2009-1393-Order No. 2009-055 Recorded 7/23/2009i
RECORDS-
REVIEWED UBLANKENSHIP, COUNTY CLERK
NANCY CJ 2009.1393
COMMISSIONERS' JOURNAL
LEGA COUNSEL 07/23/2009 09:50;56 AM
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Declaring All Sums Immediately
Due and Payable Owed by Morgan Reed * ORDER NO. 2009-055
Pursuant to Promissory Note, Document No.
2007-154, and Trust Deed.
WHEREAS, on March 15, 2007, the Deschutes County Sheriff held an auction to sell County-
owned property, including the property legally described as:
Block #27, Lot #34, of OREGON WATER WONDERLAND, Unit 2, as shown by map
on file in the office of the County Clerk, subject to building and use restrictions recorded
in Book 166, Page 723, Deed Records, Deschutes County, Oregon, subject to covenants,
conditions, reservations, easements, and rights-of-way of record, together with 1/1045`h
undivided interest as tenants in common in the following described parcels: Parcels E, F,
G, H, and I,
and commonly known as 17270 Brant Dr, Bend, Oregon 97707 (the "Property"); and
WHEREAS, at the auction, Morgan Reed had the winning bid for the Property of $73,600.00 and
paid a down payment of $18,400.00; and
WHEREAS, on April 20, 2007, Morgan Reed executed a promissory note, Document 2007-154,
to the County for the unpaid balance of the purchase price together with interest at nine and one-quarter
percent (9.25%) per annum; and
WHEREAS on April 20, 2007, Morgan Reed executed a trust deed securing the above promissory
note and, on April 23, 2007, the trust deed was recorded in the Deschutes County Official Records at
Book and Page 2007-22945; and
WHEREAS, Morgan Reed is in default on the promissory note and trust deed (together
"Contract") by failure to make the require monthly payments beginning November 2008 and continuing to
the current date; and
WHEREAS, Morgan Reed is also in default under the Contract by also failing to pay the 2008-
2009 real property taxes for the Property; and
WHEREAS, in order to foreclose on the Contract, the County must first declare all sums under
and secured by the Contract immediately due and payable and to elect to proceed to foreclosure by
advertisement and sale; and
PAGE 1 of 2- ORDER No. 2009-055 (07/22/09)
WHEREAS, the Property is subject to a judgment lien in the name of Ray Klein, Inc. for an
approximate amount of $2,400.00 and such lien is prior in time to the Contract; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. The Board of County Commissioners ("Board") declares Morgan Reed to have
defaulted on his obligations under the Contract and declares all sums under and secured by the Contract
due and payable.
Section 2. The Board elects to foreclose the Contract by advertisement and sale.
Section 3. The Property and Facilities and Legal departments shall take all necessary actions to
foreclose the Contract and are authorized to bid at the foreclosure sale whatever dollar amount will satisfy
the County's lien interest in this property, including without limitation, accrued interest, late fees and
unpaid property taxes owed by Morgan Reed.
Section 4. After the close of the trustee's sale and, if Deschutes County is declared the winning
bidder, the Property and Facilities Department is authorized to pay the dollar amount necessary to satisfy
the judgment and clear the lien from the Property.
Dated this V4 of , 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
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NDf-NN-IS R. LU ice Chair
ATTEST:
,
Recording Secretary ALAN UNGER, Commissioner
PAGE 2 of 2- ORDER No. 2009-055 (07/22/09)