2013-1077-Order No. 2013-031 Recorded 7/29/2013REVIE ~~D~~ 99~
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L GAL COUNSEL
COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKOS
COMMISSIONERS' JOURNAL 07/29/2013 10:29:11 AM
IIIIIII I IIIIIIII IVIII II III
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FOr kemrang-oiamp urriy - - -
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Appointing County Administrator as
Successor Trustee
ORDER NO. 2013-031
WHEREAS, in 2001 the County sold to Michael Shields real property located in the La Pine
Industrial Park and in consideration accepted a promissory note and trust deed, and a copy of the
trust deed is attached hereto, marked Exhibit A and incorporated herein; and
WHEREAS, the trust deed executed by Shields appointed Western Title & Escrow Company
as trustee and listed Deschutes County as beneficiary; and
WHEREAS, Shields is in default of the promissory note and it may be necessary for the county
to foreclose on its trust deed; and
WHEREAS, Western Title & Escrow Company is not willing or prepared to undertake a
foreclosure of a security interest in which it is listed as trustee and has recommended that the county
appoint a successor trustee; and
WHEREAS, the county's past practice has been to appoint county counsel as trustee, which
upon satisfaction of the underlying note facilitates a convenient filing of a release and issuance of a
deed of reconveyance to the buyer;
WHEREAS, inasmuch as the county may need to foreclose on the trust deed in this instance,
county counsel has recommended that the Board appoint the County Administrator, Tom Anderson as
trustee; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
PAGE 1 OF 2- ORDER No. 2013-031 (07/15/2013)
Section 1. Board Chair is authorized on behalf of the County to execute the Appointment of
Successor Trustee, attached hereto as Exhibit B, appointing the County Administrator, Tom Anderson
as successor trustee to that Deed of Trust, attached hereto as
Exhibit A, in which Michael Shields is listed a Trustor, Deschutes County is listed as beneficiary and
Western Title & Escrow is listed as Trustee.
" r
DATED this .~L. S day of July, 2013.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
a/dA,1- V--
ALAN UNGER, Chair
ATTEST: TAMMY BANEY, Vice Chair
Recording Secretary ANTHONY DeBONE, Commissioner
PAGE 2 OF 2- ORDER No. 2013-031 (07/15/2013)
TRUST DEED RECORDED BY
a
THIS TRUST DEED, made on this 02 day of April. 2001, SdCC fi"N TITLE & ESCEZ-4 CO.
MICHAEL R. SHIELDS, an individual, as Grantor,
WESTERN TITLE & ESCROW COMPANY, as Trustee, and
DESCHUTES COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF OREGON, as Beneficiary,
WITNESSETH:
Grantor irrevocably grants, bargains, sells and conveys to trustee in trust, with
power of sale, the property in DESCHUTES County, Oregon, described as!
Lot 13, Block 3, LA PINE INDUSTRIAL SITE, PHASE 11, Deschutes County,
Oregon,
together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or iu anywise
now or hereafter appertaining, and the rents, issues and profits thereof and all fixtures now or hereafter attached to or used in connection
with the erty
FORA? PURPOSE OF SECURING PERFORMANCE of each agreement of ggrantor herein contained and payment of the sum of
**ONE HUNDRED TWENTY THREE THOUSAND SIX HUNDRED EIGHW** Dollars, with interest
thereon
according to file terms of a promissory note of even date herewith, payable to berreficiar or order and made pa able by grantor the
filial payment of principal and interest hereof, if not sooner paid, to be due and payable >f. X*MX2UiX.AP tIL 3 , 2011
The date of utaturtty of the debt secured by this instrument is the date, stated above, on which the final installment of said note
becomes due and payable.
To protect the security of this trust deed, grantor agrees:
1. To protect, preserve and maintain said property in good condition and repair; not to remove or demolish any building or inn
provenheut thereon; not to commit or permit any waste of said property.
2. To complete or restore promptly and in good workmanlike nha finer any building or improvement which may be constructed,
damagged or destroyed thereon, and pay when due all costs incurred therefor,
3. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; it' the beneficiary
so requests, to loin in executin6 such financing statements ppursuant to the Uniform Commercial Code as the beneficiary nhay require -
and to pay for tiling same in the proper public office or ntfices, as well as fine cost of all lien searches uhade by tiling officers or
searching agencies as may be deented desirable by the beneficiary.
4. To provide and continuously maintain insurance on the buildings now or heieaher erected on said premises against loss or clawage
by, fire and such other hazards as the beneficiary may from time to time require, in an amount not less than the full insurable value,
written in companies acceptable to the beneficiary, with loss payable to the latter; all policies of insurance shall be delivered to the
beneficiary as soon as insured; it'grantor shall fail for any reason to procure any such insurance and to deliver said policies to the
beneficiary at least fifteen days prior to the expiration of any policy of insurance now or hereafter placed on said buildings, the
beneficiary may procure same at grantor's expense. The amount collected under any fire or other insurance policy may be applied by
beneficiary upon ally indebtedness secured hereby and in such order as beneficiary nhay determine, or at option of beuefichary the
entire amount so collected, or any part thereof, may be released to grantor. Sucth application or release shall not cure or waive any
default or notice of default hereunder or invalidate any act done pursuant to such notice.
5. To keep said premises free from construction liens and to pay all taxes, assesgnhents and other charges that clay be levied or
assessed upon or against said property before any part of such taxes, assessments and other charges become past due or delinquent and
promptly deliver receipts therefor to beneficiary; should the grantor fail to make payment of any taxes, assessments, insurance
prenuunhs, hens or other charges payable by grantor, either by direct payment or by providing beneficiary with funds with which to
make such payment, beneficiary may, at its option, make payment thereof, and the amount so paid, with interest at the rate set forth
in the note secured hereby, together with obligations described in paragraphs 6 and 7 of this trust deed, shall be added to and become
a part of die debt secured by this trust deed, without waiver of any rights arising from breach of any of die covenants hereof and for
such payment, with interest as aforesaid, the properly hereinbefbre described, as well as the grantor, shall be bound to the same
extent that they are bound for the payment of the obligation herein described, and all such payments shall be immediately due and
payable without notice, and the nonpayment thereof shall, at the option of the beneficiary, render all sums secured by this trust deed
inuuediately due and payable and constitute a breach of this trust deed.
6. To pay all costs, fees and expenses of this trust deed including the cost of title search as well as the other costs and expenses of
the trustee incurred in connection with or in enforcing this obligation and trustee's and attorney's fees actually incurred,
7. To appear in and defend any action or Proceeding purporting to affect the security rights or powers of beneficiary or trustee; and
ill any curt, action or proceeding in whic the beneficiary or trustee may appear, including any suit for fine foreclosure of this deed,
to pay all costs and expenses, including evidence of title and the beneficiary's or trustee's attorney's fees; the amount of attorney's
fees mentioned in this paragraph 7 in all cases shall be fixed by the trial court and in the event of an appeal frorn ay judgement or
decrees of the trial court, grantor further agrees to pay such sum as the appellate court shall adjudge reasonable as chic beneficuary's
or trustee's attorney's fees on such appeal.
It is mutually agreed that:
8. In the event that any portion or all of said property shall be taken under the right of eminent domain or condemnation, beneficiary
shall have the right, if it so elects, to require that all or any portion of the monies payable as compensation for such taking, which are _
NOTE: The Trust Deed Act provides that the Trustee hereunder most be either an attorney, who is an active nhenhber of the Oregon
State Bar, a batik, trust company, or savings and loan association authorized to do business under the laws of Oregon or the United
States, a title insurance company authorized to insure title to real property of this slate, its subsidiaries, affiliates, agents ur branches,
the United States or any agency thereof, or an escrow agent licensed under ORS 696.505 to 696.585.
T R U S T D E E D
MICHAEL R-¢SHIELDS ~ .~_F
P.O. BOX 154
LAPINE, OR 97739
Grantor
DESCHUTES COUNTY
BEND, OR
Beneficiary
r.. After -recording return to
WESTERN TITLE & ESCROW COMPANY
OF OREGON
Exhibit A to Order 2013-031
Page 2
in excess of the amount required to pay all reasonable costs, expenses and attorney's fees necessarsily paid or incurredand by grantor in such
proceedings slhall be paid to beneficiary and applied by it first upon any such reasonable cots and expenses attorney's fees,
both rir the t,rial and appellate courts, necessarily paid or incurred by beneficiary in such proceedings, and the balance applied upon die
indebtedness secured liereby; and grantor agrees, at its own expense, to Gtke such actions and execute such instruments as shall be
necessary in obtaining such avupcrLCahon, promptly upon beneficiary's ,request,
9. At any time and front time to time upon written request of beneficiary payment of its fees and presentation of this deed and the
note for endorsement (in case of full reconveyames, for cancellation), without affecting the liability o7; any person for the payment of
to indebtedness, trustee may (a) consent to the making of any map or plat of said property; (b) jour in ggranting an easement or
creating any restriction thereon; (c) join in any subordination or other agreement affecting this deed Or the ]fell of charge thereof;
(d) reconvey widiout warranty, all or any part of the property. The grantee in any reconveyance may be described as the "person or
peac legally entitled thereto, and the recitals therein of any matters or facts shall be conclusive proof of Life truthfulness thereof.
Trursostee's fees for any of the services mentioned in this paragraph shall be not less than $5,
10. Upon any default by grantor hereunder, beneficiary may at any time without notice, either in person, by agent or by a receiver
to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and
cake ppossession of said property or any part thereof, in its own name sue or otherwise collect the rents, issues and profits,
includiu~ those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable
attorney s tees upon any indebtedness secured hereby, and in such order as beneficiary may determine.
11. The entering upon and taking possession of said property, the collection of such rents, issues and profits or the proceeds of fire
and other insurance polices or compensation or awards for any taking or damage of the property, and the application or release thereof
as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
12. Upon default by grantor in payment of any indebtedness secured hereby or in his performance of any agreement hereunder, time
being of the essence with respect to such payment and/or performance, the beneficiary may declare all sums secured hereby immediately
due and payable. In such an event the beneficiary at his election may proceed to foreclose this trust deed in equity as a mortgage or
direct the trustee to foreclose this trust deed by advertisement and sale, or may direct the trustee to pursue any other right or remedy,
either at law or in equity, which the beneficiary may have, In the event the beneficiary elects to foreclose by advertisement and sale,
the beneficiary or the trustee shall execute and cause to be recorded his written notice of default and his election to sell the said
described real property to satisfy the obligation secured hereby whereupon the trustee shall fix the time and place of sale, give notice
thereof as then required by law and proceed to foreclose this trust deed in the manner provided in ORS 86.735 to 86.795.
13. After the trustee has commenced foreclosure by advertisement and sale, and at any time prior to 5 days before the date the
trustee conducts the sale, the grantor or any other person so privileged by ORS 86.753, may cure the default or defaults. If the default
consists of a failure to pay, when due, suns secured by the trust deed, die default may be cured by paying the entire amount due at life
time of the cure other than such portion as would not then be due had no default occurred. Any other default that is capable of being
cured may be cured by tendering the performance required under the obligation or trust deed. In any case, in addition to curing the
default or defaults, the person effecting the cure shall pay to the beneficiary all costs and expenses actually incurred in enforcing die
obligation of the trust deed together with trustee's and attorney's fees not exceeding the amounts provided by law.
14. Otherwise, the sale shall be held on the date and at die time and place designated in the notice of sale or the Buie to which said
sale may be postponed as provided by law: The trustee may sell said property either in one parcel or in separate parcels and shall
sell the parcel or parcels at auction to the highest bidder for cash, payable at the time of sale. Trustee slrall deliver to the purchaser
its deed rn form as required by law conveyor the property so sold, but without ally covenant or warranty, express or implied,
The recitals in the deed of any [natters of fact shall be conclusive proof of the truthfulness thereof, Any person, excluding the trustee,
but including the grantor and beneficiary, may purchase al the sale.
15. When trustee sells pursuant to the powers provided herein, trustee shall apply the proceeds of sale to payment of (1) the
expenses of sale, including the compensation of the trustee and a reasonable charge by trustee's attorney, (2) to the obligation
secured by the trust deed, (3) to all persons having recorded liens subsegwent to the the interest of the trustee in the rust deed as
their interests way appear nn ire order of their priority and (4) the surplus, if any, to the grantor or to his successor in interest
entitled to such surplus.
16. Beneficiary may from time to time appoint a successor or successors to any trustee named herein or to aiisuccessor trustee
appointed hereunder. Upon such appointment, and without conveyance to the successor trustee the latter shall be vested with all
title, powers and duties conferred upon any trustee herein named or appointed hereunder. Each such appointment and substitution shall
be made by written instrument executed by beneficiary, which, when recorded in the mortgage records of the county or counties in
which die property is situated, shall be conclusive proof of proper appointment of the successor trustee,
17. Trustee accepts this trust when this deed, duly executed and acknowledged is made a public record as provided by law. Trustee is
not obligated to notify any pparty hereto of pending sale under any other deed of trust or of any action or proceeding in which grantor,
beneficiary or trustee shall be a party unless such action or proceeding is brought by trustee.
The graulor covenants and agreel to and with the beneficiary and the beneficiary by. successor in interest that the grantor is lawfully
seized in fee simple of the real property and has a valid, unencumbered title thereto, except as may be set forth in any exhibit attached
and that the grantor will warrant and forever defend the satire against all persons whomsoever.
WARNING: Unless grantor provides beneficiary with evidence of insurance coverage as required by the contract or loan
agreement between them, beneficiary may purchase insurance at grantor's expense to protect beneficiary's interest. This
insurance may, but need not, also protect grantor's interest, If the collateral- becomes damaged, the coverage purchased by
beneficiary may not pay any, claim made by or against grantor, Grantor may later cancel the coverage by providing evidence
that grantor has obtained property coverage elsewhere. Grantor is responsible for the cost of any insurance coverage purchased
by beneficiary, which cost may be added to grantor's contract or loan balance. If it is so added, the interest rate on the under-
lying contract or loan will apply to it. The effective date of covers a may be the date grantor's prior coverage lapsed or the slate
grantor failed to provide proof of coverage. The coverage benefsciary purchases may be considerably more expensive than
insurance grantor might otherwise obtain alone and may not satisfy any need for property damage coverage or any mandatory
liability insurance requirements imposed by applicable law.
The grantor warrants that the proceeds of the loan represented by the above described note and this trust deed are:
primarily for grantors personal, family, or household purposes [NOTICE: line out the warranty that does not apply]
b) far an organization, or (even if grantor is a natural person are for business or commercial purposes.
This deed applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, adhrhiuistratois, executors,
personal representatives, successors, and assigns. The term beneficary shall mean die holder and owner, including pledgee, of the
contract secured hereby, whether or not named as a beneficiary herein.
In construing this mortgage, it is understood that the mortgagor or mortgagee ma be more than one person; that if the context so
regqwires, die singular shall be taken to mean and include the plural and that generally l granunatical changes slhall be tirade, assunhed
and implied to stake the provisions hereof apply equally to corporations and to individu c.
IN WITNESS WHEREOF, said grantor has hereunto set-his hand the day and yea rst above written.
MI CKAZI
OFFICIAL SEAL
NICOLE L CLARK
NOTARY PUBLIC-OREGON
COMMISSION NO. 331s49
M OM I I EXPIRES FES. 28
STATE OF OREGON County of J~`4- )Qn•
By
This instrument was acknowledged before me on Z Q~,
CHAEL R- SHIELDS
My Commission Expires
Exhibit A to Order 2013-031
Page 3
REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid)
TO: Trustee
The undersigned is the legal owner and holder of all indebtedness secured by the foreggoing trust deed. All sums secured by the oust
deed have been fully paid and satisfied. You hereby are directed, on payment to you of any sums owinbb• to you under the terms, of the
trust deed or pursuant to statute, to cancel all evidences of indebtedness secured by the trust deed (which are delivered to you herewith
together with the trust deed) and to reconvey, without warranty, to the parties designated by the terms of the trust deed the estate now
held by you under the same. Mail reconveyauce and documents to:
DATED:
Do not lose or destroy this Trust Deed OR T14B NOTE which it secures.
Both must be delivered to the trustee for cancellation before
reconveyance will be made. ene lcrary
Exhibit A to Order 2013-031
Page 4
ADDENDUM TO TRUST DEED
MICHAEL. R. SHIELDS, GRANTOR
•7(a). Grantor further agrees to comply with the environmental pollution
requirements as described below:
NVIR N T POLLUTION, The provisions of this section supplement
other provisions that might be applied concerning the Grantor's obligations,
responsibilities and liabilities for environmental pollution, present and future, and
for compliance with the laws, regulations or orders of any governmental agency
concerning environmental pollution, present and future, on the premises. To the
extent that the provisions of this section conflict with any such other provisions,
the provisions of this section shall control.
Where terms of this section use terms that are found in applicable state and
federal environmental pollution laws, those terms shall have the same meaning
as they have in those state and federal laws.
Grantor acknowledges that Grantor has inspected and investigated the property
and otherwise informed itself on the condition of the premises and based upon
such inspection and investigation, Grantor is satisfied that the premises do not
now contain any amounts of hazardous, toxic, radioactive or other substances for
which a property owner or operator may be made liable under state or federal
environmental pollution or health and safety laws. Accordingly, Grantor agrees
that as between the Beneficiary and Grantor, Grantor will assume responsibility
and liability as set forth below in the removal and indemnification provision for
any release or discharge of hazardous, toxic, radioactive or other dangerous
substances regulated under state or federal pollution control laws found hereafter
on, in, or about the premises.
Grantor will not generate, store, process or dispose of or release or discharge
into the environment hazardous, toxic, radioactive or other dangerous
substances on or about the subject premises in any amount, nor will Grantor
allow such prohibited activities to take place on the property.
Grantor covenants to report, contain and remove in conformance with applicable
state and federal law any releases of hazardous, toxic, radioactive or other
substances regulated under state or federal pollution control laws that are found
on or in the premises or any releases of such materials found off the premises
that originated from the premises and to be responsible for the cost of removal of
such substances.
Grantor agrees to indemnify, defend and hold the Beneficiary, its officers, agents
and employees, harmless from and against any claims, demands, causes of
action or suits for damages, reimbursement or any other cost of compliance,
including, but not limited to, remedial action costs, removal costs, natural
resources damages, penalties, punitive damages, interest costs, attorney fees
and damages of any kind to third parties, arising from the discharge, release or
threatened release on or in the premises of any hazardous, toxic or radioactive
substance .
Initial
Initial ,d
Exhibit A to Order 2013-031
Page 5
r
A... ..~n.r err
RECORDED AT THE REQUEST OF AND
AFTER RECORDING RETURN TO:
R
Reserved for Recorder's Use
APPOINTMENT OF SUCCESSOR TRUSTEE
KNOW ALL MEN BY THESE PRESENTS THAT RELATIVE TO THAT CERTAIN DEED OF
TRUST DESCRIBED AS FOLLOWS:
Dated: April 2, 2001
Recorded: April 3, 2001
Recording Reference 2001-15359, Deschutes County Records
County of: Deschutes
State of; Oregon
Trustor: Michael R. Shields
Original Trustee: Western Title & Escrow Company
Original Beneficiary; Deschutes County, Oregon
THE UNDERSIGNED, who is the present Beneficiary under the Trust Deed, desires to appoint
a new Trustee in the place and stead of the original Trustee named above.
NOW THEREFORE, the undersigned hereby appoints Tom Anderson, Deschutes County
Administrator, whose address is 1300 N,W. Wall St. Suite 200, Bend, Oregon, as Successor
Trustee under the said Trust Deed, to have all the power of the original Trustee, effective
immediately.
IN CONSTRUING this instrument, and whenever the context so requires, the singular
includes the plural,
IN WITNESS WHEREOF, the undersigned Beneficiary has executed this document. If the
undersigned 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 so by order of its board of directors.
Executed this day of July, 2013
By:
Title:
State of Oregon, County of ) ss.
This instrument was acknowledged before me on this day of July, 2013 by
Notary Public for the State of Oregon
Exhibit B to Order 2013-031
Page 1