foot radius curve to the right, through a central angle of 25657'29", an arc length of 308.08 feet (the chord of which bears North 77°14'56" East, 305.45 feet); thence South 8946'19" East, eighty feet (80') north of and parallel with the east -west center section line• of said Section 36, 1236.09 feet to the westerly right-of-way of Mt. Washin ,ton Drive as dedicated to the City of Bend in volume 1999, page 39979 of Descbutes County records and a point of non -tangent curvature; thence along said westerly right-of-way, along the arc of a 790.00 foot radius non -tangent curve to the left, through a central angle of 5'53'18", an arc length of 81.19 feet (the chord of which bears South 09°26'25" ,East, 81.15 feet) to said east -west center section line; thence leaving said westerly right-of-way and along said center section line, North 89°46'19" West, 717.04 feet; thence South 00°00'00" West, 300.53 feet to a =point of curvature; thence along.the arc of a 300.00 foot radius curve to the left, through a central angle of 75°00'00", au arc length of 392.70 feet (the chord of which bears South 37030100" East, 365.26 feet); the South 75°00'00" East, 53.12 feet; thence South 00°18'37" West, 1051.15 feet, to a point of non -tangent curvature; thence along the arc of a 1573.00 foot radius non -tangent curve to the right; through a central angle of 12047'44", an arc leflgth of 351.29 feet (the chord of which bears South 82°09'23" West, 350.56 feet); thence South 88°24'00" West, 955.63 feet, to the west line of said Section 36; thence along said west line, North 00018'34" East, ,1650.28 feet, to the TRUE POINT OF BEGINNING. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY t 0, -109 4 BR1AN W. REEVES is7'7 RENEWAL DATE: X -31 -do 1:lpvjeec113261001%wordkaxk400.doe II/M (541) 388-4255 Fax (541) 388-4229 Planning • En¢ineerin¢ • Survevine • Landscape Architecture TOTAL P.05 MAR -25-2.104 THU 03:16 PM FAX N0. P. 01 ,.., Date: FAX No. of Pages including cover sheet: IFh►sr rhm a /�rrwri�nrt Qom►rr,Y e/ Ort�rri 141 NW Greenwood Avenue - Bend, OR 97701 P.0. Box 323 - Bend, OR 97709 Phone: (541) 382-4201- Fax: (541) 389-5431 THANK YOU FOIA 'YOUR BUSINESS! _ ZS We Know Your Have a Choice. � Tot, ATTN Phone: Fax: �S Customer Service lax: (541) 385-x'432 I%OM:1� E er No . 77� . C]Urgent ❑For your review OtteplY AS•kP QPlease CoMM=t REDMOND OFFICE 1330 SW Highland Avenue PO Box 1195 Rtdmond. OR 97756 Phone: (541) 923-3014 Fax: (541) 548.2916 requested Post -It- brand fax transmittal memo 76711# of pages ► From Fax 9 RN SISTERS OFFICE SUNRIVER OFFICE 392 FAtt Main Sheet Ste I Building 11 Sunriw Village ail,PO PO 4620 Sistara, O OR 97 97759 Sunriver, 0R 97707 Phone: (341) 549.1113 mwe: (541) 593-5242 Pax: (541) 549-0116 Fu: (541)543.5248 MAR -25-2.004 THU 03:16 PM FAX N0. P. 02 •F-1RST AMERICAN 11TLE ,47'.1"'�NCE COMPANY OF OREGON P.b. Box $23 FIEND, OR 97709 A A or�g, IJ to DBSI Sunriver Mall LLC c/o DBSI Housing Inc. 1.550 South Tech Lane Meridian, ID 83642 Attention: Stacy Petrich MEMORANDUM OF TENANTS IN COMMON AGREEMENT THIS MEMORANDUM OF TENANTS IN COMMON AGREEMENT is dated the 20 of November 2003, by DBSI Sunriver Mall LLC an Idaho limited liability company ("DBSI" ). 1, Premise. DBSI and those certain. Tenants ix, Common listed on Exhibit attached hereto (collectively the "TIC Owners") have entered into a Tenants in Common Agreement dated effective November 24, 2003 (hereinafter called "TIC Agreement"), whereby the TIC Owners have set forth certain provisions regarding them:' rights and responsibilities as co-owners and the operation of that certain property located in Sunriver, Oregon, described in the TIC Agreement and more particularly described in Exhibit B attached hereto (the "TIC Property'l. The • provisions of the TIC Agreement are incorporyaed herein by reference. 2. MutuaLRr4imcity Runs wit the . Ail provisions, conditions, covenants, restrictions, obligations and agreements contained in the TIC Agreement are made for the direct, mutual and reciprocal benefit of each and every part of the TIC Property; shall be binding upon and shall inure to the benefit of each of the TI{: Owners and their respective heirs, executors, administrators, successors, assigns, devisees, r.-presentatives, lessees and all other persons acquiring any undivided interest in the TIC Property or any portion thereof whether by operation of law or any manner whatsoever (collectivel3q the "Successors'); shall create mutual, equitable servitudes and burdens upon the undivided inti3rest in the TIC Property of each TIC Owner in favor of the interest of every other TIC Owner; shall create reciprocal rights and obligations between the respective TIC Owners, their interests in the TIC Property, and their Successors; and shall, as to each of the TIC Owners and their Successors operate as covenants running with the laud, for the benefit of the other TIC Owners �iursuant to applicable law. 3. I;. The TIC Agreement shall terminate at such time as the T1C Owners or their successors -in -interest or assigns no longer own the TIC Property as tenants-in-common. In no event shall the TIC Agreement continue beyond December 31, 2055, 4. Exec tion and Recording, The TIC Agreement provides that DBSI Sunriver Mall LLC shall execute and record this Memorandum on beh�af of the TIC Owners. IN WITNESS WHEREOF, this Memorandum of Tenants in Common Agreement is executed as . of the date first above written. Memorandum of Tenants to Common Agreernnent Page 1 - • • MAR -25-2$04 THU 03:17 PM FAX N0, P. 03 DBSI SUNRIVER MALL LLC an Idaho limited liability company By DBSI o Inc., its Manager By Do gas L. Swenson, President STATE OF IDAHO ) ss• County of Ada ) On this 20 day of November, 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Douglas L. Swenson, known or identified to me to be the President of DBSI Housing Inc., which corporation is known-., or identified to me to be the Manager of DBSI Sunriver Mall LLC, which subscribed said limit id liability company name to the foregoing instn=ent, and acknowledged to me that said ccuporation executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ray official seal the day and year in this certificate first above written. <isNWP\ENTrrY\TICs\Sunmar'Meft*mdum of TIC A6Ldoc h Q public fo d Ftzsi&g at nA:.Li. _, Idaho Commission expires Memorandum of Tenants in Common Agreearent Page 2 MAR -25-21704 THU 03:17 PM FAX M0. P. 04 EXI.11BIT A TIC Owners Tenants in Common Pic Aged George and Joan Brown Family Trust dated 9/28/78 3,9065% 4500 'East Thousand Oaks Blvd., Suite 104 Westlake Village, CA 91362 George E. Brown Family Partnership 3.9065% a California Limited Partnership 4500 Bast Thousand Oaks Blvd., Suite 104 Westlake Village, CA 91362 Stewart's Bod y Shop, Inc., a California corporation 5.8590% c/o Jerry Stewart, President 12540 Sam Pablo Avenue Richmond, CA 94805 Modris A. Tidemaais & Jam E. Tidemanis 9.1980% 18 Calle Pastadero San Clemente, CA 92672 Donna Baughman Blakemore, Trustee of: 4.8$00% . The Donna Baughman, Blakemore Living Trust dated '1/25/96 (50119) The John F. Blakemore Residuary Trust dated 7/29/56 (20%) The John F. Blakemore Credit Bypass Trust dated 7.19/96 (30%) 309 Moreton Bay Lane #2 Goleta, CA 93117 DBSI Sunriver Mall LLC, an Idaho limited liability wn pany 72.2500% 1550 South Tech Lane Meridian, Idaho 83642 Total 100.00% 0 MAS -25 20'04 THU 03:17 PM FAX N0. P. 05 t • • EX111DIT B Legal Descripbon of TIC Property A parcel in Lot 1, Lot 3 and Lot. 4 of SLVPIVBR COUNTRY Section 5, Township 20 South, Range 17. East of the Willamette Deschutes County, Oregon, and fully described as follows: MALL, located in Meridian, commencing at a 5/8" iron rod at: the southeast corner of said Lot 1; thence South 65-14114" West, 15.78 fe4:t along the boundary of said Lot 1 to a 5/8" iron rod and the Point of Beginn:.ng; thence South 65'14114" Wert, 30.81 feet to a 5/8" iron rod; thence North 84'57153" West, 56.03 feet to a 5/8" iron rod; thence North 48'38104" West 105.84 feet to a 5/8" iron rod; thence North 85'34102" West, 85.42 feet to a. 5/e" iron rod; thence North 56'57'68" West, 76.22 feet to a 5/8" iron rod; !_hence North 24'24108" East, 113.92 feet to a 5/e" iron rod; thence North 16'21115" East, 246.41 feet to a railroad spike at the Southeasterly corner of -:he parcel described in Book 284, page 83,of the Deschutes County Deed Records; thence leaving said Lot 1 boundary, North 16'21'15" East, 117.70 feet to 15/8,11 iron rod at the Northeasterly corner of said parcel; thence North 73'38159" West, 196.98 feet to a 5/8" iron rod at the Southeasterly corner of Parcel A, described in Book 313, Page 478, of the Deschutes County Deed Records; thence leaving said Scok 284, Page 83 parcel, North 23'41100" East, 57.92 feet to a 5/8" iron rod at the Southeast corner of Parcel B., described in Book 313, Page 478; thence leaving said Parcel A boundary, North 08'15'55" East, 347.19 feet to a 5/8" iron rod on the boundary of said Lot 4; thence leasing said Parcel B boundary, 124.40 feet along the are of a 155.00 foot radiue curve right (the long chord of which bears North 35'03140" East 121.09 fe�:t) to a 5/8" iron rod; thence North 89'49'36" Bast, 56.17 feet to a 5/Q" iron rod; thence North 76'14117" East, 109.04 feet to a 5/8" iron rod; thence North 46'45'14" East, 192.53 feet to a 5/8" iron rod; thence North 36`41114" Nast, 80.08 feet to a 5/8" iron rod ; thence leaving said Lot 4 boundary, south 58'17126" East, 551.24 feet to a 5/8" iron rod on the Westerly boundary of the parcel described in Book 260, page 1295 of the Deschutes County Official Records; thence following said westerly boundary, 193.92 feet along the arc of a 325.00 foot radius curve right (the long chord of which bears South 38'24'05" West, 191.06 feet) to a 5/8" iron rod; thence 296.95 feet alc)ng the are of a 375.00 foot radius curve left (the long chord of which bears 9;outh 32'48137" West, 289.25 feet) to a 5/8" iron rod; thence 134.91 feet along the arc of a 343.00 foot radius curve right (the long chord of which bears South 21'23'36" West, 134.04 feet) to a 5/8" iron rod; thence South 32'39'39" west, 299.14 feet to a 5/8" iron rod; thence 150.16 feet along the arc of 41 776.77 foot radius curve left (the long chord of which bears South 27'07'23" West, 149.93 feet) to a 5/8" iron rod; thence South 21'35'06" West, 112.77 ,Reet to a 5/8" iron rod; thence 41.76 feet along the arc of a 1017.57 foot radi•is curve left (the long chord of which bears South 20'24134" West, 41.76 fest) the Point of Beginning. Tax Account Nc(s): 138111 196524 196525 Map/Tax Lot NO(9). 20110SA0205 201105A000213 20110SA0213 Al Jeff Sageser From: Rick Isham Sent: Thursday, June 20, 2002 8:51 AM To: Mary Sue Penhollow Cc: Jeff Sageser Subject: Martinez agreement Jeff FAXED me an agreement between five persons all with the last name of Martinez. The property records shows ownership in the name of Daniel Martinez. The document had a legal description and was properly notarized. Daniel was out of title due to a trust deed. The document provided for the future rights related to the property which inartfully looked like an agreement to transfer an interest in the property, much like would happen in a joint tenancy. Consequently, I felt that it was recordable like an land sale contract or agreement to transfer real property. .`- • • • Send tax statements to: Daniel Martinez 55875 Snow Goose Road Bend, OR 97701 After Recording Return to: Babb Heatherman LLP 1195 NW Wall Street Bend, OR 97701 MARYSUEESCOUNTY PENHOLLOW,,FICIAL 000NTYRCLERKs 2002.33483 1 Will,,III I)( 11111111111 $11,01 3 061201200212:63:36 PM 0-00 Cnlei Stnx10 JEFF $16.00 $11.00 •10.00 $d.00 MEMORANDUM OF CO -OWNERSHIP AGREEMENT Pursuant to the terms of a Co -Ownership Agreement, dated (0-16 2002, between Carmen Martinez, Douglas R. Martinez, Daniel Martinez, Michael Martinez and Irene Martinez, the parties mutually agreed to share in certain rights and obligations relating to the property, and have agreed to the allocation and distribution of the profits and losses upon the sale of the following -described real property: Lots 43 and 44, Block 19, Oregon Water Wonderland Unit 2, Deschutes County, Oregon. Together with a 1/1045th undivided interest as tenants in common in the following described parcels: Parcels E, F, G, H and I. DATED this J S day of -,`� C 4_ g- , 2002. _T� G h�ael Martinez b Douglas . Martinez Carmen Martinez Memorandum of Co -Ownership Agreement - Page 1 Michael Martinez / Irene Martinez 4 6 l`6S • • STATE OF OREGON ) ss. County of Deschutes ) This instrument was acknowledged before me this It day of June, 2002, by Daniel Martinez. OFFICIAL SEAL LINDA KERR NOTARY PUBLIC -OREGON COMMISSION NO. 314280 MY COMMISSION EXPIRES AUG. 28, 2002 STATE OF OREGON ) ss. County of Deschutes ) A�IQ' Notary Public for Oregon This instrument was acknowledged before me this Jd day of June, 2002, by Douglas R. Martinez. OFUNDA�KERRL NOTARY PUBLIC -OREGON COMMISSION NO. 314260 MY COMMISSION EXPIRES AUG. 28, 2002 STATE OF OREGON ) ss. County of Deschutes ) 4- . . Z�<JA4 __ ' 6Pu-4bbl'ic for Oregon This instrument was acknowledged before me this 13 day of June, 2002, by Carmen Martinez. OFFICIAL SEAL LINDA KERR NOTARY PUBLIC -OREGON COMMISSION NO. 3`14250 MY CO MISSION EJ]cPIRES AUG. 28, 2002 STATE OF OREGON ) ss. County of Deschutes ) N ary Public for Oregon This instrument was acknowledged before me this YZ day of June, 2002, by Michael Martinez. OFFICIAL SEAL LINDA KERR NOTARY PUBLICOREGON COMMISSION NO.314280 MY COMMISSION EXPIRES AUG. 28, 2002 Notary Public for Oregon Memorandum of Co -Ownership Agreement - Page 2 STATE OF OREGON ) ss. County of Deschutes ) This instrument was acknowledged before me this yZday of June, 2002, by Irene Martinez. OFFICIAL SEAL Notary Public for Oregon LINDA KERR NOTARY PUBLIC -OREGON COMMISSION NO. 314260 MY COMMISSION EXPIRES AUG. 28, 2002 0 Memorandum of Co -Ownership Agreement - Page 3 JAN -27-2003 MON 09:28 AM FAX NO. P. 01 Fax ATTN • Phone: Fax: `1 -�bci Date: /-97-03 No. of Pages including cover sheet: (� PalarO Amedeffn Tile h aar mee Cann ar► oaf oars on 141 NW Greenwood Avenue - Bend, OR 97701 P.O. Box 323 - Bend, OR 97709 Phone: (54.1) 382-4201 - Fax: (541) 389.543.1 THANK YOU FOR YOUR BUSYNtSS! We Know You Have a Choice. Customer. Service Fax: (541) 385-9932 FROM: (A rNazx--� Order No: U CC,.f � I A- OUrgent OFor your review ❑Reply ASAP ❑Please Comment OAs requested REMARKS: \A . If you 40 not n;acive All of the PaSc3, Please contact us as soon as possibleI REDMOND OFFICE SISTERS OFFICE SUNRIVER OFFICE. 1330 SW Highland Avenue 302 East Main Street Ste 1 5unriver Villa¢e Mall, Building 11 PO Box t 195 PO Box 236 PO Bos 4620 Redmond, OR 97756 Sisters, OR 97759 Sunriver, OR 97707 Phone(541) 923-3014 Phone: (541,) 549-1113 Phone, (541) 593.5242 4 Fax;(541)548.2816 Fax: (541)540.0116 Fax: (541) 593-5345 � de • • • JAN -27-2003 MON 09:29 AM FAX NO, P. 02 Ti is space"tsssrved for County Filing Officer use only TATE OF OREGON UNIFORM COMMERCIAL CODE FINANCING STATEMENT DEAL PROPERTY - Form UCC -1 A THIS FORM FOR COUNTY FILING OFFICER USE ONLY 41 , ma natuwmg stawment covens ine r000wing types for ROM51 Or property tcneCK It appl(CADle): SEE A I I AUMhU EXHI9IT dated January t f, ZW3 The goods are to become fixtures on: 1:1 The above timber is standing on: ❑The above minerals or the like (including gas and oil) or accounts will be financed at the wellhead or minehead of the well or mine located on: (describe real sstatel and the financing statement Is to be filed for record In the real estate records. (If the debtor does not have an interest of record) The name of a record owner is: Check box if products of collateral are also covered Number of attached additional shoats: 3 A carbon, photographic or other reproduction of this form, financing statement or security agreement serves ase financing statement under ORS Chapter 79. By: Signature(si of the debtor required in most cases. - Signaturels) of Secured Party in cases covered by ORS 79.4020 , PLEASE TYPE THIS FORM. , If the space provided for any itemis) on this form is inadequate, the Item(s) should be continued on addition( sheets. Only one copy of such iditlonal sheets need to be presented to the county filing officer, DO NOT STAPLE OR TAPE ANYTHING TO THIS FORM, , This form (UCC -1 A) should be recorded with the county filing officers who record real estate mortgages. This form Cannot be filed with the scrstary of State. Seng the Original to the county filing officer, After the recording process is completed the county filing officer will return the document to the party indicated. The printed termination ,atement below may be used to terminate this document, The RECORDING FEE must accompany the document. The fee is $5.00 per page. that the financing statement has been properly signed, Do not sign the termination statement (below) until this document is to be Recording Party contact name: TERMINATION STATEMENT Recording Party telephone number: This statement of termination of financing Is presented for filing Return to: (name and address! pursuant to the Uniform Commercial Cods. The Secured Party no longer claims a security interest in the financing statement First Mutual Bank bearing the recording number shown above. Income Property Servicing PO Box 1647 Bellevue, WA 98009-1647 Pleass do not type outside of bracketed area. By: Signature of Secured Party(ies) or Assignee(s) LASER PRO, Reg. U,S. Pat. a T.M. OFF., Vee. 9.21.00,003 (C) Cf -"rex 1997, 2003. fi :In1101M1V. k:\\ IibNV{ e orams s : 21. Secureda amo : 4A. Assignee of 50curedarty (it any): Hoffinger, Jerome G. First Mutual Bank Hoffin9er, Susan G. 28. Address of Secured Party from which 48. Address of Assignee: 1 S. Debtor Mailing Addrosales): security information Is obtainable: 61987 Fall Creek Loop Income Property Bend, OR 97702 PO Box 1647 Bellevue, WA 98004-1647 41 , ma natuwmg stawment covens ine r000wing types for ROM51 Or property tcneCK It appl(CADle): SEE A I I AUMhU EXHI9IT dated January t f, ZW3 The goods are to become fixtures on: 1:1 The above timber is standing on: ❑The above minerals or the like (including gas and oil) or accounts will be financed at the wellhead or minehead of the well or mine located on: (describe real sstatel and the financing statement Is to be filed for record In the real estate records. (If the debtor does not have an interest of record) The name of a record owner is: Check box if products of collateral are also covered Number of attached additional shoats: 3 A carbon, photographic or other reproduction of this form, financing statement or security agreement serves ase financing statement under ORS Chapter 79. By: Signature(si of the debtor required in most cases. - Signaturels) of Secured Party in cases covered by ORS 79.4020 , PLEASE TYPE THIS FORM. , If the space provided for any itemis) on this form is inadequate, the Item(s) should be continued on addition( sheets. Only one copy of such iditlonal sheets need to be presented to the county filing officer, DO NOT STAPLE OR TAPE ANYTHING TO THIS FORM, , This form (UCC -1 A) should be recorded with the county filing officers who record real estate mortgages. This form Cannot be filed with the scrstary of State. Seng the Original to the county filing officer, After the recording process is completed the county filing officer will return the document to the party indicated. The printed termination ,atement below may be used to terminate this document, The RECORDING FEE must accompany the document. The fee is $5.00 per page. that the financing statement has been properly signed, Do not sign the termination statement (below) until this document is to be Recording Party contact name: TERMINATION STATEMENT Recording Party telephone number: This statement of termination of financing Is presented for filing Return to: (name and address! pursuant to the Uniform Commercial Cods. The Secured Party no longer claims a security interest in the financing statement First Mutual Bank bearing the recording number shown above. Income Property Servicing PO Box 1647 Bellevue, WA 98009-1647 Pleass do not type outside of bracketed area. By: Signature of Secured Party(ies) or Assignee(s) LASER PRO, Reg. U,S. Pat. a T.M. OFF., Vee. 9.21.00,003 (C) Cf -"rex 1997, 2003. JAN -27-2003 MON 09;29 AM FAX N0, P. 03 EXHIBIT TO UCC -1A FINANCING STATEMENT •PEBTOR8: January 17, 2003 Hoffinger, Jerome G. (SSN: 450-70-5665) Hoffinger, Susan G. (SSN: 262-78-7364) MAILING ADDRESS: Jerome G. Hoffinger, 61987 Fall Crook Loop, Send, OR 97702 Susan G. Hoffinger, 61987 Fail Creek Loop, Bend, OR 97702 COLLATERAL DESCRIPTION: See Exhibit "A" attached hereto and made a part thereof. This Financing Statement is to be recorded in the real estate records. Some or all of the collateral is located on the following described real estate: • This Exhibit is executed on the same date as the UCC -1A Financing Statement by First Mutual Bank and the • undersigned. Jerome offin r nd Su G. Hoffinger First Mutual Bank SEE EXHIBIT "C" B rgnature s of a fors �gnature s of Secur—ea-Pa—rty les) JAN -27-2003 MON 09;29 AM FAX NO. P. 04 • EXHIBIT "A" In TOWNSHIP 1s SouTH, RANGE 13, EAST OF THE WIIIAMErrE McRlp1AN, Deschutes County, Oregon: Section 31: AN that portion of the Northeast oaarter of the Northeast Quarter (NE% NEW. lying and t►eing East of the oent+uNne of the Pilot Butte canal of the Central Oregon Irrigation DWIct as the same was located over and across said premises on June 21, 196S. section 32: All that portion of the Northwest Quarter of the Northwest ouarter lNW 4 NYVYd, Mng and being West of The balmcaYfomla Highway ll1.S. 97) as the same was located over and across said premises on June 21, 1965. EXC9PTING THEREFROM that portion conveyed to the State of Oregon, by and through Its Departlrlent of Transportation, Highway Division, by deeds recorded July 28,19921n Book 272, Pages 226 and 228. • • JAN -27-2003 MON 09:29 AM FAX NO, P. 05 EXHIBIT "B" TO UCC -1 FINANCING STATEMENTS BETWEEN Jerome G. and Susan G. Hoffinger ("DEBTORS"), AND FIRST MUTUAL BANK ("SECURED PARTY") THIS FINANCING STATEMENT COVERS THE FOLLOWING TYPES (OR ITEMS) OF PROPERTY: ALL EQUIPMENT, FIXTURES AND OTHER ARTICLES OR PERSONAL PROPERTY NOW OR HEREAFTER ATTACHED TO, OR USED OR ADAPTED FOR USE IN THE OPERATION OF THE PREMISES DESCRIBED IN EXHIBIT "B", INCLUDING, WITHOUT BEING LIMITED TO, ALL HEATING AND INCINERATING APPARATUS AND EQUIPMENT WHATSOEVER, ALL BOILERS, ENGINES, MOTORS, DYNAMOS, GENERATING EQUIPMENT, PIPING AND PLUMBING FIXTURES, DISHWASHERS, DISPOSALS, RANGES, COOKING APPARATUS AND MECHANICAL KITCHEN EQUIPMENT, WASHERS, DRYERS, REFRIGERATORS, COOLING, VENTILATING, SPRINKLING AND VACUUM CLEANING SYSTEMS, FIRE EXTINGUISHING APPARATUS, GAS AND ELECTRIC FIXTURES, CARPETING, UNDERPADDING, ELEVATORS, ESCALATORS, PARTITIONS, MANTELS, CABINETS, BUILT-IN MIRRORS, WINDOW SHADES, BLINDS, SCREENS, STORM SASH, AWNINGS, FURNISHINGS FOR PUBLIC SPACES, HALLS AND LOBBIES, AND SHRUBBERY, PLANTS AND LANDSCAPING; AND INCLUDING ALSO ALL INTEREST OF ANY OWNER OF THE SAID PREMISES IN ANY OF SUCH ITEMS HEREAFTER AT ANY TIME ACQUIRED IN ANY MANNER WHATSOEVER. ALL OF DEBTORS' RIGHT, TITLE AND INTEREST, WHETHER NOW OR HEREAFTER ACQUIRED. IN AND TO ALL LEASES AND RENTAL AGREEMENTS, WHETHER NOW OR HEREAFTER MADE, DEMISING ALL OR ANY PORTION OF SAID PREMISES, TOGETHER WITH ANY AND ALL SUBLEASES, AMENDMENTS, MODIFICATIONS, GUARANTIES OF LESSEE'S OBLIGATIONS THEREUNDER; AND ALL RENTS, INCOME, ISSUES AND PROFITS, WHETHER NOW OR HEREAFTER DUE OR TO WHICH DEBTORS' MAY HEREAFTER BECOME ENTITLED, ALL PRESENT AND FUTURE RIGHT, TITLE AND INTEREST OF DEBTOR IN AND TO ALL ACCOUNTS, GENERAL INTANGIBLES, CHATTEL PAPER, DEPOSIT ACCOUNTS, MONEY, INSTRUMENTS AND DOCUMENTS (AS THOSE TERMS ARE DEFINED IN THE UCC) AND ALL OTHER AGREEMENTS, OBLIGATIONS, RIGHTS AND WRITTEN MATERIALS (IN EACH CASE WHETHER EXISTING NOW OR IN THE FUTURE) NOW OR IN THE FUTURE • RELATING TO OR OTHERWISE ARISING IN CONNECTION WITH OR DERIVED FROM THE PROPERTY OR THE OWNERSHIP, USE, DEVELOPMENT, CONSTRUCTION, MAINTENANCE, MANAGEMENT, OPERATION, MARKETING, LEASING, OCCUPANCY, SALE OR FINANCING OF THE PROPERTY INCLUDING (1) PERMITS, APPROVALS, AND OTHER GOVERNMENTAL AUTHORIZATIONS, (II) IMPROVEMENT PLANS AND SPECIFICATIONS AND ARCHITECTURAL DRAWINGS, (III) AGREEMENTS WITH CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, PROJECT MANAGERS AND SUPERVISORS, DESIGNERS, ARCHITECTS, ENGINEERS, SALES AGENTS, LEASING AGENTS, CONSULTANTS AND PROPERTY MANAGERS, (IV) TAKEOUT, REFINANCING AND PERMANENT LOAN COMMITMENTS, (V) WARRANTIES, GUARANTIES, INDEMNITIES AND INSURANCE POLICIES, TOGETHER WITH INSURANCE PAYMENTS AND UNEARNED INSURANCE PREMIUMS, (VI) CLAIMS, DEMANDS, AWARDS, SETTLEMENTS AND OTHER PAYMENTS ARISING OR RESULTING FROM OR OTHERWISE RELATING TO ANY INSURANCE OR ANY LOSS OR DESTRUCTION OF, INJURY OR DAMAGE TO, TRESPASS ON OR TAKING, CONDEMNATION (OR CONVEYANCE IN LIEU OF CONDEMNATION) OR PUBLIC USE OF ANY OF THE PROPERTY, (VII) THE DISBURSEMENT ACCOUNT AND ANY CASH COLLATERAL ACCOUNT MAINTAINED PURSUANT TO ANY OF THE LOAN DOCUMENTS, AND ANY BORROWER'S FUNDS OR OTHER AMOUNTS DEPOSITED BY DEBTOR WITH SECURED PARTY WHICH ARE TO BE HELD IN ANY SUCH CASH COLLATERAL ACCOUNT, (VIII) LEASES, RENTAL AGREEMENTS, LICENSE AGREEMENTS, SERVICE AND MAINTENANCE AGREEMENTS, PURCHASE AND SALE AGREEMENTS AND PURCHASE OPTIONS, TOGETHER WITH ADVANCE PAYMENTS, SECURITY DEPOSITS AND OTHER AMOUNTS PAID TO OR DEPOSITED WITH DEBTOR UNDER ANY SUCH AGREEMENTS, OX) RESERVES, DEPOSITS, BONDS, DEFERRED PAYMENTS, REFUNDS, REBATES, DISCOUNTS, COST SAVINGS, ESCROW PROCEEDS, SALE PROCEEDS AND OTHER RIGHTS TO THE PAYMENT OF MONEY, TRADE NAMES, TRADEMARKS, GOODWILL AND ALL OTHER TYPES OF INTANGIBLE PERSONAL PROPERTY OF ANY KIND OR NATURE, AND (X) ALL SUPPLEMENTS, MODIFICATIONS, AMENDMENTS, RENEWALS, EXTENSIONS, PROCEEDS, REPLACEMENTS AND SUBSTITUTIONS OF OR TO ANY OF SUCH PROPERTY_ ALL PRODUCTS AND PROCEEDS OF ALL OF THE FOREGOING • JAN -27-2003 MON 09;30 AM FAX NO. P. 06 0 Exhibit "C" G. Hoffinger Date: / //,.- Susan / Susan G. Hoffinger /Lz ?- lo.3 -7 � 0 P.01 TRANSACTION REPORT JAN -27-03 MON 09:48 AM RECEIVE � DATE START SENDER RX TIME PAGES TYPE NOTE M# DP JAN -27 09;47 AM 1'47" 6 RECEIVE OK 0 n U JAN -21-2013 JAN-!I-(3 TUE 03:41 PM ACCESSOR FAX NO. 3897947 P, 01 r. i TUE 03;42 PM DESCHUTES CO CLERKS FAX N0� 54- 389 6�L— �,.. IUIbla Lwow; j. ► a Iannrr a►r= �'t e Rl',LBA,S$ PROVISION pI7DENDUM TO TRUST D)3ED ,9 iV PARTIAL RELTIASUS. IIIrofe-rence to the Lino of Credit bead Of Trus b �200004t3 S3, QST 1 U, 2000 and recorded in Deschutes County Records at instrument nut Lender shall execute partial releases of tho lien of this Decd of Trust upon the following conditions: Beneficiary hcrcby consertts to the Sala of individtial lots on said properly and agrees to ccltigC partial reconveyance of this Decd of'llcust to be effected with respectto such individual lois of said property if all of the following conditions 31V met: a. Wi lh respect to caich partial reconveyance3 Henettcigy shall have received in cash t1je :sum of VOIt,Ty TOUR THOUSAND FORTY FOUR DOLLARS AND NO/ 100 ($44,044.00) with regard to each of the first fifty-two (52) lots sold. All rcmaining lots will be relcof ora ascd upon the written requestntor without rGquircmeat by Lender of ally further paynittlt- b. C3r311tor si all not be in dofault under this Doed of "frust or any of the Loan Instruments at tht time dart the request for reconveyance is made to Beneficiary and at the time that Ben®ticiary is to amuse the pfatial recoisveyatice to occur. • MONO: Coluxtrbia Rivcr Bank (Sipnatnn) (print n�rh�J lilts instrnYrncltt was acknowledged before ma oil (title) by —...� (nanic) as of Columbia River Dank. P-:�� A- 10 S1 Lary Public ! ORDINANCE NO. 331 AN ORDINANCE APPROVING CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SISTERS AND JOHN AND PEGGY TEEHAN AND DECLARING AN EMERGENCY. WHEREAS: The City of Sisters and John and Peggy Teehan have negotiated and finalized a development agreement for a subdivision of Parcel 1 of 1991-55 located in South'/2 of the SE quarter, section 4,T. 15 S., R 10 E., W.M., City of Sisters, Deschutes County, Oregon; and WHEREAS: All necessary hearings have been held concerning the Development Agreement and the City is satisfied with the provisions of the Agreement and that the Agreement meet the requirements of ORS 94.504; and WHEREAS: John and Peggy Teehan have agreed to be bound by the terms of the Agreement. NOW, THEREFORE, THE CITY OF SISTERS ORDAINS AS FOLLOWS: Section 1. Development Agreement/Record: The City of Sisters approves and adopts the Development Agreement for a subdivision of Parcel l of 1991-55 located in South 1/2 of • the SE quarter, section 4,T. 155., RI OE., W.M., City of Sisters, Deschutes County, Oregon. Section 2. Recorft: The City of Sisters Council hereby authorizes, requires, and directs the City Administrator to record the John and Peggy Teehan agreement with the Deschutes County Recorder's office. Section 3. Emergency: The City Council finds this ordinance is necessary for the immediate health, peace and safety of the City and, therefore, that this code provision become immediately effective and applicable upon passage. PASS y the city co u c' and signed by the Mayor this 14`h day of March, 2002. X,4 Steven M. Wilson, Mayor ATTEST' JJ ! Barbara ' Administrator KEY TnU & ESCROW COMPANIES low 126 SE 3RD ST. SU A-1 • P.O. BOX 6178 BEND, DMON 91106 Post -It'" brand fax transmittal memo 7671 1M of pages ► To `'t From ! S is .y . RECORDING REQUESTED BY: Co. Dept. AND WHEN RECORDED MAIL TO: Fax a CAL -WESTERN RECONVEYANCE L . 1 r/P Po P.O. BOX 22004 EL CAJON, CA 92022-9004 1/ TS # 1012564-03 LOAN # 1700001885 Space Above This Line For Recorder's Use RESCISSION OF TRUSTEE'S DEED UPON SALE NOTICE IS HEREBY GIVEN: That CAL -WESTERN RECONVEYANCE CORPORATION, is the duly appointed TRUSTEE under the following described Deed of Trust: TRUSTOR: La Donna Lundgren, an unmarried person as her sole and separate property BENEFICIARY OF RECORD: Southern Pacific Funding Corporation • Said Deed of Trust recorded on _April 15, 1998_ as Volume No. 489 at Page 0873, fee/file/instrument/microfilm/reception No. _98-15380_, Official Records in the Office of the Recorder of _Deschutes_ County, State of Oregon, described the land therein: Lot 13, Block PP, Deschutes River Woods, Deschutes County, Oregon APN: 18 -11 -25 -BO -01900 Said. land is commonly designated as _19323 Indian Summer Road, Bend—, Oregon. WHEREAS: the Beneficiary under that certain Deed of Trust hereinabove described, heretofore delivered to the Trustee thereunder written Declaration of Default and Demand for Sale; and WHEREAS: Notice was heretofore given by the Beneficiary, of breach of the obligations for which said Deed of Trust is secured and of election to cause to be sold the property therein described, WHEREAS: a Notice of Default and Election to Sell under Deed of Trust was recorded on _September 9,1998_ as Volume No. 511 at Page 0893_ of Official Records in the Office of the Recorder of _Deschutes_ County, State of Oregon. . WHEREAS: a Notice of Trustee's Sale, Affidavit of Mailing, Service and Publication was recorded on _January 12, 1999, as Volume No. _1999_ and at Pages 1377, 1378, 1379 & 1980; Official Records in the Office of the Recorder of Deschutes_ County, State of Oregon; and WHEREAS: a Trustee's Deed Upon Sale was recorded on _March 22, 1999_ as Volume No. _1999_ and at Page 14076_ of Official Records in the Office of the Recorder of _Deschutes_ County, State of Oregon. WHEREAS: at the time of the Trustee's Sale and the subsequent perfection of title thereon, without knowledge to the Beneficiary, their agents, or the Trustee, a bankruptcy action entitled _Lundgren, La Donna_ had been filed on _January 21, 1999_, in the United States Bankruptcy Court for the District of Oregon (_Portland_) as Bankruptcy Case No. _99-30403_. At the time of said Trustee's Sale, title to the herein described -real. property was purportedly vested in _La donna Lundgren, an unmarried person as her sole and separate property_. NOW THEREFORE: Notice is hereby given that the Trustee, does hereby rescind, cancel and withdraw said Trustee's Deed Upon Sale; it being understood however, that this rescission shall not in any manner be construed as waiving or affecting any breach or default past, present, future, under said Deed of Trust, or as impairing any right or . remedy thereunder, but is and shall be deemed to be, only an election, without prejudice, to cause the removal of said Trustee's Deed Upon Sale, and shall in no way jeopardize or impair any right, remedy or privilege secured to the Beneficiary and/or the Trustee, under said Deed of Trust, and Notice of Default, the Notice of Trustee's Sale, nor modify nor alter in any of the terms, covenants, conditions or obligations thereof, and said Deed of Trust, Notice of Default, Notice of Trustee's Sale previously given shall remain in force the same as if said Trustee's Deed Upon Sale had not been made and given. Dated: _June 9, 1999_ CAL -WESTERN RE ONVEYANCE CORP. BY: Wendy V. Perry, A' is t Vice Pre id nt 0, State of California ) County of San Diego ) On _June 9, 1999, before me, the undersigned Notary Public personally appeared _Wendy V. Perry known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, � D. SNDBt Signatur Ccrnmistfon 1�11906?s camyr a lie My Cornet Ejq*M9,2MK 2 • >K P. 01 TRANSACTION REPORT NOV-16-99 TUE 09:47 AM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP NOV-16 09:46 AM 3830496 1'02" 3 SEND OK 986 lc � tc TOTAL : 1M 2S PAGES: 3 KEY TITLE & ESWW COMPMS in SE 8RD sT SU A-1 a F.O.90MIS post-it" brand fax transtrgtal memo 7m I #a( pages ► BEND, OAE80N 9ii� Yo From 1:Z,? f. 4 LG •r t,.C: RECORDING REQUESTED BY: CO. °o' Oct. ANI) WHEN RECORDED MAIL TO, FaxNir - i CAL.WESTERN RECONVEYANCE (, P,0,13OX 22004 lL CAJON, CA 92022-9004 Y A TS # 1012564-03 v LOAN # 1700001885 Space Above This Line Fur Recorder's Usc 1 _ �� J • RESCISSION OF TRUSTEE'S DEED UPON SALE N(Y11CH IS IIEREBY GIVEN: That CAL-WESTERN RECONVEYANCE CORPORATION, is the duly appointed TRUSTEE under the following described Deed of Tract: "TRUSTOR: La Donna Lundgren, an unmarried person as her sole and separate property BENEFICIARY OF RECORD: Southern Pacific Funding Corporation Said Decd of Trust recorded on _April 15, 1998_ as Volume No. 489 at Page 0873, fee/lilelinstruntcnt/microfilm/reception No. _98-15380,_, OfI'ieial Records in the Office of 4k P, e C Utz C� CITY OF REDMOND ORDINANCE NO. 2001-13 AN ORDINANCE REQUIRING CERTAIN DOCUMENTS TO BE RECORDED WITH THE DESCHUTES COUNTY CLERK AND AMENDING THE REDMOND CITY CODE BY ADDING SECTION 1.500 AND AMENDING SECTIONS 8.2240, FINAL PLAT IMPROVEMENT AGREEMENT; 8.2315, LAND PARTITIONING, IMPROVEMENT REQUIREMENTS; AND 8.3020, SITE AND DESIGN REVIEW STANDARDS, � PROCEDURE. a. WHEREAS, because of a change in Oregon State law, certain documents that used to be recorded with the Deschutes County Clerk currently cannot be recorded; and WHEREAS, those documents can be recorded if required by City ordinance. NOW, THEREFORE, BASED UPON THE ABOVE RECITALS, THE CITY OF REDMOND ORDAINS AS FOLLOWS (words redlined are added and are to be ): SECTION ONE: RECORDING OF DOCUMENTS 1.500 The following City of Redmond documents shall be recorded with the Deschutes County Clerk's office: 1. site improvement agreements 2. land division agreements 3. sidewalk improvement agreements 4. shared access agreements 5. shared parking agreements 6. agreement to participate in the formation of a local improvement district 7. reimbursement agreement 8. shared well agreement 9. certificate of dangerous building 10. termination notice of dangerous building 11. resolution establishing a local improvement district 12. local improvement district assessment ordinance 13. system development charge installment payment lien 14. reimbursement district formation resolution 15. public improvement agreements SECTION TWO: Amending Chapter 8 Chapter 8, Final Plat, Section 8.2240, Improvement Agreement. Chapter 8, Land Partitioning, Section 8.2315, Improvement Requirements. (3) 7he'partitoner,4hall.record the required` and divisi ion agreement, public mprovement agPeemei�t, sidewalk improvement'agreement, shared access agreemenf or shared wedl agreement with the Deschutes County Clerk's `office at the 41L-•sz1—" Chapter 8, Site and Design Review Standards, Section 8.3020, Procedure. 5. Performance Agreement. As a condition of approval for each site plan, the applicant shall be required to execute dhd idd6td a Site & Design Improvement Agreement on a form provided by the Community Development Department for all improvements required by the site plan. 0 PASSED by the City Council and APPROVED by the Mayor this 12' day of June, 2001. -2E Ed Fitch, Mayor ATTEST: NancyBlan enshi C' ecorder 19 Page - 2 REDMOND ORDINANCE NO. 2001-13 • July 12, 2000 To: County Clerk, Recording From: Nancy Blankenship, City Recorder Re: Recording of Attached Ordinance to Assess Attached, for recording, is Ordinance #2000-16. Since this is the first local improvement district (LID) assessment we have recorded since the recording law change, attached are copies of two ordinances: Ord# 535 enacts methods and procedures for LIDs; and Ord. #96-20 makes the change to record rather than file the ordinance with the County Clerk. LI • • Exhibit REDMOND ORDINANCE ORDINANCE NO. " AN ORDINANCE AMENDING SECTION 3.079 OF THE REDMOND CITY CODE BY PROVIDING RECORDATION OF THE RESOLUTION ESTABLISHING A LOCAL IMPROVEMENT DISTRICT AND THE ORDINANCE ESTABLISHING ASSESSMENTS. THE CITY OF REDMOND ORDAINS AS FOLLOWS: Section 3.079 is amended to read as follows: 3.079 Filing of Resolutions and Ordinances. The Recorder shall file ee ies efe 33`n 't+ :'><?the resolution establishing a Local Improveicient ­District�`�anc the assessment ordinance with the Deschutes County Clerk. However, failure to file the resolution and ordinance shall not invalidate or affect any proceedings in connection with the Local Improvement District and shall not impose any liability on the City, the Recorder or any official, officer or employee of the City. PASSED by the City Council and day of June, 1996. ATTES : fti=Re`=ord=r�� *\epf\redmond\ordinan\3079.amd Page 1 - ORDINANCE NO. by the Mayor this 1 ORDINANCE NO . S'-), AN ORDINANCE PRESCRIBING METHODS AND PROCEDURES FOR MAKING LOCAL IMPROVEMENTS; FOR LEVYING AND COLLECTION SPECIAL ASSESSMENTS THEREFORE; AND FOR THE CREATION AND ENFORCEMENT OF ASSESSMENT LIENS; AND REPEALING SECTION 4.010 OF THE REDMOND CITY CODE. THE CITY OF REDMOND ORDAINS AS FOLLOWS: Section 1. Definitions. As used in this ordinance, except where the context clearly indicates a different meaning, the terms "local improvement," "owner," and "lot" have the meanings given those terms by ORS 223.387, as now or hereafter constituted, and the property which is to be assessed for the cost or part of the cost of a local improvement and the property on which the local improvement is located shall be known together as a "local improvement district." Section 2. Initiation of Local --- Improvements-----; Resolution of ------------------- ------------------ Intention. 1. Whenever the council in its discretion shall deem it necessary to make any local improvement to be paid for in whole or in part by special assessment according to benefits conferred, or whenever 50 per cent of the owners owning 500 or more of the property to benefit specially from the local improvement shall by written • petition request the council to make a local improvement, the council by resolution shall declare its intention to make the local improvement. 2. The improvement resolution shall describe the general nature, location and extent of the proposed local improvement and of the proposed local improvement district; declare the council's intention to make the improvement; indicate the method and manner of carrying out the improvement; contain an estimate of the probable total cost of ths6 improvement; indicate the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited; set a public hearing on the improvement; and direct that notice be given of the proposed improvement and of the public hearing. 3. The improvement resolution may include alternative proposals relating to a proposed local improvement; provided, however, that all of the information required for a particular local improvement shall be included for each alternative proposal. Section 3. Notice of Hearing_ 1. After adoption of the improvement resolution, the finance officer/city recorder shall cause notice of the proposed improvement and of the public hearing to be given by one publication not less than 10 days prior to the public hearing in a newspaper of general • circulation within the city and by mailing copies of the notice to the owner of!each lot affected by the proposed improvement. 2. The notice shall contain: a. A general description of the proposed local improvement and the property to be specially benefited thereby. The aescription of property need not be by metes and bounds, but shall be such that an average person can determine from it the general location of the property. • b. An estimate of the total cost of the improvement and the portion anticipated to be paid for by special assessments. C. The date, time and place of the public hearings. d. A statement of a place where preliminary project design and other additional information concerning the improvement is available to the public. e. A statement that any lot owner has the right to object to the proposed improvement, either orally or in writing. f. Any other information the council may direct to be included. 3. Any mistake, error, omission or failure with respect to the mailing of notice shall not be jurisdictional or invalidate the local improvement proceedings. Section 4. Hearing. 1. At the time of the public hearing, the council shall hear and consider testimony, both oral and written, on the proposed local improvement and may continue the hearing as it deems necessary. After such hearing, the council may, in its discretion, order the improvement to be made. If the council elects to order such improvement, it shall within 90 days after the date of the hearing provide by resolution for the establishment of the local improvement district and the construction of the improvement. • 2. Notwithstanding the fact that the proposed improvement was petitioned for by one-half of the benefited property owners, the council may refuse to proceed with the improvement if it finds the proposed improvement to be untimely or not in the best interest of the City of Redmond. 3. At the public hearing, the council may direct a modification of the proposed local improvement by revising the scope of the improvement, by reducing or enlarging the local improvement district which it deems will be benefited by the improvement, or make such other modifications in the proceedings as it finds reasonable. If the council modifies the scope of the improvement so that assessment is likely to be increased upon one or more lots, or if the council causes a substantial change in any of the particulars contained in the improvement resolution, a new improvement resolution shall be adopted, new estimates made and new notices mailed to the owners within the proposed local improvement district. However, no new publication shall be required. Section 5. Alternative Procedure for Initiating_ Local Improvements. ----------------------------------- — Whenever all of the owners of any property to be benefited and assessed for any local improvement have signed a petition directed and presented to the council requesting such local improvement, the council may initiate and construct such local improvement without publishing or mailing notice to the owners of the affected property and without holding a public hearing regarding the proposed local improvement. . Section 6. Creation of Local Im rovement District. The council by resolution shall provide for the establishment of the local improvement district and the making of the local improvement in substantial conformity with the proposal set forth in the initiating resolution. Section 7. Manner of—Doing Work_ Local improvements may be made in whole or in part by the city, by another governmental agency, by contract or by any combination thereof. The city council, on • behalf of the city, shall determine the engineer for all work to be accepted by the city for public maintenance. Section 8. Construction _of—Improvementi_Bids_ 1. Immediately after the date the resolution establishing the local improvement district is adopted, the engineer for the city shall cause necessary right-of-way and easements to be acquired and the improvement to be made in accordance with the terms of said resolution if the work is to be performed by the city or other governmental agency. If any part of the work of the improvement is to be done under contract bids, the engineer for the city shall cause detailed plans and specifications to be prepared and filed and notice calling for bids to be published in a newspaper of general circulation within the dity not less than five days prior to the opening to bids. 2. Contracts for all or part of the work of the local improvement may be let by the council to the lowest responsible bidder whose bid is in the best interest of the city as determined in the sole discretion of the council. The council shall have the right to reject any or all bids when they are deemed unreasonable or unsatisfactory in the coundil's discretion. If the council rejects all bids, it may direct the engineer for the city to re- advettise for bids or direct the work to be performed by the city. The city shall provide for the bonding of all contracts for the faithful performance of any contract let under its authority, and the provisions thereof in case of default shall be enforced by . action in the name of the City of Redmond. 3. If the council finds, upon opening bids for the work of such improvement, that the bid inthe best interest of the city is substantially in excess of the engineer's estimate, it may, in its discretion, provide for holding a special hearing to consider objections to proceeding with the improvement on the basis of such bid. Section 9. Costs _and —Expenses. The costs and expenses of local improvement which may be assessed against the property specially benefited by the improvement shall include the costs of construction and installation of the improvement; advertising, legal, administrative, engineering and assessment costs; financing costs, including interest charges; the costs of any necessary property, right-of-way or easement acquisition and condemnation proceedings; and any other necessary expenses. Section 10. Method --of----Asses----sment; Alternative Methods of Financing_ --------------------------------- 1. The council in adopting a method of assessment of the costs of any local improvement may: a. Use any just and reasonable method of determining the extent of the local improvement district consistent with the benefits derived. b. Use any method of apportioning the sum to be assessed • as is just and reasonable between the properties determined to be specially benefited. C. Authorize payment by the city of all or any part of the costs of a local improvement when in the opinion of the council the topographical or physical conditions, unusual or excess public travel or use, or other character of the work involved warrants only a partial payment or no payment by the benefited • property of the costs of the local improvement. 2. Nothing contained in this ordinance shall preclude the council from using any other available means of financing local improvements, including federal or state grants-in-aid, water or sewer fees or charges, revenue or general obligation bonds, or any other legal means of financing. If such other means of financing local improvements are used, the council may, in its discretion levy special assessments according to the benefits derived to cover any remaining part of the costs of the local improvement. Section 11. Assessment Procedure. 1. When the estimated -_cost of an authorized local improvement has been ascertained on the basis of the contract award or estimate of costs of the engineer for the city, or after the work is done and the cost thereof has been actually determined, the council shall determine whether the property benefited shall bear all or a portion of the cost. The finance officer/City recorder, or such other person as the council may direct, shall prepare the assessment to the respective lots within the assessment district and file it in the office of the finance officer/city recorder. Notice of such assessment shall be nailed or personally delivered to the owner, or reputed owner, of each lot to be assessed, which notice shall state the name of the owner or reputed owner, the description of the property assessed, the date of assessment, the amount of the assessment on that property, and shall advise the owner or reputed . owner they must: a. File a written objection to the assessment with the finance officer/city recorder within 30 days stating the grounds thereof; or b. Make application within 30 days to pay the assessment in installments pursuant to the Bancroft Act; or C. Pay cash within 30 days, and upon the failure of the owner to pay the assessment in full within 30 days from the date of the assessment ordinance, then interest will commence to run on the assessment and the property assessed will be subject to foreclosure. 2. The common council shall consider any such objections and may adopt, correct, modify or revise the proposed assessments and shall determine the amount of assessment to be charged against each lot within the district, according to the special and peculiar benefits accruing thereto from the improvements and shall by ordinance allocate the assessments. Section 12. Notice of Assessment ----- to Objectors. The result of -------------------- the common council's decision on any objection filed in writing shall be given to the objectors together with a notice that any remaining assessment must: 1. Be paid in cash within 30 days or be subject to foreclosure; or 402. That an application must be made within 30 days to pay the assessment in installments pursuant to the Bancroft Act. Section 13. Lien Records and Foreclosure Proceedings. After -------------------------------------- — passage of the assessment ordinance by the council, the finance officer/city recorder shall enter in the city lien docket a • statement of the amounts assessed upon each particular lot, parcel of land or portion thereof, together with a description of the improvement, the name of the owners and the date of the assessment ordinance. Upon such entry in the lien docket, the amount so entered shall become a lien and charge upon the respective lots, parcels of land or portions thereof, which have been assessed for such improvement. All assessment liens of the City of Redmond shall be superior and prior to all other liens or encumbrances on property insofar as the laws of the State of Oregon permit. Interest shall be charged at the rate not to exceed 10% per annum until paid on all amount not paid within 30 days from the date of the letter notifying the owner of the ordinance levying the assessment. Section 14. Enforcement of Liens and_Collecting—Assessments a. Except as provided in subsections (b),(c) and (d) ORS 223.505 through 223.650 entitled "Methods of Enforcing Liens and Collecting Assessments," inclusive are hereby adopted by reference and incorporated herein. b. ORS 223.525 (1) is amended to read as follows: The treasurer shall return all of the penalty paid by the person redeeming the property to the purchaser. Section 15. Errors in Assessment Calculations. Claimed errors --------------------------------- in the calculation of assessments shall be brought to the attention of the finance officef/city recorder, who shall determine whether there has been an error in fact. If the finance officer/recorder finds that there has been an error in fact, he shall recommend to the council an amendment to the assessment ordinance to correct such error. Upon enactment of any such amendment, the finance officen/ city recorder shall cause the necessary correction to be made in • the city lien docket and shall cause a corrected notice of assessment to be sent by registered or certified mail. Each piece or tract of land shall be sold, separately, and for a sum equal to but not exceeding the unpaid lien or assessment thereon and the interest, penalty and cost of advertising and sale. If there is more than one bid, the land shall be sold to the bidder first offering to take it for the amount accrued thereon. If more than one bid is submitted for the same land at the same time, the names of the bidders shall be placed in a container and the finance officer/city recorder shall draw out one name and that bidder so named shall be allowed to purchase the land for the amount accrued thereon. No levy upon such lots or parcbls of land shall be required, except that a notice shall be required, except that a notice shall be posted four consecutive weeks before the sale upon every lot or parcel assessed to an unknown owner. C. The city may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled to under the laws of the State of Oregon to redeem such property. d. ORS 223.565 (3) is amended to read as follows: The treasurer shall return all of the penalty paid by the person redeeming the property to the purchaser. Section 15. Errors in Assessment Calculations. Claimed errors --------------------------------- in the calculation of assessments shall be brought to the attention of the finance officef/city recorder, who shall determine whether there has been an error in fact. If the finance officer/recorder finds that there has been an error in fact, he shall recommend to the council an amendment to the assessment ordinance to correct such error. Upon enactment of any such amendment, the finance officen/ city recorder shall cause the necessary correction to be made in • the city lien docket and shall cause a corrected notice of assessment to be sent by registered or certified mail. Section 16, Installment _Payment _of_A_ssessments. The Bancroft Bonding Act (ORS 223.205,^223.210 to -223.295) shall apply to assessments levied in accordance with this ordinance. The owner of • any property assessed for a local improvement in accordance with this ordinance in the sum of $25.00 or more, at any time within 30 days after notice of the assessment is first mailed or delivered, or within 30 days after an objection has been reviewed and decided by the common council and notice thereof given to the owner, may file with the finance officer/city recorder a written application to pay the whole of the assessment in equal semi-annual installments over a period not to exceed 30 years, as the common council may provide, together with interest thereon at the rate not to exceed 10% per annum, or if any part of the assessment has been paid, the unpaid balance of the assessments in such installments with such interest. Section 17. Filinq_of_Resolutions and Ordinances. The finance ----- ------------------------- officer/city recorder shall file copies of the resolution establishing a local improvement district and the assessment ordinance with the Deschutes County Clerk; provided, however, that failure to file such resolutions and ordinances shall not invalidate or affect any proceedings in connection with the local improvement district and shall not impose any liability on the City of Redmond, the finance officer/city recorder or any official, officer or employee of the city. Section 18. Deficit Assessments. If the initial assessment has been made on the basis of estimated cost and upon the completion of the improvement the actual cost is found to be greater than the estimated cost, the council may make a deficit or supplemental assessment for the additional cost. Proposed assessments upon the respective lots within the local improvement district for the proportionate share of the deficit shall be made, notices sent, a public hearing held and opportunity for objections considered, and determination of the assessment against each particular lot, block, or parcel of land shall be made as in the case of the initial assessment; and the deficit or supplemental assessment spread by ordinance. The deficit assessments shall be entered in the city lien docket, notices published and mailed and the collection of the assessment made in accordance with the provisions of this ordinance relating to the original assessment. Section 19. Rebates_ and Credit. If assessments have been made on the basis of estimated cost, and upon completion of the improvement project the cost is found to be less than the estimated cost, the council shall ascertain and declare the same by ordinance, and when so declared, the excess amounts shall be,.entered on the city lien docket as a credit upon the appropriate assessment. Thereafter, the person who paid the original assessment, or his legal representative or successor, shall be entitled to repayment of the excess amount. If the property owner has filed an application to pay the assessment by installment, he shall be entitled to such refund only when such installments, together with interest thereon, are fully paid. If the property owner has neiithe"r paid such assessment nor filed an • application to pay in installments, the imount-of such refund shall be deducted from such assessment, and the remainder shall remain a lien on such property until legally satisfied. -r- Section 20. Abandonment _of—Proceedings_ The coundil shall have full power and authority to abandon and rescind proceedings for local improvements made under this ordinance at any time prior to the final completion of such improvements. If liens have been assessed upon any property under such procedure, they shall be cancelled, and any payments made on such assessments shall be refunded to the person paying the same, his assigns or successors. Section 21. Curative Provisions. No improvement assessment ------------------ shall be rendered invalid by reason of a failure to have all of the infccrm:atio,n required to be in any engineer's or finance officer/ city recorder's report, the improvement resolution or ordinance, the assessment ordinance, the lien docket or notices required to be published, mailed or posted; nor by the failure to list the name of, or mail notice to, the owner of any property as required by this ordinance; nor by reason of any other error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in any of the proceedings or steps herein specified, unless it appears that the assessment is unfair or unjust in its effect upon the person complaining. The council shall have the power and authority to remedy and correct all such matters by suitable action and proceedings. Section 22. Reassessments. 1. Whenever all or part of any assessment for any local improvement has been or shall be declared void or set aside for any reason or its enforcement refused by any court having jurisdiction thereof, or whenever the council is in doubt as to the validity of all or any part of such assessment, the council may make a new • assessment or reassessment kn�the manner provided by the laws of the State of Oregon. 2. For purposes of this section, the term "assessment" includes deficit or supplemental assessments and reassessments. Section 23. Remedies_ Subject to the curative provisions of Section 20 and the rights of the city to reassess pursuant to Section 21, all actions of the council taken pursuant to this ordinance are reviewable solely and exclusively by writ of review in accordance with the procedures in ORS 34.010 to 34.100. Review of an ordinance levying any assessment may be commenced only by a property owner who has filed a written objection to the proposed assessment in accordance with Section 11 of this ordinance. Section 24. Segregation of—Liens_ 1. Whenever the ownership of any portion of a tract of real property less than the entire tract is transferred, any lien against said real property in favor of the city shall, upon request of the owner of any portion of said tract, be segregated as herein provided, and not otherwise. 2. Applications for the segregation of liens shall be made to the finance officer/city recorder, describing the tract to be segregated and the names of the owners of the respective tracts. A certificate of the county assessor shall be furnished showing the assessed valuation of the various tracts of land concerned as of • January 1 of the year in which the segregation is requested, if available; if not available, as of January 1 of the preceding year. • 3. The finance officer/City recorder shall thereupon comrute a segregation of the lien against the real property upon the same basis as the same was originally computed and apportioned and reflect this segregation in the city lien docket; provided, however, that no segregation shall be made unless all parts of the original tract of land after the segregation have a true cash value as determined from the certificate of the assessor of 60 per cent or more of the amount of the lien as to the various tracts concerned. Section 25. Severability. The sections and subsections of this ordinance are hereby declared severable. The invalidity of any one section or subsection shall not affect the validity of the remaining sections or subsections. Section 26. Effective Date. The effective date of this. ordinance shall be February ^12, 1981. PASSED by the Common Council this _2=-3__ day of January, 1981 Finale\ Officer/Recorder APPROVED by the Mayor this _/-i_ day of JanVaryl 1981. i • VOL: 1999 PAGE: 29808 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *1999-29808 * Vol -Page Printed: 06116/1999 15:16:17 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Jun. 16, 1999; 3:15 p.m. 7355 Ordinance (County or City) $65.00 NUMBER OF PAGES: 12 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK ----- ------------- --- ' -00 AIW J04t?/,--/C 1*9< LAl ORDINANCE NO. 1 • AN ORDINANCE ESTABLISHING A PARKS AND RECREATION SYSTEM DEVELOPMENT CHARGE TIE BEND METRO PARK AND RECREATION DISTRICT ORDAINS AS FOLLOWS: Section 1 - Title This Ordinance shall be known as "Parks and Recreation System Development Charge Ordinance" and may be so pleaded. Section 2 - Scope and Purpose A. Future growth within the District should contribute its fair share to the cost of improvements and additions to parks and recreation facilities required to accommodate such growth, B. The imposition of system development charges will provide a source of revenue to fund the construction or improvement of the District's park and recreation facilities necessitated by growth. C. ORS 223.297 - 223.314 authorize local governments to impose system development charges for parks and recreation. D. This Ordinance is intended to be a financing mechanism for parks and recreation facilities necessitated by new development and for reimbursement for existing facilities. Section 3 - Definitions A. "Applicant" shall mean the owner or other person who applies for a residential building or placement permit from the City of Bend or Deschutes County for development within the boundaries of the District. B. `Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of persons or property of any kind. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a building permit. C. "Building Permit" shall mean an official permit or certificate issued by the City of Bend or Deschutes County authorizing the construction or siting of any building. D. "Capital Improvements" shall mean public facilities or assets used for parks and recreation. E. "Citizen or Other Interested Person" shall mean any person whose legal residence is within the boundaries of the District, as evidenced by registration as a voter within the District or by DLMSDC-0RMLEGAL 11/3/98 1. 5� _zq �0 R. other proof of residency; or a person who owns, occupies, or otherwise has an interest in real • property which is located within District boundaries or is otherwise subject to the imposition of system development charges, as outlined in Section 4 of this ordinance. r� F. `Executive Director" shall mean the Director of the Bend Metropolitan Park and Recreation District. G. "District' shall mean the Bend Metropolitan Park and Recreation District, an Oregon municipal corporation. H. "Development" shall mean a building or other construction, or making a physical change in the use of a structure or land, in a manner which increases the usage of any capital improvements or which may contribute to the need for additional or enlarged capital improvements, as determined by the Executive Director. I. For purposes of this resolution, "single-family residential construction' shall include a free- standing single family residential dwelling, including manufactured homes, and a dwelling unit in a zero lot line subdivision. A second free-standing dwelling unit on an RM -zoned parcel shall be treated as a single-family dwelling. J. For purposes of this resolution, "multi -family residential construction' shall include any residential development having more than one dwelling unit on a lot or parcel or combination thereof under the same ownership that is neither a single-family residence nor a hotel or motel as defined herein. K. For the purposes of this resolution, "hotel or motel" shall include any structure, excluding condominiums, that is occupied or intended, designed or operated for transient occupancy for dwelling, lodging or sleeping purposes and includes any hotel, inn, motel, bed and breakfast, studio hotel, bachelor hotel, lodging house, public or private dormitory or nursing home or other residential care facility. L. "Improvement Fee" shall mean a fee for costs associated with capital improvements to be constructed after the effective date of this ordinance. M. "Manufactured Housing" shall mean a dwelling unit that is constructed primarily at one location and is then transported to another location for either permanent or temporary siting. N. "Methodology" shall mean the system development charge methodology required by ORS 223.304(1) and (2). O. "Multi -family housing" shall mean attached dwelling units. P. "Owner" shall mean the person holding legal title to the real property upon which development is to occur, or a contract purchaser of such property. 2 DLC\SDC-ORD\LEOAL U/5/98 • Q. "Person" shall mean an individual, corporation, partnership, incorporated association, or any other similar entity. R. "Qualified Public Improvement" shall be defined as provided in ORS 223.304(3). S. "Single-family housing" shall mean a detached dwelling unit, constructed on-site, and located on an individual lot, T. "System Development Charge" shall mean a reimbursement fee and/or an improvement fee assessed or collected at the time of increased usage of a capital improvement or issuance of a placement or building permit. System development charges are separate from and in addition to any applicable tax, assessment, fee in lieu of assessment, or other fee or charge provided by law or imposed as a condition of development. Section 4 - Assessment of Charge A. A Parks and Recreation System Development Charge is hereby imposed upon all new residential development within the District for which a building permit or placement permit is required. This shall include both new construction and alteration, expansion or replacement of a residential unit if such alteration expansion or replacement results in an increase in the number of residential units compared to the present number of residential units in the development. For alterations, expansions and replacements, the amount of the system development charge to be paid shall be the difference between the rate for the proposed development and the rate that would be imposed for the development prior to the alteration, expansion or replacement. B. System development charge rates shall be established, and may be revised from time to time, by resolution of the District. C. The system development charges imposed by this ordinance are separate from and in addition to any applicable tax, assessment, charge or fee otherwise provided by law or imposed as a condition of development. Section 5 - System Development Charge Methodology A. The methodology used to establish the reimbursement fee portion of the system development charge shall take into account the cost of then -existing facilities, prior contributions by then - existing users, the value of unused capacity, generally accepted rate -making principles employed to finance publicly owned capital improvements, and other relevant factors identified by the District. The methodology shall promote the objective that future systems users shall contribute no more than an equitable share of the cost of then -existing facilities. B. The methodology used to establish the improvement fee and the reimbursement fee shall be adopted by resolution of the District. 3 DLC\SDC•ORMLEGAL \I/3/98 C. The actual methodology used to establish the improvement fee and the reimbursement fee shall be adopted by resolution of the District. Section 6 - Collection A. The Parks and Recreation System Development Charge shall be due and payable at the time of issuance of a building permit or placement permit. Responsibility for collection of charges may be delegated to the City of Bend and/or Deschutes County by intergovernmental agreement. B. Notwithstanding Section 4A, the following development shall be exempt from payment of the Parks and Recreation System Development Charges: 1. Non-residential development. 2. Alterations, expansion or replacement of an existing residential unit where no additional residential unit is created. 3. The construction of accessory buildings or structures which will not create additional residential units and which do not create addition demands on the District's capital facilities. 4. The issuance of a placement permit for a manufactured housing unit on a lot or parcel ft on which applicable system development charges have previously been paid. 5. Development with vested rights, determined as follows: a. Any owner of land which was the subject of a building permit or placement permit issued prior to the effective date of this ordinance or predecessor of Parks SDC ordinances or resolutions may petition the District for a vested rights determination which would exempt the landowner from the provisions of this ordinance. Such petition shall be evaluated by the Executive Director and a decision made based on all three of the following criteria being met: (1) The existence of a valid, unexpired building or placement permit authorizing the specific development for which a determination is sought, and-, (2) Substantial expenditures or obligations made or incurred in reliance upon such permit, and; (3) Other factors that demonstrate it is inequitable to deny the owner the opportunity to complete the previously approved development under the prior conditions of approval by requiring the owner to comply with the requirements of this ordinance. For the purposes of this paragraph, the following factors shall be considered in determining whether it is inequitable 4 DLCISDC-OPDILEGAL U/5/98 4'Ao - 5 to deny the owner the opportunity to complete the previously approved . development: (a) Whether the injury suffered by the owner outweighs the public cost of allowing the development to go forward without payment of the system development charges required by this ordinance; and (b) Whether the expenses or obligations for the development were made or incurred prior to the effective date of this ordinance. b. The Executive Director shall make a written determination as to whether the owner has established a vested right in the development and, if so, whether the development would be exempt from the provisions of this ordinance. Section 7 - Credits for Developer Contributions of Qualified Public Improvements A. The District may grant a credit against the system development charges imposed pursuant to Section 4 for the donation of land for, or for the construction of, any qualified public improvements. B. Prior to issuance of a building permit or placement permit, the applicant shall submit to the Executive Director a proposed plan and estimate of cost for contributions of qualified public improvements. The proposed plan and estimate shall include: 1. a designation of the development for which the proposed plan is being submitted; 2. a legal description of any land proposed to be donated and a written appraisal prepared in conformity with Section M; 3. a list of the contemplated capital improvements contained within the plan; 4. an estimate of proposed construction costs certified by a professional architect or engineer; and 5. a proposed time schedule of completion of the proposed plan. C. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit. The amount of credit to be applied shall be determined according to the following standards; 1. The value of donated lands shall be based upon a written appraisal of fair market value by a qualified and professional appraiser based upon comparable sales of similar property between unrelated parties in a bargaining transaction; and 5 UMSDC-0RDILEGAL \115/98 2. The cost of anticipated construction of qualified public improvements shall be based upon cost estimates certified by a professional architect or engineer. D. If a donation or construction of a qualified public improvement gives rise to a credit amount greater than the amount of the system development charge that would otherwise be levied against the project receiving development approval, the excess credit may be applied against system development charges that accrue in subsequent phases of the original development project. Any excess credit must be used not later than ten years from the date it is given.. E. The decision of the Executive Director as to whether to accept the proposed plan of contribution and the value of such contribution shall be in writing and issued within fifteen (15) working days of the date all data is received for review. Notification shall be provided to the applicant via regular mail. F. Any applicant who submits a proposed plan pursuant to this Section and desires the immediate issuance of a building permit or placement permit, shall pay applicable system development charges. Said payment shall not be construed as a waiver of any credit. Any difference between the amount paid and the amount due, as determined by the Executive Director, shall be refunded to the applicant. In no event shall refund by the District under this subsection exceed the amount originally paid by the applicant, G. The District may, in its sole discretion, grant a credit for land donated for park and recreational use which does not otherwise meet the requirements of this section. Section 8 - Appeals and Review Hearings A. An applicant who is required to pay system development charges shall have the right to request a hearing to review the denial of any of the following: 1. A petition for vested rights pursuant to Section 6135. 2. A proposed credit for contribution of qualified public improvements pursuant to Section 7. B. Such hearing shall be requested by the applicant within thirty (30) days of the date of first receipt of the denial. Failure to request a hearing within the time provided shall be deemed a waiver of such right. C. The request for hearing shall be filed with the Executive Director and shall contain the following: 1. The name and address of the applicant; 2. The legal description of the property in question; 3. If issued, the date the building permit or development permit was issued; 6 DLC\SDC-ORD\LEGAL WY98 0 4. A brief description of the nature of the development being undertaken pursuant to the building or development permit; 5. If paid, the date the system development charges were paid; and 6. A statement of the reasons why the applicant is requesting review. D. Upon receipt of such request, the District shall schedule a hearing before the Board of Directors at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be held within forty-five (45) days of the date the request for hearing was filed. E. Such hearing shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having and opportunity to be heard and to present information and evidence. F. Any applicant who requests a hearing pursuant to this Section and desires the immediate issuance of a building permit or placement permit shall pay prior to or at the time the request for hearing is filed the applicable system development charges pursuant to Section 4B. Said payment shall not be construed as a waiver of any review rights. G. An applicant may request review under this Section without paying the applicable system development charges as long as no building permit or placement permit has been issued. Section 9 - Review of Methodology and Rates A. This ordinance, the system development charges methodology, and the capital improvement plan required by ORS 223.309 shall be reviewed by the Board of Directors at least every three (3) years. The review shall consider new estimates of population and other socioeconomic data, changes in the cost of construction and any acquisition, and adjustments to the assumptions, conclusions or findings set forth in the methodology. The purpose of this review is to evaluate and revise, if necessary, the rates of the system development charges to assure that they do not exceed the actual or reasonably anticipated costs of the District's capital improvements. B. In the event the review of the ordinance or the methodology alters or changes the assumptions, conclusions and finding of the methodology, or alters or changes the amount of system development charges, the methodology shall be amended and updated to reflect the assumptions, conclusions and findings of such reviews. If changes in the methodology are undertaken by the District, the District shall coordinate such changes with the County prior to adoption pursuant to the Coordinated Planning and Urban Services Agreement between the 10 County and the District. 7 DLMDC-ORDIEGAL WY98 4k-ZqW.- �tlj' • • Section 10 - Receipt and Expenditure of System Development Charges A. The District shall establish separate accounts for each type of system development charge, which. shall be maintained apart from all other accounts of the District. All system development charge payments shall be deposited in the appropriate account immediately upon receipt. B. Reimbursement fees shall be applied only to capital improvements associated with the systems for which the fees are assessed, including expenditures relating to repayment of indebtedness. C. Improvement fees shall be applied only to capacity -increasing capital improvement, including expenditures relating to repayment of future debt for the improvements. An increase in system capacity occurs if a capital improvement increases the level of performance or service provided by existing facilities or provides new facilities. The portion of the capital improvements funded by improvement fees shall be related to demands created by development. A capital improvement being funded wholly or in part from revenues derived from the improvement fee shall be included in the plan adopted by the District pursuant to ORS 223.309. D. Notwithstanding subsections B and C of this section, system development charge revenues may also be expended on the direct costs of complying with the provisions of this ordinance, including, but not limited to, the costs of developing system development charge methodologies and providing an annual accounting system for development charge expenditures. E. The monies deposited in the above accounts shall be used solely as allowed by ORS 223.307, including, but not limited to: 1. design and construction plan preparation; 2. permitting and fees; 3. land and materials acquisition, including any costs of acquisition or condemnation; 4. construction of capital improvements; 5. design and construction of new drainage facilities required by the construction of capital improvements and structures; 6. relocating utilities required by the construction of improvements; 7. landscaping; 8 DLCVSDC-ORDU.EGAL 11/5198 to ky-ZyBoP/q 8. construction management and inspection; 9. surveying, soils and material testing; 10. acquisition of capital equipment, 11. repayment of monies transferred or borrowed from any budgetary fund of the District which were used to fund any of the capital improvements as herein provided; 12. payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the District to fund capital improvements; 13. direct costs of complying with the provisions of ORS 223.297 to 223.314, including the consulting, legal, and administrative costs required for developing and updating the system development charges methodology report, resolutiordordinance, and capital improvements plan; and the costs of collecting and accounting for system development charges expenditures. F. Funds on deposit in system development charge accounts shall not be used for: 1. any expenditure that would be classified as a maintenance or repair expense; or 2. costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements. G. Any capital improvement being funded wholly or in part with system development charges revenue shall be included in the District's capital improvement plan. The capital improvement plan may be modified at any time and shall: 1. list the specific capital improvement projects that may be funded with system development charges revenue; 2. provide the estimated cost of each capital improvement project, 3. provide the estimated timing of each capital improvement project; and 4. be updated at least once every three years. H. Any funds on deposit in system development charge accounts which are not immediately necessary for expenditure shall be invested by the District. All income derived from such investments shall be deposited in the system development charges trust accounts and used as provided herein. 9 DLCVSDC-ORDILECAL 11!7/98 jq'7gw"to I. System development charges shall be refunded in accordance with the following requirements: • 1. An applicant or owner shall be eligible to apply for a refund if: a. The building permit or placement permit has expired and the development authorized by such permit was not commenced; or b. The system development charges have not been expended or encumbered prior to the end of the fiscal year immediately following the tenth anniversary of the date upon which such charges were paid. For the purposes of this Section, system development charges collected shall be deemed to be expended or encumbered on the basis of the first system development charges an shall be the first system development charges out. 2. The application for refund shall be filed with the District and contain the following: a. The name and address of the applicant; b. The location of the property which was the subject of the system development charges; c. A. notarized sworn statement that the petitioner is the then current owner of the property on behalf of which the system development charges were paid, including proof of ownership, such as a certified copy of the latest recorded deed; d. The date the system development charges were paid; e. A copy of the receipt of payment for the system development charges; and, if appropriate, f. The date the building permit or placement permit was issued and the date of expiration. 3. The application shall be filed within ninety (90) days of the expiration of the building permit, placement permit, or within ninety (90) days of the end of the fiscal year following the tenth anniversary of the date upon which the system development charges were paid. Failure to timely apply for a refund of the system development charges shall waive any right to a refund. 4. Within thirty (30) days from the date of receipt of a petition for refund, the District will advise the petitioner of the status of the request for refund, and if such request is valid, the system development charges shall be returned to the petitioner. 5. A building permit or placement permit which is subsequently issued for a development on the same property which was the subject of a refund shall pay the systems development charges required by Section 4. 10 DLC\SDC•ORD\LEGAL 415199 J. The District shall prepare an annual report account for system development charges, including . the total amount of system development charge revenue collected in the accounts, and capital improvement projects that were funded. The District will forward a copy of this report to the City upon completion. K. Any citizen or other interested person may challenge an expenditure of system development charges revenues. 1. Such challenge shall be submitted, in writing, to the Executive Director for review within two years following the subject expenditure, and shall include the following information: a. The name and address of the citizen or other interested person challenging the expenditures; b. The amount of the expenditure, the project, payee or purpose, and the approximate date on which it was made; and c. The reason why the expenditure is being challenged. 2. If the Executive Director determines that the expenditure was not made in accordance with the provisions of this ordinance and other relevant laws, a reimbursement of system development charge account revenues from other revenue sources shall be made within one 46 year following the determination that the expenditures were not appropriate. 3. The Executive Director shall snake written notification of the results of the expenditure review to the citizen or other interested person who requested the review within ten (10) days of completion of the review. Section 11 - Severability If any clause, section or provision of this ordinance shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said ordinance shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. Section 12 - Implementing Regulations The Board of Directors may adopt regulations to implement the provisions of this ordinance. Section 13 - Effective Date; Emergency The charge authorized by this ordinance shall be imposed on building or placement permit 40 applications submitted on or after January 1, 1998; provided, however, that an application 11 DLC\SDC-ORD\LEGAL \115198 9j -258'b$, /*I presented before that date, for which all necessary prior approvals have not been granted or other required predicates not met shall not be considered submitted for purposes of this section. Adopted: December 1, , 1997. Attest: Clerk This certificate is attached to: ORDINANCE NO. 1 - AN ORDINANCE ESTABLISHING A PARKS AND RECREATION SYSTEM DEVELOPMENT CHARGE • State of Oregon County of Deschutes Paula Lowery, Administrative Assistant for the Bend Metro Park and Recreation District, personally know to me, subscribed and sworn before me on this 16`h day of June 1999 to the fact that she witnessed the signing of this document by Bruce Abernethy, Board Chair for the Bend Metro Park and Recreation District, on December 1, 1997 and that she herself signed as an attestor at that time. Date Paula Lowery Administrative Assistant & Recording Secretary Bend Metro Park and Recreation District OFFICIAL SEAL LYNNE E EKMAN 11'1'0 iAFiY r'U,9LIC-O..EGON A v, oraMISSiON No. 331C740_rc � Date G --Cc-ON EXAIA y,( ota Public My Commission Expires: October 29, 2002 "Attached Document Bears Embossment" lJ 12 DLOS DC-ORMLEGAL U /5/98 08/24/00 THU 09:09 FAX 641 548 0706 UltB of Redmond 0001 RECORDING COVER SHEET THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING (ORS 20,5.234). ANY ERRORS IN THIS COVER SHEET DO NOT AFFECT THE TRANSACTIONS CONTAINED WITHIN THE DOCUMENT. County Filing Index - DEEDS Recording Authority - Redmond Code Section 4.640 Requires Recording Of a Reimbursement District Resolution (Ordinance No. 98-36) A. Title of Document: City of Redmond Resolution #2000-44 Property located at: Between NW Larch Avenue and the north boundary of Wildflower Subdivision on NW 19th Street B. Names of First Parties: Five (5) Property Owners, as listed in attached resolution: ROMAN CATHOLIC BISHOP OF THE DIOCESE OF BAKER GREEN,ROBERT J & GREEN,JOHN H CHRISTIANSEN, DANIEL J & CHRISTIANSEN,LILA L HOLCOMB,RAYMOND A PHILLIPS,FRANK G & PHILLIPS, GLORIA Names of Second Parties: City of Redmond, Oregon C. Estimated Reimbursement Amount: $44,260.11 D. Name and address of person authorized to receive the instrument after recording: City Recorder's Office PO Box 726 Redmond OR 97756-0100 • REDMOND RESOLUTION RESOLUTION NO. 2000-44 A RESOLUTION OF THE CITY OF REDMOND, OREGON ESTABLISHING THE WILDFLOWER SUBDIVISION REIMBURSEMENT DISTRICT WHEREAS, Redmond City Code Sections 4.600 to 4.665 provide for establishment of a reimbursement district after notice of the proposed district formation has been given to the affected property owners and an informational public hearing has been held; and WHEREAS, pursuant to Section 4.605 of the Redmond City Code the applicant, Tri - County Builders, has made application for the formation of a reimbursement district associated with the Wildflower Subdivision; and WHEREAS, pursuant to Section 4.610 of the Redmond City Code the City Engineer prepared a report on the proposed reimbursement district for the City Council; and WHEREAS, pursuant to Section 4.625 of the Redmond City Code, the City Recorder has provided notice to the applicant and to all owners of property within the proposed district; and WHEREAS, pursuant to Section 4.620, the City Council conducted an informational • public hearing to consider testimony and evidence regarding the application for the proposed reimbursement district; and WHEREAS, pursuant to Section 4.630 of the Redmond City Code, the City Council's decision concerning the application to form a reimbursement district shall be embodied in a Resolution; and WHEREAS, pursuant to Section 4.640 of the Redmond City Code, this resolution should be recorded; and WHEREAS, Section 4.640 of the Redmond City Code also provides that failure to record the Resolution does not invalidate the Reimbursement District or affect the requirement of affected properties to pay the reimbursement fee; and WHEREAS, the City will be providing two actual mailed written notices to affected property owners pursuant to the Redmond City Code, Sections 4.625 and 4.635; and WHEREAS, based on these notices, the Council is satisfied that affected property owners will receive notification of the proceedings relating to this Reimbursement District; • NOW, THEREFORE, THE REDMOND CITY COUNCIL RESOLVES AS FOLLOWS: PLEASE RETURN TO; CITY RECORDERS OFFICE CITY OF REDMOND PO BOX 726 REDMOND, OR 97756-0100 0 r: Section 1. The report of the Redmond City Engineer, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved, and the methodology for spreading the cost of the sewer and water improvements described in the report is adopted. Section 2. The Wildflower Subdivision District is hereby established. Payment of the reimbursement fee, as described for each parcel in the reimbursement district, is a precondition to receiving the city permits applicable to development of that parcel. The total amount which could be reimbursed to the applicant pursuant to the Reimbursement District is $44,260.11, as specified in the Engineer's Report, less administrative costs as authorized by the Redmond City Code. Section 3. The City Manager is directed to enter into an agreement with the applicant on behalf of the City, in substantially the form attached hereto as Exhibit "B", or as may be otherwise negotiated pursuant to Redmond City Code Section 4.630. The applicant shall pay to the City its actual cost of administration of the agreement as established in the City Engineer's report. This amount is due and payable to the City when the agreement is signed. Section 4. The applicant's right to reimbursement shall end ten years from the effective date of this resolution. PASSED by the Redmond City Council and APPROVED by the Mayor this 22nd day of August, 2000. Ed Fitch, Mayor ATTEST: � v Nancy BI nkenship, City Recorder State of Oregon County of Deschutes This instrument was acknowledged before me on U by Ed Fitch, Mayor. Nancy anken ip, City Recorder My commission expires 2-22-2004 Page 2 Redmond Resolution No. 200044 EXHIBIT "A" ENGINEER'S REPORT WILDFLOWER SUBDIVISION REIMBURSEMENT DISTRICT by Jeffrey S. England, P.E. City Engineer August, 2000 The Developer of Wildflower Subdivision has made an application to enter into a Reimbursement Agreement with the City of Redmond for the establishment of a Reimbursement District associated with a sanitary sewer and water line on NW 19`h Street. The Applicant desires to recoup a portion of the cost of the sewer and water construction costs from the surrounding properties that benefit from it. Pursuant to Ordinance No. 98-36 and City Code 4.610, the objective of this report is to make a recommendation to Council as to the efficacy of establishing a Reimbursement District. $ The City Engineer has evaluated the application and has determined that the sewer and water line will directly benefit adjacent properties. Therefore, the Applicant may be entitled to recoup the costs of sewer and water line construction from specified adjacent properties upon future development. • City Code 4.610 requests the following specific information: 1. Whether the Applicant will finance or has constructed some or all of the public improvement(s) and whether those improvements are available to serve property other than property owned by the Applicant; The sewer and water line improvements have been completed by the Applicant and accepted by the City. The improvements are available to serve property other than property owned by the Applicant. 2. The area to be included within the reimbursement district; Properties within the Reimbursement District are listed below by tax lot number: 15 13 04 TL800 (Catholic Church) 15 13 08 TL 104 (Bob Green) 15 13 08 TL 302 (Dan & Lila Christiansen) 15 13 09B TL200 (Raymond Holcomb) 15 13 09B TL300 (Frank Phillips) Owner names are based on latest Deschutes County Assessor information and are not warranted to be actual or current owner. See attached map. 0 CAWINDOWS\TEMP\wldreimb.wpd Engineer's Report August, 2000; Page 2 3. The actual or estimated cost of the public improvement(s); The actual cost of construction for the 8" portion of the sewer is $27,168.45. The actual cost of construction for the 8" portion of the water line is $40,185. 4. Methodology for dividing the cost associated with the public improvement(s) between and among the affected parcels; Sewer Sewer improvements eligible for reimbursement extend along NW 19`h Street from the south boundary to the north boundary of Wildflower Subdivision. Divide the total cost of construction ($27,168.45) by the total lineal feet (LF) of benefitting property frontage, including the Applicant (1,071.82 LF ). This equates to the cost per lineal foot that each benefitted property owner is responsible to pay ($25.35 per LF). Multiply the LF frontage of the benefitting property by the per LF cost to get the individual proportionate share. 15 13 04 TL800 (Church); 535.91 LF x $25.35/LF = $13,584.23 Water Water improvements eligible for reimbursement extend along NW 19`h Street from NW Larch Ave. to the north boundary of Wildflower Subdivision. Divide the total cost of construction ($40,185) by the total LF of benefitting property frontage, including the Applicant (2298.91). This equates to the cost per LF that each benefitted property owner is responsible to pay ($17.48 per LF). Multiply the LF frontage of the benefitting property by the per LF cost to get the individual proportionate share. 15 13 04 TL800 (Church); 535.91 LF x $17.48/LF=$9367.72 15 13 09B TL300 (Phillips); 250 LF x $17.48/LF=$4370.01 15 13 09B TL200 (Holcomb); 390 LF x $17.48/LF=$6817.21 15 13 08 TL302 (Christiansen); 300 LF x $17.48/LF=$5244.01 15 13 08 TL 104 (Green); 279 LF x $17.48/LF=$4876.93 5. The amount to be charged by the City for its administration of the agreement; Fees charged by the City are specified in Resolution No. 98-50 and Ordinance No. 98-36. Application Fee (Resolution 98 -50) ......................................................... $200.00 Reimbursements and Reconveyances (Resolution 98-50) paid at time of reimbursement.................................................................... $35.00 each Notification and Postage (Resolution 98-50) ($5.00/property owner) x (5 owners) x (2 notices) ..................................... $50.00 0 C:\WINDOWS\TEMP\wldreimb.wpd Engineer's Report August, 2000; Page 3 Administrative review (Ordinance 98-36) City Engineer: ($40.00/hour) x (8 hours) ..................................... $320.00 City Recorder: ($40.00/hour) x (4 hours) ..................................... $160.00 City Finance Director: ($40.00/hour) x (2 hours) ........................... $80.00 City Legal Counsel: ($125.00/hour) x (2 hours) ........................... $250.00 All fees, excepting Reimbursements and Reconveyances, shall be paid prior to entering an agreement with the Applicant. 6. The period of time that the right to reimbursement exists; Pursuant to City Code 4.650 5(a), the right to reimbursement exists for ten years from the district formation date. Upon application for an extension, the City Council at its sole discretion may, by Resolution, authorize up to two consecutive five-year extensions for a total reimbursement period not to exceed twenty years. Reimbursement to the Applicant shall be made upon connection to the water and sewer improvements. 7. Whether the public improvement(s) will or have met City standards; The sewer and water improvements have been completed by the Applicant in accordance with City Standards and have been accepted by the City. 0 C:\WINDOWS\TEMP\wldreimb.wpd 0 EXHIBIT "B" REIMBURSEMENT AGREEMENT , between TRI -COUNTY BUILDERS and THE CITY OF REDMOND relating to the WILDFLOWER SUBDIVISION REIMBURSEMENT DISTRICT THIS AGREEMENT is made and entered into this day of , 2000 by and between the City of Redmond, a municipal corporation of the State of Oregon, hereinafter called "City", and Tri -County Builders, an Oregon Corporation, hereinafter called "Applicant". WHEREAS, Applicant was required to make water and sewer improvements to serve his development; and WHEREAS, the City held a public hearing, duly notice according to Redmond City Code, to receive testimony and evidence regarding the application for formation of a proposed Reimbursement District; and WHEREAS, the City adopted Resolution No. 2000-44 approving the City Engineer's Report as to properties which will benefit from the installation of sewer and water improvements beyond the Applicant's property and forming the proposed Reimbursement District; and WHEREAS, that Resolution authorizes the Interim City Manager to enter into an Agreement in the form required by the Redmond City Code; and WHEREAS, the City Engineer has determined that the Applicant has completed the required sewer and water improvements and is entitle to reimbursement for the share of that cost attributable to other benefitted properties consistent with the Engineer's Report and Resolution; and WHEREAS, the Applicant has paid to the City all administration fees as outlined in the Engineer's Report. NOW, THEREFORE, the parties agree as follows: 1. Cost of the Public Improvements: The total cost of the public improvements eligible for reimbursement is $13,584.23 for sewer and $30,675.88 for water, less administrative costs as specified in Section 4 of this agreement. • C:\WINDOWS\TEMP\wldreimb.wpd 2. Description of the Improvements: The improvements subject to this Agreement is the 8 -inch portion of a sanitary sewer line and 8 -inch portion of a water line as described in the Engineer's Report attached as Exhibit "A" herto.. 3. Properties within the Reimbursement District: The affected parcels of land, the owners thereof, and the methodology employed by the City to spread the construction cost for the improvement is specified in the Engineer's Report attached as Exhibit "A" hereto. 4. When Reimbursements are Due and Payable: Property owners shall pay the reimbursement fee established herein at such time as they make an application for development of the affected property. Thereafter, within ninety (90) days of the City's receipt of the reimbursement fee, it shall pay such fee, less its administrative cost of $35.00 per payment, to the Applicant. The City will make reasonable efforts to properly account for and collect the reimbursement fee from any affected property, but is not liable for any failure to collect such fee. • 5. Guarantee of Improvement: All work performed in making the improvement shall be guaranteed by the Applicant for a period of twelve (12) months from the date of acceptance by the City. Upon approval of the City Engineer, which approval shall not be unreasonably withheld, the City may accept a guarantee from the entity responsible for performing the work in lieu of or in addition to the guarantee required from the Applicant pursuant to Redmond City Code. 6. Indemnification: Applicant agrees to fully indemnify and defend th City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorneys' fees and related litigation costs at both rial and appeal level, whether or not a trial or appeal ever takes place, that have been incurred by th City since the formation of the District or may be asserted by any person or entity which in any way arise from or are connected with City's establishment of the Reimbursement District or entering into this Agreement. 7. Complete A=ment: This Agreement and any referenced attachment constitute the complete agreement between the City and Applicant and supersede all prior written or oral discussions. CAWINDOWS\TEMP\wldreimb.wpd IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. CITY OF REDMOND: JoAnne Sutherland Interim City Manager • • CAWINDOWSITEMP\wldreimb.wpd TRI -COUNTY BUILDERS: Date Robert Childers, Sr. Date WILDFLOWER SUBDIVISION REIMBURSEMENT DISTRICT ♦�� a OND N Map PreW CITY OF REDMOND e 150 0 150 300 450 Feet PUBUC WORKS DEPARTMENT August 1, 2000 0 0 • Tax Lot #15-13-04 800 Roman Catholic Bishop of the Diocese of Baker A parcel of land known as Partition Plat #1990-29, Parcel "B", located in the SW 1/4, Section 4, T15S, R13E, W.M., Deschutes County, Oregon. Page 4 of Order No. RD023360RR, dated September 24, 1999 15-1 3 - Ug- CD4 EXHIBIT "A" Robert J. & John H. Green A parcel of laid situate in a portion of the North Half of the North Half of the Northeast Quarter of the Northeaot Quarter (N1/2N1/2NE1/4NE114) in Section Eight (9), Townohip Fifteen (15) South, Range Thirteen (13). East of the Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: Commencing at a braes cap in a monument case monumenting the Northeast corner of Section S. Township 15 South, Range 13, E.W.M., the initial point; thence South 00022133" went along the East line of the Northeast Quarter (NE1/4) of said Section 8, 330.51 feet to the South line of the N1/2N1/2NE1/4NE1/4; thence South 89959141" West along said South line 40.66 feet to a 1/2" pipe and the True Point of Beginning; thence South 89.59147" Went along said South line 319.23 feet to a 1/2" pipe; thence North 00002120" west normal to the North line of said NE1/4, 278.87 feet to a 1/2" pipe on the South right of way of Northwest way, being 40 feet from the centerline of said way; thence North 69.44,23" East along said right of way 81.57 feet to a 3/4" pipe; thence 450.10 feet along said right oL way and along the arc of a 297.034 foot radius curve concave Southwest, forming a< central angle of 86.49117" and along chord bearing South 46°50,69" East, 408.26 feet to the Point of Beginning. U • Daniel J. & Lila L. Christianse 9r-01#092 15--)5-01? 302- twmORANDUM OF REAL ESTATE CONTRACT OF S rI KNOW ALL MEN BY THESE PRESENTS, than notice is hereby given to whom it may concern that under and by virtue of a certain agreement of sale dated March 23, 1995, for and in consideration of the sum of $150,000, LEONARD C. WOLF, -9-single man, agreed to sell to DANIEL J. CHRISTIANSEN and LILA L. CHRISTIANSEN, Husband and Wife, the following described real propert3► located in Deschutes County, State of Oregon: That portion of the South Half of the North Half of the Northeast Quarter of the Northeast Quarter (S1/2 N1/2 NE1/4 NEI/4) of Section 8, Township 15 South, Range 13, East of the Willamette Meridian, Deschutes County, Oregon, lying Easterly of the Central Oregon Irrigation Canal Lateral C. TOGETHER WITH all water appurtenant to the property delivered through the system of Central Oregon Irrigation District. Subject to: 1. Regulations, including levies, assessments, water and irrigation rights and easements for ditches and canals of Central Oregon Irrigation District. 2. Easement, including the terms and provisions thereof, affecting the portion of said premises and for the purposes stated therein for canals and laterals as reserved by the State of Oregon, recorded January 7, 1920 in Book 27, Page 121, Deed Records. 3. Easement, including the terms and provisions thereof, affecting the portion of said premises and for the purposes stated therein for the Westerly extension of Larch Avenue as reserved by Gladys Links recorded March 21, 1973 in Book 193, Page 556, Deed Records. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRS PROTECTION DISTRICT PROTECTING STRUCTURES- THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEB TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FHB TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Until a change is requested, all tax statements shall be sent to the following address: Daniel and Lila Christiansen 1931 NN Larch Redmond, OR 97756 That said agreement in part provides that the taxes shall be prorated as of closing, and thereafter shall be the obligation of the Purchaser. WITNESS our hands this 23rd SELLERS LEONARD C. WO X After recording, return to: Bryant, Emerson, Fitch i McCord PO Box 457 Redmond, OR 97756 day of March , 1995. Page 1 - MEMORANDUM OF CONTRACT OF SALE fs%rea:Nfh%M:/.wr E.'•'. ? T.:t5C0. WANY w 13calwCuna-mu' nn- PURCHASER! L4 4 J<CHRISTI!8 LILA L."CHRISTIANSEN DQCUMENT ILLE6IBI,OOR QUA uTY AT TIME Of RECORDING. I The Northwest One-quarter of One-quarter (NW1/4NW1/4NW1/4) Range Thirteen (13), East of 15 --)3- ^ 5 z6v Exhibit A Ra mond A. Holcomb DESCRIPTION SHEET Y ;4 est the Northwest one-quarterTownshipFifteenSouth of Section Nine (9), P Fifteen the Willamette Meridian, Deschutes County, Oregon. EXCEPTING THEREFROM that portion thereof described as follows: Beginning at the Northwest corner of said Section 9, and running thence South along the West line of said Section a distance of 275 feet; thence Northeasterly in a direct line to a point on which the North line of said Section, which point is 380 fees ofsesid Sectionof said Northwest hcorner sSection;aid adistanceof 360feetto the thence West along the North lin point of beginning. ALSO EXCEPTING THEREFROM that portion conveyed to the County of Deschutes, State of Oregon, by Deed dated April 10, 1972 and recorded May 25, 1972 in Book 185, Page 102, Deed Records. • OOCUMI-7, I f ILLEGIBLE/POOR QUA. L ( i TWE OF hECORDING • STATT OF OREGON ) COUNTY Of OISCNUTff ) I. MARY Slit DUN10110W COW, Cuts ANO I'M= 0/ CONtl/YAa 0 AND on SM COUNT'. 00 NIRRtt UMi MAY to 11rtfNIN NliYRl *a WU "COMO IN OAt# 95DEr. -Ii AN 11 i 10 � Il(i!i•• :� �;f�.l;. sig, t'RK Rt. OEPUf1r • 0 e � * • 1S—) 3 —0/-3 300 Frank G. & Gloria -Phillips �`,XNOW:ALL MEN By THESE PRESENTS, That Frank Phillips ......... .... ...... _,,,•„_;_ :;•,•... , hereinafter called the grantor, lot the consideration hereinafter steted, to,grantorpa,d by 1he..t oupty,_.gf„Deschutes, State, of•,Orcgon... _ ,• . r ... ere t rantee,' . ......... .K •=:doeshereby;gremt,:bargnin, sell and convey -unto the said grantee and grantee's heirs, sueeesaon and assigns, that•. certain real 'propert3 , with the Yenemenfs, hereditaments and appurtenances thereunto belonor appertaining, sit '” '. t .*, .`l y ..,_D and State of Oregon, described a, follows, to--W'it: "� afed:tn Ila Count of ... go Locatbdj the N.N 1/4.of.the N.N, 1/4 of Section 9, T1S5 R13E is beginning : •:at .xhb .1P. - corner of rSection 9; thence Easterly 24.05' along the��North line of k ,. r F Setsti ,;,to'the :true point of beginning; thence Easterly 5.95 a ong the North `line'Q eciion .9;.:thence:S 00° 17' 20” W 253.62' alon the new road R/W; thence S :S4%ffli 0811.,N,'j7.74'•; .thence; N 00° 21' 20" E, 258.16' along therold road R/K, to:.tli oint of beginning. _ apt Sad arcdl•(-'a6ntalning`0 036 'acres.` k s r M � .,. • r �t [.. jJi 'list r{�.j �rj�;l� •,�'. ',i'.' 'w To Hare and to Hold the same unto the said grantee and grantees heirs. successors And add grantor hereby covenants to and with said grantee and grantees heirs. v POOR QUA CORDING. and that eof against the laN•- ibed encumbrancer promised which i! Fr within -instru- W nand on the Oii . 197- • :7 -0 DESCHUTES COUNTY OFFICIAL RECORDS 11JUT MARY SUE 'ENHOLLOW, COUNTY CLERK • IJOT I I III I �Ilil�ll�l) =46,00 03/29/2002 01;52;34 Ph IRS-I"S Cntal SM.Z SHIRLEY $20.00 =13.00 $10.00 0.00 DESCHUTES COUNTY CLERK CERTIFICATE PAGE This page must be included if document is re-recorded. Do Not remove from original document. 0 DEVELOPMENT AND PURCHASE AGREEMENT THIS DEVELOPMENT AND PURCHASE AGREEMENT entered into this fh day of June, 2000, by JOHN TEHAN & PEGGY TEHAN, Owner and CITY OF SISTERS, OREGON, Purchaser. WITNESSETH WHEREAS, John Tehan and Peggy Tehan are the owners of certain property within the City of Sisters, Oregon, identified as Parcels 1, 2 and 3 on the map attached as Exhibit A to this agreement; and/ -1 ar WHEREAS, John Tehan and Peggy Tehan desire to develop Parcels 2 and 3 into"residential lots; and WHEREAS, John Tehan and Peggy Tehan have executed an easement for a pump station on a portion of Parcel 2 (Exhibit B), have dedicated right-of-way along (Exhibit C), and a sewer and utility easement through a separate Parcel 1 (Exhibit D); an �patrcc 15 2 and 3 41-60 WHEREAS, The City of Sisters is planning, but not guaranteed, to construct a sewage treatment system and is in the process of obtaining necessary funding for this system, which would include construction of sewer collection lines along and through the right-of-way identified on Exhibit C and along and through the easement identified on Exhibit D, and to construct the sewer pump station identified on Exhibit B; and WHEREAS, The City of Sisters desires to purchase the property identified in Exhibit B for use for the sewer pump station; • NOW, THEREFORE, IN CONSIDERATION OFTHE FOREGOING, THE PARTIES P9 HEREBY AGREE AS FOLLOWS: �l even di 'sion Application: Owner shall apply for a tentative subdivision land use approval for the residential"lots to be created on Parcels 2 and 3, Partition 1991-55, through the City of Sisters. The application shall include, as a separate parcel to be created in the subdivision, the property identified in Exhibit B. Owner shall be responsible for the filing of final plats, following land use approval. 2. Purchase of Pump Station Property: Once the final plat approval for this subdivision is completed, Owner shall sell to City and City shall purchase from Owner the Parcel identified in Exhibit B, which constitutes the pump station easement. The purchase price shall be an amount equal to any land use application fees associated with the Subdivision Application in Section 1 along with any survey expenses, engineering costs and associated fees for the right -of --way dedication in Exhibits C and the easements in Exhibits B and D. The City agrees to extinguish the pump station easement referenced in the recitals to this Agreement when Tehan deeds the pump station property to City. 3. Sewer Lines: The sewer lines along and through the right-of-way identified in Exhibit C (along Parcels 2 and 3) and the easement identified in Exhibit D (through Parcel 1) shall be constructed by the City of Sisters, provided that the City is able to obtain the necessary funding and meet the other requirements associated with the funding of the sewg project, at no cost to Owner. A) 9: tr even 4. Sewer Tees: The City of Sisters shall design and construe the sanitary sewer tees and sewer services to the edge of the right-of-way for the proposed rest ential lots under the subdivision application that front Rope Lane. In addition, Owner or Owner's successors in interest shall be allowed connection to the constructed sewers without further charges excepting System /Qf.r 41 ids �,s r'l�'S -1- DEVELOPMENT AND PURCHASE AGREEMENT Q rV�X §1 •sdbkities\sistersteasemnua\'1'chanA)gcemcnt.wpd d �f a,srr /� Development Charges or other fees typical and standard of the City building pen -nit process. 5. Pump Station: Owner shall have the opportunity to review the construction drawings for is the sewer pump station buildings and appurtenances. The pump station building design shall be compatible with the proposed residential development. The pump station shall be constructed by the City of Sisters at no cost to Owner. G. Cul-de-sac Vacation: The City of Sisters shall vacate the excess right-of-way associated with the temporary cul-de-sac previously created on Rope Lane. 7. Right -of -Way Improvements: The City of Sisters shall install, at its expense, all right -or - way improvements and utilities along Rope Lane as required as part of the subdivision approval. 8. Termination: Owner reserves the right to rescind this agreement if, in his sole discretion, the subdivision approval imposes unreasonable conditions of approval on the filing of the final plats. Owner will exercise this right within ten days of receipt of subdivision approval or this right shall be deemed waived. In addition, in the event the City elects not to proceed with the construction of the sewer treatment facilities and not to install sewer treatr}i}i�e�,oit fa��'lities within the City, tutss-� agreement shall be void and the City shall release the easVK11191nd right-of-way dedicatio contained in Exhibits B, C, and D. The City shall notify Tehan immediately if it is unable to proceed with the project on or before January 1, 2002. 9. Attorney Fee: In case suit or action is instituted upon or in connection with this agreement, the prevailing party shall be entitled to recover from the losing party such sums as the court may adjudge reasonable as attorney fees and costs in such suit or action, or upon appeal. DATED this V day of June, 2000. CITY SISTERS T I W. • VE WILS N, MAY R STATE OF OREGON ) )Ss. County of Deschutes ) OWNER Personally appeared the above named JOHN TEHAN and PEGGY TEHNan cknowledgec the foregoing instrument to be their voluntary act a e OFFICIAL SEAL Notary Pu is or r on BARBARA J WARREN M commission ex ires: NOTARY PUBLIC -OREGON y p STATE O MOM 1SSION_No. go4��0 County of Personally appeared the above named STE4ENnd acknowl ged a foregoing instrument to be their voluntary act and deed. FPLMEOSE r OregoX NIT ARBARA J WARREN My commission 'e*res: NOTARY PUBLIC -OREGON OMMISSION NO.30477021 1011 -2 -DE AND PURCHASE AGREEMENT • sdb\c i[ies\sisters\Lascmcnts\TchanAgrecmenl. wpd TAMARACK STREET N I I I � BLK 5 - EDGE OF THE PINES ADDITION �a L 1 ,(p1T; ar R 5am+00'04b3'EASL 11S1Y I o ®5 �q NORTH 00.0396' 1151, KIP �i � Rg v i A 0 7 NORTH 00.0396' 1151, KIP �i � Rg v i A 0 NORTH 00.0396' 1151, KIP �i � Rg 5 00'05'il' E, I®10OP (HGE) --�a SM OraOM EAST, US 95 o,F-da - $ BARCLAY MEADOWS FIRST ADDITION'S E i A 0 5 00'05'il' E, I®10OP (HGE) --�a SM OraOM EAST, US 95 o,F-da - $ BARCLAY MEADOWS FIRST ADDITION'S • CITY OF SISTERS ACCEPTANCE OF THIS DOCUMENT .7 .01 0 The City of Sisters hereby accepts this document STATE OF OREGON,) County of Deschutes ) BE IT REMEMBERED. That on this cQ g day of . 20 0--",. Before me, the undersigned, Public in and for the Sta of Ore go personally appeared the ed j known to me to the i entical indivi al (s d ribed in and who executed the within instrument and acknowledged to me that (he) she (they) executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above %yritte/rv.,7 Z "I 2ff/.S7r-7 Notary Public for Oregon My commission Seal =ORIA;EIST UL BLIC - oRED]fjON I354EXPIRES RS. 11. 4 ORDINANCE NO. 331 AN ORDINANCE APPROVING CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SISTERS AND JOHN AND PEGGY TEEHAN AND DECLARING AN EMERGENCY. WHEREAS: The City of Sisters and John and Peggy Teehan have negotiated and finalized a development agreement for a subdivision of Parcel 1 of 1991-55 located in South %z of the SE quarter, section 4,T. 15 S., R 10 E., W.M., City of Sisters, Deschutes County, Oregon; and WHEREAS: All necessary hearings have been held concerning the Development Agreement and the City is satisfied with the provisions of the Agreement and that the Agreement meet the requirements of ORS 94.504; and WHEREAS: John and Peggy Teehan have agreed to be bound by the terms of the Agreement. NOW, THEREFORE, THE CITY OF SISTERS ORDAINS AS FOLLOWS: • Section 1—Development Agreement/Record: The City of Sisters approves and adopts the Development Agreement for a subdivision of Parcel 1 of 1991-55 located in South 1/2 of . the SE quarter, section 4,T. 15S., R10E., W.M., City of Sisters, Deschutes County, Oregon. Section 2. Recordigg: The City of Sisters Council hereby authorizes, requires, and directs the City Administrator to record the John and Peggy Teehan agreement with the Deschutes County Recorder's office. Section 3. Emerscenoy: The City Council finds this ordinance is necessary for the immediate health, peace and safety of the City and, therefore, that this code provision become immediately effective and applicable upon passage. PASS y the city cou c' and signed by the Mayor this 14`h day of March, 2002. Ste en M. Wilson, Mayor ATTR V. i i!M-MaAl.-WaITn, Administrator E� 0 0 11 BOO PS7 VOL: 2000 PAGE: 25862 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHU S 111111111111111111111111111111111111111111111111111111111 —D/ *2000-25862 * Vol -Page Printed: 06/29/2000 11:48:04 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Jun. 29, 2000; 11:47 a.m. 522693 L se $31.00 NUMBER OF PAGES: 1 Lv� 0.., 0,-� MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK M • 4av 4, as4a.i RELEASE OF PREVIOUSLY RECORDED LICENSE AND IMPROVEMENT AGREEMENT DESCHUTES COUNTY, a political subdivision of the State of Oregon, acting by and through its Community Development Department, party to that License and Improvement Agreement recorded on March 30, 2000 in Volume 2000, Page 12279, of the Official Records of Deschutes County, entered into and between DESCHUTES COUNTY, OREGON and EAGLE CREST, INC., for the purpose of securing completion of improvements within RIDGE AT EAGLE CREST 33 as required in the conditions of approval for Deschutes County permit File #TP -99-906, does hereby acknowledge that the terms of said Improvement Agreement have been fully satisfied. Dated this c�-g day of _'2000. DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT, 'xL"Z, � "�/' GEORG J. AD,' Director STATE OF OREGON ) )SS. County of Deschutes ) Before me, a Notary Public, personally appeared GEORGE J. READ, Director of the Community Development Department of Deschutes County, Oregon, who acknowledged the foregoing instrument, on behalf of Deschutes County, Oregon. Dated this �0 day of \ , 2000. NOTARV PUBLIC FOR OREGO J� OFFICIAL SEAL My Commission Expires: COQ l SANDRA L RINGER NOTARY PUBLIC -OREGON COMMISSION NO. 307397 MY COMMISSION EXPIRES DEC. 4, 2001 %f og " „ /.4� 7- LICENSE AND IMPROVEMENT AGREEMENT This License and Improvement Agreement (Agreement), relating to the installation of required improvements to be constructed in RIDGE AT EAGLE CREST 33, hereafter referred to as "Subdivision", as required in the conditions of approval of the approval in File #TP -99.906 made and entered into this�4D day of M 2000, by and between DESCHUTES COUNTY, OREGON, a political subdivision of the State of Oregon, herein after referred to as "County"; and EAGLE CREST, INC., hereinafter referred to as "Developer," WITNESSETH: WHEREAS, Developer is the subdivider of the Subdivision in the approval granted under TP -99-906 and WHEREAS, the improvements required for the Subdivision have not been completed; and WHEREAS, Developer intends to file a final plat for the Subdivision prior to the completion of the required improvements; and WHEREAS, Deschutes County Code Section 17.24.120 provides that Developer may, in lieu of completing required improvements prior to filing the final plat, enter into an agreement with the County for the completion of the required improvements and provide a good and sufficient form of security, consistent with Deschutes County Code Section 17.24.130, to provide for the completion of the required improvements; now, therefore, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above mentioned, for and in consideration of the mutual promises hereinafter stated, as follows: 1. The real property subject to this Agreement, hereinafter the "Subdivision real property" is described in Exhibit "A," attached hereto and by this reference incorporated herein. 2. Developer shall install and complete, or cause to be installed and completed, those improvements required by Conditions #7, 8 and 9 of the approval in TP -99-906, that remain to be completed as set forth in Exhibit "B", attached hereto and by this reference incorporated herein. All such improvements (hereinafter referred to as "required improvements) shall be installed and completed to county specifications and be inspected and receive approval from the County Road Department no later than one (1) year from the date the final plat for the Subdivision is recorded with the County Clerk. Developer shall also repair all existing and constructed facilities, within and without the Subdivision, damaged during any such installation, on or before such date. 3. County shall have the right to come onto the property to make inspections of the required improvements. If the County determines that the required improvements have not been completed as specified by the completion date established in Section 2 herein, County or its agents may enter onto the subdivision real property and cause the required improvements to be installed and completed to required specifications and call upon Developer's security and any assets of Developer to recover from Developer the full cost and expense of completing the required improvements, together with court costs and attorney's fees necessary to collect said amounts. 4. This Agreement is made for the benefit of the County and not the Developers. 1 - Des hutes County/Eagle Crest, Inc. — TP -99-906 06/27/00 TUE 15:19 FA% 541 585 1764 Des, Co. CDD E. DESCHUTES COUNTY IMPROVEMENT AGREEMENT SATISFACTION DESCHUTES COUNTY, a political subdivision of the State of Oregon, acting by and through its Community Development Department, party to that Improvement Agreement recorded on March 17, 1999 in Volume 1999, Page 13115, of the Official Records of Deschutes County, entered into and between DESCHUTES COUNTY, OREGON and EAGLE CREST, INC., for the purpose of securing completion of improvements within RIDGE AT EAGLE CREST 20 as required in the conditions of approval for Deschutes County permit File #TP -98-899, does hereby acknowledge that the terms of said Improvement Agreement have been fully satisfied. Dated this I day of • STATE OF OREGON } County of Deschutes ss. } 199,. DESCHUTES COUNTY COMMUNITY DEVELOPMENT DEPARTMENT, GEORGE J. READ, Director Before me, a Notary Public, personally appeared GEORGE J. READ, Director of the Community Development Department of Deschutes County, Oregon, who acknowledged the foregoing instrument, on behalf of Deschutes County, Oregon. Dated this day of 12/11/97-slr • 199. NOTARY PUBLIC FOR OREGON My Commission Expires: Q 002 1999 PA(;[,',: 17821 RECORDEI)1)(ATIN1E N'T STATL Or Oltl-.(iON COUNTY OF I)I•a('lIt1.1'I'.S I hereby certify that the attached insU-umcnt was received and duly recorded in Deschutes County records: 1)ATI AN1) TIME: R1 CHIPT NO: DOCUMENT'TYPE: FFF PAID: Apr. 12, 1999, 11:51 a.m. V- v 4520 Revocation of, Contract NUMIiFR OF I'AGf?S: I MARY SUF PI:N11O1.LOW 1)ESCIIU"1'(S COUNTY CLERK REVOCATION OF CONTRACT %— A11 Men by These Presents, that MidsLaLe Electric Cooperative, Inc., the undersiT gned, having contracted with h1c.l �]f�4,i�j _ on �p(�Il�-�----- io provide electric service to real property described as: Vection _ �iTownship —_ S Range JJ ___EWM fort ion- Lot _� ©lock Subdivision -DL_t1y___j y_Q_r—�y .r,Q1Lr�ClIT1�`�i"�C �i And Recorded in _�c�aC:.t1LL ..c County on—11Ulae- --I.—, 11ra Volume and Page C)3_1�j CMZ in the State of Oregon, now desires to release all liens and rights to lien which have accrued or may accrue by virtue of said contract and execute this document as evidence thereof: Now, Therefore, Midstate Electric Cooperative, Inc., the undersigned, ti -n �1v,i,,ew,,� of the , ��Pp�,,��re,��NNlIises an in consideration of Fl,�o571.ac. ,oiI-X��i�__t1-t.inill_ec � 2" r -1- L+7 o 11 a rs which has been paid by �a�_�'-�v 1(.'u s , the receipt. of all of which hereby is acknowledged, hereby releases any and all liens, claims of lien and rights to lien on the above described real property in connection with the above referenced contract only. 1.1;1-te - - MIDSTA F.hEC9'{ IC COOPERATIVE INC. J31'11TK OF OKKG5N CnunLy of Deschutes Personally appeared before me,2P_ acting as a representative for MIDSTATE EL�i-V COOPERATIVE, INC. , A Corporation, and that the instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. Before Me: FICIAL SL +. 1ENE7A H C1,1([V NO-11,11IAHV PIIRLI:!)HFf,C,�1 CnMMISSIGNNGOunn NOTARY PUBLIC GOR OREGON My Commission expires: — II`i �_ 51 t.11) N. I hghway 97 P.O. Ilex 127 La fine, Oregon 97739 (5.41)516-2126 (800)722-7219 FAX (541) 536-1423 Y otc Q# - o REDMOND ORDINANCE , r i ORDINANCE NO. 98-36 co P� -' AN ORDINANCE OF THE CITY OF REDMOND, OREGON, REPEALING REDMOND Cp CITY CODE, SECTIONS 4.350 TO 4.370 AND CREATING A NEW SECTION 4.69_10 s TO 4.665 RELATING TO REIMBURSEMENT DISTRICTS. WHEREAS, a person or entity may construct street, water and sewer improvements which benefit other property owners and relieve those other property owners of the requirement of installing such improvements; and WHEREAS, the City Council finds that a process should be implemented to impose a connection charge on other property owners who are benefitted by such street, water and/or sewer improvements and to reimburse the person or entity who caused their installation. NOW, THEREFORE; THE CITY OF REDMOND ORDAINS AS FOLLOWS: The Redmond City Code is amended by repealing Sections 4.350 to 4.370 and creating a new Section 4.600 to 4.665 entitled "Reimbursement Districts," which shall read as • follows: Section 1: Definitions. • 4.600 The following terms are defined for the purposes of this Section as follows: 1. Applicant. A person who is required to pay for or install (or chooses to finance) some or all of a public improvement which is available to serve real property (other than real property owned by the person) and who applies to the City for reimbursement for the expense of the improvement. An applicant can be the City. 2. C� The City of Redmond. 3. City Engineer. The person holding the position of City Engineer or any officer or employee designated by that person to perform the duties set out in this Section. 4. Front Footage. The linear footage of a lot or parcel owned by a property owner to be served by a public improvement. Front footage excludes the front footage of property used as public right-of-way. Page 1 - Ordinance No. 98-36 5. Person. A natural person, a partnership, corporation, association or any • other legal entity, capable of owning, holding and/or disposing of real or personal property. 6. Public Improvement. The construction, reconstruction and/or upgrading of facilities covered by the terms of "street improvement", "sewer improvement" and/or "water improvement" as defined in this Section. 7. Reimbursement Agreement. The agreement between an applicant and the City providing for the construction, reconstruction and/or upgrading of and payment for public improvements to be financed through a reimbursement district. 8. Reimbursement District. The area determined by the Redmond City Council to derive benefits from the construction of street, water and/or sewer improvements, financed in whole or in part by an applicant including property having the potential to utilize the affected improvement(s). 9. Reimbursement Fee. That sum determined by a resolution of the City Council and the reimbursement agreement to be the amount of money proportionate to the benefit derived by the affected property from the public improvement. • 10. Sewer Improvement. A sewer or sewer line improvement conforming with the City of Redmond adopted standards and specifications, City of Redmond Code, Chapter 8, Development Code, and any applicable land use conditions of approval including, but not limited to, extending a sewer line to property, other than property owned by the applicant, so that sewer service can be provided for such other property without further extension of the line. 11. Street Improvement. A street or street improvement conforming with the City of Redmond adopted standards and specifications, City of Redmond Code, Chapter 8, Development Code, and any applicable land use conditions of approval including, but not limited to, streets, storm drains, curbs, gutters, sidewalks, bike paths, traffic control devices, street trees, lights and signs and public right-of-way. 12. Water Improvement. A water or water line improvement conforming with the City of Redmond adopted standards and specifications, City of Redmond Code, Chapter 8, Development Code, and any applicable land use conditions of approval including, but not limited to, extending a water line to real property (other than property owned by the applicant) so that water service can be provided for said other property without extension of • the line. Page 2 - Ordinance No. 98-36 13. Utilize. To receive the benefit of a public improvement, manifested by the receipt of a permit which will allow the use of an affected public improvement, or increase the use thereof. 4.605 Application for a Reimbursement District. Any person who constructs public improvement(s) capable of providing service(s) to property, other than property owned by that person, may, by written application filed with the City, request that the City establish a reimbursement district. The application shall be accompanied by a fee sufficient to cover the cost of administrative review and the notice required by this Section. 2. The application for creation of a reimbursement district shall include the following: a. A description of the location, type, size and cost of the public improvement sought to be eligible; b. A map showing the properties to be included within the proposed reimbursement district which includes information on the ownership of each property; the zoning thereof; the front and/or square footage of the property; and any other data (traffic studies, water • modeling, etc.) necessary for or relevant to calculating the apportionment of the cost of the affected public improvement(s). C. Information on the cost of the public improvement(s). In the event the affected public improvement(s) have been built or installed, this information must reflect the actual cost of the improvements as evidenced by receipts, invoices or other similar documents. In the event the public improvements have not been constructed or installed, the information must reflect the estimated cost of the improvements as evidenced by bids, projections as to the cost of labor and materials and other similar information requested by the City Engineer. d. The date the City either accepted the public improvements or estimated date of completion. An application may be submitted to the City prior to the construction or installation of the attached public improvement but in any event must be submitted not later than ninety (90) days after completion and acceptance by the City of the public improvements. However, the City Engineer may waive this time limitation upon a showing by the applicant of good cause for the delay. • Page 3 - Ordinance No. 98-36 4.610 Engineer's Report. The City Engineer shall review the application • and evaluate whether a Reimbursement District should be established. The City Engineer may require the submittal of other relevant information from the applicant in order to assist the City Engineer in the evaluation. The City Engineer shall after evaluation, prepare a written report for the City Council, considering and making a recommendation as to the efficacy of establishing a reimbursement district. The report shall include information on the following items: 1. Whether the applicant will finance or has constructed some or all of the public improvement(s) and whether those improvements are available to serve property other than property owned by the applicant; 2. The area to be included within the reimbursement district; 3. The actual or estimated cost of the public improvement(s); 4. A methodology for spreading the cost associated with the public improvement(s) between and among the affected parcels. The methodology should take into consideration the cost of the improvement(s), the value of the unused capacity, and such other factors as may be deemed relevant by the City Engineer, utilizing cost accounting principles generally employed in the construction of public improvements; • 5. The amount, if any, to be charged by the City for its administration of the agreement; 6. The period of time that the right to reimbursement exists; and 7. Whether the public improvement(s) will or have met City standards. 4.615 Amount to be Reimbursed. The cost to be reimbursed to the applicant is limited to the cost of construction, including property acquisition costs, the cost of construction permits, engineering and legal expenses related directly to the formation of the Reimbursement District, as determined by the City Council in its sole discretion. 4.620 Public Hearing. 1. Within a reasonable time after the City Engineer has completed the report described in Section 4.610, the City Council shall hold a public hearing at which any person who is or may be monetarily affected by the formation of the reimbursement district is given the opportunity to comment on the formation of the proposed reimbursement district. The formation of the • reimbursement district is not subject to termination because of Page 4 - Ordinance No. 98-36 remonstrances, and the City Council has the sole authority and discretion to decide whether a reimbursement district shall be formed. 2. If a reimbursement district is formed prior to the actual construction of and/or acceptance by the City of the improvement(s), the City Council may set a not -to -exceed reimbursable amount which may or may not reflect the applicant's actual costs. A second public hearing shall be held after the improvement(s) have been accepted by the City. At that time, the City Council may modify the resolution described in Section 4.630 to reflect the actual cost of the improvement(s). 4.625 Notice of Public Hearing. Not less than ten (10) nor more than thirty (30) days prior to any public hearing held pursuant to this Section, the applicant and all owners of property within the proposed district shall be notified of such hearing and the purpose thereof. Such notification shall be accomplished by either regular mail or personal service. If notification is accomplished by mail, notice shall be mailed not less than thirteen (13) days prior to the hearing, which notice is deemed effective on the date the notice is mailed. Failure of the applicant or any affected property owner to receive notice shall not invalidate or otherwise affect the authority of the City Council to act. 4.630 City Council Action. • 1. After the public hearing held pursuant to Section 4.620, the City Council shall approve, reject or modify the recommendations contained in the City Engineer's report. The Council's decision shall be embodied in a resolution. If a reimbursement district is established, the resolution shall include the City Engineer's report as approved or modified, and shall specify that payment of the reimbursement fee, as designated for each parcel, is a precondition of receiving City permits applicable to development of that parcel as provided for in Section 4.650. :7 2. When the applicant is other than the City, the resolution shall authorize the City Engineer to enter into an agreement with the applicant pertaining to the reimbursement district improvements. The agreement, at a minimum, shall contain the following provisions: a. That the public improvement(s) shall meet all applicable City standards; b. The amount of potential reimbursement to the applicant; C. That the total amount of potential reimbursement shall not exceed the actual cost of the public improvement(s); Page 5 - Ordinance No. 98-36 d. That the applicant shall guarantee the public improvement(s) for a minimum period of twelve (12) months after the date of written acceptance by the City; e. That the applicant shall defend, indemnify and hold the City harmless from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the City's establishment of the district; and f. That the City will make reasonable efforts to properly account for and collect the reimbursement fee from any affected property, including the City's costs or expenses related to collection of the reimbursement fee, but is not liable for any failure to collect such fee or costs. g. If the agreement is entered into prior to construction, the agreement shall be contingent upon the improvements being accepted by the City. 3. If a reimbursement district is established by the City Council, the date of the formation of the district shall be the date that the City Council adopts the resolution forming the district. . 4.635 Notice of Adoption of Resolution. The City shall notify all property owners within the district and the applicant of the adoption of a reimbursement district resolution, by notice mailed to them. The notice shall include a copy of the resolution, the date it was adopted and a short explanation of when the property owner is obligated to pay the reimbursement fee and the amount thereof. 4.640 Recording the Resolution. The City Recorder shall cause notice of the formation and nature of the reimbursement district to be filed in the office of the County Clerk so as to provide notice to potential purchasers of property within the District. Said recording shall not create a lien. Failure to make such recording shall not affect either the lawfulness of the resolution nor the obligation to pay the reimbursement fee. 4.645 Contesting the Reimbursement District. Any legal action intended to contest the formation of the district or the reimbursement fee, including the amount of the charge designated for each parcel, shall be filed within sixty (60) days following the adoption of a resolution establishing a reimbursement district, and shall be by Writ of Review as provided in ORS 34.010 to ORS 34.100. 4.650 Obligation to Pay Reimbursement Fee. • 1. The applicant for a permit related to property within any reimbursement district shall pay to the City, in addition to any other applicable fees and Page 6 - Ordinance No. 98-36 charges, the reimbursement fee established by the City Council if within • the time specified in the resolution, the person applies for and receives approval for any of the following activities: a. A building permit which will cause either the use of a public improvement or an increase in the use thereof; b. The connection to a public improvement which results in the use of a public improvement, or an increase in the use thereof. C. Any City approval or development activity which results in utilization of a public improvement as defined in Section 4.600. 2. The City's determination of who shall pay the reimbursement fee is final. Neither the City nor any officer or employee shall incur liability of any nature whatsoever as a result of this determination. 3. A permit applicant whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvement(s), regardless of whether access is taken or provided directly onto such street. Nothing in this Section is intended to modify or limit the authority of the City to provide or require access management. • 4. No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for other improvement(s). No permit shall be issued for any of the activities listed in Subsection 4.650(1) unless the reimbursement fee, together with the annual fee adjustment, has been paid in full. In the case of multiple improvements, a reimbursement fee may be collected for selected improvements which the new development actually utilizes. 5. The date when the right of reimbursement ends shall be as follows: a. For sewer and water improvements, ten years from the district formation date. Upon application for an extension, the City Council may, by resolution, authorize up to two consecutive five year extensions for a total reimbursement period not to exceed twenty years. A decision as to whether to grant any extension shall be the sole discretion of the City Council. b. For street improvements, ten years from the district formation date. The reimbursement fee shall be calculated over the ten year reimbursement period based on the City Engineer's determination of the useful life of the street improvement and shall decline five • percent (5%) per year to a value not exceeding 50% of the original fee in the tenth and final year of the reimbursement agreement. Page 7 - Ordinance No. 98-36 The reimbursement fee shall be calculated to decline beginning at • six months and five percent (5%) ever year thereafter. No extensions may be applied for or authorized in the case of street improvements. 6. Any property owner may prepay the established reimbursement fee prior to applying for a building permit or connecting to the affected public improvement. 4.655 Public Improvements. Public improvements installed pursuant to reimbursement district agreements shall become and remain the sole property of the City, or other appropriate public entity as directed by the City. 4.660 Multiple Public Improvements. During the initial formation of a reimbursement district, more than one public improvement may be considered for inclusion in the reimbursement district. 4.665 Collection and Payment; Other Fees and Charges. 1. Applicants shall receive all reimbursement collected by the City for their public improvements. Such reimbursement shall be delivered to the developer for as long as the reimbursement district agreement is in effect. Such payments shall be made by the City within ninety (90) days of . receipt of the reimbursements. 0 2. The reimbursement fee is not intended to replace or limit, and is in addition to, any other existing fees or charges collected by the City. Section 2: The City Council finds that the fees imposed by this Ordinance amending the Redmond City Code are not taxes subject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitution. PASSED by the Redmond City Council and APPROVED by the Mayor this 27th day of October, 1998. ��_ %% Page 8 - Ordinance No. 98-36 ;r • �� 1 RESTRICTIVE COVENANT WHEREAS, PIERATT BROTHERS, Inc (mining company) is the owner of that certain parcel of real property described as follows (the "Dominant Estate"); That real property described as Block YYY, Deschutes River Woods subdivision, Deschutes County, Oregon, also identified on County Assessor's Map Nos. 18-11-25C, Tax Lot No. 12600 and 18-11-26D, Tax Lot No. 1600. WHEREAS, the Dominant Estate contains valuable deposits of mineral and aggregate resources and is zoned Surface Mining (SM) by Deschutes County; is WHEREAS, Keith and Mary Campisi. ("Covenantor") are owners of that real property described as lot Eight (8), Block III, Deschutes River Woods subdivision, Deschutes County, Oregon; County Assessor's map 18-11-26D, tax lot 5500, Bend; and WHEREAS, Covenantor wishes to site a dwelling within 250 feet of the Surface Mining zoned property owned by the Dominant Estate; WHEREAS, The Servient Estate is zoned Surface Mining Impact Area (SMIA), which requires that new dwellings, considered to be noise -sensitive uses under the Deschutes County Zoning Ordinance, be set back at least 250 feet from property zoned SM; WHEREAS, Section 18.56.070(D) of the Deschutes County Code allows for an exception to setbacks from noise -sensitive uses and structures pursuant to a written agreement; WHEREAS, Covenantor desires to gain such a setback exception in a manner that avoids any future grievance or disputes over the operation and attendant uses arising out of a surface mine on the Dominant Estate; SMIA Agreement — SMA -99-41 Page 1 �o load NOW THEREFORE, in consideration of $ -0- paid Covenantor Pieratt Brothers, Inc. (mining company) this date and mutual promises contained herein, the parties agree as follows: 1. Pieratt Brothers, Inc. (mining company) agrees to permit an exception to the 250 - foot setback in Section 18.56.070(D) of the Deschutes County Zoning Ordinance, to the extent necessary to place a house in accordance with SMIA File #SMA -00- 2. Covenantor shall not make any claim or protest or file any legal proceedings that he or any successor in interest might otherwise have a right to file, complaining of or seeking any legal or equitable relief against the visual, noise, dust, reclamation, traffic any other similar impacts from surface mining activities lawfully conducted under and in conformanqe with Department of Geology and Mineral Industries (DOGAMI) standards on the Dominant Estate. 3. This Restrictive Covenant shall be recorded in the real property records of Deschutes County, Oregon, run with the land and shall be binding upon Covenantor's heirs, successors and assigns, and any person acquiring through Covenantor any right or interest in the Servient Estate. 4. This Restrictive Covenant shall be extinguished when: a. All extraction and processing activity on the Dominant Estate has been • completed. b. All reclamation required by law has been completed. • C. The Dominant Estate has been re -zoned from SM to the zone appropriate to the subsequent use of the Dominant Estate. Termination shall be evidenced by a statement in recordable form furnished by Pieratt Brothers, Inc. (miner) or its successors to Covenantor or its successors. 5. If any action or proceeding is commenced to enforce any provision of this Restrictive Covenant, or to protect or establish any right or remedy of either party hereunder, the prevailing party in such action or proceeding, as determined by the presiding authority, shall be entitled to recover, in addition to its reasonable costs and expenses, reasonable attorney's fees incurred before and at any hearing or trial, and on appeal or petition for review therefrom, in any amount established by the presiding authority thereof. SMIA Agreement — SMA -99-41 Page 2 • • Dated this 20' day of , 2000. Pieratt Brothers Inc. STATE OF OREGON, County of Deschutes, ss: certify that I know or have satisfactory evidence that s the person who appeared before me, and said person acknowledged that he signed this instrument and that he was authorized to execute the ,instrument and acknowledged it as the of Pieratt Brothers, Inc., to be the free and voluntary act and deed of such party for the uses and purposes mentioned in this instrument. OFFICIAL s .AL JACQUELINE L FANDUWARD J NOTARY PUBLIC • OREGON � ' COMMISSION NO. 304174 t Public for Oregon MY COMMISSION EXPIRES NOV.3. 2061 My commission Expires Dated this _day of 12000. r-Wiath Campisi \�Ao I Mary Cam t i On this .;amu day of L.Z:�. , 2000, the undersigned, a Notary Public in and for said county and state, personally appeared the within named Keith Campisi and Mary Campisi who are known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that they executed the same freely and voluntarily. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. OFFICIAL SEAL JACQUELINE L FANDUWARD • NOTARY PUBLIC - OREGON COMMISSION NO. 304174 MY COMMISSION EXPIRES NOV. 3 2001 SMIA Agreement - SMA -99-41 Page 3 ;ot Public for Ore on My ommission Expires 4-1 VOL: 1999 PAGE: 8694 Q$� RECORDED DOCUMENT ee STATE OF OREGON COUNTY OF DESCHUTES I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Feb. 22, 1999; 1:48 p.m. Ordinance (County or City) $25.00 NUMBER OF PAGES: 4 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK 1111111111111111111,11111111111111111111111111111111111 IY V • �- I REDMOND ORDINANCE ORDINANCE NO. 1999-�P AN ORDINANCE REPEALING ORDINANCE NO. 1999-02 RELATING TO THE ANNEXATION OF CERTAIN TERRITORY INTO THE CITY OF REDMOND AND DECLARING CERTAIN TERRITORY AS BEING ANNEXED TO AND INCORPORATED WITHIN THE CITY OF REDMOND, SETTING THE ZONE THEREFORE, AND WITHDRAWING SAID PROPERTY FROM THE RURAL FIRE PROTECTION DISTRICT NO. 1. AND DECLARING AN EMERGENCY (The Summit / 11illcrest Subdivision) WHEREAS, an application has been submitted to the City of Redmond for the annexation of the property described below; and WHEREAS, the applicant is the sole owner of said property and the properties are now vacant or occupied by an applicant; WHEREAS, the City Charter does not expressly prohibit the City from dispensing with submitting the questions of annexation to the registered voters of the City; and WHEREAS, Resolution No. 98-68 was passed initiating the annexation and zoning of said territory, setting a public hearing for 7:00 p.m., January 12, 1999 at the Redmond City Council Chambers, 777 SW Deschutes, and directing that notice be given therefor, and since said hearing was held at such time and place and no one appeared to protest the annexation of said territory to the City; and WHEREAS, the City Council finds that this annexation complies with the Redmond Urban Area Comprehensive Plan; and WHEREAS, the City Council finds that this annexation is in the best interest of the City and of said territory, NOW, THEREFORE, THE CITY OF REDMOND ORDAINS AS FOLLOWS: SECTION L Ordinance No. 1999-02 is hereby repealed. SECTION 2: Annexation Area: The following described territory is hereby proclaimed to be annexed to the City of Redmond, Oregon: See attached Exhibit "A" ,/PIEASF nr' �? C11` k )IIOF.RS OFFICE OrCtt` , `i iil't)MC)ND pO t+C�x 126 RFMAUND. OR 97766-0100 i SECTION 3: Record: The City Recorder shall submit to the Secretary of State of the State of Oregon: 1) A copy of this ordinance, 2) A copy of the statement of consent of contiguous landowners, and 3) A copy of Resolution No. 98-68, dispensing with an election in the City on the question of annexation. - The City Recorder shall also send a description by metes and bounds or legal subdivisions, of the new boundaries of the City of Redmond to the Deschutes County Assessor and the Deschutes County Clerk within ten (PI) days of the effective date of the annexation. SEC'T'ION 4: Zoning/Fire District: The parcels described above shall maintain their current zoning. The property described above are also deemed withdrawn from the Rural Fire Protection District No. 1. SECTION 5: Emergency: The City Council finds that it is in the best interest of the City and the owners to annex these properties immediately upon passage of this ordinance, and therefore this ordinance shall be effective upon the date of passage. PASSED by the City Council and APPROVED by the Mayor this 9th day of February, 1999. Ed Fitch, Mayor ATTEST: Nancy BlanVenship/tUykecorder State of Oregon County of Deschutes This instrumgnt was acknowledged before me on by , Mayor. L:�6� d&2 Nancy bl n tens ity Recorder My commission expires Z- ZZ'7�?0 I'age 2 - Redmond Ordinance 1999-. OFflCIAI 6EAl NANCY L BLANKENdHIP OMMI88K)N NO.0614f8 � MY COMM18810N EXPIRFB FEd. Z2, 2000 / EXHIBIT "A" qq,8��-3 Land located in NE1/4 SE1/4 Sec. 19, T.15S.R13E. W.M. Deschutes County, more particularly described as follows: Beginning at the SE corner of The Summit Subdivision Phases One; thence North along the West R/W line of 37'h St. to it's intersection with the North R/W line of Timber Ave.; thence East along the North R/W line of said Timber Ave., to the SE corner of Lot 3, Blk. 7, Hillcrest Subdivision and the West line of Valleyview Subdivision; thence North along said West line of Valleyview Subdivision and it's extension to the North R/W line of Salmon Ave.; thence East along the North R/W line of said Salmon Ave., to the intersection of the Northerly extension of the West propertyline of Lot 1, Blk. 3; thence South to the South R/W of Salmon Ave.; thence West to the West R/W line of 39'h St.; thence South along the West R/W line of said 39'h St. and it's Northerly extension, to the North R/W line of Umatilla Ave.; thence East along the North R/W line of said Umatilla Ave., to the point of beginning. Except the following lots lying in Hillcrest Subdivision: Lot 3, Blk. 2; Lots 1, & 2, Blk 3; Lots 2, & 3, Blk. 6; and Lot 3, Blk. 7. Page; 3 - Redmond Ordinance No. 1999-0 (i:\rnginrcrlwpducs\runt\sumil- I .wpd E1/4 SE1/4 •kC.,„19 TA 15S.' R. 13t.'. W.M. DESCHUTES COUNTY I.. 100' go� 1/16 COR i 777777777 Lit) SEE YAP 15 1) t9AD 1N i �' / srrrrmssr, 1000 , ' , yea 105 - t K, ' 1 N R _ 404 300 2004`1 $00/- 51 ' / / 102 1 _ 33 L 4( PT 1 34 20 'DN8 107 31 403 406 - , Ff ) p % 10) 2 r / 4 Is PT,3 / � � / � 4rg { P '�7.y hrit � 1 401 101 ` 409 CREST COU ) 10, RTS � 2 / 2 4� �; 0.)I Ac tt, Av Is lot 29 `. Y 410 4Ip'�P"y �� 1 2 �O a 2e \ 41 / �1 / 14 9 • - / A. c 70 am, _ ' / o j 1 to . I06 , IF , n 14 to PI { ' 22 AVENUE 419/ 9112, `ta 1 1 116 / r 1 17 . •' .C/1/ 902 ) ; 901 \t\ \ )\f � 1101 2 3 _ItA 15 61� / ALREADY = a 01- a �.FJ 6 �� aly +4 z ANNEXED I pS� s_ s F� 9 61z/ R �• 1 w (`� 115 TIMBER AVENUE 6 t t f 6W .1 120 2 119 3 I16 �i ,605 t21 q . t /606 } a. es 0' 6/5 99 y r.n 112) 12A .r..l 126 !1 1111 63 1)) 62 \� 122 125 60 u. t ,807 2 • � • t 0 99� 74 75 - 76 ` 79 134 � 01 7 2 h �'� ' c 137 134 136 ,p 76 130 01 •i�. �i 609 e - �J) VALL.EYV.i EW 30 ... is ttilailta.rAt►N•74..,....... .... IY.. NUMBER OF PAGES: 5 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK -�s 99 - r?'t.0 -/ REDMOND ORDINANCE ORDINANCE NO. 1999-c.1 AN ORDINANCE DECLARING CERTAIN TERRITORY AS BEING ANNEXED TO AND INCORPORATED WITHIN THE CITY OF REDMOND, SETTING THE ZONE THEREFORE, AND WITHDRAWING SAID PROPERTY FROM THE RURAL FIRE PROTECTION DISTRICT NO. 1. (Tax Lot #15-13-1OB 101, Drug & Alcohol Rehabilitation Center, Negus Way) WHEREAS, an application has been submitted to the City of Redmond for the annexation of the property described below; and WHEREAS, the applicant is the sole owner of said property and the properties are now vacant or occupied by an applicant; WHEREAS, the City Charter does not expressly prohibit the City from dispensing with submitting the questions of annexation to the registered voters of the City; and WHEREAS, Resolution No. 98-69 was passed initiating the annexation and zoning of said territory, setting a public hearing for 7:00 p.m., January 12, 1999 at the Redmond City Council Chambers, 777 SW Deschutes, and directing that notice be given therefor, and since said hearing was held at such time and place and no one appeared to protest the annexation of said territory to the City; and WHEREAS, the City Council finds that this annexation complies with the Redmond Urban Area Comprehensive Plan; and WHEREAS, the City Council finds that this annexation is in the best interest of the City and of said territory; NOW, THEREFORE, THE CITY OF REDMOND ORDAINS AS FOLLOWS: SECTION 1 • Annexation Arm The following described territory is hereby proclaimed to be annexed to the City of Redmo:id, Oregon: NE 1/4, NW 1/4 of SIO, T1 5S, RI 3E, Willamette Meridian, Redmond, Deschutes County, Oregon. Parcel I, Redmond Minor Partition, No. RMP -97-04(D). Also including the northerly portion of the Negus Way right-of-way immediately adjacent to this parcel. SECI ION 2: Record: The City Recorder shall submit to the Secretary of State of the State of Oregon: 1) A copy of this ordinance, 2) A copy of the statement of consent of contiguous PLEASE RETU;t,, :U G CITY RECORDERS OFFICE CrrY OF REDMOND PO BOX 726 REDMOND, OR 97756-0100 q9 -19%2- landowners, and 3) A copy of Resolution No. 98-69, dispensing with an election in the City on the question of annexation. The City Recorder shall also send a description by metes and bounds or legal subdivisions, of the new boundaries of the City of Redmond to the Deschutes County Assessor and the Deschutes County Clerk within ten (10) days of the effective date of the annexation. SECTION 3: Zoning/Fire District: The parcels described above shall maintain their current zoning. The property described above are also deemed withdrawn from the Rural Fire Protection District No. 1. PASSED by the City Council and APPROVED by the Mayor this 12th day of January. 1999. Ed Fitch, Mayor ATTEST: Nancy BI sip, Ci corder State of Oregon County of Deschutes This instrument was acknowledged before me on by Mayor. Nancy Eat kens} ity Recorder OFFICIAL SEAL NANCY L BLANKENSHIP My commission expires COMMISSION No. 031418 MY COMMISSION EXPIRES FEB. 22. 20001 Page 2 - Redmond Ordinance -o January 13, 1999 ANNEXATION Tax Lot #15-13-1013 101 Negus Way Central Cascade Health Systems, LLC 1253 N Canal Blvd. Redmond, OR 97756 LJ n U 4 • JI: -bABLe,-, pUp m�S-r fie, e0o f�em r— lF4_01e � 4-tid — VOL: 1999 PAGE: 29703 RE-RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1999-29703 * Vol -Page Printed: 06/16/1999 16:00:46 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) • I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE ANI) TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: NUMBER OF PAGES: Jun. 16, 1999; 10:49 a.m. 7331 Consent to Annexation $65.00 12 MARY SUE PENHOLLOW • DESCHUTES COUNTY CLERK VOL: 1999 PAGE: 14186 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: 0 DOCUMENT TYPE: FEE PAID: NUMBER OF PAGES: Mar. 23, 1999; 8:16 a.m. 3675 Consent to Annexation $50.00 D MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK 01999-14186 *Vol -Page 03/23/1999 08:21:03 Re-recorded to correct legal description. 9 - REDMOND RESOLUTION RESOLUTION NO. 1999--/0 AN RESOLUTION DECLARING CERTAIN TERRITORY AS BEING ANNEXED TO AND INCORPORATED WITHIN THE CITY OF REDMOND, SETTING THE ZONE THEREFORE, AND WITHDRAWING SAID PROPERTY FROM THE RURAL FIRE PROTECTION DISTRICT NO. 1. WHEREAS, the real property described in Exhibit "A" attached hereto and incorporated by reference are "islands" surrounded by the City of Redmond as defined in ORS 222.750; and WHEREAS, the City Charter does not require the City to submit the questions of annexation to the registered voters of the City; and WHEREAS, the City Council finds that this annexation complies with the Redmond Urban Area Comprehensive Plan; WHEREAS, the City Council finds that this annexation is in the best interest of the City and of said territory; and • WHEREAS, the City Council has held a public hearing for the electors to appear and be heard on the question of this annexation. NOW, THEREFORE, THE CITY OF REDMOND RESOLVES AS FOLLOWS: SECTION 1: Annexation Area: The following described territory is hereby proclaimed to be annexed to the City of Redmond, Oregon: SEE EXHIBIT "A" SECTION 2: Record: The City Recorder shall submit to the Secretary of State of the State of Oregon a copy of this Resolution. The City Recorder shall also send a description by metes and bounds or legal subdivisions, of the new boundaries of the City of Redmond to the Deschutes County Assessor and the Deschutes County Clerk within ten (10) days of the effective date of the annexation. SECTION 3• Zonina/Fire District: The parcels described above shall maintain their current zoning. The property described above are also deemed withdrawn from the Rural Fire Protection District No. 1. PLEASE RETURN TO: CITY RECORDERS OFFICE CrrY OF REDMOND PO BOX 726 REDMOND, OR 97756-0100 ��i703.3 • Adopted by the City Council and Signed by the Mayor this 9th day of March, 1999. Ed Fitch, Mayor ATTEST: % Nancy Baa nship, ' Recorder State of Oregon County of Deschutes This 'n tru ent was acknowledged before me on 2n, 1l /z ` /' i y e - IL Mayor. A) Nandy 131�fik6ndW, City Recorder _ OFFICIAL SEAL ' My commission expires1 i lC�:t NANCY L BLANKENSHIP *COMMISSION NO. 051416 I MY COMMISSION EXPIRES FEB. 22,20001' 0 Page 2 - REDMOND RESOLUTION NO. 1999 -/b 99 0�97D3-I/ • EXHIBIT "A" DESCRIPTION SHEET revised 06-14-99 rit. Land located in NEIA Sec. 29, T.15S. R.13E. W.M. Deschutes County, more particularly described as follows: The following lots lying in SUNSHINE ADDITION; Lot 1 & 2, Blk. 2; Lot 10 & West '/s Lot 9 Blk 1; including SW 26" St. R/W. And a triangle parcel of land located adjacent to North line of Lot 1 Blk. 2, SUNSHINE ADDITION, bound on NE by the County Road known as Yew Ave's, South right-of-way and bound on NW by Old Dallas -California Highway (Canal Blvd's) South right-of-way. CJ 0 G:\engineer\wpdocs\ront\ANNEX\29ASUNSH.wpd New > • 1-1 99 -I qrtt(,-3 990t03.5 DESCRIPTION SHEET Land loc\in/4 Sec. 29, T.15S. R.13E. W.M. Deschutes County, more particulad as follows: Thefolloing in SUNSHINEADDITION; Lot 1 & 2, Blk. 2; Lot 10 &West Y2Lot 9 Blkg SW 26th St. R/W. And a triangle parcel of�d located North of Lot 1 Blk. 2, Sunshine Addition, SW of Yew Ave. and SE of Canal Blvd. G:\engineer\wpdocs\ront\ANNEX\29ASUNSH.wpd Page 3 - Redmond Resolution No. 1999-10 L1 EXHIBIT "A" DESCRIPTION SHEET Land located in NE'/4 NW'/4 Sec. 29, T. 15S. R.13E. W.M. Deschutes County, more particularly described as follows: The East 985.78 feet of NE'/4 NW '/4 SEC. 29. Excepting Wickiup Ave., 27" St. and land lying South of centerline of Canal Blvd. G:\engineer\wpdocs\rout\ANNEX\29B 10-5.wpd Page 4 - Redmond Resolution No. 1999-10 X C7 99- aa / 7 " � r1ld, I . -7 EXHIBIT "A" DESCRIPTION SHEET Land located in NE1/4 SE1/4 Sec. 19, T.15S.R13E. W.M. Deschutes County, more particularly described as follows: The following lots lying in Hillcrest Subdivision:Lot 3, Blk. 2; Lots 1, & 2, Blk 3; Lots 2, Blk. 6; and Lot 3, Blk. 7. G:\engineer\wpdocs\ront\ANNEX\sumit-2.wpd Page 5 - Redmond Resolution No. 1999-10 3 ka EXHIBIT "A" �� q��3 •� DESCRIPTION SHEET A parcel of land located in the Northeast Quarter Northwest Quarter (NE/4N W'/4) of Section Twenty (20), Township 15 South, Range 13, East of the Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: Beginning at Northwest Section Corner of said Section 20, said point being the intersection of the centerline of Obsidian Ave. and the center line of 35`h Str., thence East along North section line of said Sec. 20, 660.52 feet, to the true point of beginning (T. P.O.B.); thence continuing East -660.48 feet; thence South -658.2 feet along East property line, to Southcast property corner of parcel; thence West- 661.79 feet along South property line to Southwest property corner; thence North -660.86 feet to T. P.O.B. G:\engineer\wpdocs\ront\annex\20BTL20 Lwpd Page 6 - Redmond Resolution No. 1999-10 T EXHIBIT "A" DESCRIPTION SHEET The South '/z of Highland Ave. R/W located along and South of the East/West Center section line in the Northwest Quarter Southeast Quarter of the (NW'/4 SW'/,) of Section Seventeen (17), Township 15 South, Range 13, East of the Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: Beginning at Center of Section 17, being the point of intersection of 271 Str. and Highland Ave., the true point of beginning (T. P.O.B.); thence East along Center section line to a point 30 feet West of the East Sixteenth corner of Section 17.; thence South to the Southwest corner of intersection of 23" St. and Highland Ave.; thence West along the South R/W of Highland Ave. which is the North property line of Stonehedge West Phase 1, to the NW corner of Stonehedge West Phase 3 and the East R/W of 27" Str.; thence continuing West -40 feet, to a point intersection of SW 27t1 Str., which is on the North/South Center of Section Line 17; thence North along Center of Section Line to T. P.O.B. • • G:\engineer\wpdocs\ront\annex\17DBHigh.wpd Page 7 - Redmond Resolution No. 1999-10 • g9d<i9>3-lU EXHIBIT "A" DESCRIPTION SHEET Revised 6/14/99 rjt A parcel of land containing 10.113 Acres, more or less, located in a portion of the Northeast One -Quarter of the Southeast One Quarter of Section 17, Township 15 South, Range 13 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at a point on the easterly right -a -way line of Southwest 23rd Street which bears South 02°49'38" East a distance of 687.11 feet from a'/z" Iron rod with no cap marking the Center -east One -Sixteenth Corner of said Section 17 and which bears North 02 °22"47' East a distance of 635.83 feet from a %" Iron rod with no cap marking the Southeast One -Sixteenth corner of said Section 17; thence along said easterly right -a -way lone North 00° 19'29" West a distance of 661.57 feet to the intersection of said easterly right -a -way line and the southerly right -a -way line of Highway 126 (Highland Ave.); thence along said southerly right -a -way line the following three courses: North 89°24'58" East a distance of 525.77 feet; South 89°31'52" East a distance of 376.27 feet; South 85°31'09" East a distance of 19.44 feet; thence leaving said southerly right-of-way line South a distance of 160.05 feet; thence West a distance of 142.42 feet; thence south 38"13'15" West a distance of 378.15 feet to a point on top of the westerly rim above the Dry Canyon; thence along said westerly rim top the following three course: South 52°38'12" West a distance of 43.10 feet; South 30°54'36" West a distance of 107.53 feet; South 18055'39" West a distance of 85.83 feet; thence leaving said westerly rim top South 89'14'45 " West a distance of 423.96 feet to the "Point Of Beginning", the terminus of this description. • G:\engineer\wpdocs\ront\annex\17TL1700.wpd lYcu) 4 • • • DESCRIPTION SHEET Highland Ave. X1W located along and South of East/West Center section line in the Northwest % uarter of the (NW'/4 SW'/,) of Section Seventeen (17), Township 15 South, Willamette Meridian, Deschutes County, Oregon, more particularly Quarter Southeas Q Range 13, East of t described as follows: Beginning at East Sixteen Corner on Center Section line of Section 17 which is the intersection of Highland Ave. and 23`d S .and True Point of Beginning(T.O.P.B.); thence East 951.48 feet to a property line extended from t a South, intersecting the Center Section line; thence South 190.05 feet along said property 1 e; thence West -142.42 feet along property line; thence along top of Canyon Rim SW -378.15 fee • thence continuing along top of Canyon Rim SW -43.10 feet; thence continuing along Top of Cany n Rim SW -107.53 feet; thence continuing along top of Canyon Rim SW -85.83 feet to South p erty line of parcel; thence West -423.96 feet along South property line to intersection with t R/W of 23`d Str.; thence North -691.51 feet along East R/W of 23`d Str. to intersection of Cen Section line of Section 17; thence West along Center of Section Line 30 feet to True Point o Beginning. G:\engineer\wpdocs\ront\annex\I 7TL 1700.wpd Page 8 — Redmond Resolution No. 1999-10 • 0 • 0 EXHIBIT "A" DESCRIPTION SHEET Aaa'vj)Y'1 All land located in the Southeast Quarter Northwest Quarter of the (SE'/4 NW'/4) of Section Four (4), Township 15 South, Range 13, East of the Willamette Meridian, Deschutes County, Oregon, Excepting the S'/2 SI:'/4 SE'/4 NW'/4 SEC. 4 (QUINCE PARK) G:\engineer\wpdocs\ront\annex\4 BD.wpd Page 9 — Redmond Resolution No. 1999-10 REDMOND ORDINANCE ORDINANCE NO. AN ORDINANCE ESTABLISHING ASSESSMENTS FOR LOCAL IMPROVEMENT DISTRICT " Project name " and number if assigned; AUTHORIZING THE CITY FINANCE DIRECTOR TO ENTER SAID ASSESSMENTS IN THE LIEN DOCKET AND REQUIRING BANCROFT BOND APPLICATIONS TO BE FILED BY date, AND DECLARING AN EMERGENCY. WHEREAS, the City of Redmond, by and through the City Council, duly formed Local Improvement District " project name" and number if assigned, for the purpose of financing infrastructure improvements; and WHEREAS, the City duly entered into construction contracts for the purpose of said improvements; and WHEREAS, the City Public Works and Finance Departments have apportioned the cost upon the lots or parcels of land benefited thereby in the respective Local Improvement Districts and have filed a report with the City Recorder; and WHEREAS, the City set a hearing for objection to the proposed assessments for date at 7:00 p.m. and notice of the assessments and hearing were mailed to the property owners with the notation that objections were to be filed with the City Recorder before 5:00 p.m. on date; and WHEREAS, the City Council, after considering any objections raised has determined the amount of benefit accruing to each lot or parcel of land by reason of said improvements; NOW, THEREFORE, the City of Redmond ordains as follows: SECTION ONE: The costs of the improvements for the " project name " and number if assigned Local Improvement District to be paid by the lots or parcels of land by assessment is $ amount.xx which is, by this ordinance, assessed against the parcels of property in the amounts set forth in Exhibit "A". SECTION TWO: The City Finance Director shall enter the assessments shown above in the docket of City liens and the assessments shall constitute a lien against properties shown above as of the date of adoption of this ordinance. SECTION THREE: The City Recorder shall cause to be mailed a Notice of Assessment to each person shown above. The Notice of Assessment shall be in the form shown on Exhibit "B", attached hereto and by this reference incorporated herein and shall allow owners of assessed property to pay the assessment in cash or to file an application under the Bancroft Bonding Act as shown on Exhibit "B". Such application under the Bancroft Bonding Act must be received by the City no later than 5:00 p.m. DATE. SECTION FOUR: It is essential to proceed immediately with levying of assessments to defray the cost of this project and it is in the best interest of the citizens of the City to make this ordinance effective immediately; now, therefore, an emergency is declared to exist and this ordinance shall take effect upon its adoption. • r� ADOPTED by the City Council and APPROVED by the Mayor this day of DATE. Ed Fich, Mayor ATTEST: Nancy Blankenship, City Recorder State of Oregon County of Deschutes This instrument was acknowledged before me on , Mayor. Nancy Blankenship, City Recorder My commission expires ASAUTORD.ORD - Page 2 - Ord # by EXHIBIT A Page _of Page_ The below parcel is located in the SW'/< NE % Sec.20 T1 5S. R.13E W.M., Redmond, Deschutes County, Oregon and recorded in the referenced volume and page (legal description). Property Owner Frontage Water & Sewer Water Sewer Total l egal Descri tin on & Main Cost Service Service fax Lot Number 1. Ronald and 74.22 L.F. x 5,610.66 601.50 260.00 $6,472.16 Christine Totorica $75.595 Vol. 320, Pg 1276, Parcel 1 15-13-20AC, TL 4600 ASAUTORD.ORD - Page 3 - Ord # A CITY OF REDMOND, OREGON NOTICE OF INTENT TO ASSESS (J�J A NOTICE OF INTENT TO ASSESS RELATING TO THE "PROJECT NAME" LOCAL IMPROVEMENT DISTRICT AUTHORIZED BY THE REDMOND CITY COUNCIL ON "DATE". WHEREAS, on "date", the Redmond City Council passed Resolution No. , declaring an intent to construct certain improvements by establishing a local improvement district known as the "project name"; and WHEREAS, the City Engineer estimated the cost of the improvement in accordance with ORS 223.389; and WHEREAS, a notice pursuant to ORS 223.389-223.391 was mailed to each benefitted property owner; and WHEREAS, a public hearing on the proposed improvements was held on at the Redmond Senior Center, 325 NW Dogwood, for the purpose of hearing remonstrances to said improvement; and WHEREAS, on "date", the Redmond City Council established, by Resolution No. , the creation of "name of project" Local Improvement District and is to proceed to construction and completion. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT THE CITY OF REDMOND WILL BE CONSTRUCTING IMPROVEMENTS AS DESCRIBED IN RESOLUTION NO. , AND THE COST OF THESE IMPROVEMENTS WILL BE ASSESSED AS LIENS AGAINST THE FOLLOWING DESCRIBED PROPERTIES: SEE EXHIBIT "A" ATTACHED HERETO, IN THE APPROXIMATE AMOUNTS ESTIMATED BY THE CITY ENGINEER. THE TRUE AMOUNT WILL BE LEVIED AFTER THE IMPROVEMENTS ARE CONSTRUCTED AND THE ANTICIPATED DATE FOR COMPLETION OF THE IMPROVEMENTS IS The County Clerk shall endorse upon the order the date of filing thereof. The County Clerk shall record and index the amount of the estimated cost set forth in EXHIBIT "A", attached hereto and by this reference incorporated herein, in the lien docket in the Office of the County Clerk, as the pre -assessment lien upon the real property. DATED this day of , 199_ JERRY C. THACKERY, Mayor ATTEST: 0 NANCY BLANKENSHIP, City Recorder EXHIBIT "A" The estimated assessment for those benefitted properties are described below: Legal Description &Tax Lot Owner Area Estimated Assessment TOTAL PAGE 2 - NOTICE OF INTENT TO ASSESS RECORDING COVER SHEET • THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING (ORS 205.234). ANY ERRORS IN THIS COVER SHEET DO NOT AFFECT THE TRANSACTIONS CONTAINED WITHIN THE DOCUMENT. County Filing Index - Recording Authority - Redmond Code Section 1.500 Requires Recording of a documents with the Deschutes County Clerk (Ordinance Number2001-13) A. Title of Document: Site Improvement Agreement Property located at: T15S, RUE, Section 21, the North half of the Southwest Quarter of the Northwest Quarter (N1/2, SW1/4, NW1/4) lying West of 16th Street; excepting therefrom all of Block Two (2) of Arnett Addition No. 1, also excepting those portions lying within 19th Street and Reindeer Avenue and also excepting those portions deeded to the City of Redmond by deed of dedication recorded April 17, 1998 in Book 489, Page 1406. B. Names of First Parties: One Property Owners, as listed: Mike Deines Names of Second Parties: City of Redmond, Oregon C. Name and address of person authorized to receive the instrument after recording: • City Recorder's Office PO Box 726 Redmond OR 97756-0100 MARYWE NSPENHOLLOWRECORDS COUNTY OFFICIAL , COUNTY CLERK 2M1-5193 IIIW1111 1111111111111 $41,00 1 1 3 10/22/200109:52:03 AM • D -MR Cntai Stnei PAM G:MDOCUMENT�RECORDS\FORMS1RadpCvr.vrpd 115.00 811.00 =10.00 $5.00 • SITE IMPROVEMENT AGREEMENT THIS AGREEMENT, is for Site Plan Improvements for SP 01-29 and CU 01-10 is by and between The City of Redmond, a Municipal Corporation of the State of Oregon, hereinafter referred to as "City" and Mike Delnes, hereinafter referred to as OWNER/DEVELOPER. WITNESSETH: WHEREAS, the OWNER/DEVELOPER is the owner of certain real property described generally as T1 5S, R1 3E, Section 21, the North half of the Southwest Quarter of the Northwst Quarter (N1/2, SW1/4, NW1/4) lying West of 16`h Street; excepting therefrom all of Block Two (2) of Arnett Addition No. 1, also excepting those portions lying within 19`h Street and Reindeer Avenue and also excepting those portions deeded to the City of Redmond by deed of dedication recorded April 17, 1998 in Book 489, Page 1406. This parcel is subject to the conditions of City of Redmond file number SP 01-29 & CU 01-10; and WHEREAS, the CITY is willing to grant approval of the Site Plan, SP 01-29/CU 01-10 upon condition that the OWNER/DEVELOPER undertake and maintain certain improvements and satisfy certain requirements as specified herein. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual covenants and agreements herein contained as a condition agreement precedent to the granting of final approval for said Site Plan by the CITY, OWNER/DEVELOPER hereby agree as follows: • Section One: IMPROVEMENTS. Except as otherwise agreed to by the parties, within one year from the date of this agreement (September 28, 2002), the OWNER/DEVELOPER agrees that OWNER/ DEVELOPER shall complete all the requirements of the Site Plan. These improvements include, but are not limited to, improving SW Canyon Drive and SW Quartz Avenue to a 3/4 urban street standard, fencing on the south and east property line, landscaping, paving of parking lot(s) and access roads and installing the utilities. An emergency access only with a gate or approved vehicle barrier is allowed onto SW Quartz Avenue. Section Two: VIOLATION. It is understood by and between the parties that if the OWNER/ DEVELOPER fails to abide by the conditions of this agreement, OWNER/ DEVELOPER may be liable for a civil infraction. In addition to the civil infraction procedure, the City may enforce this agreement by using the process set forth in Section Three below. Section Three: ENFORCEMENT OF THIS AGREEMENT. If the DEVELOPER/ OWNER fails to keep and execute the terms of this agreement, the CITY may, after 30 days of written notification, perform the terms and conditions including but not limited to, the construction, maintenance, and upkeep of the improvements described in the Site Plan, and may charge the same as a valid and enforceable lien upon the property described above. In enforcing the agreement, the City Manager or designee shall notify the landowner and at such time may make a determination of the probable cost of the maintenance. The City Manager or designee shall give the OWNER/ DEVELOPER a period of 30 (thirty) days in which to complete said program. If the DEVELOPER/OWNER does not perform within such time limit, then the CITY may let the program out for bid to the lowest responsible bidder. All costs incurred by the CITY in enforcing performance thereof shall be charged as a lien against the property described herein, and shall be collectable as other CITY liens. 0 • Section Four: It is agreed by the parties that performance by DEVELOPER/ OWNER is a benefit to the public and that the CITY may bring an action at law or a suit in equity to obtain readiness including specific performance, injunctive relief or any other available equitable remedy. In the event a suit or action is brought to enforce the terms of this agreement, the prevailing party shall be entitled to a reasonable attorney fee at trial or on appeal. 0 9 Section Five: This agreement shall be binding upon the heirs, executors, administrators and assigns of both parties, and is a condition and covenant running with the land and binding upon the above described real property. THIS AGREEMENT has been executed this_J_day of rx.:r&8 r , 2001. OWNER/D VEL P Mike Deines, Developer SUBSCRIBED and SWORN to before me 2001. / 1AWSEAL WSLEYIC-OREGONN0. 325936 AUG. 5, 2003 of ARY Fid U/IC f OR OREGON EXPIRES D L4!CJ� CITY OF REDMOND: Community D elopment Director/Designee Date NOTARY PUB FOR OREGON MY COMMISSION EXPIRES Nancy Blankenship - Siteplan Page 1 0 SITE PLAN AGREEMENT FOR IMPROVEMENTS THIS AGREEMENT, made this day of , 1999, by and between Central Cascade Health Systems, LLC, hereinafter referred to as OWNER/DEVELOPER; and the CITY OF REDMOND, OREGON, hereinafter referred to as CITY. WITNESSETH: WHEREAS, the OWNER/DEVELOPER is the owner of certain real property, T15 R13 Section 10B, Tax Lot(s) 101 subject to the conditions of SP 99-28; and WHEREAS, the CITY is willing to grant approval of the Site Plan, SP 99-28 upon condition that the OWNER/DEVELOPER undertake and maintain certain improvements and satisfy certain requirements as specified herein. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual covenants and agreements herein contained as a condition agreement precedent to the granting of final approval for said Site Plan by the CITY, OWNER/DEVELOPER hereby agree as follows: Section One: IMPROVEMENTS. Except as otherwise agreed to by the parties, within • one year from the date of approval of the above mentioned Site Plan, or November 9, 2000, the OWNER/DEVELOPER agrees that once the OWNER/DEVELOPER commences the work under the Building Permit, OWNER/DEVELOPER shall complete all the requirements of the Site Plan. Section Two: VIOLATION. It is understood by and between the parties that if the OWNER/DEVELOPER fails to abide by the conditions of this agreement, OWNER/ DEVELOPER may be liable for a civil infraction. In addition to the civil infraction procedure, the City may enforce this agreement by using the process set forth in Section Three below. Section Three: ENFORCEMENT OF THIS AGREEMENT. If the DEVELOPER/ OWNER fails to keep and execute the terms of this agreement, the CITY may, after 30 days of written notification, perform the terms and conditions including but not limited to, the construction, maintenance, and upkeep of the improvements described in the Site Plan, and may charge the same as a valid and enforceable lien upon the property described above. In enforcing the agreement, the City Manager or designee shall notify the landowner and at such time may make a determination of the probable cost of the maintenance. The City Manager or designee shall give the OWNER/DEVELOPER a period of 30 (thirty) days in which to complete said program. If the DEVELOPER/OWNER does not perform within such time limit, then the CITY may let the program out for bid to the lowest responsible bidder. All costs incurred by the CITY . in enforcing performance thereof shall be charged as a lien against the property described above, and shall be collectable as other CITY liens. Nancy Blankenship - Siteplan Page 2 Section Four: It is agreed by the parties that performance by DEVELOPER/ OWNER is a benefit to the public and that the CITY may bring an action at law or a suit in equity to obtain readiness including specific performance, injunctive relief or any other available equitable remedy. In the event a suit or action is brought to enforce the terms of this agreement, the prevailing party shall be entitled to a reasonable attorney fee at trial or on appeal. Section Five: This agreement shall be binding upon the heirs, executors, administrators and assigns of both parties, and is a condition and covenant running with the land and binding upon the above described real property. THIS AGREEMENT has been executed this day of '1999. OWNER/DEVELOPER: Jerry Gardner, Director, Facility Services Central Cascade Health Systems, LLC SUBSCRIBED and SWORN to before me this day of ,1999. NOTARY PUBLIC FOR OREGON MY COMMISSION EXPIRES CITY OF REDMOND: Community Development Director/Designee Date Nancy Blankenship - Sidewalk.wpd Page 1 . SUBDIVISION SIDEWALK AGREEMENT THIS AGREEMENT is by and between THE CITY OF REDMOND, a Municipal corporation of the State of Oregon, hereinafter referred to as "CITY", and ****"*"********, the owners of ***""******* Subdivision, hereinafter referred to as "OWNER". WITNESSETH: WHEREAS, ************"* are the owner(s)/developer of ***************** a subdivision which is more particularly described on EXHIBIT "A" attached hereto; and WHEREAS, the owner/developer of *************** desires to sell lots in Phase ***** of the subdivision; and WHEREAS, the owner/developer has agreed to construct the improvements after the recordation of the final plat of Phase I in accordance with the terms and conditions of this Agreement; and WHEREAS, OWNER has agreed to guarantee to the CITY that the improvements required by the CITY during the subdivision review shall be constructed; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION ONE - FINAL PLAT/RELEASE OF PRIOR AGREEMENT CITY agrees to sign off on the final plat for Phase **** of ************* which is more particularly described in EXHIBIT "A" attached hereto and incorporated by reference. SECTION TWO - CONSTRUCTION OF IMPROVEMENTS OWNER agrees to construct the sidewalks in accordance with the CITY standards as required for Phase 1 of SECTION THREE - SCHEDULE OF WORK OWNER agrees to complete the sidewalks improvements on or before OWNER agrees to allow inspection of the improvements by CITY representatives at all reasonable times, and to keep the CITY informed on the progress of the improvements. It is understood and acknowledged by and between the parties that if there are adverse weather conditions not reasonably anticipatory, the scheduled completion date for the improvements may be extended. Such extensions shall be mutually agreed to by and between OWNER and the CITY. SECTION FOUR - COSTS OWNER hereby agrees that if the improvements described in EXHIBIT "B" are not completed by ********** as requested by the CITY that they shall pay to the City of Redmond upon demand sufficient sums to complete construction of the improvements. OWNER acknowledges and understands that the CITY may have a higher cost for completing the improvements because of the requirements of the Public Contracting Law which the CITY will be required to follow. SECTION FIVE - RELEASE 0 After acceptance of the improvements by THE CITY OF REDMOND, the CITY agrees to Nancy Blankenship - Sidewalk.wpd9 Pa a 2' • record a release of this Agreement with the Deschutes County Clerk. SECTION SIX - LOCAL IMPROVEMENT DISTRICT If the improvements required of either the contractor or OWNER are not completed, the CITY reserves the right to form a Local Improvement District to complete the improvements required under the subdivision plat and to lien all the affected properties in accordance with ORS Chapter 223 and relevant provisions of the Redmond City Code. OWNER agrees not to remonstrate against the formation of this District. SECTION SEVEN - BREACH If there is any breach of the terms or conditions of this Agreement, the CITY OF REDMOND reserves the right to seek any remedy allowed by law including injunctive relief against OWNER for the sale of any other lots. The CITY may also refuse to issue any occupancy permits until completion of the improvements. SECTION EIGHT - ATTORNEYS FEES In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attomey's fees at trial or on appeal of such suit or action, in addition to all other sums provided by law. SECTION NINE - SUCCESSOR INTERESTS This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. DATED this day of 199 OWNERIDEVELOPER: Name, title company SUBSCRIBED and SWORN to before me this day of 1999 THE CITY OF REDMOND 0 NOTARY PUBLIC FOR OREGON MY COMMISSION EXPIRES Nancy Blankenship - Sidewalk.wpd Page 3 • 0 By JOE HANNAN, City Manager Improvement security received by: RETURN TO: (please print name, city department) AFTER RECORDING CITY OF REDMOND PO BOX 726 REDMOND, OR 97756 Nancy Blankenship - Pgaurnte Page 1 • PERSONAL GUARANTEE IMPROVEMENT AGREEMENT THIS AGREEMENT is by and between THE CITY OF REDMOND, a Municipal corporation of the State of Oregon, hereinafter referred to as "CITY", and RUSSELL W. GROSSE DEVELOPMENT CO. INC., the owner of Whitehorse Phase 8, hereinafter referred to as "OWNER". WITNESSETH: WHEREAS, RUSSELL W. GROSSE DEVELOPMENT CO. INC., is the owner of Whitehorse, Phase 8, a subdivision located T15 R13 Section 19, Tax Lot 800, in Redmond, Oregon; and WHEREAS, the Owner desires to record the final plat of Phase 8 of the subdivision; and WHEREAS, the Owner has agreed to construct the improvements after the recordation of the final plat of Whitehorse Phase 8 in accordance with the terms and conditions of this Agreement; and WHEREAS, the Owner has agreed to guarantee to the City that the improvements required by the City during the subdivision review shall be constructed; and NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE PARTIES HERETO AGREE AS FOLLOWS: 40 SECTION ONE - FINAL PLAT City agrees to sign off on the final plat for Whitehorse Phase 8, which is more particularly described in EXHIBIT "A" attached hereto and incorporated by reference. SECTION TWO - CONSTRUCTION OF IMPROVEMENTS The public improvements to be constructed are more particularly described in EXHIBIT "B" which is attached hereto and incorporated by reference herein. A list of all the contractors who will construct or complete the improvements and repairs are as described in EXHIBIT "C" attached. SECTION THREE - SCHEDULE OF WORK Owner agrees to complete the improvements before any sales of lots will be permitted in ********** Phase 8. In any event, the improvements shall be completed on or before August 6, 2000. Owner agrees to allow inspection of the improvements by City representatives at all reasonable times, and to keep the City informed on the progress of the improvements. SECTION FOUR - COSTS Owner hereby agrees that if the improvements described in EXHIBIT "B" are not completed by August 6, 2000 and upon request of the City that it shall pay to the City of Redmond upon demand sufficient sums to complete construction of the improvements. The costs are estimated to be $105,660.00. Owner acknowledges and understands that the City may have a higher cost for completing the improvements because of the requirements of the Public Contracting Law which the City will be required to follow. • SECTION FIVE - RELEASE PAGE 1 - Agreement Nancy Blankenship - Pgaurnte Page 2 • After acceptance of the improvements by THE CITY OF REDMOND, the City agrees to record a release of this Agreement with the Deschutes County Clerk. SECTION SIX - LOCAL IMPROVEMENT DISTRICT If the improvements required of the Owner are not completed, the City reserves the right to form a Local Improvement District to complete the improvements required under the subdivision plat and to lien all the affected properties in accordance with ORS Chapter 223 and relevant provisions of the Redmond City Code. Owner agrees not to remonstrate against the formation of this District. SECTION SEVEN - BREACH If there is any breach of the terms or conditions of this Agreement, the CITY OF REDMOND reserves the right to seek any remedy allowed by law including injunctive relief against Owner for the sale of any other lots. The City may also refuse to issue any occupancy permits until completion of the improvements. SECTION EIGHT - ATTORNEYS FEES In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorney's fees at trial or on appeal of such suit or action, in addition to all other sums provided by law. DATED this day of , 1999. 0 OWNER/DEVELOPER: WILLIAM M. GROSSE, President PERSONAL GUARANTEE For good and valuable consideration, the undersigned guarantees the faithful performance of the above Agreement, waives presentment, and notice of default of said Agreement and further agrees as follows: 1. Guarantor guarantees prompt and satisfactory performance of the Agreement in accordance with all of its terms and conditions. If Owner defaults in its performance of its obligations under the Agreement according to its terms and conditions, Guarantor shall pay to Seller all payments, damages, costs and expenses that the City is entitled to receive or recover from Owner by reason of default. 2. This guarantee shall continue in force until all obligations of Owner have been satisfied, or until Owner's liability to the City has been completely discharged, whichever first occurs. Guarantor shall not be discharged from liability hereunder as long as any obligation herein by the Owner to the City remains outstanding. 3. Guarantor shall be jointly and severally liable for all obligations under this guarantee. This guarantee may be enforced against either Guarantor separately or against all Guarantors jointly. • 4. Notice of acceptance of this guarantee is expressly waived and notice of default in payment of any indebtedness guaranteed hereunder is expressly waived by the Guarantor. PAGE 2 - Agreement Nancy Blankenship - Pgaurnte Page 3 • RUSSELL W. GROSSE MARY E. GROSSE STATE OF OREGON) ) ss. County of Deschutes ) SUBSCRIBED and SWORN to before me this THE CITY OF REDMOND 0 Bv: • JOE HANNAN, City Manager Approved as to form: CARL DUTLI, City Attorney AFTER RECORDING RETURN TO: THE CITY OF REDMOND Recorders Office P. O. BOX 726 REDMOND, OR 97756 PAGE 3 - Agreement WILLIAM M. GROSSE LISA A. GROSSE day of Notary Public for Oregon My Commission Expires: 1999. Nancy Blankenship - Release.frm Page 1 RELEASE OF AGREEMENT THE CITY OF REDMOND, a Municipal corporation of the State of Oregon, acknowledges that all obligations for Central Cascade Corporation, Inc., under the Agreement Addendum dated September 30, 1993 in Book 315, page(s) 2066, of Deschutes County Official Records have been complied with and said agreement is hereby released and is no further effective. DATED this day of November, 1999. THE CITY OF REDMOND Joe Hannan, City Manager STATE OF OREGON ) ss County of Deschutes ) Personally appeared before me the above-named Joe Hannan, who is the City Manager of THE CITY OF REDMOND, a Municipal corporation of the State of Oregon, and acknowledged the foregoing instrument to be his voluntary act and deed on behalf of the CITY OF REDMOND. NOTARY PUBLIC FOR OREGON MY COMMISSION EXPIRES: AFTER RECORDING RETURN TO: City of Redmond Recorders Office P.O. Box 726 Redmond, OR 97756 Nancy Blankenship - Improvement.wpd LAND DIVISION IMPROVEMENT AGREEMENT �Q THIS AGREEMENT is by and between THE CITY OF REDMOND, a Municipal corporation of the State of Oregon, hereinafter referred to as "CITY", and ***********, the owner of **********, hereinafter referred to as "OWNER". WITNESSETH: WHEREAS, ****'*****, is the owner of ************, Phase ***, a subdivision located T15 R13 Section ****, Tax Lot *****, in Redmond, Oregon; and WHEREAS, the Owner of desires to record the final plat of Phase *** of the subdivision; and WHEREAS, the Owner has agreed to construct the improvements after the recordation of the final plat of *********** Phase *** in accordance with the terms and conditions of this Agreement and with the Agreement by and between the City and the owners dated this same date; and WHEREAS, the Owner has agreed to guarantee to the City that the improvements required by the City during the subdivision review shall be constructed; and NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION ONE - FINAL PLAT City agrees to sign off on the final plat for ********* Phase ***, which is more particularly described in EXHIBIT "A" attached hereto and incorporated by reference. SECTION TWO - CONSTRUCTION OF IMPROVEMENTS The public improvements to be constructed are more particularly described in EXHIBIT "B" which is attached hereto and incorporated by reference herein. A list of all the contractors who will construct or complete the improvements and repairs are as described in EXHIBIT "C" attached. SECTION THREE - SCHEDULE OF WORK Owner agrees to complete the improvements before any sales of lots will be permitted in ********** Phase ***. In any event, the improvements shall be completed on or before 199*, within one (1) year. Owner agrees to allow inspection of the improvements by City representatives at all reasonable times, and to keep the City informed on the progress of the improvements. SECTION FOUR - COSTS Owner hereby agrees that if the improvements described in EXHIBIT "B" are not completed by ********, 199* and requested by the City that it shall pay to the City of Redmond upon demand sufficient sums to complete construction of the improvements. The costs are estimated to be $************. Owner acknowledges and understands that the City may have a higher cost for completing the improvements because of the requirements of the Public Contracting Law which the City will be required to follow. • PAGE 1 - Agreement Nancy Blankenship - Improvement.wpd Page 2 • SECTION FIVE - RELEASE After acceptance of the improvements by THE CITY OF REDMOND, the City agrees to record a release of this Agreement with the Deschutes County Clerk. SECTION SIX - LOCAL IMPROVEMENT DISTRICT If the improvements required of either the contractor or Owner are not completed, the City reserves the right to form a Local Improvement District to complete the improvements required under the subdivision plat and to lien all the affected properties in accordance with ORS Chapter 223 and relevant provisions of the Redmond City Code. Owner agrees not to remonstrate against the formation of this District. SECTION SEVEN - BREACH If there is any breach of the terms or conditions of this Agreement, the CITY OF REDMOND reserves the right to seek any remedy allowed by law including injunctive relief against Owner for the sale of any other lots. The City may also refuse to issue any occupancy permits until completion of the improvements. SECTION EIGHT - ATTORNEYS FEES In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorney's fees at trial or on appeal of such suit or action, in addition to all other sums provided by law. DATED this day of OWNERIDEVELOPER: Name, Title Company STATE OF OREGON) ) ss. County of Deschutes ) 199*. Personally appeared before me this day of '199*, the above-named ********"**, and acknowledged the foregoing instrument to be his voluntary act and deed on behalf of the partnership. THE CITY OF REDMOND PAGE 2 - Agreement Notary Public for Oregon My Commission Expires: Nancy Blankenship - Improvement.wpd Page 3' • 0 Bv: JOE HANNAN, City Manager Improvement security received by: (please print name, city department) AFTER RECORDING RETURN TO: THE CITY OF REDMOND P. O. BOX 726 REDMOND, OR 97756 PAGE 3 - Agreement -0 RELEASE OF DEFERRED SYSTEM DEVELOPMENT CHARGES LIEN f HE CITY OF REDMOND hereby releases the Deferred System Development Charges Jen recorded on 7/2/99 1999-32737-1, of the Deschutes County Official Records, ender the name of RED MT INVESTMENTS, for the following described property: 15-13-03CD-00260 A parcel of land located in SE 1/4 SW 1/4 Sec. 3T. 15 S.R. 13 E. W.M., CITY OF REDMOND, DESCHUTES COUNTY, OR. More particularly described as follows: LOT 66, RED BAR ESTATES, PHASE 2. DATED December b�_ 1999 THE CITY OF REDMOND By J g -rt D N GOWER FINANCE DIRECTOR STATE OF OREGON ) )ss County of DESCHUTES ) Personally appeared before me this day of December 1999, the above-named DON GOWER, who is the FINANCE DIRECTOR of THE CITY OF REDMOND, and acknowledged the foregoing instrument to be his voluntary act and deed on behalf of THE CITY OF REDMOND. OFFICIAL SEAL 1 NOTA"PUBUC.00RREGON Notary Public for Oregon COMMISSION NO. 326438 000MMISSION EXPIRESJULY20 2003 Comminion expires: 07-20-2003 AFTER RECORDING RETURN TO: THE CITY OF REDMOND PO BOX 726 REDMOND, OR 97756-0100 SA=tng\sdc\sdcrle=.frm 0 • N OkVc � t3 ??- DEFERRED SYSTEM DEVELOPMENT CHARGES LIEN PURSUANT TO REDMOND CITY CODE SECTION 3.415(1), 3.51 5(l), AND 4.075(3), THE CITY OF REDMOND, OREGON, CLAIMS A LIEN AGAINST THE FOLLOWING REAL PROPERTY FOR SYSTEM DEVELOPMENT CHARGES THAT HAVE BEEN DEFERRED. CORRECTION OF LIEN FILED OCTOBER 22,1999; BOOK 1999, PAGE #51107-1. LEGAL DESCRIPTION AMENDED AS FOLLOWS: A. Name of Property Owner: HAYDEN ENTERPRISES B. Legal Description: SW 1/4, SW 1/4, SEC 17. T. 15. R. 13 E. W.M.. HAYDEN VIEW PHASE 2 LOT #154, CITY OF REDMOND, DESCHUTES COUNTY, OR C. Lien Amount: $3433.00 D. Due Date: The System Development Charges are payable in full at the earliest of: issuance of certificate of occupancy, transfer of property, or 24 months from date of application for a building permit (09 -21-1999). Don Gower, Finance Director State of Oregon County of Deschutes This instrument was acknowledged before me on \\— by`�\ f Redmond Finance Dir or. My commission expires After recording, please return to: JCity Recorder's Office PO Box 726 Redmond OR 97756-0100 gAscct i&dcllienform.wpd 6 ,.,w.t 1 9P-y95y3_� RELEASE OF ASSESSMENT THE CITY OF REDMOND hereby releases the assessment for the Local Improvement District entitled "1979 SEWER SYSTEM."The assessment ordinance was originally recorded April 16, 1999, in Book 1999, Page 18635, of the Deschutes County Official Records, under the name of John Malick Amount of Release: $261.94 Described as 15 13 04CA6100 a parcel of land located in NE'A SWIA SEC. 04 T. 15 S. R. 13 E. W.M., CITY OF REDMOND, DESCHUTES COUNTY, OR. More particularly described as follows: Lot 7, Blk.6, NORTH RIM 1 t% DATED this.�Wday of October, 1999. THE CITY OF REDMOND By DON GOWER, GOWER, Finance Director STATE OF OREGON ) ss County of DESCHUTES ) Personally appeared before me this Wday of October, 1999, the above-named DON GOWER, who is the Finance Director of THE CITY OF REDMOND, and acknowledged the foregoing instrument to be his voluntary a d deed on behalf of THE CITY OF REDW �=EA EAL PMASTER N• OREGON Notary Public for Oregon C0.32543aESJULY20,2003 Commission expires: -7—Q0�—���� AFTER RECORDING RETURN TO: THE CITY OF REDMOND PO BOX 726 REDMOND, OR 97756-0100 G:\ACCTNG\Li BN\Releaee.frm • e VOL: 2001 PAGE: 20600 RE-RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *2001-20600 1 Vol -Page Printed: 05/02/2001 08:45:20 V DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: May. 2, 2001; 8:43 a.m. 35105 Municipal Recordings $36.00 NUMBER OF PAGES: 2 (P� 0,., P,-� MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK s-Re-tecorded to correct tax lot number :too/ - ��i / 7 s ��, � 'hand property lot number. Originally � ,Page 1t 17979 vol. 200 Page L,OCALMPROVE IMPROVEMENT DISTRICT LIEN 64. ,t� ( . ` O� • PURSUANT TO ORDINANCE #96-31,ADOPTED BY THE REDMOND CITY COUNCIL ON .LUNE 23, 1998, ESTABLISHING ASSESSMENTS FOR THE "FIRST STREET 1995" LOCAL IMPROVEMENT DISTRICT, THE CITY OF REDMOND, OREGON, CLAIMS A LIEN AGAINST THE FOLLOWING REAL PROPERTY. A. Name of Property Owner: Airport Business Center Assoc. LLC B. Legal Description: 15-13-21 DO-OQ,3 2 located in SE 1/4 Sec. 21 T1 5S. R. 13E W.M., Redmond, Deschutes County, Oregon. More particularly described as: Airport Business Center, lot #012-9 C. _ Original Lien Amount: -$6.831-61 _.D. Current Lien Balance: $6.831.61 _ E. Interest: eight (8) percent per annum Nancy McClaiA, Finance Director 0 State of Oregon County of Deschutes This instrument was acknowledged before me on h /7.QOOiby of Redmond Finance Dire tor. - My commission expires -1 -a0-o��3 After recording, please return to: City Recorder's Office PO Box 726 Redmond OR 97756-0100 OFFICIAL SEAL PATRICIA I LEYMASTER NOTARY PUBLIC- OREGON COMMISSION NO.325438 ,,YC MMISSIONEXPIRESJULY20"'M • G:1SpcAsmtlLien.wpd 0 --------------------------------- • i w l( -C2 -o( -P 00-cz VOL: 2001 PAGE: 17964 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *2001-17964 * Vol -Page Printed: 04/1&'2001 11:01:18 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Apr. 18, 2001; 11: 01 a.m. 34528 Municipal Recordings $16.00 NUMBER OF PAGES: 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK • LOCAL IMPROVEMENT DISTRICT LIEN r PURSUANT TO ORDINANCE #88-04, ADOPTED BY THE REDMOND CITY COUNCIL ON FEBRUARY 911988, ESTABLISHING ASSESSMENTS FOR THE "PR88-01 NORTH CANYON" LOCAL IMPROVEMENT DISTRICT, THE CITY OF REDMOND, OREGON, CLAIMS A LIEN AGAINST THE FOLLOWING REAL PROPERTY. A. Name of Property Owner: Elliott Cue Warren B. Legal Description: 1513 04 CA 4300 A parcel of land located in NE'/4 SW'/4 SEC. 04 T. 15 S. R. 13 E. W.M., CITY OF REDMOND, DESCHUTES COUNTY, OR. More particularly described as follows: Lot 7, Blk.4, NORTH RIM C. Original Lien Amount: $4291.61 D. Current Lien Balance: $1895.32 E. Interest: Eight.five (8.5) percent per annum Don Gower, Finance Director State of Oregon County of Deschutes instrument was a wledged before me on April 5, After recording, please return to: City Recorder's Office PO Box 726 Redmond OR 97756-0100 G:\engineer\wpdocs\ront\assesslg\04CA4300.wpd 1999 by Don Gower, City of Redmond Finance Director. My commission expires Z- ZZ _ ZA�Xb OFFICIAL gllL 1 MKEIVS MI SION NO N51416 P MY COMMI8s1oN EXPIREg FE1FEB-2. ?2, Zppp{t DESC COUNTY ICIAL MARYHSUESPENNOLLOWFFCOUNTYRCLERKS 1001.44499 111111111111111111111111111111111111111111111[1 $16.00 00180382001004445!0010015 09/10/200101:21:27 PM CL -CLS Cntul Stnal TIFFANY $8.00 $11.00 SATISFACTION OF CITY LOCAL IMPROVEMENT ASSESSMENT THE CITY OF REDMOND hereby releases the assessment(s) for the Local Improvement District entitled "SW 21St PP' Local Improvement District. The "Claim of Assessment Lien" was originally recorded August 23, 2001, in Book 2001, Page 41480, of the Deschutes County Official Records, under the name of Concourse 97. Amount of Release: $3,313.01 Described as follows: 15-13-29A-00400, a parcel of land described as Parcel C of partition plat #2001-36 filed June 29,2001, being a portion of the NE 1/4 of Sec 29, T 15 S, R 13 E of W.M., City of Redmond, County of Deschutes, Oregon. �l DATED this Day of September, 2001. THE CITY OF REDMOND By ` ` f Nancy Mc ain, Finance Director STATE OF OREGON ) ) ss County of DESCHUTES ) Personally appeared before me this (0 day of September, 2001, the above-named NANCY MCCLAIN, who is the Finance Director of THE CITY OF REDMOND, and acknowledged the foregoing instrument to be her voluntary act and deed on behalf of THE CITY OF REDMOND. Q�6 OFFIICIALSEAL PATRICIAI SEAL Notary Public for Oregon NOTARY PUBLIC- OREGON n COMMISSIONN0.326438 MMYCOMWISSIONEXPIRESJULY20,2003 Commission expires: AFTER RECORDING RETURN TO: J CITY X 726E REDMOND PO BOX REDMOND, OR 97756-0100 { a- ' fie ,,.. S_ G:\SpcAsmt\RELEASE.wpd VOL: 2000 PAGE: 28919 0 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *2000-28919 * Vol -Page Printed: 07/21/2000 12:10:22 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Jul. 21, 2000; 9:00 a.m. 23635 Municipal Recordings $16.00 NUMBER OF PAGES: 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK p�uvU _aVy/ �-/ County Filing Index - Clerks Liens CITY OF REDMOND LOCAL IMPROVEMENT DISTRICT ASSESSMENT • CLAIM OF ASSESSMENT LIEN Pursuant to City of Redmond Section 3.079 which requires' recording of a Local Improvement District Assessment (Ordinance Numbers 535 and 96-20) and City of Redmond Ordinance Number 2000-16, dated July 11, 2000, City of Redmond claims an assessment lien against the following described real property in the amount set forth herein for an assessment for local improvements made as part of the SW 21 st Place Local Improvement District (LID): Name of Property Owner(s): CONCOURSE 97 600 SOUTH LAKE AVE, STE 411 PASADENA CA 91106 Legal Description: Parcel 3 of Partition Plat # 1994-38 filed October 18, 1994, being a portion of the NE 1/4 of Section 29, T1 5S, R1 3E of W.M. City of Redmond, Deschutes County, Oregon (Tax Lot 400) Lien Amount: $16,994.25 Terms: Payment to be made on or before July 31, 2000, unless Property Owner makes application with City of Redmond to pay LID assessment in Installment payments over a 20 -year period. Terms of Installment payments are as set forth in the installment payment application. City of Red and By: Nancy McCla' , Finance Director State of Oregon County of Deschutes I certify that I know or have satisfactory evidence that Nancy McClain is the person who appeared before me and said person acknowledged that she signed this instrument, on oath state that he has authorized to execute the instrument and acknowledged it as the Finance Director of the City of Redmond to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated the 18thDay f July, 2000. C-,A,6 Notary Pdblic for djeg& My Commission expires: 2-22-2004 Name and address of person authorized to receive the instrument after recording: City Recorder's Office PO Box 726 Redmond OR 97756-0100 G:\DOCUMENT\LID\21PIace\LienFrini.wpd r.� RECORDING COVER SHEET THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING (ORS 205.234). ANY ERRORS IN THIS COVER SHEET DO NOT AFFECT THE TRANSACTIONS CONTAINED WITHIN THE DOCUMENT. i County Filing Index - Recording Authority - Redmond Code Section 1.500 Requires Recording of a documents with the Deschutes County Clerk (Ordinance Number2001-13) U A. Title of Document: Agreement to Participate in the Formation of a 1-9cal Improvement District Property located at: 15-13-20AB-600 B. Names of First Parties: One Property Owners, as listed: Carolyne L. Markley Names of Second Parties: City of Redmond, Oregon C. Name and address of person authorized to receive the instrument after recording: City Recorder's Office PO Box 726 Redmond OR 97756-0100 DESCHUTES COUNTY OFFICIAL COUNTYCLERK�00j'Jj��j [III11111U I11111JI111M 1IIIIIIIIIII $36,00 i G:\DOCUMEN'RRECORDS\FORMS\RcrdpCvr.wpd D -MR Cntal 5tnol PAM !0/ZZ/ZOOI 09;52;03 AM •10.00 $11.00 $10,00 $5.00 i r 10 ra+. Agreement to Participate in the Formation of a Local Improvement District is between Jthp City of Redmond, Oregon (CITY) and (OWNER). WHEREAS, the OWNER desires approval of a Minor Partition. RMP00-18 for the following described real property: The South one-third of Lot 2 and the North one-third of Lot 3, Block 6, Ranch Way Acres P Addition Subdivision, located in the NW% of the NE'/t of Section 20, T.1 SS., R. 13E., W.M., City of Redmond, Deschutes County, Oregon. 15-13-20AB, Tax Lot 600 WHEREAS, public improvements are or will be needed as this area develops; and WHEREAS, the CITY will issue said permit now before the improvements are constructed on the condition owner agrees to the formation of a local improvement district for said improvements; NOW, THEREFORE, the parties agree as follows: Section One: OWNER agrees to participate in the formation of a local improvement district for the following improvements: SW 24`' St. - Improvements conforming to City local street standards with curbs and sidewalks adjacent to subject property. OWNER also agrees not to remonstrate against such improvements, but does not waive the right to object to the amount or manner of allocating assessments made pursuant to the formation of said local improvement district(s). Section Two: It is the intent of the parties hereto that this agreement shall be a covenant and shall run with the land herein described and shall be binding upon the heirs, executors, assigns and successors of the parties hereto. State of Oregon ) County of Deschutes) ss. Subscribed and sworn to before me this _ day of _,\,,kr , 20� . c� �4otary Public for Ore on Title %, My Commission Expires _�A._ OFFICIAL SEAL IORETTA J KPJ NOTARYPUBUC-.3 2000Ji NY COYAlISS10N EXPIRES APRIL 30 A2004 Approved by: �nuel� 7/16o' City o Re and P blic VArks Department Date: O RMPWIB. lid2.w,d • to f�ol .0e Or. tv Easement P _o t I P �(1 (Agreement to Participate in the Formation of a Local Improvement District) 11A THIS EASEMENT is between the City of Redmond, Oregon (CITY) and (OWNER). WHEREAS, the OWNER desires approval of a for the following described real property: WHEREAS, public improvements are or will be needed as this area develops; and WHEREAS, the CITY will issue said permit now before the improvements are constructed on the condition owner agrees to the formation of a local improvement district for said improvements; NOW, THEREFORE, the parties agree as follows: Section One: OWNER agrees to participate in the formation of a local improvement district for the following improvements: OWNER also agrees not to remonstrate against such improvements, but does not waive the right to object to the amount or manner of allocating assessments made pursuant to the formation of said local improvement district(s). Section Two: It is the intent of the parties hereto that this agreement shall be a covenant and shall run with the land herein described and shall be binding upon the heirs, executors, assigns and successors of the parties hereto. State of Oregon ) County of Deschutes ) ss. Owner Subscribed and sworn to before me this day of ,Approved by: 19 Notary Public for Oregon Title My Commission Expires [oA1idagree.frm] City of Redmond Public Works Department Date: I? I ? AGREEMENT TO PARTICIPATE IN THE FORMATION OF A O Q LOCAL IMPROVEMENT DISTRICT 1 THIS AGREEMENT is between the City of Redmond, Oregon (CITY) and 00 U f) -57-RAW (OWNER). WHEREAS, the OWNER desires approval of Desert Valley East Subdivision Phase 1. SUB99-05 for the following described real property: Lot 4, Desert Valley Subdivision, located in a portion of the SW'/. of the NW'/. of Section 21, T.15S., R.13E., Willamette Meridian, Deschutes County, City of Redmond, Oregon. Tax Map 15-13-2113C, TL 2204 WHEREAS, public improvements are or will be needed as this area develops; and WHEREAS, the CITY will issue said permit now before the improvements are constructed on the condition owner agrees to the formation of a local improvement district for said improvements; Now THEREFORE, the parties agree as follows: Section One: OWNER agrees to participate in the formation of a local improvement district for the following improvements: SW Reindeer Ave. - Improvements conforming to City local street standards with curbs & sidewalks for that portion of the south side adjacent to subject property. OWNER also agrees not to remonstrate against such improvements, but does not waive the right to object to the amount or manner of allocating assessments made pursuant to the formation of said local improvement district(s). Section Two: It is the intent of the parties hereto that this agreement shall be a covenant and shall run with the land herein described and shall be binding upon the heirs, executors, assigns and successors of the parties hereto. State Of Oregon ) z�lCf� I--*-,- -- -`-- County Of Deschutes ) SS V Subscribed and sworn to before me this day of z O&ue nhe-' j992 Notary Publi For Oregon Title b'- r w".( e•^ My Commission Expires OFFICIAL SEAL CHERYL J SCOTT NOTARY PUBLIC - OREGON COMMISSION NO. 063023 Fy COMMISSION EXPIRES JUNE R. 2001 Owner Approved by: City o R and Public Worles Department Date: r VOL: 1999 PAGE: 55953 0 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES 1999-55953 * Vol -Page Printed: 11/22/1999 13:39:45 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: Nov. 22, 1999; 11:26 a.m. RECEIPT NO: 14096 DOCUMENT TYPE: Agreement z FEE PAID: $15.00 NUMBER OF PAGES: 2 • MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK • THIS AGREEMENT is AGREEMENT TO PARTICIPATE IN THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT the City of Redmond, Oregon (CITY) and qq-SS�r S3-� WHEREAS, the OWNER desires approval of Wildflower Subdivision. SUB99-01 for the,following described real property: An 8.63 subdivision located in a portion of the SE'/. of the SE'/. of Section 5, T. 15S., R. 13E., Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: COMMENCING at a 2 inch brass cap monumenting the SE corner of said Section 5, said brass cap being the Initial Point of "Wildflower" as well as the True Point of Beginning; thence N00'42'30"E along the East line of said Section 5 - 573.85 feet to a''/z inch pipe; thence N89°51'19"W - 689.52 feet to a'/2 inch pipe; thence S06°20'25"E - 579.51 feet to a point on the South line of said Section in which a 3/. inch pipe bears N06'20'25"E - 28.03 feet; thence N89°57'40"W along the South line of said Section - 618.42 feet to the Point of Beginning. Tax Map 15-13-5DD, TL 900, 1000 & 1100 WHEREAS, public improvements are or will be needed as this area develops; and WHEREAS, the CITY will issue said permit now before the improvements are constructed on the condition owner agrees to the formation of a local improvement district for said improvements; Now THEREFORE, the parties agree as follows: Section One: OWNER agrees to participate in the formation of a local improvement district for the following improvements: NW Maple Ave. - Improvements conforming to City arterial street standards with curbs and sidewalks for that portion of the north side adjacent to subject props OFFICIAL. SEAL te KATRINISIA A BOLTON OWNER also agrees not to remonstrate agaihiifff MvIL tsQfi10bs of waive the right to object to the amount or manner of allocating assessmentsurrss�snato639 said local improvement district(s). Section Two: It is the intent of the parties hereto that this agreement shall be a covenant and shall run with the land herein described and shall be binding upon the heirs, executors, assigns and successors of the parties hereto. State Of Oregon ) �� County Of Deschutes ) SS Owner Subscribed and sworn to 1 before me this 1�_day of t4o fex,c,Yaa,- 1999 Not Public For Oregon , Title rr, u,_. l My Commission Expires 1S Ute OFFICIAL SEAL KATRINA A BOLTON Etim NOTARY PUBLIC - OREGON COMMISSION NO. 321129 MY COMMISSION EXPIRES IN. 211, 2683 Approved by: City o ' s Red d Pub is Wo Department Date/8/11 PLEASE RETURN TO: CITY RECORDERS OFFICE CITY OF REDMOND PO BOX 726 REDMOND, OR 97756-0100 .. t4 - S 9463 -Z AGREEMENT TO PARTICIPATE IN THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT THIS AGREEMENT is between the City of Redmond, Oregon (CITY) and (OWNER). WHEREAS, the OWNER desires approval of Wildflower Subdivision SUB99-01 for the following described realroPe P rty: An 8.63 subdivision located in a portion of the SE'/. of the SE'/a of Section 5, T.15S., R.13E., Willamette Meridian, Deschutes County, Oregon, more particularly described as follows: COMMENCING at a 2 inch brass cap monumenting the SE corner of said Section 5, said brass cap being the Initial Point of "Wildflower" as well as the True Point of Beginning; thence N00°42'30"E along the East line of said Section 5 - 573.85 feet to a'/2 inch pipe; thence N89°51'19"W - 689.52 feet to a'/2 inch pipe; thence S06°20'25"E - 579.51 feet to a point on the South line of said Section in which a % inch pipe bears N06°20'25"E - 28.03 feet; thence N89°57'40"W along the South line of said Section - 618.42 feet to the Point of Beginning. Tax Map 15-13-5DD, TL 900, 1000 & 1100 WHEREAS, public improvements are or will be needed as this area develops; and WHEREAS, the CITY will issue said permit now before the improvements are constructed on the condition owner agrees to the formation of a' local improvement district for said improvements; Now THEREFORE, the parties agree as follows: Section One: OWNER agrees to participate in the formation of a local improvement district for the following improvements: NW Maple Ave. - Improvements conforming to City arterial street standards with curbs and sidewalks for that portion of the north side adjacent to subject property. OWNER also agrees not to remonstrate against such improvements, but does not waive the right to object to the amount or manner of allocating assessments made pursuant to the formation of said local improvement district(s). Section Two: It is the intent of the parties hereto that this agreement shall be a covenant and shall run with the land herein described and shall be binding upon the heirs, executors, assigns and successors of the parties hereto. State Of Oregon ) County Of Deschutes ) SS Owner Subscribed and sworn to before me this day of .199 Approved by: Notary Public For Oregon City of Redmond Public Works Department Title Date: My Commission Expires K) or 12O eseA4-1 be�, 919-Ss1/3/-/ • WATER SERVICE AGREEMENT The CITY OF BEND, an Oregon municipal corporation, hereinafter referred to as "CITY" and' THE STONEWOOD GROUP, LLC, hereinafter referred to as "USER" agree as follows: GENERAL CONDITIONS 1. USER has received, read and understands City's Water Policy which is attached to this agreement. The terms used in this agreement have the meanings assigned to them by City's policies unless specifically provided otherwise in this agreement. 1.1 USER desires water service to USER's property described on Exhibit "A" which is attached hereto and made part of this agreement. 1.2 USER understands that USER's service is conditioned upon consenting to sign an annexation consent agreement, if USER's property is outside of the City limits. USER hereby consents to the annexation of USER's property when annexation shall be deemed appropriate by the City. USER shall also provide City with a separate consent on a form prepared by City. • 1.3 The USER and City intend that this agreement shall constitute a covenant running with the land, binding on the USER and USER's heirs, successors, or assigns. 1.4 USER agrees to pay applicable water System Development Charges (SDC's) in accordance with City policies. PROVISION OF WATER SERVICES 2. Services shall be supplied only through facilities constructed by City approved contractor, installed to City Standards and Specifications and owned by City. All facilities except USER's service connection lines shall be installed within public right of ways or City easements. Easements shall be granted to City free and clear of all liens and encumbrances. 2.1 USER shall not connect to CITY's facilities until City accepts facilities installed by USER in writing. 2.2 USER shall promptly pay all charges for City water services when due. Charges shall be as prescribed by the appropriate schedule and may be changed from time to time. 2.3 No other use of City services or CIT,,y j qilities shall be permitted City of Bend Page 1 Dev�hrmsnY Stonewood Group, Morningside Building P.O. Box 43A PZ 99-174 Bend, OR 97709 IA W-,5946v/'0z 0 without express written consent of the CITY. 2.4 USER shall comply with all applicable governmental laws, rules and regulations including but not limited to CITY ordinances, resolutions and the provisions of City water policy as they now exist and as they may be changed from time to time. Any failure to comply with all terms and conditions of this agreement shall entitle CITY to terminate water services at CITY's sole discretion. 2.5 If USER's property is outside the City and USER received City water service, USER's service may be terminated at anytime after three month's written notice. 2.6 USER agrees to perform all work necessary to install on USER's property at a City approved location a backflow prevention device approved by the Oregon State Health Division and the City of Bend Standards and Specifications if required. This device must pass inspection by a certified backflow prevention inspector. USER agrees to have test cocks installed on this device as shown in the specifications. USER also agrees to comply with the annual requirement for checking the backflow protection valves at USER's expense. • () Not required () Double check type () Reduced Pressure Type EXTENSION OF WATER AMOR SEWER FACILITIES 3. USER shall comply with the following conditions if service to USER's property requires extension of sewer or water facilities. 3.1 USER agrees to perform all work necessary for the construction of the water and/or sewer facility as shown on Exhibit "B" at USER's sole expense and in accordance with the City's Standards and Specifications, within one year unless extended by City in writing. USER agrees to perform all work necessary to install water service lines with meters and housings if required. Said installations to be completed in accordance with Exhibit "B" and City Standards and Specifications. The meter, to be installed by contractor, must be stamped and registered by CITY Public Works department prior to installation. 3.2 The person, firm or corporation performing the work shall have construction liability coverage. Coverage shall be in the amount of a one million dollar combined single limit for bodily injury liability and property damage. USER shall hold City harmless and indemnify City from any liability of any kind in connection with activities resulting from this agreement. Page 2 Stonewood Group, Morningside Building PZ 99-174 3.3 USER agrees to submit to the City a statement of all costs incurred on the project upon completion of the project. 3.4 'City will charge appropriate fees for services rendered to USER. 3.5 USER agrees to obtain Oregon State Highway, City or County street cut permit prior to any construction in right of ways. 3.6 When required by CITY, USER agrees to deliver to CITY "AS BUILT" reproducible drawings of the completed work, signed by an Oregon professional engineer prior to acceptance of the work by CITY. 3.7 The total amount due and payable upon signing this agreement is listed on Exhibit "C'. DATED this day of ,2/o ✓.¢,n 19 q'L USER • The Stonewood Group, LLC, By Robert M. Rees # OFFICIAL SEAL ANGEUKA N BROOKS STATE OF OREGON NOTARY PUBLIC -OREGON COMMISSION N0.316884 )SS MY COMMISSION EXPIRES OCT 12, 2002 County of Deschutes ) This instrument was acknowledged before me on by -1.5 11 OTA MPUBIL-16'40R OREGON My Commission Expires: lo -ia - O 2 - CITY DEV L ENT SERVICES Page 3 Stonewood Group, Morningside Building PZ 99-174 • • sip Exhibit Exhibit "C" Engineering Fees Water plan review submittal $275.00 $ Water line fee ft x $1.10/ft ($1.65/ft*) $ Fire serv/hydrant fee 1 x $165.00 per serv/hydrant $165.00 Water service tap inspection $50.00 $ 50.00 MISCELLANEOUS Agreement processing fee $N/A Recording fee $NIA DATE PAID RECEIPT # TOTAL DUE $215.00 HTE# Exhibit "A" Lot 6 of the Woodlands, Phase 1, Deschutes County, Oregon Page 4 Stonewood Group, Morningside Building PZ 99-174 E � "' � �'$. Office ofpp�q•the» Co gunty Clerk • .... .... ._�.. r:. ... )... r.^. ,h.i.i.'. R}_.. ....n.�f..}�'. V?�Ai^'Q�,��C+y},+'4�•'... .�.'J.'�.:..}j.�i.`v,.d. �».�5}4Y —� Deschutes Services Bldg., • 1340 N.W. Wall St. " Bend, Oregon 97701 Telephone: (541) 388-6544 Facsimile: (541) 389-6830 June 20, 2000 Mary Sue "Susie" Penhollow, County Clerk To: Deschutes County Recording Staff From: Susie Penhollow, County Clerk Re: City of Bend Documents The City of Bend will be recording documents that are sewer service agreements, development agreements, sewer hook-up agreements, etc. According to the City's legal counsel, the documents will be submitted with a cover sheet and be clearly labeled as a License. The statutory requirements for a cover sheet will be the same as for all recorded documents. • If the document is labeled with a title that is recordable pursuant to the Recording Guidelines, it will be recorded under that title. If the document is labeled with a title that is not acceptable under the Recording Guidelines, we must have a copy of the City's Resolution or Ordinance that allows the recording of that document. C7 Effective June 21, 2000, all parties to city agreements must be notorized — including the cities. If you have any questions or input, let me know! . Quality Services Performed with Pride 08/20/00 TUE 15:07 FAX 5413885519 CITY OF BEND LICENSE (ORS 093.710 (1)) (Relating to realty, connection to and use of City of Bend public facilities; obligation to develop facilities; obligation to maintain facilities and covenant running with the land.) This recording cover sheet has been prepared by the person presenting the attached instrtunent for recording (ORS 205.234). Any errors in this cover sheet do not affect the transactions contained within the document. Deschutes County Ming Inde[ — DEEDS DATE: c,2y - av PARTIES: City of Bond U ,qX S DEVUOPER (S) OWNER(S) • USER (S) S�ovL>ry L . �T�e 5 Return to City of Bend PO Box 431 Bend, OR 97709 0 002 9y ys.�ST NO CITY OF BEND DEVELOPMENT AGREEMENT �1) 99 - s9v*740 -/ AJ e i Pee- ST�t-T�iTE q#. 52 z This Development Agreement is made and entered into by and among the City of Bend, an Oregon Municipal Corporation; and RON LA FRANCHI , hereinafter referred to as Developer. WITNESSETH WHEREAS, the Developer is the owner of certain real property which is described in Exhibit "A", which is attached hereto and incorporated by reference; and WHEREAS, the City is willing to grant approval of a SITE PLAN & DESIGN REVIEW for said property upon the condition that the Developer undertake and maintain certain improvements and satisfy certain requirements as specified herein; and WHEREAS, the Plan (which may be called either a "Site Plan" or a "Development Plan" or a "Planned Unit Development Plan"), which is described on Exhibit "B", is hereby made a part of this agreement. Now, therefore, in consideration of the mutual agreements contained herein, and as a condition precedent to the granting of final approval of 98-249 by the City; the City, 40 Developer agree as follows: I . The City agrees: 1. To periodically inspect said improvements while under construction for compliance with City standards. Within seven (7) days after receiving written notice that all improvements have been completed, the City shall make a complete inspection of the improvements. The City shall notify the Developer, in writing, of all items of work that shall be corrected and/or completed prior to final acceptance by the City. 2. To notify the Developer, in writing, of final acceptance by the City of all improvements required under this agreement. Retarr City c+ R me, Development Ser icy- P.O. Box 431 Bend. OR 97709 The Developer agrees to the following conditions of approval: PRIOR TO ISSUANCE OF A BUILDING PERMIT: Apply for and meet the requirements for a building permit. Pay system development charges. Contact the City of Bend Building Division at 388-5528. 2. Prior to any further excavation, the applicant shall remove all fill material from around the existing ponderosa pine trees and place protective fencing around all trees to be preserved. 3. Submit four copies of a 'revised" site plan which show the relocation of buildings "I - L", the preservation of the existing pine trees, a transition from public to the private space of the motel, provide a pedestrian connection from the motel to the mini mart and one main vehicle entrance located near the center of the site to the City for approval. 4. The applicant shall relocate the water fountain and seating area so that the amenity relates to the customer entrance of the building. Show the relocation of • the amenity on the revised site plan. 5. Submit two copies of a 'revised" landscaping plan to the City Planning Division for review and approval prior to obtaining a building permit. Said plans shall show the preservation of the existing pine trees, landscape islands within the parking lot opposite the motel units, pedestrian walkways and incorporate landscaping on the fast gas site. Show all existing trees. Save as many existing trees as possible. Approved street trees shall be planted along the Highway 97 frontage with a maximum separation distance of 30 feet. The landscaping shall not interfere with the clear vision area. 6. The applicant shall provide a tree protection plan to the City for review prior to any further excavation. The tree protection plan shall include the placement of protective fencing around the trees to be preserved during all phases of construction. 7. The applicant shall submit design cut sheets for the proposed exterior lighting. The lights shall be hooded and directed down onto the site and not shine or glare onto adjacent property or streets. 8. Park System Development Charges shall be payable at the time of building permit issuance: motel or hotel $313.00/unit. 9. The applicant shall sign a City Development Agreement prior to obtaining a • building permit. Please contact Deb Walker for an appointment to execute this agreement by calling 388-5580. 10. The applicant shall relocate the water fountain and seating area so that the amenity relates to the customer entrance of the building. 11. The applicant shall submit the required comprehensive signage plan to Kim Voos with Development Services prior to obtaining a building permit. 12. Buildings "I - L" are subject to design review prior to issuance of a building permit. 13. Submit engineered plans for water, sewer and street improvements, stamped by a professional engineer, to the City of Bend Engineering Division for approval prior to obtaining a building permit. 14. Provide an access easement through the subject property to benefit, the adjoining property to the east identified as tax lot 1100. 15. Abandon all existing water wells to Oregon Water Resource standards and specifications. 16. The fire hydrants, water and sewer mains shall be installed and approved by the 0 City of Bend prior to issuance of a building permit. WITH DEVELOPMENT OF THE SITE: 17. The parking lot shaii be designed and constructed to City of Bend standards, including surfacing with A.C. paving. Provide catch basins and dry wells to contain all surface and roof water drainage on site at all times. Slope the parking lot to drain to the catch basins. All drainage systems shall be kept operable at all times. Provide a minimum of 315 striped parking spaces, including 8 handicap parking spaces according to City standards. 18. The applicant shall eliminate the south access and provide one main driveway access which is perpendicular to the highway frontage and will restrict access to right in, left in and right out. 19. The applicant shall provide traffic control on site to control internal vehicular circulation between the motel, gas station, and mini mart. Submit plan to the City for review and approval. 20. Construct all driveways and curb cut access points to City specifications. Obtain an access permit from the Oregon Department of Transportation, a curb cut permit and construction specifications from the City of Bend Engineering Division prior to obtaining a building permit. 21. Re -construct the de -acceleration lane on Highway 97 to eliminate standing water on Highway. 22. All utilities serving the site shall be constructed underground. 23. Contact the Swalley Irrigation District prior to any construction. 24. Provide sewer and water in accordance with City standards and policies. Install a water meter on the property. 25. Provide easements for City water and sewer lines, as determined by the City Development Services Division. 26. Provide a 10 foot separation distance between City water and sewer lines. 27. Comply with the Fire Department requirements for roof construction; fire flows, address signs and Knox Box locks. 28. Provide for a screened trash and recycling area on site as shown on the site plan. • 29. Provide covered bicycle parking spaces as required by the zoning ordinance. The location and design shall be to City requirements. PRIOR TO FINAL OCCUPANCY: 30. The paving, sidewalks, street improvements, landscaping and irrigation system shall be installed prior to occupancy of the buildings. 31. The landscaped areas shall be continually maintained including watering, weeding, pruning, and replacement of dead materials. 32. This approval will expire one year from the date of this notice, unless a building permit or request for extension and filing fee have been submitted. Enforcement. If the Developer, assignee, or any purchaser of said property fails to keep and execute the terms of this agreement, the City may, after written notice, enforce this agreement by taking -any or all of the following steps: 1. The City may revoke any development permits relating to this development. 2. The City may issue a citation and complaint for violation of the City land use W ordinances in the Municipal Court. 3. The City may perform the improvements required by this agreement and place a lien on We property for the amount involved. In doing so, the City shall notify the Developer by certified mail of the proposed action. If the Developer has failed to complete substantially the improvement required within thirty (30) days of said letter, the City may let the project out for bid by the lowest responsible bidder. Once the bid is accepted by the City, the Developer shall be responsible for the costs incurred. 4. The City may enforce any lien placed on the property pursuant to paragraph 3 in the same manner as other City liens relating to public improvements. 5. If an escrow account or performance bond is required, the City may withdraw the funds in said account or require performance under the terms of the bond. 91 Covenant Running with the Land. This agreement shall be a covenant running with the land and shall be binding upon Developer's property which is the subject of this agreement, and binding upon Developer, Developer's heirs, successors and assigns." • 0 S . . • n r EXECUTION This agreement -has been executed this /5'1* day of A/ UV , I—QWby the City of Bend and the 1999 Developer. CITY OF BEND STATE OF OREGON ) ss County ofDeael te�Co3 DEVELOPER Z,- RON LA FRANCHI This instrument was acknowledged before me on/\Y-o-- by 0 N ,� l � (date) r (print developer's name) :NTA FFICIAL SEAL ICK J. CARLETONY PUBLIC•OREOONNOTARY UBLIC FOR OREGONIlBBIbN N0.304A92 t xr zoa, My Commission Expires: - 0 EXHIBIT "A" Description of Real Property Containing Development A parcel of land situated in the Southeast one-quarter of Section 20 and Southwest one- quarter of Section 21, Township 17 South, Range 12 East, of the Willamette Meridian Deschutes County, Oregon, particularly described as follows: BEGINNING at the 1/4 comer between Sections 20 and 21, Township 17 South, Range 12 West, of the Willamette Meridian, Deschutes County, Oregon; thence along the north line of the Northeast % of the Southeast % of said Section 20, North 890 27'07" West 580.06 feet more or less to the easterly right-of-way line of the Dalles-California Highway No. 97; thence southerly along said right-of-way line, 460.5 feet more or less to the southerly line of that parcel of land described in warranty deed to Ron La Franchi, Volume 366, Page 2784, recorded April 19, 1995, Deschutes County Deed Records; thence along said southerly deed line South 710 36' East 231.87 feet; thence North 340 39'53" East 242.48 feet; thence South 890 27'07" East 222.49 feet to a point on the line between Sections 20 and 21, being 328.64 feet southerly from said % comer; thence along said section line, South 00 11'46" West 30.00 feet; thence South 890 48'14" East 38.00 feet to a point on the west bank of the Swalley Canal; thence northeasterly along said west bank to a point which is described in PARCEL 2 of that warranty deed Volume 380, Page 1282, recorded August 1, 1995, Deschutes County Deed Records, as being South 890 48'14" East 127.30 feet, South 00 11'46" West 160.00 feet, South 890 48'14" East 53.28 feet and South 470 00'50" East 15.00 feet from said % comer; thence North 470 00'50" East 15.00 feet; thence South 89° 48'14" West 53.28 feet; thence North 00 11'46" East 70.00 feet; thence North 890 48'14" West 127.35 feet to said section line; thence along said section line, North 00 11'46" East 90.00 feet to the point of beginning. 11 ES Office of the County Clerk Deschutes Services Bldg., " 1340 N.W. Wall St. " Bend, Oregon 97701 Telephone: (541) 388-6544 Facsimile: (541) 389-6830 June 20, 2000 To: Deschutes County Recording Staff From: Susie Penhollow, County Clerk Re: City of Bend Documents Mary Sue "Susie" Penhollow, County Clerk The City of Bend will be recording documents that are sewer service agreements, development agreements, sewer hook-up agreements, etc. According to the City's legal counsel, the documents will be submitted with a cover sheet and be clearly labeled as a License. The statutory requirements for a cover sheet will be the same as for all recorded documents. • If the document is labeled with a title that is recordable pursuant to the Recording Guidelines, it will be recorded under that title. If the document is labeled with a title that is not acceptable under the Recording Guidelines, we must have a copy of the City's Resolution or Ordinance that allows the recording of that document. 10 Effective June 21, 2000, all parties to city agreements must be notorized — including the cities. If you have any questions or input, let me know! Quality Services Performed with Pride 06/20/00 TUE 15:07 FAX 5413885519 CITY OF BEND LICENSIK (ORS 093.710 (1)) (Relating to realty, connection to and use of City of Bond public facilities; obligation to develop facilities; obligation to maintain facilities and covenant iunuing with the land.) This recording cover sheet has been prepared by the person presenting the attached instrument for recording (ORS 205.234). Any errors in this cover sheet do not affect the transactions contained within the document. Deschutes County Filing Index — DEEDS DATE: 0 — 02 PARTIES: City of Bend O r�2X S DEVELOPER (S) OWNERS) • USER (S) -177WL£y L.. . *U9!= 5 ./ u L r E G. V-i9At E3 Return to City of Bend PO Box 431 Bend, OR 97709 Q002 1 J6 q9-s'9y�s-1 • WATER AND SEWER SERVICE AGREEMENT The CITY OF BEND, an Oregon municipal corporation, hereinafter referred to as "CITY" and Jessica Dickinson, hereinafter referred to as "USER" agree as follows: GENERAL CONDITIONS 1. USER has received, read and understands City's Water and Sewer policies which are attached to this agreement. The terms used in this agreement have the meanings assigned to them by City's policies unless specifically provided otherwise in this agreement. 1.1 USER desires sewer and water service to USER'S property described on Exhibit "A" which is attached hereto and made part of this agreement. 1.2 USER understands that USER'S service is conditioned upon consenting to sign an annexation consent agreement, if USER'S property is outside of the City limits. USER hereby consents to the annexation of USER'S property when annexation shall be deemed appropriate by the . City. USER shall also provide City with a separate consent on a form prepared by City. 1.3 The USER and City intend that this agreement shall constitute a covenant running with the land, binding on the USER and USER'S heirs, successors, or assigns. 1.4 USER agrees to pay applicable sewer and water System Development Charges (SDC's) in accordance with City policies. PROVISION OF WATER AND SEWER SERVICES 2. Services shall be supplied only through facilities constructed by City approved contractor, installed to City Standards and Specifications and owned by City. All facilities except USER'S service connection lines shall be installed within public right of ways or City easements. Easements shall be granted to City free and clear of all liens and encumbrances. 2.1 USER shall not connect to CITY'S facilities until City accepts facilities installed by USER in writing. 2.2 USER shall promptly pay all charges for City sewer and water services when due. Charges shall be as prescribed by the appropriate schedule and may be changed from time to time. Return In PZ 98-237 city of Bend Mason Estates, First Addition, Phase II Development services P.O. Box 431 Bend, DR 97709 l- ;57W,5- -02 2.3 No other use of City services or CITY facilities shall be permitted without express written consent of the CITY. 2.4 USER shall comply with all applicable governmental laws, rules and regulations including but not limited to CITY ordinances, resolutions and the provisions of City sewer and water policies as they now exist and as they may be changed from time to time. Any failure to comply with all terms and conditions of this agreement shall entitle CITY to terminate sewer and water services at CITY's sole discretion. 2.5 If USER'S property is outside the City and USER receives City sewer and or water service, USER'S service may be terminated at anytime after three month's written notice. 2.6 USER agrees to perform all work necessary to install on USER's property at a City approved location a backflow prevention device approved by the Oregon State Health Division and the City of Bend Standards and Specifications if required. This device must pass inspection by a certified backflow prevention inspector. USER agrees to have test cocks installed on this device as shown in the specifications. USER also agrees to comply with the annual requirement for checking the backflow protection valves at USER's expense. Not required ( ) Double check type () Reduced Pressure Type EXTENSION OF WATER AND/OR SEWER FACILITIES 3. USER shall comply with the following conditions if service to USER'S property requires extension of sewer or water facilities. 3.1 USER agrees to perform all work necessary for the construction of the water and sewer facility as shown on Exhibit "B" at USER'S sole expense and in accordance with the City's Standards and Specifications, within one year unless extended by the City in writing. USER agrees to perform all work necessary to install water service lines with meters and housings if required. Said installations to be completed in accordance with Exhibit "B" and City Standards and Specifications. The meter, to be installed by contractor, must be stamped and registered by CITY Public Works department prior to installation. 3.2 The person, firm or corporation performing the work shall have construction liability coverage. Coverage shall be in the amount of a one million dollar combined single limit for bodily injury liability and property damage. USER shall hold City harmless and indemnify City from any liability of any kind in connection with activities resulting from this 2 PZ 98-237 Mason Estates, First Addition, Phase 11 �1-5y f�.�s3 • agreement. 3.3 USER agrees to submit to the City a statement of all costs incurred on the project upon completion of the project. 3.4 City will charge appropriate fees for services rendered to USER. 3.5 USER agrees to obtain Oregon State Highway, City or County street cut permit prior to any construction in right of ways. 3.6 When required by CITY, USER agrees to deliver to CITY "AS BUILT reproducible drawings of the completed work, signed by an Oregon professional engineer prior to acceptance of the work by CITY. 3.7 The total amount due and payable upon signing this agreement is listed on Exhibit "C". DATED this s3 day of /L/,4 -d , 19 9f. USER • BY. Jt s: c._ J STATE OF OREGON ) )SS County of Deschutes ) This instrument was acknowledged before me on✓Voy. 3.o. 9 44 lYr /-7 NO,RBLIC FOR OREGON My Commission Expires: / o -la. -o .2- i �f 3 PZ 98-237 Mason Estates, First Addition, Phase 11 e OFFICIAL SEAL ANGELIKA N BROOKS NOTARY PUBLIC -OREGON COMMISSION NO. 316894 MY COMMISSION EXPIRES OCT 12, 2002 • Exhibit "C" Engineering Fees Water plan review submittal $275.00 $ 275.00 Water line fee 359 ft x $1.101ft ($1.65/ft*) $ 394.90 Fire sery/hydrant fee 1 x $165.00 per sery/hydrant $ , 165.00 Water service tap inspection $50.00 $ 50.00 Sewer plan review submittal $275.00 $ Sewerline inspection fee ft x $1.10/ft ($1.65/ft*) $ Manhole fee, # of manholes x $55.00/manhole $ Sewer tap inspection $50.00 $ Street review submittal $275.00 $ 275.00 Street fee 450 If x $1.10/ft $ 495.00 Final Plat Fees Submittal fee $275.00 + 19 lots x $30.00/lot $ 845.00 Partition Fees Submittal fee $275.00 + lots x $15.00/lot MISCELLANEOUS Agreement processing fee $ 170.00 Recording fee $ 50.00 recovery, project # $ Warranty cash deposit Accounting P# $ DATE PAID RECEIPT # TOTAL DUE $ 2,719.90 * 4 PZ 98-237 Mason Estates, First Addition, Phase 11 s EXHIBIT "A" PARCEL L• The North 458.46 feet of the East 330 feet of the Northeast Quarter of the Southwest Quarter (NEI/4 SW114) of Section 35, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes • County, Oregon. Tax Acct. No. 17 -12 -35 -CA -100 5 PZ 98-237 Mason Estates, First Addition, Phase 11 02124/00 THU 15:52 FAI 5413885519 CITY OF BEND COVENANT (Relating to City of Bend required improvements under Subdivision Ordinance, Building Code, Zoning Ordinance, and/or other ordinances and related City policies; ORS 092.044, 092.048 (4)) Dated: February 24, 2000 City of Bend Lora Borden, et al kTht's ha m c- C"� s a -&vo AA., �G /tis fro/ a Doeument3 � � IM001 02;.24/00 THU 15:53 FAX 5413885519 CITY OF BEND • SEWER HOOK-UP AGREEMENT PHASE H The CITY OF BEND, an Oregon municipal corporation, hereinafter called "CITY" and LORA BORDEN, ET. AL., hereinafter called "OWNER" agree as follows: I. OWNER is developing property which is described as follows: SEE EOWBIT "A" and which OWNER warrants and represents that OWNER owns. The CITY agrees to supply this property with sewer services when CITY'S sewer system is extended to the property. 2. The purpose of this agreement is to create a binding commitment that the property will be hooked up to CITY'S sewer system so that OWNER can secure permission from the State Department of Environmental Quality permitting OWNER to use an interim sewage disposal system until such time as the CITY'S sewer system is extended to the property. 3. OWNER shall install an interim system within the property according to City Sewer Policy, City Standards and Specifications and comply with any Sewer Service Agreement covering this property. 4. In addition to the installation of the interim system serving the property, OWNER shall pay whatever cost not otherwise funded which is required to extend the CITY'S sewer system through the property so that the interim system within the property may be hooked up to CITY'S • sewer system. This obligation may be performed by OWNER'S participation in a local improvement district, or the like, if that method of financing the extension is selected by the CITY. OWNER agrees to consent to do whatever is necessary to form such a district. 5. The property covered by this agreement shall be hooked up to CITY'S sewer system. 6. When the interim sewer system is hooked up to CITY'S system OWNER shall pay whatever connection charge is required by the CITY policy at the time of hook-up; and will pay whatever standard user charge is required at that time. 7. OWNER agrees to grant CITY easements for the construction, installation and maintenance of sewer lines through OWNER'S property (described above). These easements shall only be used by CITY in connection with CITY'S sewer system and to the extent practicable shall be Iocated within public ways and other utility easements within OWNER'S property. 8. OWNER hereby consents to the annexation of the property described in this agreement to the CITY and the property shall be annexed when the CITY elects to do so according to law. 9, The parties agree that this agreement shall constitute a covenant mining with the land and be fully enforceable by the CITY with respect to the property described herein, whether that property is owned by OWNER or by persons who have acquired the land from the OWNER or OWNER'S assigns. City has also obtained a separate Consent to Annexation agreement with OWNER, which will be on file at City Hall. 10. FEE SCHEDULE: SEE EXHIBIT "C" Type It Sewer Agreement Loin Borden, et, rl. Project # PZ98-235 [a 002 02J•24/00 THU 15:53 FAX 5413885519 CITY OF BEND 2003 • q/N DATED this y of , 19 ! USER LORA BORDEN STATE OF OREGON )ss County of Deschutes ) This instrument was acknowledged before me on �— by. OFFICIAL S^AL Notary for Orgon �.:. BECKYLNOCKtMA My CommissilfnExpires: NOTARYFUBLIC-p GO" COMMISSION N0.314137 0- SC NI6SIDNE�IgF8JULY 17.2MO me Q CITY MVEnPMENT SER CES Type II Sewer Agracment Lora Borden, er. al. Project # PL90-235 02/.24/00 THU 15:53 FAX 5413885519 CITY OF BEND IM004 • MSCELLANEOUS Agreement Processing Fee Recording Fee TOTAL DUE 0 E3(mJT "C" ,ePd�9 -$�• vo $ 60.00 $ 25.00 $ 85.00 /loon r aAQ Type II Sewer Agroernenl Lora Borden, et. al. Project M PZ99.235 02f.24/00 THU 15:53 FAX 5413885519 CITY OF BEND _ Order No. 128427 -JJ Page 4 Exhibit "A" Part of the Southeast Quarter of the Northwest Quarter (SEI/4 NW1/4), of Section 17, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, described as follows: Beginning at a point 1380 feet South of the North line of said Section on the East boundary Of the Dalles-California Highway (new or 1926 "location); thence Southerly along the East boundary of said Highway to the North boundary of the Sipchen Canal; thence East 330 feet; thence North 130 East, 600 feet; thence West 330 feet to the point of beginning; AND ALSO, a part of the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4 of the Northwest 1/4 of said Section 17 described as follows: Beginning at the intersection of the North line of the Southwest 1/4 of the Northeast 1/4 of said Section with the West line of the Dalles-California Highway (old or 1916 location); thence Southwesterly along said West line of said Highway, 690 feet; thence West 530 feet; thence North 13"East 660 feet; thence East of the North line of the Southeast 1/4 of the Northwest 1/4, 630 feet to the point.of beginning. EXCEPTING THEREFROM a parcel -of land in the Northeast Quarter of the Northwest Quarter (NEI/4 NW1/4) and the Southeast Quarter of the Northwest Quarter (SEI/4 NWl/4) of Section 17, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, described as follows: 40 Beginning at a point where the South line of the said NEI/4 NW1/4 intersects the East line of the Dalles-California Highway; thence North 16°34' East along the said East line, 200 feet; thence South 77°33'36" East, 349.12 feet; thence South 16°34' West, 144,37 feet; thence North 89°39102" West along said South line of said NEI/4 NWl/4 362.36 feet to the point of beginning, ' ALSO beginning at the said point of beginning; thence South 89039102" East, 330 feet; thence South 1634' West, 60.00 feet; thence North 89°39'02" West, 330 feet to the East line of said highway; thence North 16°34' East along said East line of said highway to the point of beginning. ALSO EXCEPTING THEREFROM a parcel of land located in the Southeast Quarter of the Northwest Quarter (SEI/4 NW1/4) of Section 17, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon which is described as follows: Commencing at the Center -North 1/16 comer of said Section 17; thence South 860 34'37" West, 874.27 feet to the Easterly right of way line of U.S. Highway No. 97 and the true point of beginning; thence South 89039'02" East. 348.70 feet; thence South 16°52'30" West, 213.10 feet; thence North 89039'02" West, 347.45 feet to the Easterly right of way line of U.S. Highway No. 97; thence along said right of way North 14000'46" West, 24.12 feet; thence continuing along said right of way North 16052'30" East, 188.66 feet to the true point of beginning. • lih 005 VOL: 19 9 PAGE: 34658 RECORDED DOCUMENT h STATE OF OREGON TY OF DESCHUTES COUNTY Pi , LL yy, •1999-34658 •Vol-Page Printed: 07/15/1999 09:05:52 Ile DO NOT REMOVE THIS CERTIFICATE N 6T 1` - (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Jul. 15, 1999; 8:08 a.m. 8534 Consent to Annexation $10.00 NUMBER OF PAGES: 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK aaj�fk/ CONSENT TO ANNEXATION 1P/ 71 , The undersigned property owner(s) (hereinafter referred to as "property owner,") hereby consents to the annexation of the following described real property to the City of Bend, Deschutes County, Oregon (hereinafter referred to as "City"): Lot 1600 of the Subdivision Plat of Seventh Mountain Golf Village, Deschutes County, Oregon. This duration of this consent to annexation is perpetual. The property owner has waived the one year period specified in ORS 222.173 in a separate written agreement relating to this property. The property owner and City intend that this consent shall comply with all requirements of law for annexation of the property described and agrees to execute a legally binding consent in the event that this consent is determined to be legally insufficient. The property owner further agrees to execute such separate, further or additional application, petition and consent as may be hereafter required by the City, or the laws of the State, as such now exist or as are hereafter enacted, to accomplish the annexation of the property owner's property to the City of Bend. City services have been or will be supplied to the property owner as consideration for this consent to annexation. If the property owner refuses to take any and all steps as are necessary to annex above-described property to the City of Bend, at such time as City determines that the property should be annexed to City, City may terminate any or all City services provided to the property upon 90 days written notice. This agreement shall constitute a covenant running with the land and shall be binding upon the heirs, successors and assigns of the property owner. City may exercise this consent and annex this property at any time, in the City's sole discretion, once the property owner's property is located within the Bend urban growth boundary. DATED this2 , day of S �, ., c '1999. PROPERTY OWNER: BY: Willia . Po ff STATE OF OREGON ) ss. County of Deschutes ) OFFICIAL SEAL ANGELIKA N BROOKS NOTARY PUBLIC -OREGON COMMISSION NO. 316884 A'1Y COMMISSION EXPIRES OCT 12, 2002 This instrument was acknowledged before the on L -3y-99 , by LJ : //: 4.+� �/. �o►�o t'I(jtno! �� E+r•rr0 DF1L1°1,Prne1,t $fyvR,:, 1'p Hox 431 aoLa6m= i7./314 1_i� Notar blic For Oregon My Commission Expires: /0-/z�--0-P- Page 1 60745 Golf village Loop, Lot 1600 April 19, 1999 Q:\DEV\PR0JECT\7THMTN\F0RMS\CTA RECORDING COVER SHEET • THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING (ORS 205.234). ANY ERRORS IN THIS COVER SHEET DO NOT AFFECT THE TRANSACTIONS CONTAINED WITHIN THE DOCUMENT. i, County Filing Index - Recording Authority - Redmond Code Section 1.500 Requires Recording of a documents with the Deschutes County Clerk (Ordinance Number2001-13) A. Title of Document: Improvement Agreement Property located at: Lot 43 and lot 44, SOTHMAN'S ADDITION to the City of Redmond, Deschutes County, Oregon, also known as "that portion located in the North Half (N1/2) of the Southeast Quarter (SE1/4) of Section 9, Township 15 South, Range 13 East of the Willamette Meridian in Redmond, Deschutes County, Oregon. B. Names of First Parties: One Property Owners, as listed: Redmond Fire Department Names of Second Parties: City of Redmond, Oregon C. Name and address of person authorized to receive the instrument after recording: City Recorder's Office . PO Box 726 Redmond OR 97756-0100 MMYSUEHSPENHOLLOW, COUNTYCOUNTY OFFICIAL CLERK101-51584 jjjj 111LIJI]( I IIII I 111111111 $41,00 30 3 G:MDOCUMENT%RECORDSTORMS1RCrdgCvr.wpd p -M Cntui iEnai PAN 10/22/2001 $1e.00 $11.00 $10.00 :0.00 • IMPROVEMENT AGREEMENT THIS AGREEMENT, is for Site Plan Improvements for SP 01-48 is by and between The City of Redmond, a Municipal Corporation of the State of Oregon, hereinafter referred to as "City", and the Redmond Fire Department, hereinafter referred to as "OWNER / DEVELOPER." WITNESSETH: WHEREAS, the OWNER/DEVELOPER is the owner of certain real property described as "Lot 43 and lot 44, SOTHMAN'S ADDITION to the City of Redmond, Deschutes County, Oregon, also known as "that portion located in the North Half (N1/2) of the Southeast Quarter (SE 1/4) of Section 9, Township 15 South, Range 13 East of the Willamette Meridian in Redmond, Deschutes County, Oregon. This parcel is subject to the conditions of City of Redmond file number SP 01-48; and, WHEREAS, the CITY is willing to grant approval of the Site Plan, SP 01-48 upon condition that the OWNER/DEVELOPER undertake and maintain certain improvements and satisfy certain requirements as specified herein. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual covenants and agreements herein contained as a condition agreement precedent to the granting of final approval for said Site Plan by the CITY, OWNER/DEVELOPER hereby agree as follows: Section One: IMPROVEMENTS. Except as otherwise agreed to by the parties, within two . years from the date of approval (September 30, 2003), the OWNER/DEVELOPER agrees that once the OWNER/DEVELOPER commences the work under the Building Permit, OWNER/ DEVELOPER shall complete all the requirements of the Site Plan. Section Two: VIOLATION. It is understood by and between the parties that if the OWNER/ DEVELOPER fails to abide by the conditions of this agreement, OWNER/ DEVELOPER may be liable for a civil infraction. In addition to the civil infraction procedure, the City may enforce this agreement by using the process set forth in Section Three below. Section Three: ENFORCEMENT OF THIS AGREEMENT. If the DEVELOPER/ OWNER fails to keep and execute the terms of this agreement, the CITY may, after 30 days of written notification, perform the terms and conditions including but not limited to, the construction, maintenance, and upkeep of the improvements described in the Site Plan, and may charge the same as a valid and enforceable lien upon the property described above. In enforcing the agreement, the City Manager or designee shall notify the landowner and at such time may make a determination of the probable cost of the maintenance. The City Manager or designee shall give the OWNER/ DEVELOPER a period of 30 (thirty) days in which to complete said program. If the DEVELOPER/OWNER does not perform within such time limit, then the CITY may let the program out for bid to the lowest responsible bidder. All costs incurred by the CITY in enforcing performance thereof shall be charged as a lien against the property described herein, and shall be collectable as other CITY liens. Section Four: It is agreed by the parties that performance by DEVELOPER/ OWNER is a benefit to the public and that the CITY may bring an action at law or a suit in equity to obtain readiness including specific performance, injunctive relief or any other available equitable remedy. In the event a suit or action is brought to enforce the • terms of this agreement, the prevailing party shall be entitled to a reasonable attorney fee at trial or on appeal. Section Five: This agreement shall be binding upon the heirs, executors, administrators and assigns of both parties, and is a condition and covenant running with the land and binding upon the above described real property. THIS AGREEMENT has been executed this �l day of CHI) &jE_ , 2001. OWNER/DEVELOPER: Ron Oliver Fire Chief, Redmond Fire Department OFFICIAL SEAL CHARLOTTE M STEINSECK NOTARY PUBLIC- OREGON COMMISSION N0, 342907 MY COMMISSION EXPIRES FEB I1 2005 SUBSCRIBED and SWORN to before me this Z) day of tc At) � 2001. NOTARY PUBLIC FOR OREGON MY COMMISSION EXPIRES �A Its 5— CITY OF REDMOND: r-"Communi y pKelopment Director/Designee Dat NOTARY POPLIC FOR OREG MY COMMIStION EXPIRESNz1a 2002 OFFICIAL SEAL WENDY AKINS NOTARY PUBLIC • OREGON COMMISSLON NO, 314815 MY COMMISSION EXPIRES JULY 26.2002 A 7 -0 VOL: 2001 PAGE: 3303 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *2001-3303 * Vol -Page Printed: 01/23/2001 13:15:11 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and afl:ect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: Jan. 23,2001; 10:33 a.m. OA RECEIPT NO: 31175 DOCUMENT TYPE: Municipal Recordings FEE PAID: $41.00 NUMBER OF PAGES: 2 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK ------------- ----- -------------- T i PARTIAL RELEASE OF PROPERTY FROM REIMBURSEMENT DISTRICT is 0 1�1 Reference is made to Redmond Resolution # 2000-22, which was recorded cn June 27, 2000, at Volume 2000, Page 25378, under the name of Michael Knighten Construction Co Inc, (Tax lot 2401) Official Records of Deschutes County, Oregon, which Resolution was amended by instrument recorded October 27, 2000, at Volume 2000, Page 43550, Official Records of Deschutes County, Oregon. In consideration of reimbursement amounts paid through the City of Redmond, the property and described at Exhibit A, which is attached hereto and by this reference made a part hereof, is hereby released from the provisions of Redmond Resolution # 2000-22 and from the provisions of Boulder Brook Reimbursement District. Except for the property described at Exhibit A to this Partial Release and except for property previously released, if any, all other property described in Resolution # 2000- 22 continues to remain subject to Redmond Resolution # 2000-22. In witness whereof, this Release is executed this ZZ- day of January, 2001. City of Redmond B J Anne Sutherland, City Manager STATE OF OREGON ) )ss. County of Deschutes ) Personally appeared the above named Jo Anne Sutherland, City Manager, of the City of Redmond and acknowledged the fo egoing instrument to be the voluntary act and deed of said City, before me this ay of January, 2001. /5 Notary -Public fo regon My Commission Expires: 2 -2Z -4q OFFICIAL SEAL NANCY !lILANKENBH11IP COM &ION OS30202 YYCOYHISSIOHEVIRESFE844 4004 PLEASE RETURN TO: CIN RECORDERS OFFICE CIN OF REDMOND PO BOX 726 REDMOND, OR 97756-0100 • • a6V=3".a EXHIBIT "A" A parcel of land located in a portion of the Northeast Quarter of the Southeast Quarter of the Southeast Quarter (N1/4SE1/4SE1/4) of Section 8, Township 15 South, Range 13 East of the Willamette Meridian, City Of Redmond, Deschutes County, Oregon, being more particularly described as follows: Commencing at a 3-1/4 inch diameter brass cap marking the Southeast corner of said Section 8; thence along the East line of said Section 8, North 0018'08", East, 661.14 feet; thence leaving said Section line, South 89 47'09" West, 30.00 feet to the TRUE POINT OF BEGINNING of this description; thence continuing South 89 47'09" West, 629.38 feet; thence North 00 16'31" East, 662.55 feet; thence North 89 54'31" East, 628.68 feet; thence South 00 18'08" West, 287.81 feet along a line parallel to and 30.00 feet Westerly of said East line of Section 8; thence leaving said parallel line South 89 42'15" East, 469.99 feet; thence South 00 17'44".West, 184.91 feet thence South 89 42'03" East, 469.96 feet; thence South 0019'08" West, 188.46 feet along a tine parallel to and 30.00 feet Westerly of said South line of Section 8 to the POINT OF BEGINNING. . After recording, return to: City Recorder's Office P.O. Box 726, Redmond, OR 97756-0100 • RECORDING COVER SHEET THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON PRESENTING THE ATTACHED INSTRUMENT FOR RECORDING (ORS 205.234). ANY ERRORS IN THIS COVER SHEET DO NOT AFFECT THE TRANSACTIONS CONTAINED WITHIN THE DOCUMENT. County Filing Index - Deeds Recording Authority - Redmond Code Section 1.500 Requires Recording of documents with the Deschutes County Clerk (Ordinance Number 2001-13) A. Title of Document: Termination Notice of Dangerous Building Property located at: 15-13-09 DA 2000, Deschutes County B. Names of First Parties: One Property Owners, as listed John Brosseak Names of Second Parties: City of Redmond, Oregon C. Name and address of person authorized to receive the instrument after recording: City Recorder's Office PO Box 726 Redmond OR 97756-0100 G.T000MENTRECORDSTORMSVIod vr.wpd MARYDESCSUEHSCOUNTY OFFICIat PENHOLLOW, COUNTY RCLRKs 2 .4 11111111111111111111111 IIIIIII 11111111111 $36,00 0000471 2001003$$0 00200 4 D -MR Cnt=1 St.nn2 TRACY 01�13/Z00! 03;03;57 PM $10.00 $11.00 $10.00 $5.00 1p � � f • • • BY THE BUILDING OFFICIAL OF THE CITY OF REDMOND, OREGON CITY OF REDMOND, ) TERMINATION NOTICE OF DANGEROUS BUILDING v ) 518 N. 61h Street, Redmond, Oregon, Tax Lot 02000 JOHN BROSSEAK ) Map 15-13-09DA STATE OF OREGON ) ss. COUNTY OF DESCHUTES ) I, Gary Wilkins, being duly sworn, certify as follows: 1. That I am the duly appointed Building Official for the City of Redmond, Oregon. 2. That the buildings at 518 N. 61h Street, Redmond, Oregon, Tax Lot 02000, 0 Map 15-13-09DA, have been demolished. 3. That the Certificate of Dangerous Building as filed and recorded in Volume 359 Pages 900 and 901, Deschutes County Oregon, is hereby terminated. �Y xza1�1 OFFICIAL SEAL NOTAR WENPUBLIC -OREGON Building Official COW MYcom I IONE%PIRESOIUl�28 2802 City of Redmond Subscribed and sworn before me this day of U C L*+ Ja ^, , 2000. wte��' 41ZI,% — Notary PubliQpr Oregon My Commission Expires: -i- V-s-zaaZ. Page 1 - Certificate of Dangerous Building PLEASE RETURN TO: CITY RECORDERS OFFICE CITY OF REDMOND PO BOX 726 REDMOND. OR 97756-0100 0 r 1 U .Desebutes County Clerk's Office - 1999-2000 Fee Schedule DESCRIPTION FEE UNIT County Clerk Recording Fees (ORS 205.320) • One page instruments - minimum fee $5.00 • One page instruments - additional page $5.00 Additional fee for non-standard documents pursuant to ORS 205.234 $20.00 When recording instruments that describe two or more transactions, a $5.00 fee for each additional transaction will be charged when involving the same property. ADDITIONAL FEES THAT MAY BE CHARGED: Assessment and Taxation Fee • Documents that convey or contract to convey an estate Recording or interest in real property. fee +20.00 Surveyor's Fee (ORS 203.148) Recording •For recording documents -affecting title to real prop. fee + 10.00 f GIS Fee Recording • To maintain GIS system (except liens) Fee + 5.00 Recording the assignment, release, or satisfaction of any Recording recorded instrument, for each additional instrument being fee + 5.00 assigned, released, or satisfied (ORS 205.320(12)) per entry PARTIAL LIST OF FEES BY DOCUMENT TYPE: LIENS: Minimum Fee (See additional Chattel - Affidavit of Deposit $5.00 fees that may be Chattel - Attorney's Lien $5.00 charged) Chattel - Lien $5.00 Chattel - Lien Satisfaction $5.00 Chattel - Lien Statement of Account. $5.00 Clerks - Lien $5.00 Clerks - Lien Satisfaction $5.00 Clerks - Lien Deferred SDC Lien $5.00 Clerks - Lien Discharge of Property $5.00 Clerks - Lien Certificate $5.00 Clerks - Lien Order of Renewal $5.00 Clerks - Lien Release Bond $5.00 Clerks - Lien Writ of Execution $5.00 Clerks - Partial Satisfaction/Release $5.00 Lien - Affidavit of Deposit/Service $5.00 Lien - Affidavit of Posting $5.00 Lien - Bond $5.00 Lien - Completion Notice $5'00 Lien - Hospital $5'00 Lien - Hospital, Satisfaction of $5.00 Lien - Long Term Care $5.00 Lien - Long Term Care - Discharge of Property $5.00 T :-- _ r ^"" TPrm Care - Satisfaction $5.00 L1H11 - LVla -- '---'-- 1999-00 Fee Schedule Page 31 06/28/99 ACS = Actual Cost of Services DESCRIPTION FEE LIENS - (Continued): Minimum Fe . Lien - Partial Release/Satisfaction $5.00 Lien - Satisfaction $5.00 Lien -Statutory • $5.00 Lien - U. S. Tax Lien Records $5.00 Lien - Waiver of Construction Lien $5.00 UNIT (See additional fees that may be charged) DEEDS: Minimum Fee (See additional fe, Deed - $40.00 that may be Deed - Agreement $40.00 charged) Deed - Agreement (No Conveyance) $10.00 Deed - Agreement, Satisfaction/Termination of $10.00 Deed - Agreement for Extension Lines $10.00 Deed - Annexation Records $10.00 Deed - Assignment of Lease, Security Agreement and $20.00 Deed of Trust - Deed - Bankruptcy Orders/Decrees $40.00 Deed - Bankruptcy Proceedings $10.00 ' Deed - Building Code Exemption $10.00 Deed - By-laws, Declarations $10.00 Deed - Certificate of Merger $10.00 Deed - Certificate of Redemption $20.00 Deed - Certificate of Sale (Sheriff's) $40.00 Deed - Certificate of Sale Assignment (Sheriff's) $40.00 Deed - Consent Affidavit $10.00 Deed - Contract $40.00 Deed - Contract (Correction or a Re-recording) $10.00 Deed - Contract Addendum (No Conveyance) $10.00 Deed - Contract Amendment (No Conveyance) $10.00 Deed - Contract Assignment/Reassignment $40.00 Deed - Contract Cancellation/Relinquishment $40.00 Deed - Contract Forfeiture Affidavit (Contract has been $20.00 forfeited) Deed - Contract Forfeiture - Notice of Default $10.00 Deed - Contract Forfeiture Request for Copies $10.00 Deed - Contract Memorandum $40.00 Deed - Contract Modification $10.00 Deed - Contract, Revocation of $10.00 Deed - Contract Satisfaction $40.00 Deed - Court Records $10.00 Deed - Covenants, Conditions and Restrictions $10.00 Deed - Death Certificate $20.00 Deed - Declaration of Dedication (to Deschutes County) $0.00 Deed - Declaration of Dedication $10.00 Deed - Deed and Assignment $45.00 �J 1999-00 Fee Schedule ACS = Actual Cost of Services Page 32 06/28/99 DESCRIPTION FEE UNIT Deeds (Continued): Minimum Fee (See additional fees . Deed - Department of Motor Vehicles Exemption that may be charged) Application $10.00 Deed - Development Plan $10.00 Deed - Earnest Money Agreement $40.00 Deed - Easement (Public Utility) $20.00 Deed - Easement & Agreement $45.00 Deed - Easement & Covenant $45.00 Deed - Easement Records $40.00 Deed - Interior Corner/Survey (Affidavit of Correction) $10.00 Deed - Land Patent $40.00 Deed - Landlord's Consent $20.00 Deed - Landlord's Consent Release $20.00 Deed - Lease and Option $45.00 Deed - Lease Records (Creating Leasehold Interest) $40.00 Deed - License $40.00 Deed - Lot Line Adjustment $10.00 Deed - Notice to Real Property Manager $10.00 Deed - Option Records $10.00 Deed - Order of Land Inclusion $10.00 Deed - Ordinance (County or City) $10.00 Deed - Partnership Agreement $10.00 Deed - Power of Attorney • Deed - Revocation of Power of Attorney $20.00 $20.00 Deed - Right of Refusal Records $10.00 Deed - Vacation (Street, Road - Deschutes County) $0.00 Deed - Vacation (Street, Road) $10.00 Deed - Waiver & Consent $25.00 Deed - Waiver of Remonstrance $10.00 Deed - Well Ownership $10.00 MORTGAGES: Minimum Fee (See additional fees $20.00 Mortgage that may be charged) Mortgages - Affidavit of Mailing $10.00 Mortgages - Affidavit of Non -Occupancy $10.00 Mortgages - Affidavit of Publication $10.00 " Mortgages - Agreement $10.00 Mortgages - Amended Notice of Default & Election to $20.00 Sell Mortgages - Amendment to Assignment of Rents and $20.00 Leases Mortgages - Appointment of Successor Trustee $20.00 Mortgages - Appointment of Successor Trustee and $25.00 Notice of Default Mortgages - Appointment of Successor Trustee and $25.00 • Deed of Partial Reconveyance 1999-00 Fee Schedule ACS = Actual Cost of Services Page 33 06/28/99 DESCRIPTION FEE UNIT • MORTGAGES - (Continued): Minimum Fee (See additional fees Mortgages - Appointment of Successor Trustee and $10.00 that may be charge Deed of Reconveyance $25.00 $25.00 Mortgages - Assignment of Deed of Trust and Request $10.00 Mortgages - Mortgage and Assignment for Notice $25.00 $10.00 Mortgages - Assignment of Lease (Security Purposes $20.00 Mortgages - Notice of Intent to Forfeit Real Property Only) $20.00 $10.00 Mortgages - Assignment of Leases and Rents $20.00 Mortgages - Notice of Non -Judicial Sale Mortgages - Assignment of Mortgage $20.00 $10.00 Mortgages - Assignment of Rents $20.00 Mortgages - Partial Reconveyance Mortgages - Assumption Agreement $20.00 $20.00 Mortgages - Deed of Reconveyance $20.00 Mortgages - Release Mortgages - Deed of Trust $20.00 Mortgages - Deed of Trust Assignment $20.00 Mortgages - Release of Assignment of Leases & Rents Mortgages - Deed of Trust and Assignment of Rents $25.00 Mortgages - Deed of Trust and Fixture Filing $25.00 Mortgages - Deed of Trust, Assignment of Rents, Financing Statement $30.00 Mortgages - Deed of Trust and Request for Notice of Default $25.00 Mortgages - Designation of Trustee and Deed of Reconveyance $25.00 • Mortgages - Extension of Mortgage or Trust Deed $10.00 Mortgages - Master Form $10.00 Mortgages - Modification $20.00 Mortgages - Modification and Extension $25.00 Mortgages - Mortgage Addendum $10.00 Mortgages - Mortgage and Assignment $25.00 Mortgages - Non -Military Service $10.00 Mortgages - Notice of Default and Election to Sell $20.00 Mortgages - Notice of Intent to Forfeit Real Property $10.00 Mortgages - Notice of Lis Pendens $10.00 Mortgages - Notice of Lis Pendens Release $10.00 Mortgages - Notice of Non -Judicial Sale $20.00 Mortgages - Notice of Seizure $10.00 Mortgages - Notice of Tax -Deferred Properties $10.00 Mortgages - Partial Reconveyance $20.00 Mortgages - Partial Satisfaction - Partial Release $20.00 Mortgages - Proof of Service $10.00 Mortgages - Release $20.00 Mortgages - Release of Assignment of Lease (Security Purposes Only) $20.00 Mortgages - Release of Assignment of Leases & Rents $20.00 • Mortgages - Release of Notice of Intent to Forfeit Real Pronertv $10.00 1999-00 Fee Schedule ACS = Actual Cost of Services Page 34 06/28/99 UNIT DESCRIPTION FEE • MORTGAGES - (Continued): Minimum Fee (See additional fees Mortgages - Release of Tax Lien for Senior Citizen's that may be charged) Tax Deferral $10.00 Mortgages - Request for Copies of Notice of Default $10.00 Mortgages - Rescission of Notice of Default $10.00 Mortgages - Resignation of Trustee $20.00 Mortgages - Resignation of Trustee & Appointment $20.00 Mortgages - Satisfaction and Reassignment $25.00 Mortgages - Satisfaction of Mortgage $20.00 Mortgages - Subordination Agreement $20.00 Mortgages - Substitution of Trustee $20.00 Mortgages - Substitution of Trustee and Deed of Reconveyance $25.00 Mortgages - Supplemental Indenture $10.00 Mortgages - Trustee's Notice of Sale $20.00 Mortgages - UCC Fixture Filing Documents $10.00 Mortgages - UCC Non -Standard Fee $10.00 Deed or other instrument conveying an interest in real estate to State of Oregon or to Deschutes County $0.00 Mining Claims (Location, Affidavits, Cert. of $10.00 per page • Ownership) (ORS 517.220) each additional claim included in the affidavit shall be recorded for an additional fee of .50 per claim ) (ORS 517.220, 517.030, 517.290 Dormant Mineral Interest $5.00 per page Articles of Incorporation $5.00 per page Bill of Sale $5.00 per page Military Discharge $0.00 Recording Authority to Perform Marriage $5.00 Location and Copy Fees (ORS 205.320): Location fee $3.75 Supplying copies for same $0.25 per page Certifying Copies $3.75 Official Certificate $3.75 per document For taking and certifying acknowledgment or proof of $3.75 per document execution of any instrument Copies for veterans seeking G.I. benefits $0.00 Certified copy of Marriage Certificate $7.75 Additional copies requested at same time $4.00 each Copies printed on reader -printer $0.50 per page Copies printed on copy machine $0.25 per page • Computer printout for recordings $0.50 per page 1999-00 Fee Schedule ACS = Actual Cost of Services Page 35 06/28/99 • 0 DESCRIPTION FEE UNIT Microfilm $20.00 per roll Passport Processing Fee $15.00 each Microfiche: Set-up charge $5.00 per set Frames $0.01 per frame Duplicates $0.15_per page UCC search (ORS 79.4070) $3.75 per name Copy fees for documents $0.25 per page Search includes UCC fixture filings and federal tax liens (10 years) The fees for research service shall be $20 per hour based on actual costs incurred. Amounts of less than one hour shall be charged in 1/2 -hour increments. Recording Access Fee $425.00 ver month Plats - By Lot Size - Price Varies (ORS 205.320): 20 lots or less $50.00 21 through 29 lots $55.00 ' 30 through 49 lots $60.00 50 through 74 lots $65.00 75 through 100 lots $70.00 over 100 lots $70.00 + $0.10 per lot over 100 Partition Plats $25.00 Licenses: Antique Dealers License (Initial Fee) $50.00 Antique Dealers License (Renewal Fee) $25.00 Board of Property Tax Appeals Hearing Cassette Tape Copy $5.00 Marriage License (ORS 205.320) $55.00 Base $25.00 Conciliation $5.00 Domestic Violence $25.00 Replacement of lost marriage license $10.00 OLCC License Approval (ORS 471.210) $25.00 Solemnizing a Marriage: During business hours $15.00 After business hours in Bend $50.00 + mileage After Business Hours out of Bend $50.00 + mileage Note: mileage to be paid at .31 per mile. 1999-00 Fee Schedule ACS = Actual Cost of Services Page 36 06/28/99 Susie Penhollow From: Bruce White lbrucew@deschutes.org] ant: Wednesday, December 29, 1999 5:18 PM o: Susie Penhollow; Rick Isham Subject: Fw: Recording Documents -----Original Message ----- From: DAMIANS <DAMIANS®co.deschutes.or.us> To: 'pinrs®deschutes.org' <pinrs®deschutes.org>; 'geralyn_haas®co.deschutes.or.us' <geralyn_haasoco.deschutes.or.us> Cc: 'brucewmco.deschutes.or.us' <brucew@co.deschutes.or.us> Date: Wednesday, December 29, 1999 3:30 PM Subject: Recording Documents >Please be aware that legislation passed by the 1999 Legislature is now in >effect that gives the County Clerk discretion in recording certain types of >documents. Bruce has informed us that, >1). The SMIA Zone Waiver of Remonstrance will be modified and will become >a "Waiver of Remonstrance Easement" with internal changes to include a >property and property owner that will benefit from the easment. It cannot >be recorded in its current form. >2) The Improvement Agreement and the Conditions of Approval Agreement are >NOT RECORDABLE. Do not include these documents as conditions of approval >until further notice. 3) We can continue to use the Conservation Agreement once we change the title of the document to a "Conservation Easement." Please delete any >copies of this document that you may have that use the old title. I will >change the title of the document that is currently in the Shells file on >the server. >Please save this message for reference. Thanks. >Damian Syrnyk, AICP >Associate Planner >Deschutes County Community Development >117 NW Lafayette Ave >Bend, OR 97701 >(541) 385-1709 Fax (541) 385-1764 >damians@co.deschutes.or.us >website: http://newberry.deschutes.org 1 0 • VOL: 1999 PAGE: 46850 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *199946850 *Vol -Page Printed: 09/27/1999 10:25:36 i r. DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Sep. 27, 1999; 10:25 a.m. 11796 Waiver of Remonstrance NUMBER OF PAGES: 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK ( �_CPrey S .�,eS • e Nd i p710/ It�Tedl WAIVER OF REMONSTRANCE As a condition of the grant of development approval, pursuant to Chapter 18.56 of the Deschutes County Code, for Tax Lot 5100 of Township 18, Range 11 E.W.M., Section 26D, and further described as 60055 Crater Road, Deschutes County, Oregon, I/we hereby waive any right of remonstrance or protest that I/we may have in the property described above, to the visual, noise, dust, reclamation, traffic and any other similar impacts from the following activities: /K, f- 7 zy It toex .117 , 6 e s eA i-rs k, v<r wMds ---a DeschKeos C0641i4j', <n0yen (1) Surface mining activities lawfully conducted in connection with a pre-existing mine, as that term is defined in Section 18.52.160(B) of the Deschutes County Code, for the property described on Assessor's Map No. 18-11-25C as Tax Lot No. 12600, and Assessor's Map No. 18-11-26D as Tax Lot No. 1600, which is also known as Site No. 381, in the Deschutes County Comprehensive Plan Surface Mining Element, (hereafter referred to as "the adjacent surface mining site"); or (2) Surface mining activities that might be lawfully conducted in the future on the adjacent surface mining site under County or State permits or exemptions. This Waiver of Remonstrance runs with the land and is binding upon our heirs, successors and assigns or any persons acquiring through us an interest in the property described above. /,//—/ ( - -, �,Q Pion Chaddy les STAT cn e�o� County of �1�1 STATE OFcJ-O—Y—, CountyfdSOI oas UPa On this :j�# day of IP_,1999, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Jeffrey S. Pies and 660.ridc L. AeS � Ghat- Pleswho are known to me to be the identical individuals described in and who executed the within instrument and acknowledged to me that they executed the some freely and voluntarily. IN WITNESS WHEREOF, I have here" o set my hand and affixed my official seal the day and year last above written. WoOry Public for oalib OFFICIAL 8EAL My Commission Expires: . rd7b LYNETTE K i11111IFERTJOTARY PUBLIC -OREGON / / MISSION NO. 3`19374 <J MY COMMISSION EXPIRES JAN. 5, 2009 `� ��+C �( �✓ �{r,c^,' to �Q TIFFANY cocNRUv1 �N1VC 1Q11` i r�� � NOTARY PUBLIFOWDON COMMISSION NO. 305267 w Niw mw DrM SEFE 2E. 2001 40 --------------------- VOL: 1999 PAGE: 34543 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES 11111111111111111111111111111111 !!11111111111111111111111111 *1999-34543 * Vol -Page Printed: 07JI4/1999 11:26:09 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATI- AND TIME: RECEIPT NO: DOCUMENT TYPE: FEE PAID: Jul. 14, 1999; 11:25 a.m. Follueff Waiver of Remonstrance $10.00 NUMBER OF PAGES: 1 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK ---------------------------- DPS WAIVER OF REMONSTRANCE 9�-�ysy3 i As a condition of the grant of development approval, pursuant to Chapter 18.56 of the Deschutes County Code, for Tax Lot 6900 of Township 18, Range 11 E.W.M., Section 25C, and further described as Lot 11, Block P, Deschutes River Woods, Deschutes County, Oregon, I/we hereby waive any right of remonstrance or protest that I/we may have in the property described above, to the visual, noise, dust, reclamation, traffic and any other similar impacts from the following activities: (1) Surface mining activities lawfully conducted in connection with a pre-existing mine, as that term is defined in Section 18.52.160(B) of the Deschutes County Code, for the property described as 18-11-25C, tax lot 12600, and 18-11-26D, tax lot 1600, which are also known as Site No. 381, in the Deschutes County Comprehensive Plan Surface Mining Element, (hereafter referred to as "the adjacent surface mining site"); or (2) Surface mining activities that might be lawfully conducted in the future on the adjacent surface mining site under County or State permits or exemptions. This Waiver of Remonstrance runs with the land and is binding upon our heirs, successors and assigns or any persons acquiring through us an interest in the property described above. Russell B. Abt uzlubCG> lis C G ¢arbara Abt STATE OFg� ) COUNTY OF ss. .d_-� The foregoing instrument was acknowledged before me by Russell B. Abt and Barbara Abt dated this day of 1999. Notary Public for Ofegon /d/3 My Commission Expires 01/97-slr OFFICIAL SEAL CINDY L WARREN NOTARY PUBLIC-OREGON COMMISSION NO. A047583 MY COMMISSION EXPIRES OCT. 3 7999 J, ('14e) COW �"Y;�UV� �-fz� IJC���e��✓►'�-cry � Lac°�� i I Or,egon Counties Gateway to Indexes http://www.wasatch.com/-dsam/sampubco/oregon.htm 0 Oregon Counties Gateway to Indexes Baker I Benton I Clackamas I Clatsop I Columbia I Coos I Crook I Curry I Deschutes I Douglas I Gilliam I Grant I Harney ( Hood River I Jackson I Jefferson Josephine I Klamath I Lake I Lane I Lincoln I Linn I Malheur j Marion I Morrow I Multnomah I Polk I Sherman I Tillamook I Union I Wallowa I Wasco I Washington Wheeler I Yamhill Click here for Search and Order Instructions 1. Baker - 22 Sep 1862 from Wasco, parts for Malheur 1887, Union 1864 2. Benton - 23 Dec 1847 from Polk, parts for Lincoln 1893, Umpqua 1851 (Douglas) 3. Clackamas - 5 Jul 1843 Oregon Territory, parts for Multnomah 1854, Wasco 1854 4. ClatSop - 22 Jun 1844 from Twality, part for Tillamook 1853 census) 5. Columbia - 16 Jan 1854 from Washington naturalizations 6. COOS - 22 Dec 1853 from Umpqua, Jackson, part for Curry 1855 7. Crook - 24 Oct 1882 from Wasco, parts taken for Deschutes 1916, Jefferson 1914, Wheeler 1899 8. Curry - 18 Dec 1855 from Coos 12- 11- M & 4-n, Cl -cry k- 10. Douglas - 7 Jan 1852 from Umpqua, absorbed remainding part of Umpqua 1863. Part taken for Wasco 1854. census 11. Gilliam - 25 Feb 1885 from Wasco. Part for Wheeler 1899. 12. Grant - 14 Oct 1864 from Wasco and Umatilla, parts for Harney 1889, Wheeler 1899 13. Harney - 23 Feb 1889 from Grant. 14. Hood River - 23 Jun 1908 from Wasco. 15. Jackson - 12 Jan 1852 from Umpqua, parts taken for Coos 1853, Josephine 1856, Lake 1874, Wasco 1854. 16. Jefferson - 12 Dec 1914 from Crook 17. Josephine - 22 Jan 1856 from Jackson. 18. Klamath - 17 Oct 1882 from west part of Lake. 19. Lake - 24 Oct 1874 from Jackson, Wasco. Part for Klamath 1882. 20. Lane - 28 Jan 1851 from Linn, Umpqua. WPart for Wasco 1854. 21. Lincoln - 20 Feb 1893 from Benton, Polk. 22. Linn - 28 Dec 1847 from Champoeg. Parts taken for Lane 1851, Umpqua 1851, Wasco 1854. 23. Malheur - 17 Feb 1887 from Baker 24. Marion - 5 Jul 1843 Oregon Territory as Champoeg. Part for Wasco 1854 25. Morrow - 16 Feb 1885 from Umatilla naturalizations 1 26. Multnomah - 22 Dec 1854 from Washington & Clackamas 27. Polk - 22 Dec 1845 from Yamhill, parts for Benton 1847, Lincoln 1893, Tillamook 1853. 28. Sherman - 25 Feb 1889 from Wasco. 29. Tillamook - 15 Dec 1853 from Clatsop, Polk, Yamhill 30. Umatilla - 27 Sep 1862 from Wasco. Parts for Grant 1864 and Morrow 1885. 31. Union - 14 Oct 1864 from Baker. Part for Wallowa 1887 32. Wallowa - 11 Feb 1887 from Union 33. Wasco - 11 Jan 1854 from Clackamas, Marion, Linn, Lane, Douglas, Jackson. Parts for Baker 1862, Crook 1882, Gilliam 1855, Grant 1864, Hood River 1908, Lake 1874, Sherman 1889, Umatilla 1862. naturalizations 1 34. Washington - 5 Jul 1843 Oregon Territory as Twality. Renamed 22 Dec 1845. Parts for Columbia 1854, Multnomah 1854. 1 of 2 10/21/98 21:45:33 4 Oregon Counties Gateway to Indexes 35. Wheeler - 17 Feb 1899 from Crook, Gilliam, Grant 36. Yamhill - 5 Jul 1843 Oregon Territory. Parts for Polk 1845 and Tillamook 1853. -- - --- ----------------- --- Alabama IT11. Go To 1998 ® W. David Samuelsen 2 of 2 http://www.wasatch.com/--dsani/sampubco/oregon.htm 10/21/98 21:45:37 U 0 - 2� Office of the County Clerk Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701 Telephone: (541) 388-6544 Facsimile: (541) 389-6830 To: Deschutes County Recording Staff From: Susie Penhollow, County Clerk Re: City of Bend Documents Mary Sue "Susie" Penhollow, County Clerk The City of Bend will be recording documents that are sewer service agreements, development agreements, sewer hook-up agreements, etc. According to the City's legal counsel, the documents will be submitted with a cover sheet and be clearly labeled as a License. The statutory requirements for a cover sheet will be the same as for all recorded documents. If the document is labeled with a title that is recordable pursuant to the Recording Guidelines, it will be recorded under that title. If the document is labeled with a title that is not acceptable under the Recording Guidelines, we must have a copy of the City's Resolution or Ordinance that allows the recording of that document. Effective June 21, 2000, all parties to city agreements must be notorized — including the cities. If you have any questions or input, let me know! Quality Services Performed with Pride 06/20/00 TUE 15:07 FAX 5415885519 CITY OF BEND 0002 0 LL C�ri (ORS 093.710 (1)) (Relating to realty, connection to and use of City of Bend public facilities; obligation to develop facilities; obligadon to maintain facilities and covenant running with the land.) This recording cover sheet has been prepared by the person presenting the attached instrument for recording (ORS 205.234). Any errors in this covcr sheet do not affect the transactions contained within the document. Deschutes County FQing Index — DEEDS DATE: (,;:p - cz 0 - Ov PARTIES: City of Bond UX S DEVELOPER (S) OWNER(S) USER (S) JuLf� �. �iMn�3 • Rcturn to City of Bend PO Box 431 Bend, OR 97709 • TE 0 � LU r'! -: F3.,. 14 _> /1" - May 25, 2000 Office of the County Clerk Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701 Telephone: (541) 388-6544 Facsimile: (541) 389-6830 Mary Sue "Susie' Penhollow, County Clerk To: City Recorders and Municipal Corporations in Deschutes County From: Susie Penhollow, Deschutes County Clerk Re: Recording of City and County Documents I recently met with our county legal counsel regarding the 1999 amendments to the State of Oregon recording statutes under which I receive and record documents. The 1999 legislation provided that only documents that are "required or permitted by law to be recorded" may be recorded. The law also requires that all documents be clearly labeled. Historically, all recording authority has been set forth in state law. Since January, pursuant to the 1999 amendments, my office has only accepted for recording clearly labeled documents required or permitted by state law to be recorded. Some cities and other municipal corporations have questioned this interpretation. A number of documents have been offered for recording with labels that are not recognized in state statute. Several county clerks, upon advise from their legal counsels, have interpreted the 1999 legislation more liberally and recently allowed documents from municipal corporations to be recorded even though there is no clear state statutory authority for such recordings. Some counties provide for the recording of municipal documents, provided that the document's authority to be recorded is set forth in a city ordinance. The counties following this procedure have adopted various methods by which a municipal corporation may record a document that is not clearly labeled pursuant to state law, so long as the authority to record the document, by ordinance reference, is stated on the face of the document. After reviewing this situation further with legal counsel, it was felt that I am able to make an exception to the clearly labeled requirement set forth in state statute under the following circumstances and record municipal documents as follows: 1. A document may be recorded when there is a city, county or special district ordinance, or state administrative rule, which requires or permits the document to be recorded with the county clerk. Quality Services Performed with Pride 0 May 25, 2000 Page 2 2. If a document has a nonstandard title, it will only be accepted for recording, if, on the face of the document, the index in which the document is to be recorded is clearly set forth, along with a reference to the ordinance authorizing its recording. A copy of the ordinance authority must be furnished the first time the non-standard titled document is offered for recording. 3. The indexes available and required to be designated in the Deschutes County Clerk's records are: • Deeds; • Mortgages; • Chattel Liens • Statutory Liens • Mortgages • U.S. Tax Liens; and • Mining Records; 4. All non-standard titled documents recorded by a municipal corporation will be indexed in one of the above categories as the face of the document directs, and will be coded as a municipal recording in that index. 5. All parties to the document must properly acknowledge all documents. 6. Documents clearly labeled pursuant to state statute need not indicate in which index they are to be recorded; and 7. Any documents not clearly labeled pursuant to state law, which do not contain an index designation shall be rejected and returned as unrecordable. If you have any questions, please feel free to contact me. Ll 0� -0 December 9, 1999 Carl Dutli City Attorney 545 NE r Prineville, OR 97754 Location Address - 716 SW EVERGREEN CITY OF REDMOND Mailing Address - P.O. BOX 726 MOND, OR 97756-0100 DESCHUTES COUNTY, O�REGON / (541) 923-7710 nn � y p AIRPORT 504-3495 _ `LOW /^IMMUNITY DE ELOPMENT 923-7721 MaEZY SU t N �5 P LIC WORKS 504-2000 COUNTY LFRK C� S� RE: Changes in Recording Laws Attached are some materials I received from the County Clerk Susie Penhollow regarding changes in recording laws and thought it might be helpful for you to have also. In talking with Susie, there are several outstanding questions about certain types of documents the City has had recorded in the past and the ability to continue to record them. One example she gave me of a questionable document was our "Deferred System Development Charge Lien" which I could not find on the list either. She has forwarded these concerns on to Rick Isham, County Counsel, who was going to have to research them. Susie and I thought it might be helpful if you called him to discuss the matter. I am concerned that the SDC liens, the various development agreements, reimbursements and other documents authorized by the City may not be recordable under this new legislation. Although, some may just be a matter of a revising the title. Susie also mentioned that if we can provide authority to record documents that are not on the list, they would record them for us. I have attached copies of the development documents I got from Community Development and the lien documents from Finance. There are other documents that are prepared infrequently that we will probably need to review as we do them. I was sending Susie a copy of these same documents for her to forward on to Rick Isham. Let me know if I can provide you with any other information or assistance regarding this matter. Thank you. SincereI , X_ ) Nancy Blankens lip, City Recorder a Susie Penhollow, County Clerk FAX NUMBERS: AIRPORT (541) 548-0591 • CITY HALL 548-0706 • FIRE DEPT. 548-5512 • POLICE 504-3490 • PUBLIC WORKS 548-0253 • 0 DUTLI & WILSON LLP Attorneys at Law 848 NE Seventh Street Prineville, Oregon 97754 Carl M. Dutli Jeff M. Wilson Nancy A. Borneman October 26, 2000 Susie Penhollow Deschutes County Clerk 1340 NW Wall Street Bend, OR 97701 RE: City of Redmond Reimbursement Districts Dear Susie: 841-447-3910 Fax 841-447-7827 You and I have talked about Reimbursement Districts recently. Enclosed is a Notice of Reimbursement District form that we plan on recording with you when reimbursement districts are formed. We will attach to the Notice the legal descriptions of the properties that are subject to the reimbursement districts. Also enclosed is the Partial Release of Property From Reimbursement District form. The form, together with the legal description of property released from the reimbursement district, would also be recorded in your office. We would appreciate it if you would review the forms and get back to me with your comments. Sincerely yours, Carl M. Duth CMD/nw Enclosure C Nancy Blankenship G:\WP61 \NANCY\COR\RECORDER\SUSIE.LTR • Reference is made to Redmdnd Resolution # 2000-22, which was recorded on 2000, at Book , Page , Deed Records of Deschutes County, Oregon. In consideration of reimbursement amounts paid through the City of Redmond, the property described at Exhibit A which is attached hereto and by this reference made a part hereof is hereby released from the provisions of Redmond Resolution # 2000-22 and from the provisions of Boulder Brook Condominiums Reimbursement District. Except for the property described at Exhibit A to this Partial Release and except for property previously released, if any, all other property described in Resolution # 2000-22 cont* nuest remain subject to Redmond Resolution # 2000-22. In witness whereof, this Release is executed this Ci inC'h - Cam-'�"w• � vi q . By J 1 2. 0 r - ST, COL Red city • G:\WP61\NANCY\COR\RECORDER\PROPERTY.REL day of 12000. icy McClain, Finance Director, of the City of ment to be the voluntary act and deed of said 2000. Notary Public for Oregon My Commission Expires: After recording, return to: City Recorder's Office P.O. Box 726, Redmond, OR 97756 Notice of Formation of Reimbursement District County Filing Index - DEEDS • Recording Authority - Redmond Code Section 4.640 Requires Recording Notice of Formation and Nature of Reimbursement District (Ordinance No. 98-36) Notice is hereby given that the City of Redmond has formed a Reimbursement District. Information concerning the Reimbursement District is as follows: A. Title of document: City of Redmond Resolution #2000 - Name of Reimbursement District: (name) Date formed: {date approved by Council) Property located at: (brief description of property location, use street or subdivision name) B. Names of first parties: {# of) Property Owners. Legal description of properties to be benefitted and amount due from each parcel are shown on the attached Exhibit A. {list of legal names only of property owners being assessed) Names of second parties: City of Redmond, Oregon C. Estimated reimbursement amount: $Rota/ amount reimbursements) D. Name of person requesting reimbursement: {name of developer) . E. Public improvement involved: (list appropriate infrastructure such as water, sewer, and/or streets) Persons purchasing any of the properties described at Exhibit A need to verify with the City of Redmond Finance Department the amount of reimbursement. Nancy Blankenship, City Recorder City of Redmond STATE OF OREGON )ss. County of Deschutes Personally appeared the above named , of the City of Redmond an acknowledged the foregoing instrument to be the voluntary act and deed of said City, before me this day of , 2000. Name and address of person authorized to receive the instrument after recording: City Recorder's Office • PO Box 726 Redmond OR 97756-0100 r•��nanirvinnrctTeuani.a:...rr roe ,....,� instructions for Exhibit "A": 0 Include with or add to each legal description: • • name of the property owners) amount due tax lot number(s) e'A%AAU-e'A UClTCMdA1..ti..rY /7\ .—A • NEW LAWS EFFECTIVE OCTOBER 23,1999 • (SB 29) SOCIAL SECURITY NUMBERS (NEW ?— EFFECTIVE APRIL, 1999) The written application for marriage license on forms provided for this purpose by the Health Department shall include the applicant's Social Security number. (This was mandated out of the Social Security Agency. Doesn't mandate that there is a Social Security number on form) 1 MARRIAGES HB 2925: (NEW) (AFFIDAVIT OF AUTHORITY TO PERFORM MARRIAGES. 1. Ministers solemnizing marriages must have an Affidavit of Authority to Perform marriages filed on record with the county in which the minister resides or in which the marriage is solemnized. 2. A person authorized to solemnize marriages may solemnize a marriage anywhere in this state. 3. In the case of a nonresident minister, the filing required of this section must be in any county in which the minister performs any marriage ceremony, but no minister shall be required to file such affidavit of authority in more than one county. i4. The affidavit of authority shall be recorded by the county clerk in a book called "Authority to Solemnize Marriages" for which the county clerk shall charge of $5.00. 5. If a member is no longer a member in good standing of the organization that authorized the person to perform marriage ceremonies, the organization shall file an Affidavit of Revocation of Authority to Perform Marriages with the county clerk of the county where the original affidavit of authority was filed. 6. The record of marriage maintained by a county clerk is a public record and subject to full disclosure. • (SB 29) SOCIAL SECURITY NUMBERS (NEW ?— EFFECTIVE APRIL, 1999) The written application for marriage license on forms provided for this purpose by the Health Department shall include the applicant's Social Security number. (This was mandated out of the Social Security Agency. Doesn't mandate that there is a Social Security number on form) 1 • RECORDING: (SB 12) BUILDING PERMITS/LANDSLIDE AREA (NEW) Record nonrevocable deed restriction in the deed records for the county where the property is located that the landowner signs and acknowledges, that contains a legal description and that prohibits any present or future owner of the property from bringing any action against adjacent landowner about the effects of rapidly moving landslides. HB 2775: (NEW) (Section 1) The Division of State Lands, Justice Department, Bureau of Labor & Industries, and all other state agencies will have to pay the recording fees in order to record documents. Repeals ORS 205.400 which means recording fees will be charged on deeds conveying title to the State of Oregon. HB 2775: (AMENDED) (Section 2) Deletes the county clerk from the exception of paying filing and is recording fees by the Support Enforcement Division. HB 2775: (AMENDED) (Section 3) Repeals exception to paying recording fees by Bureau of Labor & Industries. Agency will have to pay the recording fee. • HB 2775: (AMENDED) (Section 4,5 & 6) Repeals exception to paying recording fees by Division of State lands. Agency will pay recording fees. HB 2775 (AMENDED) (Section 7) Repeals exemption from paying recording fees by the Department of Business and Consumer Affairs. Agency will pay recording fees. 2 HB 3581: (Section 22) (Clerk to collect 5% of any fee — NEW) Provides for the clerk to collect 5% of any fee or tax that is not collected for the benefit of the County Clerk. Clerk is to use such money for acquiring storage and retrieval systems, payment of expenses in collecting the fee or tax and maintaining and storing record as authorized by the county clerk. Exempts collecting the 5% fee from the Domestic Violence Fund and tt Conciliation Fund. HB 3581 (Conveying Title to Political Subdivision — NEW) An instruments conveying title or interest to the State of Oregon, county, city or other political subdivision may not be recorded unless the instrument carries an indication of approval of the conveyance by this state or the political subdivision accepting title or interest. mjf � � `re 1L (Cooperative Contract— AMENDED)OT Changes "file" to "record" and delete references to recording in books. 12 References fee to ORS 205.320. County Clerk shall record each contract alphabetically in the Cooperative Contract Record. (Mortgage Indexes — AMENDED (Housekeeping) Repeals references to notations on the original documents and the entering of the word "satisfied" in the index of mortgages. Release of Lien (AMENDED) The County Clerk shall record a written release of the lien or the county treasurer in whose office money is deposited under ORS 87.076 shall return the money to the person who made the deposit when (1) a suit to foreclose the lien is not commenced within the time specified; (2) The person who recorded the bond or deposited the money presents a certified copy of a court's order for the release of the bond or all or some of the money to that person; (3) The person who recorded the bond or deposited the money presents a written release of lien signed by the lien claimant. HB 3581 (Section 7) DEFINES CONSIDERATION (AMENDED) 93.030. "Consideration" includes the amount of cash and the amount of any lien, mortgage, contract, indebtedness or other encumbrance existing against the property to which the property remains subject or which the purchaser agrees to pay or assume. Refers to current verbage in statutue. 3 T • ACKNOWLEDGEMENTS 93.410 Documents conveying title or interest shall be acknowledged unless otherwise provided by law. Tightens the language. Used to be "may". CLARIFIES RECORDABLE DOCUMENTS; CONSOLIDATED INDEXES (AMENDED) All other real property interests required or permitted by law to be recorded shall be recorded in the records maintained under ORS 205.130 or in records established under any other law. Counties using a consolidated index shall record deeds and mortgages and index them in the consolidated index in such a manner as to identify the entries as a deed or mortgage record. All other real property interests required or permitted by law to be recorded shall be recorded in the records kept and maintained under ORS 205.130 or in records established under any other law. DELETES REFERENCES- BOOK & PAGE (AMENDED) (10 & 11) Every instrument is considered recorded at the time it was so certified. DELETES THE TERM "FILE" (AMENDED) (Section 12) Deletes the term "file" and the requirement that a "receipt be returned immediately" to a board or commission. DOCUMENTS REQUIRED BY LAW TO BE RECORDED (Section 14) Documents affecting the title to real property required or permitted by law to be recorded. — DEATH CERTIFICATES (NEW) (HB 3581 AND HB 2774) _ Notwithstanding any other law, death certificates recorded in the county deed records are no longer vital records as defined by ORS 432.005 and are public records that are open and subject to full disclosure. Death Certificates can be certified as part of the Deed Record as we would any other document we have recorded.: Certify death certificate as "Deed Record" not as death certificate. M R • RELEASES, SATISFACTIONS, MODIFICATIONS, ETC. (Sec 14d) Provides for the recordation of releases, satisfactions, assignments, amendments, and modifications of recorded instruments. Currently there is not statutory authorization for most amendment and modification documents affecting recorded instruments. This allows their legal recordation. It also allows for other instruments that do not affect title or interest in real property to be recorded when they are required or permitted by law to be recorded. • ILLEGIBLE DOCUMENT (AMENDED) (Section 15) Whenever the text of a document presented for record may be made out but is not sufficiently legible to reproduce a readable photographic record, the County Clerk shall require the person presenting it for record to substitute a legible original document or prepare a true copy thereof by handwriting or typewriting and attach the same to the original as a part of the document for making the permanent photographic record. CERTIFIED COPY (AMENDED) (Section 16) A transcript of the record of any instruments duly recorded by the county clerk in any county under the authority of ORS 205.130 and 205.190 or a photographic or photostatic copy thereof, duly certified by the county clerk, under the seal of office, may be recorded in the office of any county clerk or read in evidence in any court with like force and effect as the original instrument. INDEXES (REQUIRED INFORMATION) (AMENDED -Section 17) A combined index shall contain: Date and time of reception; names of grantees and grantors; type of instrument; recording number; brief description of tract; to whom delivered; fees received; when available a reference to the instrument being released or discharged; such other information as the county clerk may require and the county clerk shall provide public access to the combined index. Deletes requirement of a printout or computer tape be made each year. 5 RECORDING CERTIFICATE (AMENDED) (Section 18) Whenever any instrument has been received for record, the county clerk shall immediately place upon such instrument a certificate noting the day, hour and minute of its reception and fees received for record and, when recorded, a reference to where it is recorded. The date of record of such instrument is the date of recordation. After such instrument has been recorded the County Clerk shall return it to the person who recorded or is authorized to receive the same, writing the name of the person to whom it is delivered in the record. (HB 3581) RECORDABLE DOCUMENTS (AMENDED) (Section 21) Lists more documents required by law to be recorded. (SB 81) SATISFACTION OF JUDGMENT (Section 6) The Recording of a Satisfaction of Judgment is exempt from the $10 Assessment and Taxation Fund fee and the $1.00 Oregon Land Information System Fund Fee. (HB 3581) RECORDING FEE CHANGES (AMENDED) (Section 22) 1. For filing and making entry of any instrument required or permitted by law to be filed — when it is not recorded - $5 for each page. 2. For supplying copies of records or files, not more than $3.75 for locating a record and 25 cents for each page. 3. Changes fee for recording municipal assessment liens from $5 per page to $5 per lien. 4. In addition to and not in lieu of the fees charged for each additional assignment, release or satisfaction of any recorded instrument, $5. 5. In addition to and not in lieu of the fees charged, for each additional transaction described under ORS 205.236, $5. (Satisfactions, Assignments and Releases. _ 6. In addition to and not in lieu of the fees charged, for each additional lien recorded under ORS 311.657, $5. (Senior Citizen Deferral, Mortgage Records). 7. For preparing and recording the certificate under ORS 517.280, $20 of such other fee as set by the Governing Body. (Certificate of ownership -have only recorded one -we have the form). 8. In addition to and not in lieu of the fees charged, for each additional claim listed on an affidavit of annual compliance under ORS 517.210, $5. (Mining Claims Assessment Work). on 0 9. In addition to fees charged for each additional name listed on a cooperative contract of termination. (62.360) (HB 3581) AFFIDAVIT OF CORRECTION (AMENDED) (Section 23) The County Clerk shall promptly return the recorded affidavit to the county surveyor. (HB 3581) ASSESSMENT LIEN ON PROPERTY OUTSIDE CITY LIMITS. (AMENDED) (Section 24) County Clerk shall record the tranxcript referred to in mortgage records and properly index it. Transcript shall be recorded showing the amount of assessment. (Changes file to record). (HB 3581) CITY CERTIFICATE OF SALE (AMENDED) (Section 25) Replace "file" with "record." Deletes reference to "notations in the margin of the record. (HB 3581) REPEALS FEE (REPEALED) (Section 37) Repeals fee for clerk to prepare a copy of an illegible instrument. (HB 2295) DEED DISCLOSURE LANGUAGE (AMENDED) (Section 19 2, 31A) (93.040) Adds land use disclosure language of ORS 93.040 to the Warranty, Special Warranty, Bargain and Sale and Quitclaim Deed Forms. (Following statement of exceptions, here insert statement required under ORS 93.040(1). (SB 351) DUPLICATE ORIGINAL (ADDS) (Section 2 & 4) Provides that a "duplicate original" certification of manufactured housing to be taxed as real property be recorded by the County Clerk. Certificate shall contain: the vehicle identification number, year, make and style; legal description and street address of real property on which the manufactured structure will be located; name, date of birth, mailing address and if available, Oregon driver license's number of each owner; and name and mailing address of each person with a security interest in the manufactured structure or real property. 7 • SB 451 (STATEMENT OF ASSOCIATION) (NEW) Allows the recording of a "Statement of Association Information" by a homeowners association. Specifies the information to be on the statement. • SB 1206 PERMIT AUTHORIZATION (AMENDED) (Section 47) Allows recording in the deed records, a permit or authorization and "amendment, modification, termination or other instrument relating to the permit or authorization" issued by a condominium board of directors. Prescribes information to be included. CLERK'S LIEN RECORD HB 3581 REQUIRES NAME OF AGENCY (AMENDED) (Section 13) The name of the officer and the agency that issued the order or warrant or the name of the claimant in whose favor an order of the Contractors Board has been given. The name of the agency or board that issued the order or warrant must be clearly printed on the order or warrant. (f) County Clerk Lien Record instruments filed with ORS 205.130 (3)cA shall be on official letterhead and include the seals, if any, of the officers and agencies. (HB 2059) LANDSCAPE CONTRACTORS BOARD (AMENDED) (Section 1) Allows an order of the Landscape Contractors Board to be recorded in the County Clerk Lien Record. (HB 2190) FUEL TAXES (NEW) (Section 2 & 9) Department of Transportation may record a warrant for non-payment of fuel taxes in the County Clerk Lien Record. (SB 177) CONCILIATION AGREEMENT OR ORDER. (AMENDED) (Section 3) Effective June 10, 1999 Any conciliation agreement or order issued by the Commissioner of the Bureau of labor and Industries may be recorded in the County Clerk Lien Record. (Any such agreement or order that awards money damages, unless paid, shall constitute a judgment) 0 9 • (SB 81) JUSTICE COURT (NEW) (Section 2) Adds that a certified copy of a writ of execution or an abstract of the writ must be recorded in the County Clerk Lien Record in the county in which the real property is located. (SB 81) JUSTICE COURT (NEW) (Section 4) After a judgment is docketed in justice court, a certified copy of the judgment or a lien record abstract for the judgment may be recorded in the County Clerk Lien Record for the county that contains the justice court that rendered the judgment. A judgment rendered in justice court may be transcribed to circuit court. The judgment of lien record abstract may be recorded in a county other than the county that contains the justice court that rendered the judgment. A justice court and circuit court may enter into an agreement for electronic transcription of justice court judgments under this section. (Further verbage on bill). (SB 81) — MUNICIPAL COURT (Section 8) (NEW) Authorizes a certified copy of a municipal court judgment or a lien . record abstract of the municipal court judgment to be recorded in the County Clerk Lien Record. (SB 81) — MUNICIPAL COURT (Section 9) (NEW) A lien on real property of a judgment debtor may be acquired only if: the judgment when docketed in the municipal court exceeds $3,000 or; Two or more judgments against the same debtor are docketed in a municipal court in favor of a single judgment creditor and the totle amount owing to -the judgment creditor, determined by adding the amount of each individual judgment as of the date the judgment is docketed is greater than $3,000; After a judgment is docketed_ in municipal court, a certified copy of the judgment or a lien record abstract for the judgment may be recorded in the County Clerk Lien Record. Total judgments must be more than $3,000. Allows electronic filing between municipal court and county clerk. SB 415 LIEN CERTIFICATE (REPEAL) Repeals the provisions of "lien certificate" from all statute references. 0 9 SB 415 (Section 6) (AMENDED) Adds debtor's taxpayer's identification no. and drivers license number to the Lien Record Abstract. (SB 795) DOG CHASING (AMENDED) (Section 7) Authorizes the county to record a notice of a civil penalty in the County Clerk Lien Record for dogs chasing, injuring and/or killing livestock. LIENS (HB 2706) LOGGER'S LIEN (AMENDED) (Section 2) (ORS 87.222) Expands the Logger's, woodworker's and timber owner's lien. (SB 493) HOSPITAL LIENS (AMENDED) (Section 4) (ORS 87.570) Expands hospital liens to include "medical treatment". (Includes insurance companies) Modifies filing form. (HB 3622) AGRICULTURAL PRODUCE (AMENDED) (Section 1) (ORS 87.700) Add Christmas trees to the definition of "agricultural produce." • Producer may file lien if Christmas tree dealer fails to pay. (SB 1206) INDEXING OF CONDOMINIUM LIENS (AMENDED) (Section 71) (ORS 87.010) Changes the indexing of condominium assessment liens from the deed index to be "indexed as other liens." Deletes the requirement that they be "recorded in the book kept for the purpose." NOTARY PUBLIC (HB 3025) DISABLED SIGNING (NEW)(Section 2) Disabled may use a signature stamp for signing documents that _ are motorized. A blind person, a visually impaired individual with a disability who is unable to sign any document because of the disability may use a signature stamp whenever the signature of the person is required on any document presented for notorization. The notarial certificate of an act signed with a signature stamp shall contain the phrase "signed by stamp before me" or words to that effect. (There is nothing provided for verification that the individual is truly disabled in accordance with the law. Therefore we, as recorders, appear to have an obligation to determine if the documents are signed in accordance with law). 10 0 (HB 3041) Electronic Signatures (Section 4 & 5) Creates new provisions to allow electronic signatures, verification of those signatures, and notarization of the signatures. From a practical standpoint, there is nothing in place in the State of Oregon that currently can allow such signatures to be accepted. The Secretary of State by rule shall establish the notarial certificate for electronic acts. UCCS (HB 2924) — FIXTURE FILING (AMENDED) (Section 3 & 7) A fixture filing shall comply to ORS 79.4020(5) and describe the fixtures as required by ORS 93 for a mortgage. *This means that all fixture filings shall be recorded and indexed as a mortgage. All recording fees applicable to a mortgage shall also be applicable to the UCC. The documents must have a satisfactory legal description attached. Acknowledgements of the signatures are not required. The UCC fixture filings will still be recorded, we will just treat them as mortgages. (HB 2924) DELETES SOS RULE MAKING (AMENDED) (Section 4) . Deletes Secretary of State's rule making authority over the County Clerk for the filing of secured transactions. (HB 2924) UCC SEARCHES NO LONGER!!!!JEFF'S BILL(ORS 79.4070) Section 5 & 7. UCC searches will no longer be performed since all UCC's, past and present will be considered mortgages. The clerk no longer has to provide search certificates. U.S. Tax Lien searches will still be required. (HB 2924) (Sections 8-12) REFERS TO ELECTRONIC FILING -SOS MINES (517.030; 052; 160) (Section 28; 29 & 30) Notice of Location and notice of posting the location notice shall have the recording fee of $5 per page. (ORS 205.320). MINERAL & MINING RECORD (OLD DORMANT MINERAL INTEREST) (ORS 517.180) (Section 31) Changes name of Record. 11 9 MINES - MINERAL AND MINING RECORD: (ORS 517.210) (Section 32) Changes Mining Records to "Mineral and Mining Records. Deletes Reference to Book and Page. MINES (MINING CLAIM AFFIDAVITS) (ORS 517.220) (Section 33) Deletes references to fees. (Deletes the fee of each additional claim in the affidavit shall be recorded for an additional fee of 50c) MINES (MINERAL AND MINING RECORD) (ORS 517.280) (Section 34) Changes reference to book to the "Mineral and Mining Record" MINES (CERTIFICATE) (ORS 517.310) (Section 35) Deletes references to "Book". References fees to ORS 205.320. Provides for recording and indexing in the Mineral and Mining Record. MINES (ORS 517.320) (Section 36) . Changes "Miscellaneous Records" to Mineral and Mining Record PLATS HB 3581: (NEW) (Section 6) Counties with a consolidated index may index the plats in the consolidated index. The declarants shall be indexed as the direct parties and the subdivision plat name shall be indexed as the indirect party. Subdivision plats recorded by a county clerk shall be the legal record of all subdivision plats. The subdivision plats shall be preserved as_ the permanent record of the county. HB 2774 (NEW) (Section 1 & 2) Allows the County Clerk to accept a plat for recordation in digital data format if the digital format conforms to the county GIS which allows a computer system to assemble store, manipulate and display geographically referenced information. Must contain all the information otherwise required for recording a plat. Includes digital signature. The county clerk may accept a plat for recordation that is both in digital and conventional format if the digital portion conforms 12 with the digital requirement and content of recordation requirements for plats. Sunsets Dec 31, 2001. HB 2774 (Section 3) Repeals specific requirements on quality of ink and quality of materials for plats. Authorizes the county Clerk and county surveyor to establish standards of strength and permanency of the plats. HB 2774 (Section 4) Changes "filed" to "recorded"; repeals requirement that plats be "bound in books" or filed in cabinets. Authorizes the microfilming of plats as the official record. Must be indexed in the deed records by owner name and subdivision. Partition Plat must be indexed by owner name and plat type or plat name. Partition plats shall be numbered by year and sequentially and be recorded in deed records. HB 2774 (Section 5) All subdivisions and partition plats shall be indexed in the recording indices of the county. The declarations to such plats shall also be indexed in the indices of Records of Deeds for the county. When the subdivision and partition plats are so recorded and indexed they shall be the legal record of all subdivision and partition plats. HB 2774 (Section 6) Recorded "Affidavits of Correction" SHALL BE RETURNED TO THE COUNTY SURVEYOR. Repeals requirement of the county surveyor to makr on the original plat. Requires county surveyor to mark the corrections on the—surveyor's copy. Corrections or changes (vacations, corrections, etc.) shall not be allowed on the original plat once it is recorded with the County Clerk. HB 2774 CONDOMINIUM PLATS (Section 7) Repeals specific requirements on the quality of ink and quality of materials for condominium plats. HB 2774 CONDOMINIUM PLATS (Section 8) Condominium may be terminated. The recording of an instrument of termination shall vacate the plat but shall not vacate or terminate any recorded covenants, restrictions, etc. Before termination can be recorded, it 13 must be signed by the county assessor. The county surveyor shall make appropriate annotations on the surveyor's copy of the plat. Corrections or changes shall not be allowed on the original plat once it is recorded with the county clerk. HB 2774 PLATS (Section 10) (AMENDED) Maintain a record of all maps. The county clerk shall create and store the maps in accordance with archival standards for the preservation of the record. The clerk shall keep an index that may be part of the deed index and shall contain the name of the town, village, addition or cemetery plat. Repeals requirement that clerk keep bound books of platted towns or cemeteries. HB 2774 SURVEYS (Section 11) (AMENDED) Repeals specific requirements on quality of ink and quality of materials for surveys filed with the county surveyor. HB 2774 PLATS (Section 12) (AMENDED) Repeals requirement of the county surveyor to mark on the original plat "Vacations." Requires the county surveyor to mark the termination on the 1* surveyor's copy giving the book and page of the deed record in which the order is recorded.. Corrections or changes shall not be allowed on the original plat once it is recorded with the county clerk. 14 • 1999 Legislative Bill Summary The following bills have become law and go into effect October 23, 1999; unless otherwise noted. Recording Fees NEW Revenue Fees are effective JANUARY 1, 2000. The fees for recording documents will change due to HB 2139. The Revenue Fee will be lowered to $11.00 and be applicable to all documents except for Military Discharge DD 214, Satisfaction of Judgements, county internal documents not usually charge a recording fee, and Marriage Authority Affidavits. The LCP Fee remains the same: $10.00 per qualifying document. (The LCP fee can vary from county to county from $0 to $10.00.) The recording fee of $5.00 per page also remains the same. Examples of fees for a one page document: Rec LCP Revenue* OLIF* Total Deed $5.00 + $10.00 + $10.00 + $1.00 = $26.00 Mortgage $5.00 + $10.00 + $10.00 + $1.00 = $26.00 Lien $5.00+ - + $10.00 + $1.00 = $16.00 All other fees regarding multiple transactions remain the same except for documents establishing a lien. Those will now be charge $5.00 to each additional lien being established after the first. *(NOTE: The above cited fees are broken down to $10.00 per document Revenue Fee and a $1.00 per document Oregon Land Information System Fee.) HB 2775 Deletes exemption from recording fees for state and state agencies. The Division of State Lands, Justice Department, Bureau of Labor & Industries, and all other state agencies will have to pay the recording fees in order to record documents. Repeals ORS 205.400 which means recording fees will be charged on deeds conveying title to the State of Oregon. 0 A:99sumle .w d g p HB 3581 2 Fees Provides for the clerk to collect %5 of any fee or tax that is not collected for the benefit of the county clerk. The clerk is to use such money for acquiring storage and retrieval systems, payment of expenses in collecting the fee or tax and maintaining and storing records as authorized by the county clerk. Exempts collecting the %5 fee from the Domestic Violence Fund, Conciliation fund (marriage), and real estate transfer taxes (Washington Co. Only). Mining Proof of Labor: changes the fee to $5.00 per page + $5.00 per each additional claim listed after the first. Also provides for recordation of other mining documents: Location Notice, documents extinguishing a claim, etc. Establishes the Mineral & Mining Record and the standard $5.00 per page recording fee for the documents entered into it. Provides for the charging of the $5.00 per additional transaction on assignments, satisfactions, releases, tax deferred property liens, municipal assessment liens, county assessment liens, cooperative contracts. From a practical standpoint, the clerk can charge the additional $5.00 per transaction on liens that can, by statute, be filed in groups: Revenue, Assessor, etc. Hunting & Fishing Licenses (HB 2100) Increases the amount of fee for the issuing agent from $1.00 to $5.00 for annual sportsman's license and $1.50 for all other licenses. UCC'S HB 2924 All UCC Fixture Financing Statements shall be recorded and indexed as a Mortgage. This means that all recording fees applicable to a mortgage shall also be applicable to the UCC's. The documents must have a satisfactory legal description attached. Acknowledgments of the signatures are not required. The UCC Fixture Filings will still be recorded, we will just treat them as mortgages. UCC searches will no longer be performed since all UCC's, past and present will be considered mortgages. The clerk no longer has to provide search certificates. U.S. Tax Lien searches will still be required, however. The Secretary of State's rule making authority over the county clerk for the filing of secured transactions has been repealed. A:99sumleg.wpd V P L 4 RECORDING POLICY UCC RECORDING FINANCING STATEMENTS JULY 16, 2001 (Chapter 445, OL 2001) POLICY Effective `July 1, 2001, a financing statement will be accepted on a national jniform financing statement "form." Regardless of the form format as long as it meets the requirements, it will be accepted without a financing statement non-standard fee. The financing statement may still be subject to the mortgage non-standard fee. Rejection of a financing statement may only happen under specific conditions and must be documented. DEFINITION Effective July 1, 2001, the State of Oregon will join other states by adopting its version of the New Article 9-5 of the Uniform Commercial Code. The only financing statement filings to be accepted by a county clerk are fixture filings, as -extracted collateral or timber to be cut, and documents related thereof. (Sec 72). A debtor may record a "Correction Statement" if the person believes that the record is inaccurate or was wrongfully filed. (Sec 89). The only document relating to a financing statement requiring a signature and an acknowledgement is the "Affidavit of Default. (Sec105(2).) The acceptable means of "communicating" a record to the Deschutes County Clerk is in a paper format. (Sec 87 (2)(a). The fee for recording financing statements is the same as that of a mortgage. (Sec 96). Record the financing statement in the real property records. (Sec 73(3). The "ADDENDUM forms" (UCC1Ad) and (UCC3Ad) are National UCC Financing Statement Forms to serve as an overflow page for the initial filing (UCC1) or the Amendment form (UCC3). These forms are recordable only as page 2 to the related forms to add additional debtors or additional secured parties. • The county clerk MUST REJECT AN INITIAL FINANCING STATEMENT FOR THE FOLLOWING: (Sec 91) • Failure to submit by a method or in a medium acceptable to our office. (Sec 87 (2)(a). • Failure to include at least the amount of the correct fee (Sec 87(2)(b). • No debtor name or last name for individual debtor (Sec 87 (2c). • Lack of or insufficient description of real property to which filing relates. (Sec 87(2c). • No secured party name and address (Sec 87 (2)(d). • The information required by 87, (2) is illegible. (Sec 87(3). The county clerk MUST REJECT AN AMENDMENT TO A FINANCING STATEMENT FOR THE FOLLOWING: (Sec 91). • Failure to submit by a method or in a medium acceptable to our office. (Sec 87 (2)(a). • Failure to include at least the amount of the correct fee (Sec 87(2)(b). • Illegible initial filing number or none indicated and the document states that it is an amendment (Sec 87 (2c)(13)(i), (3)(b). • If it adds a secured party, it must list the new secured party's name and address (Sec 87 (2)(d). • If it adds an additional or new debtor name, the mailing address of the debtor (Sec 87 (2)(e). • If it does not indicate that the filing covers the type of collateral to be recorded in the clerk's office (Sec 87 (2)(f), Sec 83, Sec 73 (2). • If it does not state that it is to be filed in the real property records (Sec 83, Sec 87(2)(f), Sec 73(2). • If it does not provide a description of the real property (Sec 87 (2)(f), Sec 83, Sec 73(2). • If the debtor does not have an interest of record in the real property and it does not provide the name of a record owner. (Sec 87(2)(f), Sec 83, Sec 73(2). 2 • The County Clerk MUST REJECT AN ASSIGNMENT OR A CONTINUATION OF A FINANCING STATEMENT FOR THE FOLLOWING: (Sec 91). • Failure to submit by a method or in a medium acceptable to our office. (Sec 87(2)(a). • Failure to include at least the amount of the correct fee. (Sec 87(2)(b). • Illegible initial filing number or none indicated. Sec 87(2c)(B)(i). • No assignee secured party name and address. (Sec 87(2)(f). • No debtor name and address (Sec 87(2)(f). The County Clerk MUST REJECT A CORRECTION FINANCING STATEMENT FOR THE FOLLOWING: (Sec 91). • Failure to submit by a method or in a medium acceptable to our office (Sec 87(2)(a). • Failure to include at least the amount of the correct fee. (Sec 87(2)(b). • Illegible initial filing number or none indicated and it states that it is an amendment. (Sec 87(2c) (B)(i), Sec 87 (3)(b). • If it does not indicate that the filing covers the type of collateral to be recorded in the clerk's office. (Sec 73(2). • If it does not state that it is to be filed in the real property records. (Sec 87 (2)(f), Sec 83, Sec 73(2). • If it does not provide a description of the real property. Sec 87(2)(f), Sec 83, Sec 73(2). • If the debtor does not have an interest of record in the real property and it does not provide the name of a record owner. (Sec 87 (2)(f), Sec 83, Sec 73(2). 3 41 PROCEDURE • Record and index as a mortgage indicating each debtor and owner of record as mortgagor and the names of the secured parties as mortgagee. Always index all parties listed on any financing statement form. (Sec 90(4),(5). A record that does not indicate that it is an amendment or identify a financing statement to which it relates is an initial filing. (Sec 87(3)(b). Rejection of a Financing Statement recording: 1. Check the document against the list of reasons for rejection. 2. The rejection statement must clearly state the defect. 3. The resection statement must indicate the date and time. 4. All rejected documents must be processed in a timely manner. 4 • 2002 RECORDING LEGISLATION EFFECTIVE 1-1-2002 UNLESS NOTED SB 171 SEE RECORDING POLICY UCC, July 16,2001: A record does not provide information if the filing office is unable to read or decipher the information. Rules for indexing financing statements. The debtors and each owner of record as the mortgagors; the index of the secured party as if they were the mortgagee. Indexing the assignments, the assignor as the grantor; the name of the assignee as assignee. Amending a financing statement must meet the same standard as an original filing. Nonjudicial enforcement of mortgage. The secured party shall record a sworn affidavit that a default has occurred. SB 184: Removes requirement for notary seal on subdivision, partition or condominium plat, or any replat, supplement or amendment thereto. The seal is not required if the following appear below the notary's signature "NOTARY PUBLIC — OREGON", the words COMMISSION NO". followed by the notary public's commission number and the words "MY COMMISSION EXPIRES"'immediately followed by the date the notary public's commission expires, expressed in terms of the month, by name — MONTH AND NAME CANNOT BE ABBREVIATED — two -digit date and complete year. a FwmAt Noveni bew aq, Od SB 240: Amends ORS 86.095 changing the word "mortgage" to "credit instrument" and allows changes to interest rate and payment schedule without affecting priority of lien. Defines "credit instrument" to include a mortgage, a line of credit instrument, a deed of trust and a contract for the sale of real property. SB 704: Deletes requirement to file Affidavit of Authority to Perform Marriages. Repeals the process for recording a revocation of authority. Changes term "minister" to "clergyperson." Makes it clear that it is the clergyperson's responsibility to make and return to the county clerk the certification of the marriage within one month. Removes requirement to include the time of marriage on the certificate. Changes marriage application and marriage certificate forms. SB 715: Allows division of a lot or parcel zoned for forest use or mixed farm and forest use under certain conditions. Requires the recording of a "restriction prohibiting the landowner and the landowner's successors in interest from further dividing the lot or parcel." Expands the landowner's recording of restrictions prohibiting further partitions and expanding the county planning director's recording of a "Statement of Release." 0 - HB 2040: Requires the Oregon Department of Administrative Services to "adopt rules for the use of digital signatures by state agencies." HB 2051: (Effective 6-5-01) Moves recording of agricultural producers lien from county recording officer to the Secretary of State. Law is in effect now; however, liens filed prior to 1-1-2002 are to be filed with the "recording officer of the county where the agricultural produce is processed or, if the produce consists of Christmas trees, where the produce is grown." Certificates declaring payment of lien shall be filed with the recording officer of the county where the notice of lien was filed. Satisfactions of liens filed prior to 1-1-2002 will be filed with the county clerk. Deletes the agricultural producers lien from list of recordable documents effective 1-1-2002. HB 2112:(Effective 6-22-01) Adopts the Uniform Electronic Transactions Act (UETA). Applies "only to transactions between parties, each of which has agreed to conduct transactions by electronic means." Gives legal standing to an electronic signature as well as V 04 notorizations and acknowledgments. (Oregon counties are not required accept electronic signatures. Facsimiles signatures (copies) will not the recording requirements. Facsimile signatures mechanically ap is not an electronic signature. As of this date, all Oregon counties has a technology to accept electronic recordings and the electronic signatures that would accompany them). HB 2270: Creates State Historic Preservation Lien. Will be recorded in the County Clerk Lien Record. HB 2352: ol� A settlement Order and a cease and desist order regarding illegal employment practice are to be recorded in the County Clerk Lien Record. HB 2610: Modifies process for release of a trust deed. If a trustee refuses to reconvey the property, enables title companies or an agent to prepare, execute and record a release of trust deed. 2 •HB 3239: .w, The original plat may not be corrected or changed after it is recorded with the County Clerk. Any changes to the plat are made with the county surveyor's copy. Includes marking renamed streets and roads on the original plat. Clarifies that the recording fee for recording the affidavit of correct ion is set in ORS 205.320 and is in addition to the fee set by the governing body for the services of the surveyor. HB 3673: Adds that "instruments presented for recording by the United States or the State of Oregon, or a political subdivision of either, that affect title to or an interest in � real property or that lawfully concern real property. This is new language that ��r g- allows government offices to record documents that affect title to or create an interest in, or have lawful concerns regarding real property as long as such a process is based upon a process that is lawful. Points: This will open the recordings to those that have a basis in written law, as long as the document related to a process addressed in written law or rule. Assume that a document is presented for recording. It appears to haveiGrFeaKrr something to do with real property that involves the owner and another party. It Prof. contains all the necessary information on the first page, plus the legal ie- • description. The document appears to affect real property in some manner. wll Milt How do we determine if the document is recognized under law, rule, or regulation of either the state or federal government? • Does the document have something to do with a lease, deed, mortgage in some very broad sense? Does it modify, extend, affect the terms of, or in some other way affect the conditions as set forth in one of these documents? If the answer is yes, then since deeds, mortgages, and leases are addressed in state law, then the document could be considered as being recognized under state law since it is part of that lawfully addressed process. Examples: Consent to Assignment of Land Sales Contract is not currently recordable. Since the statutes permit the land sale contract process, than documents relating to that process, such as this consent to assignment, would be recordable as long as all other recording requirements are met. 3 • 3 0 U Not recordable would be a "Claim of Lien" by a person who has loaned someone money and has not been paid back. There is no statutory authority to claim and record a lien in this manner. There are specific statutory liens against real property but this document is not one of those. Affidavits of Heirship documents are not recordable now nor will they be recordable after January 1, 2002. This change in Oregon law opens the recording record to the recording of documents that have a basis in written statute, rule, or regulation. The responsibility for proving a document is part of a process under state or federal rule or regulation falls upon the individual presenting the document for recording. If the document does not have a basis in written law or meet those other requirements, then it is not recordable. Changes the term "fee" to "penalty" for non-standard documents. HB 3912: Provides for recording of "Notice of Planned Community." Allows owners of lots in a Class III planned community to elect to be subject to this act by recording a "Notice of Planned Community." Provides for recording a supplemental declaration for a condominium and a supplemental plat. Provides for recording a "Statement of Reclassification of Variable Property" and a "Statement of Withdrawal of Variable Property from Condominium." Requires that the statements be acknowledged. Include the name of the condominium, reference to the recording index numbers and date of recording of the declaration, the plat creating the affected variable property and any applicable supplemental declaration. Include a description of the reclassified or withdrawn variable property. Be executed by the chairperson and secretary of the association and acknowledged. After recording a statement, the association shall provide a copy of the recorded statement to the county surveyor. Where a leasehold interest is subject to condominium, provides for recording a master lease before the declaration for the property is recorded. HB 3915: Refers County Commissioners Road Improvement Assessment Orders to County Clerk Lien Record. ***Deletes reference to "book" and references the County Clerk Lien Record for SAIF Notice of Lien Claim. Deletes reference to "Construction Lien Book" and references a "statutory lien record." 0 • RECORDING PROCEDURES FOR HB3673 PER RICK (SHAM 11-27-01: 205.130(2d) Allows the County Clerk to record "instruments presented for recording by the United States of America (federal law or federal regulation) or the State of Oregon (state law ORS or state rule OAR), or a political subdivision of either, that affect title to an interest in real property or that lawfully concern real property." Government Offices This new language allows government offices to record documents that affect title to or create an interest in, or have lawful concerns regarding real property as long as such a process is based upon a process that is lawful. County/City documents that are recordable as of 1-1-02. Conditions of approval agreement, improvement agreement, farm or forest plan, mining documents, etc. If the documents are not listed in the "Recording Guidelines" and the "Recording Guidelines Section B" they will be recorded as an IPPS (Instruments Presented by Political Subdivision only if presented by the xv political subdivision and affect title to or an interest in real property or that lawfully concern real property). Documents Not Recordable: Building Permits, Site Plans, Land Use Permits, Applications, LUBA Decision, etc. Documents Recognized Under Law Instruments Recognized Under Law (only if recognized under state law or rule or federal law or regulation as affecting title to or an interest in real property and acknowledged or proved) If document title is not listed under "Recording Guidelines & Recording Guidelines Section B" record as an "IRUL" (instruments recognized under Law.) n UCC FORMS AVAILABLE ON INTERNET: WWW.SOS.STATE.OR.US CORPORATION DIVISION UNIFORM COMMERCIAL CODE CLICK ON: UCC FORMS & FEES UCC FINANCING STATEMENT & ADDENDUM UCC FINANCING STATEMENT & AMENDMENT • iUCC FINANCING STATEMENT FOLLOW INSTRUCTIONS front and back CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [optional] • SEND ACKNOWLEDGMENT TO: (Name and Address) F L 11 THE ABOVE SPACE IS FOR FILING OFFICE 1 r1FRTf1R'S FYART P111 1 1 F(OAI MAW:. i—d —1, nn► d.htnr name Ha er 16) - do not abbreviate or combine names 2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME - insert only 204 debtor name (2a or 2b) - do not abbreviate or Combine names 2a. ORGANIZATION'S NAME OR ADULINFO RE I2e.TYPE OFORGANIZATION�Z.JUKIDU1UIIUNUrUKt+--IlUiv I�y•+•»�••��••-••••-•- ••-• ORGANIZATION ❑ NONE DEBTOR'- 3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR SIP) • Insert only 2W secured party name (3a or 3b) 3e. ORGANIZATION'S NAME OR 3b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 3c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 4. This FINANCING STATEMENT covers the following collateral: FILING OFFICE COPY— NATIONAL UCC FINANCING STATEMENT (FORM UCC1) (REV. 07/29/98) C] Instructions for National UCC Financing Statement (Form UCC1) Please type or laser -print this form. Be sure it is completely legible. Read all Instructions, especially instruction 1; correct Debtor name is crucial. Follow Instructions completely. Fill inform vercarefully; mistakes may have Important legal consequences. If you have questions, consult your attorney. Filing office cannot give legal advice. Do not insert anything in the open space in the upper portion of this form; it is reserved for filing office use. When properly completed, send Filing Office Copy, with required fee, to filing office. If you want an acknowledgment, complete item Band, if filing in a filing office that returns an acknowledgment copy furnished by filer, you may also send Acknowledgment Copy; otherwise detach. If youwantto make a search request, complete item 7 (after reading Instruction 7 below) and send Search Report Copy, otherwise detach. Always detach Debtor and Secured Party Copies. If you need to use attachments, use 8-1/2 X 11 inch sheets and put at the top of each sheet the name of the first Debtor, formatted exactly as it appears in Item 1 of this form; you are encouraged to use Addendum (Form UCC1 Ad). A. To assist filing offices that might wish to communicate with filer, filer may provide information in item A. This item is optional. B, Complete Item B if you went an acknowledgment sent to you. If filing In a filing office that returns an acknowledgment copy furnished by filer, present simultaneously with this form a carbon or other copy of this form for use as an acknowledgment copy. 1. Debtor name: Enter only one Debtor name in Item 1, an organization's name (1 a) ?i an Individual's name (1 b). Enter Debtor's exact full lecal name. Don't abbreviate. Ia. Organization Debtor. "Organization" means an entity having a legal Identity separate from Its owner. A partnership is an organization; a sole proprietorship is not an organization, even if it does business under a trade name. If Debtor is a partnership, enter exact full legal name of partnership; you need not enter names of partners as additional Debtors. If Debtor is a registered organization (e.g., corporation, limited partnership, limited liability company), it is advisable to examine Debtor's current filed charter documents to determine Debtor's correct name, organization type, andjurisdiction of organization. 1b. Individual Debtor. "Individual" means a natural person; this includes a sole proprietorship, whether or not operating under a trade name. Don't use prefixes (Mr., Mrs., Ms.). Use suffix box only for titles of lineage (Jr,, Sr., III) and not for other suffixes or titles (e.g., M.D.). Use married woman's personal name (Mary Smith, not Mrs. John Smith). Enter Individual Debtor's family name (surname) in Last Name box, first given name in First Name box, and all additional given names in Middle Name box. For both otoanization and individual Debtors: Don't use Debtor's trade name, DBA, AKA, FKA, Division name, etc, in place of or combined with Debtor's legal name; you may add such other names as additional Debtors If you wish (but this is neither required nor recommended). 1c. An address is always required for the Debtor named in 1 a or 1 b. 1 e,f,g. "Additional information reorganization Debtor" is always required. Type of organization and jurisdiction of organization as well as Debtor's exact legal name can be determined from Debtor's current filed charter document. Organizational I D #, if any, is assigned by the agencywhere the charter document was filed; this is different from tax I D #; this should be entered preceded by the 2 -character U.S. Postal identification of state of organization if one of the United States (e.g., CAI 2345, for a California corporation whose organizational ID # is 12345); if agency does not assign organizational ID #, check box in item 1 g indicating "none." Note: If Debtor is a trust ora trustee acting with respect to property held intrust, enter Debtor's name in item 1 and attach Addendum (Form UCC1Ad) and check appropriate box in item 17. If Debtor is a decedent's estate, enter name of deceased individual In item 1 b and attach Addendum (Form UCC1 Ad) and check appropriate box in item 17. If Debtor is a transmitting utility or this Financing Statement is filed in connection with a Manufactured -Home Transaction or a Public -Finance Transaction as defined In applicable Commercial Code, attach Addendum (Form UCC1 Ad) and check appropriate box in item 18. If an additional Debtor is included, complete Item 2, determined and formatted per Instruction 1. To Include further additional Debtors, or one or more additional Secured Parties, attach either Addendum (Form UCC I Ad) or other additional page(s), using correct name format. Follow Instruction 1 for determining and formatting additional names. Enter information for Secured Partyor Total Assignee, determined and formatted per Instruction 1. if there is more than one Secured Party, see Instruction 2. If there has been atotal assignment of the Secured Party's interest prior to filing this form, you may either (1) enter Assignor S/P's name and address in item 3 and file an Amendment (Form UCC3) [see item 5 of that form]; or (2) enter Total Assignee's name and address in Item 3 and, if you wish, also attaching Addendum (Form UCC1 Ad) giving Assignor S/P's name and address in item 12. 4. Use Rem 4to indicatethe collateral covered bythis Financing Statement. If space in item 4 is insufficient, put the entire collateral description or continuation of the collateral description on either Addendum (Form UCC 1 Ad) or other attached additional page(s). 5. If filer desires (at filer's option) to use titles of lessee and lessor, or consignee and consignor, orsellerand buyer (in the case of accounts or chattel paper), or baileeand bailorinstead of Debtor and Secured Party, check the appropriate box in Item 5. If this is an agricultural lien (as defined in applicable Commercial Code) filing or is otherwise not a UCC security Interest filing (e.g., a tax lien, judgment lien, etc.), check the appropriate box in Item 5, complete items 1-7 as applicable and attach any other Items required under other law. 6. If this Financing Statement is filed as a fixture filing or if the collateral consists of timber to be cut or as -extracted collateral, complete items 1- 5, check the box in item 6, and complete the required Information (items 13,14 and/or 15) on Addendum (Form UCC1 Ad). 7. This item is optional. Check appropriate box in item 7to request Search Report(s) on all or some ofthe Debtors named in this Financing Statement. The Reportwill list all Financing Statements on file against the designated Debtor on the date of the Report, including this Financing Statement. There is an additional fee for each Report. If you have checked a box in Item 7, file Search Report Copy together with Filing Officer Copy (and Acknowledgment Copy). Note: Not all states do searches and not all stateswill honor a search request made via this form; some states require a separate request form. 8. This item is optional and is for filer's use only. For filer's convenience of reference, filer may enter in Item 8 any Identifying Information (e.g., Secured Party's loan number, law firm file number, Debtor's name or other identification, state In which form is being filed, etc.) that filer may find useful. 0 • • 0 UCC FINANCING STATEMENT ADDENDUM FOLLOW INSTRUCTIONS (front and back) CAREFULLY 9. NAME OF FIRST DEBTOR (1a or 1b) ON RELATED FINANCING STATEMENT 9o. ORGANIZATIONS NAME OR NAME IFIRSTNAME 10. MISCELLANEOUS: 11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME - F11 . ORGANIZATION'S NAME THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY or 11b1- do not abbreviate or combine names OR 11 b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 11 c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY ADOL INFO RE I Ile. TYPE OF ORGANIZATION 11f. JURISDICTION OF ORGANIZATION 11g. ORGANIZATIONAL ID N, if any ORGANIZATION DEBTOR NONE 12. ADDITIONAL SECURED PARTY'S ju U ASSIGNOR S/P'S NAME - insertonly= name I2aor12b) 12a. ORGANIZATION'S NAME OR 12b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 12c. MAILING ADDRESS - CITY STATE POSTAL CODE COUNTRY 13. This FINANCING STATEMENT covers Utimber to be cut or11 as -extracted 16. Additional collateral description: collateral, or is filed as a ❑ fixture filing. 14. Description of real estate: 15. Name and address of a RECORD OWNER of above-described real estate (d Debtor does not have a record interest): 17. Check ggly if applicable and check gply one box. Debtor is a nTrust or 11 Trustee acting with respect to property held in trust or Decedent's Estate 18. Check g01y if applicable and check gilt one box. Debtor is aTRANSMI TING UTILITY Filed in connection with a Manufactured -Home Transaction — effective 30 years Filed in connection with a Public -Finance Transaction — effective 30 years FILING OFFICE COPY— NATIONAL UCC FINANCING STATEMENT ADDENDUM (FORM UCC1Ad) (REV. 07/29/98) Instructions for National UCC Financing Statement Addendum (Form UCC1Ad) 9. Insert name of first Debtor shown on Financing Statement to which this Addendum is related, exactly as shown in item 1 of Financing Statement. 10. Miscellaneous: Under certain circumstances, additional information not provided on Financing Statement may be required. Also, some states have 0 non-uniform requirements. Use this space to provide such additional Information or to comply with such requirements; otherwise, leave blank. 11. If this Addendum adds an additional Debtor, complete item 11 in accordance with Instruction 1 on Financing Statement. To add more than one additional Debtor, either use an additional Addendum form for each additional Debtor or replicate for each additional Debtor the formatting of Financing Statement item 1 on an 8-1/2 X 11 inch sheet (showing at the top of the sheet the name of the first Debtor shown on the Financing Statement), and in either case give complete information for each additional Debtor in accordance with Instruction 1 on Financing Statement. All additional Debtor information, especially the name, must be presented in proper format exactly identical to the format of Item 1 of Financing Statement. 12. If this Addendum adds an additional Secured Party, complete item 12 in accordance with Instruction 3 on Financing Statement. In the case of a total assignment of the Secured Party's Interest before the filing of this Financing Statement, If filer has given the name and address of the Total Assignee In item 3 of the Financing Statement, filer may give the Assignor S/P's name and address In Item 12. 13-15. If collateral is timberto be cut or as -extracted collateral, or if this Financing Statement is filed as a fixture filing, check appropriate box in item 13; provide description of real estate in Item 14; and, if Debtor is not a record owner of the described real estate, also provide, In item 15, the name and address of a record owner. Also provide collateral description in Item 4of Financing Statement. Also check box 6 on Financing Statement. Description of real estate must be sufficient under the applicable law of the Jurisdiction where the real estate is located. 16. Use this space to provide continued description of collateral, if you cannot complete description in item 4 of Financing Statement. 17, If Debtor is a trust or a trustee acting with respect to property held in trust or is a decedent's estate, check the appropriate box. 18. if Debtor is a transmitting utilityorif the Financing Statement relates to a Manufactured -Home Transaction or a Public -Finance Transaction as defined in the applicable Commercial Code, check the appropriate box. is 0 iUCC FINANCING STATEMENT AMENDMENT NAME 8 PHONE OF D ACKNOWLEDGMENT TO: (Name I 1 a. INITIAL 2. 3. —iI THE ABOVE SPACE IS FOR FILING OFFICE USE b. to be filed [for record) (or recorded) in the Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the Secured Party authorizing this Termination Statement CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of the Secured Party authorizing this Continuation btatement is continued for the additional period provided by applicable law. 4. ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9. 5. AMENDMENT (PARTY INFORMATION): This Amendment affects Debtor or USecured Party of record. Check only gqC of these two boxes. Also check gpp of the following three boxes and provide appropriate information In Items 6 and/or 7. ❑CHANGE name and/or address: Give current record name In Rem ea or eb; also gNe new DELETE name: GNe record name [] ADD name: Complete Item 7a or 7b, and also name (H mama chancel in ibm 7a or 7b emd/ - - tam - El to I dal nam e: Item 6t ar eb m 70: iota oomo_= Rama 7d•7e g soolieabtal. w �„�nr�.,r nt�r�en IAICn0.1ATIMI S. AMENDMENT (COLLATERAL CHANGE): check only =a box. Describe collateral ❑ delated or ❑ added, or give entire[]restated collateral description, or describe collateral Dassigned. 9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, R this is an Assignment). If this is an Amendment authorized by a Debtor which adds collateral or adds the authorizing Debtor, or R this is a Termination authorized by a Debtor, check here 11 and enter name of DEBTOR authorizing Nis Amendment. OR gb.INDNIDUAL'S • IO.OPTIONAL FILER REFERENCE DATA FILING OFFICE COPY— NATIONAL UCC FINANCING STATEMENT AMENDMENT (FORM UCC3) (REV. 07/29198) a Instructions for National UCC Financing Statement AMENDMENT (Form UCC3) Please type or laser -print this form. Be sure it is completely legible. Read all Instructions, especially Instruction 1 a; correct file number of initial financing statement is crucial. Follow Instructions completely. Fill inform very carefully; mistakes may have important legal consequences. if you have questions, consult your attorney. Filing office cannot give legal advice. Do not insert anything in the open space in the upper portion of this form; it is reserved for filing office use. An Amendment may relate to only one financing statement. Do not enter more than one file number in item 1 a. When properly completed, send Filing Office Copy, with required fee, to filing office. If you want an acknowledgment, complete item Band, if filing Ina filing office that returns an acknowledgment copy furnished by filer, you may also send Acknowledgment Copy, otherwise detach. Always detach Debtor and Secured PartyCopies. If youneed to use attachments, use8-1/2X 11 inch sheets and putatthetopofeach sheet:"AMENDMENT"apdthefile number of theinitial financing statement towhich this Amendment relates; you are encouraged to use Amendment Addendum (Form UCC3Ad). Always comolete items t a and 9. A. To assist filing offices that might wish to communicate with filer, flier may provide information in item A. This Item is optional. B. Complete Item B ifyou want an acknowledgment sent to you. If filing in a filing offloethat returns an acknowledgment copy furnished byflier, present simultaneously with this form a carbon or other copy of this form for use as an acknowledgment copy. 1a. File number: Enter file number of initial financing statement towhich this Amendment relates. Enter only one file number. In some states, the file number is not unique; in those states, also enter in item 1 a, after the file number, the date that the initial financing statement was filed. ib. Only if this Amendment isto be filed or recorded in the real estate records, check box 1b and also, in item 13 of Amendment Addendum, enter Debtor's name, in proper format exactly identical to the format of item 1 of financing statement, and name of record owner if Debtor does not have a record interest. Note: Show purpose of this Amendment by checking box 2, 3, 4, 5 (in item 5 you must check two boxes) or 8; also complete items 6, 7 and/or 8 as appropriate. Filer may use this Amendment form to simultaneously accomplish both data changes (items 4, 5, and/or 8) and a Continuation (item 3), although In some states filer may have to pay a separate fee for each purpose. 2. • 4. To terminate the effectiveness of the identified financing statement with respect to security interest(s) of authorizing Secured Party, check box 2. See Instruction 9 below. To continue the effectiveness of the Identified financing statement with respect to security Interest(s) of authorizing Secured Party, check box 3. See Instruction 9 below. To assign (i) all of assignor's interest under the identified financing statement, or (ii) a partial interest in the security interest covered by the identified financing statement, or (iii) assignor'sfull interest in some (but not all) of the collateral covered by the Identified financing statement: Check box in item 4 and enter name of assignee in item 7a if assignee is an organization, or in item 7b, formatted as indicated, if assignee Is an individual. Complete 7a or 7b, but not both. Also enter assignee's address in item 7c. Also enter name of assignor in item 9. If partial Assignment affects only some (but not all) of the collateral covered bythe identified financing statement, filer may check appropriate box in item 8 and indicate affected collateral in item 8. 5,6,7.To change the name and/or address of a party: Check box in item 5 to indicate whether this Amendment amends information relating to a Debtor or a Secured Party; also check box in item 5 to Indicate that this is a name and/or address change; also enter name of affected party (current record name, in case of name change) in Items 6a or 6b as appropriate; and also give new name (7a or 7b) and/or new address (7c) In Item 7, 5,6. To delete a party: Check box in item 5 to indicate whether deleting a Debtor or a Secured Party; also check box in item 5 to Indicate that this Is a deletion of a party; and also enter name (6a or 6b) of deleted party in Item 6. 0 5,7. Toiliddaparty: Check box In Item 5 to indicate whether adding a Debtor or Secured Party; also check box In Item 5 to indicate that this is an addition of a party; also enter all required information In Item 7: name (7a or 7b) and address (7c); Debtor information (7e -g) if added Debtor is an organization. Note: The preferred method for filing against a new Debtor (an individual or organization not previously of record as a Debtor under this file number) is to file a new Financing Statement (UCC 1) and not an Amendment (UCC3). 8. Collateral chance. To change the collateral covered by the identified financing statement, describe the change in item 8. This may be accomplished either by describing the collateral to be added or deleted, or by setting forth in full the collateral description as it is to be effective after the filing of this Amendment, indicating clearly the method chosen (check the appropriate box). If the space in item 8 Is insufficient, use item 13 of Amendment Addendum (Form UCC3Ad). A partial release of collateral is a deletion. If, due to a full release of all collateral, filer no longer claims a security interest under the identified financing statement, check box 2 (Termination) and not box 8 (Collateral Change). If a partial assignment consists of the assignment of some (but not all) of the collateral covered by the identified financing statement, filer may indicate the assigned collateral in Item 8, check the appropriate box in Item 8, and also comply with instruction 4above. Always enter name of party of record authorizing this Amendment; inmost cases, this will be a Secured Party of record. If more than one authorizing Secured Party, give additional name(s), properly formatted, in item 13 of Amendment Addendum (Form UCC3Ad). If the indicated financing statement refers to the parties as lessee and lessor, or consignee and consignor, or seller and buyer, instead of Debtor and Secured Party, references in this Amendment shall be deemed likewise so to referto the parties. If this is an assignment, enter assignor's name. If this is an Amendment authorized bya Debtor that adds collateral or adds a Debtor, or if this is a Termination authorized by a Debtor, checkthe box in item 9 and enter the name, properly formatted, of the Debtor authorizing this Amendment, and, If this Amendment or Termination is to be filed or recorded in the real estate records, also enter, in item 13 of Amendment Addendum, name of Secured Party of record. 10. This Item is optional and is for filer's use only. For filer's convenience of reference, filer may enter in item 10 any Identifying information (e.g., Secured Party's loan number, law firm file number, Debtor's name or other Identification, state In which form is being filed, etc.) that flier may find useful. UCC FINANCING STATEMENT AMENDMENT ADDENDUM FOLLOW INSTRUCTIONS /root and back CAREFULLY 11. INITIAL FINANCING STATEMENT FILE 9 (41r ns as item 1a on Amendment form) 12. NAME OF PARTY AUTHORIZING THIS AMENDMENT (same as item 9 on Amendment form 12a. ORGANIZATION'S NAME OR 13. Use this space THE ABOVE SPACE IS.FOR FILING OFFICE USE ONLY • FILING OFFICE COPY—NATIONAL UCC FINANCING STATEMENT AMENDMENT ADDENDUM (FORM UCC3Ad) (REV. 07/29/98) Instructions for National UCC Financing Statement AMENDMENT Addendum (Form UCC3Ad) 11. Enter information exactly as given in item 1 a on Amendment form. .12. Enter information exactly as given in item 9 on Amendment form. 13. If space on Amendment form is insufficient or you must provide additional information, enter additional Information in item 13. C] • TE Office of the County Clerk Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701 Telephone: (541) 388-6544 Facsimile: (541) 389-6830 To: Recording Staff Mary Sue 'Susie" Penhollow, County Clerk From: Susie Penhollow Re: Removing Documents From Recording Date: May 25, 1999 From time to time there is a need to remove a document that does not meet statutory requirements among other reasons. Removing documents must be exercised sparingly and with sound purpose. Therefore, effective immediately, NO DOCUMENT SHALL BE REMOVED FROM RECORDING UNLESS THE FOLLOWING GUIDELINES ARE APPLIED. GUIDELINES FOR REMOVING INSTRUMENTS FROM THE OFFICIAL RECORD 1. Documents Received in the Mail. Before removing the document from recording, inform the Clerk who receipted the document that there is a deficiency. The Clerk may have mitigating circumstances of why it was recorded. If there are none, remove the instrument from recording by VOIDING the number. Immediately attach the check (or cash) to the document and prepare a deficiency letter. 2. Title Company Discrepancy. If a title company submits a different number of documents than indicated on their recording sheet, inform them. Each title company has agreed that if too many documents are submitted, they do not get the numbers and time you previously gave them. You must than either (a) VOID the unused numbers or (b) record the remaining documents on a different receipt. Also, once a title company has submitted the documents for recording and you have assigned numbers to the documents, they are recorded instruments. No title company may request a document be removed from recording, and, we will not allow a title company to alter an instrument after it has been accepted for recording. Over -the -Counter Instruments. If a document was received over-the-counter and later determined deficient, make every effort to contact the person who submitted the instrument and explain the error. If you are unable to reach the person, keep the document recorded and inform me of the error. When sufficient fees are not collected for a recorded document, do not remove it from recording. It is much easier to explain a lesser charger than an over assessment. If excessive fees are collected a refund will be issued. The use of these guidelines should not bypass the need for a careful examination of instruments. If after thorough examination of the document and applying the guidelines above, you still feel that an instrument must be removed from the Official Record, please let me know. Quality Services Performed with Pride 1 2-� Office of the County Clerk -C Deschutes Services Bldg., • 1340 N.W. Wall St. • Bend, Oregon 97701 Telephone: (541) 388-6544 Facsimile: (541) 389-6830 July 31, 2002 To: Deschutes County Title Companies From: Susie Penhollow, Deschutes County Clerk Re: "Recordable" Status of Documents Mary Sue "Susie" Penhollow, County Clerk I would like to thank Cal Applebee of Western Title & Escrow Co. and Ann Easton of Amerititle for submitting the list of document titles and their inquiry with respect to the "recordable status." I have met with the Deschutes County Legal Counsel, Rick Isham, and his input is incorporated into this memo. There may have been confusion as to what document types are recordable as a number of the documents on the list are beinq recorded. We have always recorded the following documents if they were clearly labeled: subordination agreement, affidavit of publication, affidavit of mailing, agreements (if contracting to convey fee title), road maintenance agreement, modification agreement, assumption agreement, substitution of trustee and easement agreement. It should be remembered that not all documents relating to real property may be recorded in the County Clerk's records and some documents that may be recordable, may be refused for a number or reasons when other requirements are not met. If the document is not legible or the notary is not completed correctly, the document will be reiected. Any document presented for recording must be properly acknowledged (ORS 205.130(2)(a) and clearly labeled (ORS 205.236(1). Subordination Agreement. This document is currently being recorded under ORS 205.130(3)(d). An example would be a subordination of Mortgage, Trust Deed, Lease, etc. It must be clearly titled and identify the document it is subordinating. Subordination of Unrecorded Lease is not recordable because it does not modify a recorded instrument. (ORS 205.130(3)(d). Road Maintenance Agreement (and an easement generally) is recordable as an easement pursuant to ORS 105.175. Modification Agreement is recordable under ORS 205.130(3)(d) if properly acknowledged (ORS 205.130(2)(a)) and clearly labeled (ORS 205.236(1)). It must reference the type of document being modified and the recording information of the document that is being modified. Quality Services Performed with Pride • Substitution of Trustee is recordable under ORS 86.790(3) for trust deeds and ORS 205.130(3)(d) for other trusts. Easement Agreement is recorded as an easement under ORS 93.710(1) and 105.175. Affidavit of Publication is recordable under ORS 193.080, 86.750(3). Affidavit of Mailing is recordable under 86.750(3). Agreements are recordable if the agreement is contracting to convey fee title pursuant to ORS 93.635. Hazardous Waste Agreement from DEQ is recordable pursuant to ORS 465.327(5). p on -Disturbance and Attornment Agreements. Generally a non -disturbance agreement is a form of subordination agreement that modifies a lease to provide that a new landlord will honor an existing tenants lease. An attornment agreement provides that a tenant will continue to hold property under a lease as the tenant of a new landlord. Therefore, a "non -disturbance and attornment agreement" is recordable under ORS 205.130(3)(d) as a modification of a recorded instrument if the original lease is recorded, the agreement is properly acknowledged (ORS 205.130(2)(a), is clearly labeled (ORS 205.236(1) and is legible. , 'Covenants, Conditions and Restrictions and Declaration of Covenants, Conditions and g¢ Restrictions. Legal Counsel has reconsidered his former opinion that these may not be ` recorded unless it was part of a deed. He felt that since covenants are first cousins to easements appurtenant or may constitute equitable servitudes, that the legislature's failure to 0 include these documents was a mistake. Since equitable servitudes and covenants have long been recognized in the law, he believes that allowing these to be recorded separately from the deed as a separate instrument is recognized by law. Well Agreement, Party/Common Wall Agreement, Street Improvement Agreement, Culvert Agreement. If properly drafted, these agreements are recordable as easements. In order to be recorded, there must by a dominant and subservient estate as in any easement. If both parties have rights in the land of the other, then the agreement is reciprocal. Mere agreements to sell water or pay money are not reciprocal and are not recordable. ORS 105.175. Rescission/Cancellation of Previously Recorded Instrument. In common practice, the most efficient way to clear title is by deed. To rescind or cancel a recorded instrument, a quitclaim deed is sufficient. Oregon is a recording state. Therefore, priority is determined by the date of recording and whether the document is in the chain of title. As a consequence, even though a document may be subject to rescission through a modification under ORS 205.130(3)(d), the modification does not date back and the existence of the modified agreement may change the result in priority under a title search under Oregon law. In any event, a rescission or cancellation document, other than a quitclaim deed, would have to be signed by all parties. A deed is usually a better method of returning the parties back to their 10, original positions. 0 � ( 1 Boundary Line Adjustment Agreement. If the agreement is to convey title, it is recordable under ORS 93.635. Assumption Agreement. May be recorded under ORS 205.130(3)(d) if properly labeled and identifies the original document. Declaration/Affidavit of Heirship. Is not recordable. Declarations and affidavits are not recordable unless there is specific authorization. Generally, there is none. These fall into the same category as common law liens that crop up from time to time. Neither is recordable. �u Judgments (Release of Real Property). Judgments are recordable if properly proved. Without \s� specific direction, a judgment is recorded in the deed records. If it a judgment is to be recorded in both deed records and the lien records, it should be accompanied with specific directions to pik ' do so and a fee for each recording. It is to be recorded only in the lien records, then it must be SQ`` v�t'�v beled as such on the document and only a single fee is required. fjr d✓,� tf (�iti+ , a e Waiver of Construction Lien. This is not recordable because the document is not recognized under ORS chapter 87. ORS 87.045 provides the manner in which a landowner may protect real property against a construction lien. Although a waiver from a supplier of labor or materials may be a good management strategy, the document is not recognized as a recordable instrument and even if recorded would not, solely because of the recording, defeat a claim. 11