2013-1153-Order No. 2013-040 Recorded 9/6/2013FICIAL NANCYDESCHUBLANKENSHIPTES COUNTY
CLERKDS CJ ~013.11~3
VIE COMMISSIONERS' JURNAL
~ 09/46/013 ~8 ; 39 ; 25 AM
L GAL COUNSEL 111 iiiiI1~ IIIN I I 111111I111
20 1
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC14U"TES COUNTY, OREGON
An Order Approving and Confirming the Sale of
Certain Real Property Acquired by Deschutes
County.
ORDER NO. 2013-040
WHEREAS, on June 12, 2013, the Board of County Commissioners ("Board") signed Order 2013-025,
incorporated by reference herein, ordering the sale of certain County property acquired through tax foreclosure
proceedings; and
WHEREAS, on August 9, 2013, the Deschutes County Sheriff held the public auction as ordered; and
WHEREAS, the Deschutes County Sheriff received bids equal to or in excess of the minimum bids set
forth in Order No. 2013-025 and the highest bid for each property being herein set forth in the Sheriffs Return,
attached hereto as Exhibit "A" and by this reference incorporated herein, and
WHEREAS, it appears that the bids set forth in Exhibit "A" are the highest and best bid received at sale,
and it is in the best interest of the County to accept said bids; now, therefore,
THE, BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That the bids set forth in Exhibit "A" are hereby approved and confirmed.
Section 2. That the sale of property authorized by Order 2013-025 is hereby confirmed and closed.
Section 3. The County Property and Facilities Director shall prepare deeds for Board signature in
accordance with Exhibit "A."
Dated this of kkoat4 I , 2013
0
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTE
fA4~ ST:
f
Recording Secretary
Wa44
ALAN UNGER, Chair
TAMMY BANEY, Vice`ehair
`2V9~_
ANTHONY DEBONE, Commissioner
ORDER No. 2013-040 (08/28/2013)
SHERIFF'S RETURN
2013 COUNTY REAL PROPERTY SALE
I hereby certify that on June 13, 2013, 1 received the attached Board of County Commissioners
Order No. 2013-025 authorizing the sale of real property described in Exhibit A of said Order.
On July 9, 2013, the Notice of Sale was delivered to the Bulletin via electronic mail, a newspaper
of general circulation in the county, for publication for four weeks, to wit: July 10, 2013; July 17, 2013;
July 24, 2013, and July 31, 2013.
On August 9, 2013 at 10:00 a.m., the sale was held in Barnes Hearing Room, 1300 NW Wall
Street, Bend, Oregon.
The total amount of all bids for the properties sold was $117,500.00 (One hundred seventeen
thousand five hundred and 00/100 Dollars). The total amount of cash and cashier's checks received on
the day of the sale was $82,300.00 (Eighty-two thousand three hundred and 00/100 Dollars), with the
remainder of the bid amount financed by the purchaser/s. Exhibit 1 of the Sheriff's Return lists the
properties for sale, disposition of the properties, amount bid, and name of purchaser.
I hereby make this return to the Board of County Commissioners.
LARRY BLANNTON,
Deschutes County Sheriff
Lisa Griggs, Civil Techni
'#j
Date: August 22, 2013
Attachments
Copy of Board Order No. 2013-025
Exhibit 1 - List of properties
Page 1 of 1 2013 County Real Property Sale Sheriff's Return
Exhibit "A"
Order 2013-040
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REVI ri,6V
-q, LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order for the Sale of Certain Real
Property Acquired by Deschutes County ORDER NO. 2013-025
WHEREAS, Deschutes County has acquired title to certain real property, described in Exhibit
attached and incorporated by this reference, pursuant to real property tax foreclosure
proceedings on file in the Circuit Court of the State of Oregon for Deschutes County and by other
means, and
WHEREAS, foreclosure proceedings are completed, and tax deeds in the regular form have
been executed by the Deschutes County Tax Collector and recorded in the Deed Records of
Deschutes County pursuant to ORS 312.200 with respect to real properties acquired by tax
foreclosure, and
WHEREAS. ORS 271.310 and 275.110 authorize the sale by the Board of County
Commissioners of the real property acquired through real property tax foreclosure and other means,
and
WHEREAS, the real property described in Exhibit "A," attached is not needed for County
purposes and, thus, surplus, and
WHEREAS, it appears that it is in the best interests of the County to sell the real property
described in Exhibit "A", and that the minimum price set forth after the description of each parcel, be
the minimum price for said sale; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. That the Deschutes County Sheriff hereby is authorized and directed, pursuant to
ORS 275.120, to offer for sale the property described in Exhibit "A", attached hereto and by this
reference incorporated herein, to the highest and best bidders, for cash, cashier's check or terms, or
combination thereof, as determined by the Board of County Commissioners pursuant to ORS
275.190, but not less than the minimum bid hereby fixed, plus recording fees.
Section 2. That said sale is to be made at the Barnes Hearing Room, 1300 NW Wall Street,
Bend, Oregon, beginning at 10:00 a.m. on Friday, August 9, 2013, and remaining open until 4:00 p.m.
to allow for bidders to submit the appropriate purchase payment.
Section 3. That on the sale date, Bidders with the provisionally accepted high bid may leave
the premises to obtain cash or cashier's checks but must return to the Barnes Hearing Room prior to
2:00 p.m., with no Bidder admittance after 2:00 p.m. allowed.
PAGE 1 OF 2- ORDER No. 2013-025 (06/14/12/13)
s.
Section 4. That all sales shall be deemed conditional until such time as the Board of County
Commissioners formally accepts or rejects said sale.
Section 5. That, if the Sheriff is unsuccessful in selling any real property listed in Exhibit "A" at
said sale, said real property may be sold at private sale pursuant to ORS 275.200.
Section 6. That the Deschutes County Property Specialist is authorized to take those actions
reasonably calculated to efficiently and successfully conduct the aforementioned land sale, including
deviation from or modification of sale procedures, when, in the opinion of the Property Specialist, said
deviations or modifications are justified and in accordance with all laws.
Section 7. That the Deschutes County Property and Facilities Director or the County
Administrator is authorized and ordered to sign the Seller's Disclosure Statements and Sales
Agreements for the County owned property to be sold at the August 9, 2013, public auction.
Section 8. That the promissory note and trust deed attached as Exhibit "B", attached and
incorporated by this reference, shall be the documents authorized for sale of the properties eligible for
County financing, as identified in Exhibit "A".
Dated this of June, 2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ax.,
ATTEST:
Recording Secretary
ALAN UNGER, Chair
lh4~
TAMMY B EY, Vic hair
ANTHONY DEBONE, Commissioner
PAGF 2 of 2- ORDER NO. 2013-025 (06/14/12/13)
EXHIBIT 'W$
NOTICE OF SALE
By virtue of Order No. 2013-025 adopted by the Board of County Commissioners of
Deschutes County, Oregon, on June 12, 2013, authorizing the sale of real property under ORS
271.310 and 275.110, notice is hereby given that, on August 9, 2013, at 10:00 a.m. in the Barnes
Hearing Room, 1300 NW Wall Street, Bend, Oregon, the Sheriff or his designee shall proceed to sell,
at public auction to the highest and best bidder, for cash, cashier's check or terms, or combination
thereof, the right and title to and interest in of Deschutes County in the real property listed below:
Parcel ID
2013-01
Assessor Account
127496
Assessor Market Value
$71,305.00
Map and Taxlot
151316AA00600
Property Address
205 SW Black Butte Blvd., Redmond, OR 97756
Minimum Bid
$44,000.00
Comments
SOLD AS IS. Older one-story home with attic, 1100 sf.
Parcel ID
2013-02
Assessor Account
150790
Assessor Market Value
$170,000.00
Map and Taxlot
1611250001200
Property Address
64835 Bill Martin Rd, Bend, OR 97701
Minimum Bid
$136,000.00
Comments
Includes Conditional Use Permit for nonfarm dwelling.
Parcel ID
2013-03
Assessor Account
267308
Assessor Market Value
$170,000.00
Map and Taxlot
1611250001201
Property Address
64815 Bill Martin Rd, Bend, OR 97701
Minimum Bid
$136,000.00
Comments
Includes Conditional Use Permit for nonfarm dwelling.
Parcel ID
2013-04
Assessor Account
202728
Assessor Market Value
$12,270.00
Map and Taxlot
171229AD00399
Property Address
Unassigned address, Division St, Bend, OR 97701
Minimum Bid
$5,000.00
Comments
Unbuildable strip.
Parcel ID 2013-05
Assessor Account 131690
Assessor Market Value $68,990.00
Map and Taxlot 1714210001900
Property Address 25340 Bachelor Ln, Bend, OR 97701
Minimum Bid $54,500.00
Comments SOLD AS IS. Older manufactured home on 4+ acres. Alfalfa
area.
Page 1 of 4
Parcel ID
Assessor Account
Assessor Market Value
Map and Taxlot
Property Address
Minimum Bid
Comments
2013-06
151204
$15,850.00
1916160000600
Unassigned Address, Millican area
$8,500.00
Vacant land. Mav not have leaal access.
Parcel ID 2013-07
Assessor Account 151220
Assessor Market Value $13,560.00
Map and Taxlot 1916160002100
Property Address Unassigned Address, Millican area
Minimum Bid $6,000.00
Comments Vacant land. May not have legal access.
Parcel ID
Assessor Account
Assessor Market Value
Map and Taxlot
Property Address
Minimum Bid
Comments
2013-08
116359
$35,000.00
201013AO08000
56319 Stellar Dr, Bend, OR 97707
$6,400.00
Vacant lot.
Parcel ID
Assessor Account
Assessor Market Value
Map and Taxlot
Property Address
Minimum Bid
Comments
Parcel ID
Assessor Account
Assessor Market Value
Map and Taxlot
Property Address
Minimum Bid
Comments
2013-09
125971
$25,000.00
201119BO16000
17270 Brant Dr, Bend, OR 97707
$20,000.00
Residential lot. Sewer is available.
must treat wildfire fuels.
2013-10
126086
$35,000.00
2011190002600
55642 Snow Goose Rd, Bend, OR 97707
$20,000.00
Residential lot. Sewer is available.
Parcel ID
Assessor Account
Assessor Market Value
Map and Taxlot
Property Address
Minimum Bid
Comments
2013-11
113760
$38,825.00
2110220000100
16187 Dawn Rd, La Pine, OR 97739
$44,000.00
SOLD AS IS. Older one-story home with attic (1024 sfl and
Page 2 of 4
EXHIBIT "A"
Parcel ID
2013-12
Assessor Account
114978
Assessor Market Value
$21,550.00
Map and Taxlot
221014BDO2601
Property Address
51416 Evans Way, La Pine, OR 97739
Minimum Bid
$5,000.00
Comments
Vacant lot. May not have legal access.
Parcel ID
2013-13
Assessor Account
152289
Assessor Market Value
$53,660.00
Map and Taxlot
2219000001200
Property Address
Unassigned address, Deschutes County
Minimum Bid
$38,400.00
Comments
Vacant land. Ma not have legal access.
All prospective bidders shall register the day of the sale or with the Deschutes County
Property Specialist any business day between August 1, 2013 and August 7, 2013. Registration may
be in person at 14 NW Kearney Avenue, Bend, Oregon, between the hours of 9:00 a.m. and 4:00
p.m.; by fax at (541) 317-3168; or by E-mail to teresa.rozic deschutes.o , by providing bidder's
legal name, physical address, mailing address and telephone number. Bidders must provide an
acceptable picture I.D. prior to bidding.
Prior to 4:00 p.m. August 9, 2013, the highest bidder will pay the full balance of bidder's
provisionally accepted high bid, plus recording and certificate of sale fees, in cash or cashier's check
or, for properties on which financing is available per the above list, the following terms: either equal
payments over 10 years with a fixed interest rate of 5.25%; or, down payment and second/final
payment in 30 days; both with a nonrefundable cash down payment of not less than 20% of the
purchase price, recording fees and certificate of sale fees, secured by a promissory note and trust
deed. Copies of the complete contract terms may be found at www.deschutes.org a copy will be
provided at $.25 per page upon request to the County Property Specialist listed above.
On the sale date, Bidders with the provisionally accepted high bid may leave the premises to
obtain cash or cashier's checks but must return to the Barnes Hearing Room prior to 2;00 p.m. No
admittance after 2:00 p.m. will be allowed.
Cash is defined as all legal U.S. currency. Cashier's checks must be payable to Deschutes
County. Cashier's checks must be drawn on a financial institution that is authorized to do business
under the laws of Oregon or the United States. If any part of the purchase price is paid with a
cashier's check the purchaser will be given a receipt in lieu of a certificate of sale until verification
from the financial institution that final settlement has been made on the cashier's check. Upon
receiving such verification, the purchaser will receive a certificate of sale. If any part of the purchase
price is paid through the contract for terms, the purchaser will be given a certificate of sale that
includes the tem7s and will be required to sign a promissory note for which a trust deed will be
recorded.
The highest offer for any parcel that is equal to or exceeds the minimum bid price shall be
conditionally accepted as of the close of bidding for that parcel. Upon conditional acceptance of an
offer at the time of the sale, the sale as to that parcel shall be deemed closed. The Board of County
Commissioners may authorize the sale of any real property not sold at this auction to be sold by
Page 3 of 4
private sale pursuant to ORS 275.200. Additionally, Deschutes County reserves the right to remove
any property from the auction list at or before the auction.
ALL PARCELS ARE SOLD AS IS. Potential bidders should thoroughly investigate all
aspects of a property prior to bidding. Deschutes County has not surveyed the aforementioned real
properties and makes no representation as to boundaries, encroachments or encumbrances.
Deschutes County does not guarantee or warrant that any parcel is buildable, suitable for septic
system, has legal access, is vacant or is usable for any particular purpose. The County shall not
warrant or defend the fee simple title of real property offered for sale to be free of defects or
encumbrances, but will only sell and convey such interest as the County acquired by foreclosure or
other means and holds at the time of sale. Furthermore, conveyance is subject to all valid, recorded
easements, road right of way dedications and the right of any municipal corporation to purchase such
property pursuant to State law and subject to the right of the Board of County Commissioners to reject
any and all bids.
SOME PROPERTY WILL BE SOLD SUBJECT TO BUYER AGREEING TO ELIMINATE
THE WILDFIRE FUELS.
An example of the Fuels Management Agreement is available for review on the Deschutes
County website (www.deschutes.org) and at the office of Deschutes County Property Management,
14 NW Kearney Avenue, Bend, Oregon. Packets of tax lot maps may be viewed through the website
address above or purchased from the Deschutes County Property Management Department at the
above address. For information on the land sale auction, contact Deschutes County Property
Management at (549) 330-4656.
The sale location is wheelchair accessible. Materials are available in alternative formats. For
the deaf or hard of hearing, an interpreter or assistive listening system will also be provided with 48
hours notice. To arrange for these services, please contact Risk Management at (541) 330-4631.
LARRY BLANTON
Deschutes County Sheriff
By
Civil Technician
Published in Bend Bulletin
Date of First and Successive Publications: July 11, 2013, July 18, 2013, July 25, 2013
Date of Last Publication: August 1, 2013
Page 4 of 4
EXHIBIT "B99 REVIEWED
NOTE LEGAL COUNSEL
PARTIES:
Promisor: «BUYERFIRSTNAME* aBUYERMIDDLENAMEo aBUYERLASTNAME»
«BuyerAddress1»
«BuyerCityStateZip u
Promisee: DESCHUTES COUNTY, a political subdivision of the State of Oregon
Finance Department
PO Box 6605
Bend, Oregon 97708-6005
FOR VALUE RECEIVED, Promisor promises to pay Promisee, at Promisee's order, the
purchase price, which consists of the principal sum of this note plus the twenty percent (20%)
previously paid to Promisee as a down payment, for the real property commonly known as
(«SitusAddressn) and legally described as:
((LegaiDescriptiom)
in the principal sum of «AmountFinanced» with interest on the unpaid principal balance from
until paid, at the rate of five and one-quarter per cent (5.25%) per annum.
Principal and interest shall be payable to Deschutes County Treasurer, Finance Department,
PO Box 6005, Bend, Oregon 97708-6005, or such other place as Promisee may designate, in
consecutive monthly installments of /100 DOLLARS on the
1st day of each month beginning Such monthly installments shall
continue until the entire indebtedness evidenced by this Note is fully paid, except that any
remaining indebtedness, if not sooner paid, shall be due and payable
on . Promisee acknowledges receipt of a down payment in the
amount of ((DownPayment)).
If any monthly installment under this Note is not paid when due and remains unpaid after
a date specified by a notice to Promisor, the entire principal amount outstanding and accrued
interest thereon shall at once become due and payable at the option of Promisee. The date
specified shall not be less than thirty days from the date such notice is mailed. Promisee may
exercise this option to accelerate during any default by Promisor regardless of any prior
forbearance.
Promisor shall pay to Promisee a late charge of five per cent (5%) of any monthly
installment not received by Promisee within ten (10) days after the installment is due. Such late
charge shall be paid on demand and Promisee may add such late charge to the principal
balance of the Note.
Promisor may prepay the principal amount outstanding in whole or in part. Promisee
may require that any partial prepayments (i) be made on the date monthly installments are due
and (ii) be in the amount of that part of one or more monthly installments which would be
applicable to principal. Any partial prepayment shall be applied against the principal amount
outstanding and shall not postpone the due date of any subsequent monthly installments or
change the amount of such installments, unless Promisee shall otherwise agree in writing.
DC 2013-
EXHIBIT "B"
All persons liable either now or hereafter for payment of this Note severally waive
presentment, demand for payment and notice of nonpayment. This Note shall be the joint and
several obligation of all persons liable for payment of this Note, and shall be binding upon them
and their successors and assigns.
Any notice to Promisor provided for in this Note shall be given by mailing such notice by
certified mail addressed to Promisor at the address set forth under Promisor's name, or to such
other address as Promisor may designate by notice to Promisee. Any notice to Promisee shall
be given by mailing such notice by certified mail, return receipt requested, to Promisee at the
address set forth under Promisee's name, or at such other address as may have been
designated by notice to Promisor.
This obligation is secured by a real estate Trust Deed, Deschutes County Document
, with power of sale, of even date herewith, and is subject to all of the terms and
conditions of such Trust Deed.
If this Note is placed in the hands of an attorney, Promisor agrees to pay the reasonable
fee and expenses of such attorney even though no suit or action is instituted or no sale of the
property has been directed under the terms of the real estate Trust Deed securing this
obligation. Such fees, expenses and costs may, at Promisee's option, be added to the principal
balance of this Note.
Failure to exercise any option to declare default or accelerate the balance due hereon
shall not constitute a waiver of the right to exercise the same in the event of any subsequent
default. Modification of the terms of payment of this Note made at the request of any person
liable thereof shall not impair such person's liability or the liability of any other person now or
hereafter liable for the payment hereof.
In the event that a building permit or a manufactured home placement permit Is
issued on the premises identified in the Trust Deed, this Note immediately becomes due
and payable.
Promisor acknowledges that based upon Promisor's own inspection and investigation,
Promisor is satisfied that the premises identified in the Trust Deed do not now contain any
amounts of hazardous, toxic, radioactive or other substances for which a property owner or
operator may be liable under state or federal environmental pollution or health and safety laws.
Accordingly, Promisor agrees that, as between Promisee and Promisor, Promisor will
assume responsibility and liability and shall indemnify Promisee 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 identified in the Trust Deed.
NOTICE TO THE PROMISOR
DO NOT SIGN THIS NOTE BEFORE YOU READ IT, THIS NOTE AUTHORIZES THE
PROMISEE TO REFUSE TO ACCEPT PARTIAL PREPAYMENTS WHICH ARE NOT
TENDERED ON THE DATE MONTHLY INSTALLMENTS ARE DUE AND WHICH ARE NOT
IN THE AMOUNT OF THAT PART OF ONE OR MORE INSTALLMENTS WHICH WOULD BE
APPLICABLE TO PRINCIPAL. CAUTION: READ BEFORE SIGNING.
DC 2013-
EXHIBIT "B"
13EFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING
FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS
195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,
OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,
AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES
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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A
LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010,
TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY
LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN
ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY
OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON
LAWS 2010.
PROMISOR:
PROMISEE:
DATED this day of , 2013
ATTEST:
Date:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
Recording Secretary ANTHONY DEBONE, Commissioner
DC 2013-
O taBB-YDW BTEVENL-fa;sS LAW F. .,Mq eo., PoRTLAN0. op WWM*~K%
No PART CF ANY STEVEHB-NESS FORM MAY BE REPROnUCF.D IN ANY FDRM OR BY ANY ELECTRONIC OR MECHANICAL MEANS.
TRUST DEED
-
Onnlar•aN.meargAddraa
asnMclerysNemeendAddryra __.v-----
After reoov4 g, Mum to (Ranh, Address, 7Jp1:
STATE OF OREGON,
} Ss.
County of
I certify that the within instrument was
received for recording on ,
at o'clock M., and recorded in
book/reel/volume No, on page
SPACE RESERVED and/or as fee/file/instrument/microfilm/reception
FOR
RECORDER'S USE No. Records of this County.
Witness my hand and seal of County affixed,
By
THIS TRUST DEED, made on
WITNESSETH:
Deputy.
between
as Grantor,
as Trustee, and
as Beneficiary,
Grantor irrevocably grants, bargains, sells and conveys to trustee, in trust, with power of sale, the property in
County, Oregon, described as;
together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in any way
now or hereafter appertaining, and the rents, issues and profits thereof, and all fixtures now or hereafter attached to or used in con`
nection with the =eity
FOR THE p(,IIipOSE OF SECURING P13RFORMANCE of each agreement of grantor herein contained and payment of the sum of
Dollars, with interest therdon according to the terms of a promissory note of even date herewith, payable to beneficiary or order and trade by grantor, the final
payment of principal and interest, if not sooner paid, to be due and payable on
The date of maturity of the debt secured by this instrument is the dace, stated above, on which the final lnstallrtlent of the note becomes due and payable.
Should The grantor either agree to, attempt to, or actually sell, convey, of aslgn all (or any part) of the property, or all (or any part) of grantor's interest in it without
first obtaining the written consent or approval of the beneficiary, than, at the beneficiary's option`, all obligations secured by this ins0rtunen6 irrespective of the matu-
tiry dates expressed therein, or herein, shall become Immediately due and payable. The execution by grantor of an earnest money agmement*• does not constitute a
sale. conveyance or assignment.
To protect the security of this trust deed, grantor Agrees:
1. To protect, preserve and maintain de property in good condition and repair; not to remove or demolish any building or improvement thereoa; and not to
commit or permit any waste of the property,
2. To complete or restore promptly and in good and habitable condition any building or Improvement which maybe constructed, damaged or destroyed there-
on, and y when due all costs incurred therefor.
3. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; if the beneficiary so requests, to join in exc-
cuting such financing statements pursuant to the Uniform Commercial Code as the beneficiary may require, and to pay for filing the same in the proper public office
or offices, as well as the cost of all lien searches made by filing officers or searching agencies as may be deemed desirable by the beneficiary.
4, To provide and continuously maintain insurance on the buildings now or hereafter erected on the property against Ions or damage by fire and other haz-
asds, as the beneficiary may from time to time require, in an amount not less than 3----- written by one or more
companies acceptable to the beneficiary, with loss payable to the latter. All policies of insurance shall be delivered to the beneficiary as soon as issued. If the grantor' fail for
any reason to procure any such insurance and to deliver the policies to the beneficiary at least fifteen days prior to the expiration of any policy of insur-
ance now or hereafter placed on the buildings, the beneficiary may procure the same at grantor's expense, The amount collecec under any fire or other insurance pol-
icy may be applied by beneficiary upon any indebtedness secured hereby and in such order as beneficiary may determine, or at option of beneficiary the entire amount
so collected, or any put thereof, may be released to grantor, Such application or release shall not cure or waive any default or notice of default hereunder or invali-
date any act done pursuant to such notice.
5. In keep the property free from construction liens and to pay all taxes, assessments and other charges that may be levied or assessed upon or against the
property before any pan of such taxes, assessments and other charges becomes past due or delinquent and promptly deliver receipts therefor to beneficiary, Should
the grantor [ctrl to rralce payment of any taxes, assessments, insurance premiums, 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 iatereat at the rate set
forth in the Dote secured hereby, together with the obligations described in paragraphs 6 and 7 of this trust deed, shall be added to and become a part of rte debt
accused by this trust deed, without waiver of any rights Arising from breach of any of the covenants hereof, For such payments, with interest as aforesaid, the proper-
ty hereinbefore described, as well as the grantor, "I be bound to the same extent that they am bound for the payment of the obligation herein described. All such
payments shall be immediately due and payable without notice, and the nonpayment thereof shall, at the option of d'& beneficiary, render All sums secured by this
trust deed immediately due and payable and shall constitute a breach of this trust deed.
6. To pay all casts, fees and m rises of this trust, including the cost of title search, As well as the other costs and expenses of the trustee incurred in con-
necdon with or in enforcing this obligation, and trustee and attorney fees actually Incurred.
7. To appear in and defend any action or proceeding purporting to affect the security rights or powers of beneficiary or truster and i n or pro-
reading in which the beneficiary or trustee may appear, including any suit for the foreclosure of this decd or any suit or action related to s i nt including
but not limited to its validity and/or enforceability, to pay all costs and expenses, including evidence of title and the beneficiary's or trustee's o s, amount
of attorney Rees mentioned in this paragraph in all cases shall be fixed by the trial court, and in the event of an appeal from any ..udgment or he al court,
grantor further agrees to pay such sum as the appellate court shall adjudge reasonable as the beneficiary's or uusicc's attorney fees oa such p
It is mutually agreed that-
s. In the event that any portion or all of the property shall betaken under the right of eminent domain or condemnation, beneficiarl t ght, if it
so elects, to require that all or any portion of the monies payable a compensation for such taking which are in excess of doe amount re it) ey all asonable
costs, expenses and attorney fees necessarily paid or incuued by grantor in such proceedings, shall be paid to beneficiary and applied by it said ay asonable
costs and wrpensaa and attorney fees, both in the trial and appellate courts, necessarily paid or incurred by beneficiary in such proceedings, d'it>~khl applied
upon the indehtedocss secured hereby. Grantor agrees, at its own expense, to take such actions and execute such instruments as shall be esapb ing such
compensation promptly upon beneficiary's request.
T==, the trustee hereunder tun be either 6.n ram who la an avrwe mem4er of the organ SreN ass, a b0N4 true tom try or eeWn and loon
now th Ion "ey A e Unh dfla so bras of onpan or On U., AWr, a ALN IrwLbenN comport aumerwd re m,ur. mar ro reel aeperrr of tC solo, he go an loon
rhgrw, rn unne smaw or a +yeno thereof,"sarm aim no , under ORB 6696.509 w eva.sas. ubskilmrfu
911-3rsguW sad cony prvh as std w. vp1ter,
Ate that emb an agraanent owdress the law of ep1 g asaaWerya aerr.nt in complete darll.