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2015-197-Order No. 2015-020 Recorded 5/14/2015 REVI ED DESCHUTES CLERK C3 415.197 COMMISSIONERS' JOURNAL 05114/2015 08:21:34 AM LEGA COUNSEL 11148 11111111111II11 2 -197 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. 2015-020 WHEREAS, Deschutes County has acquired title to certain real property, described in Exhibit "A," 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 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, June 26, 2015, and remaining open until 2:00 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. 2015-020(04/29/15) 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 Manager 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 Manager, 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 June 26, 2015, 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 (i- day of April, 2015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair abut_ aut.._ ALAN UN Chair UNGER, Vice a ir ATTEST: (61514,c-L t • Recording Secretary TAMMY B£s► Y, Commi ner PAGE 2 OF 2-ORDER No. 2015-020(04/29/15) EXHIBIT "A" NOTICE OF SALE By virtue of Order No. 2015-020 adopted by the Board of County Commissioners of Deschutes County, Oregon, on April 29, 2015, authorizing the sale of real property under ORS 271.310 and 275.110, notice is hereby given that, on June 26, 2015, 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 2015-01 Assessor Account 128104 Assessor Market Value $296,800.00 Map and Taxlot 141319A001300 Property Address Unassigned Address, Almeter way, Terrebonne Minimum Bid $20,000.00 Comments Vacant, rural parcel. Zoned EFU-TE. Legal Lot status has not been determined. Parcel ID 2015-02 Assessor Account 130285 Assessor Market Value $45,000.00 Map and Taxlot 151330BA01300 Property Address 3197 SW 45th St., Redmond, OR 97756 Minimum Bid $40,000.00 Comments Vacant, platted residential lot in the City of Redmond with paved street and utilities. Parcel ID 2015-03 Assessor Account 150790 Assessor Market Value $170,000.00 Map and Taxlot 1611250001200 Property Address 64835 Bill Martin Rd, Bend, OR 97701 Minimum Bid $124,000.00 Comments Vacant rural parcel. Includes Conditional Use Permit for nonfarm dwelling. Parcel ID 2015-04 Assessor Account 242392 Assessor Market Value $10,000.00 Map and Taxlot 161316AC01300 Property Address 23010 Brushline Ct., Bend, OR 97701 Minimum Bid $8,000.00 Comments Vacant platted lot in Pronghorn Destination Resort. Page 1 of 6 EXHIBIT "A" Parcel ID 2015-05 Assessor Account 180241 Assessor Market Value $13,420.00 Map and Taxlot 1811120000300 Property Address Unassigned Address, Century Drive (City of Bend) Minimum Bid $20,000.00 Comments Vacant land. May not have utility access. Parcel ID 2015-06 Assessor Account 109835 Assessor Market Value $82,765.00 Map and Taxlot 181136D005900 Property Address 59610 Navajo Circle, Bend, OR 97702 Minimum Bid $47,200.00 Comments SOLD AS IS. Platted lot with older single family dwelling. Parcel ID 2015-07 Assessor Account 180752 Assessor Market Value $14,640.00 Map and Taxlot 181204D000990 Property Address Unassigned address (SE 9t" St., Bend, OR Minimum Bid $4,800.00 Comments Vacant parcel. Will require a 10 foot right of way dedication along SE 9t" St. with site development. Limited building area. Parcel ID 2015-08 Assessor Account 115866 Assessor Market Value $30,000.00 Map and Taxlot 201012C006300 Property Address 16849 Fontana Rd., Bend, OR 97707 Minimum Bid $7,200.00 Comments Vacant platted residential lot. Area of high groundwater and septic denial. Buyer must treat wildfire fuels. Property may not be developable due to inability to place an on-site sanitary wastewater system. Parcel ID 2015-09 Assessor Account 137547 Assessor Market Value $35,535.00 Map and Taxlot 201025B006600 Property Address 55467 Jamie Way, Bend, OR 97707 Minimum Bid $4,000.00 Comments Vacant platted residential lot. Area of high groundwater and septic denial. Buyer must treat wildfire fuels. Property may not be developable due to inability to place an on-site sanitary wastewater system. Page 2of6 EXHIBIT "A" Parcel ID 2015-10 Assessor Account 137566 Assessor Market Value $38,380.00 Map and Taxlot 201025B006700 Property Address 55473 Jamie Way, Bend, OR 97707 Minimum Bid $4,000.00 Comments Vacant platted residential lot. Area of high groundwater and septic denial. Buyer must treat wildfire fuels. Property may not be developable due to inability to place an on-site sanitary wastewater system. Parcel ID 2015-11 Assessor Account 137565 Assessor Market Value $44,175.00 Map and Taxlot 201025B006800 Property Address 55481 Jamie Way, Bend, OR 97707 Minimum Bid $4,000.00 Comments Vacant platted residential lot. Area of high groundwater and septic denial. Buyer must treat wildfire fuels. Property may not be developable due to inability to place an on-site sanitary wastewater system. Parcel ID 2015-12 Assessor Account 137564 Assessor Market Value $68,370.00 Map and Taxlot 201025B006900 Property Address 55483 Jamie Way, Bend, OR 97707 Minimum Bid $4,000.00 Comments Vacant platted residential lot. Area of high groundwater and septic denial. Buyer must treat wildfire fuels. Property may not be developable due to inability to place an on-site sanitary wastewater system. Parcel ID 2015-013 Assessor Account 126233 Assessor Market Value $23,210.00 Map and Taxlot 201130A002100 Property Address 17415 Cedar Ct., Bend. OR 97707 Minimum Bid $4,000.00 Comments Vacant platted residential lot. Area of high groundwater and septic denial. Buyer must treat wildfire fuels. Property may not be developable due to inability to place an on-site sanitary wastewater system. Page 3of6 EXHIBIT "A" Parcel ID 2015-14 Assessor Account 126231 Assessor Market Value $23,210.00 Map and Taxlot 201130A002300 Property Address 17455 Cedar Ct., Bend. OR 97707 Minimum Bid $4,000.00 Comments Vacant platted residential lot. Area of high groundwater and septic denial. Buyer must treat wildfire fuels. Property may not be developable due to inability to place an on-site sanitary wastewater system. Parcel ID 2015-15 Assessor Account 139489 Assessor Market Value $36,130.00 Map and Taxlot 211016B008700 Property Address Unassigned Address (Corner of Park and Yoho Drives, La Pine) Minimum Bid $11,200.00 Comments Vacant, platted residential lot. Buyer must treat wildfire fuels. Parcel ID 2015-16 Assessor Account 140643 Assessor Market Value $60,300 Map and Taxlot 211029D003000 Property Address 52856 Sunrise Blvd., La Pine, OR 97739 Minimum Bid $19,200.00 Comments SOLD AS IS. Platted legal lot with older single wide manufactured home. Parcel ID 2015-17 Assessor Account 144183 Assessor Market Value $307,675.00 Map and Taxlot 220901A003100 Property Address 14717 N. Sugar Pine Way, La Pine, OR 97739 Minimum Bid $221,600.00 Comments SOLD AS IS. Partially constructed single family dwelling. Detached garage and shop. All permits expired. Property has a Federal Tax Lien of$190,207.89 that will be settled by the County from the proceeds of the sale. Parcel ID 2015-18 Assessor Account 141650 Assessor Market Value $85,540.00 Map and Taxlot 221005A003500 Property Address 15500 Federal Rd., La Pine, OR 97739 Minimum Bid $16,000.00 Comments SOLD AS IS. Platted legal lot with older double wide manufactured home Page 4 of 6 EXHIBIT "A" Parcel ID 2015-19 Assessor Account 115298 Assessor Market Value $32,410.00 Map and Taxlot 221016B000414 Property Address 15656 6th St., La Pine, OR 97739 Minimum Bid $20,000.00 Comments Vacant, land. Had sand filter septic feasibility approved in 2006. Parcel ID 2015-20 Assessor Account 152289 Assessor Market Value $53,660.00 Map and Taxlot 2219000001200 Property Address Unassigned address (Frederick Butte Area) Minimum Bid $22,272.00 Comments Vacant rural land. May not have legal access. Surrounded by USA/BLM. All prospective bidders shall register the day of the sale, or in person with the Deschutes County Property Manager any business day between June 17, 2015 and June 23, 2015 at 14 NW Kearney Avenue, Bend, Oregon, between the hours of 9:00 a.m. and 2:00 p.m.; by fax at (541) 317- 3168; or by E-mail to james.lewis@deschutes.orq, by providing a completed bidders registration form that includes bidder's legal name, physical address, mailing address and telephone number. Bidders must provide an acceptable picture I.D. on the day of the auction prior to bidding. Prior to 2:00 p.m. June 26, 2015, the highest bidder will pay the full balance of bidder's provisionally accepted high bid 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 4.25%; 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, secured by a promissory note and trust deed. Copies of the complete contract terms may be found at www.deschutes.org or a copy will be provided at $.25 per page upon request to the County Property Manager 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 Sheriff's Office. 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 terms 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 5 of 6 EXHIBIT "A" 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. SOME PROPERTY MAY BE SOLD SUBJECT TO BUYER AGREEING THAT SUCH PROPERTY IS UNDEVELOPABLE DUE TO THE INABILITY FOR AN ON-SITE SANITARY WASTEWATER DISPOSAL SYSTEM TO BE CONSTRUCTED. 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(541) 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: May 27, June 3, June 10, 2015 Date of Last Publication: June 17, 2015 Page 6 of 6 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. 2 EXHIBIT "B" BEFORE 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: Date: PROMISEE: DATED this day of , 2015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ATTEST: ALAN UNGER, Vice Chair Recording Secretary TAMMY BANEY, Commissioner 3 .FORM Na.(it-TRUST KED(Assignment ent tta.4iNad). d,ate SIEVENSCNESS LAW eueuSHMlo co.POnnANC,OR mate r.mr.;.am NO PART OF ANY STEVENS-NESS FORM MAY Be REPRODUCED IN ANY FORM OR BY ANY ELECTRONIC ON MECHANICAL MEANS. lath TRUST DEED STATE OF OREGON, County of ss. I certify that the within instrument was received for recording on • at o'clock .M., and recorded in Orur'•a Nemo end Andrew book/reel/volume No. on page SPACE RESERVED and/or as fee/file/instrument/microfilm/reception FOR P RECORDER'S use Na, ,Records of this County. ttuwaramys Name and Adda s Witness my hand and seal of County affixed. AMr merging,return to pfeme,Adiaaa,71p): NAME ....__4L TITLE By ,Deputy. THIS TRUST DEED,made on__. __�_ _______ __________ ___ __ _ ,between _,as Grantor, --- ,as Trustee,and ,as Beneficiary, WITNESSETH: 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,bereditaments 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 property. FOR THE PURPOSE OP SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the sum of___ __ Dollars,with interest thereon according to the terms of a promissory note of even date herewith,payable to beneficiary or order and made 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 inatnuttent is the date,stated above,on which the final installment of the note becomes due and payable. Should the grantor either agree to,attempt to,or actually sell,convey,or assign all(or any part)of the property,or all(or any pan)of grantor's interest in it without first obtaining the written consent or approval of the beneficiary,t hen,at the beneficiary's option*,all obligations secured by this inmument ve of the mate- rio dates expressed therein,or herein,shall become immediately due and payable.The execution by grantor of an earnest money agreement**does not constitute a sale.Conveyance or assignment. To protect the security of this trust deed,grantor agrees: 1. lb protect.preserve and maintain the property in good condition and repair;not to remove or demolish any building or improvement thereon;and not to commit or permit any waste of the property. 2. lb complete or restore promptly and in good and habitable condition any building or improvement which may he constructed,damaged or destroyed there- on,and pay 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 exe- cuting such financing statements pursuant to the Uniform Commcrciak 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 loss or damage by fire and other haz- ards,as the beneficiary may from time to time require,in an amount not less than S _ _ _____,written by one or more companies acceptable to the beneficiary,with loss payable to the latter.AU policies of insurance shall be delivered to the beneficiary as soon as issued.If the grantor shall 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 collected under any fire or other insurance pol- icy maybe 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 part thereof,may be released to grantor.Such application or release shall not cute or waive any defauh or notice of default hereunder or invali- date any act done pursuant to such notice. 5. lb beep the property free from construct ion liens and to pay all taxes,assessments and other charges that may be levied or assessed upon or against the property before any part of such taxes,assessments and other charges becomes past due or delinquent and promptly deliver receipts therefor to beneficiary.Should the grantor fail to make payment of any taxes,assessments,insurance premiums,liens 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 sae 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 the debt secured 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,shall be hound to the same extent that they ate bound for the payment of the obligation herein described.All such pay deed immediately be immediately d payable and shall without nn ti breech the of this nonpayment thereof shall,at the option of the beneficiary,render all suns secured by this 6. To pay all costa,fees and expenses of this trust,including the cost of title search,as well as the other costs and expenses of the trustee incurred in con- nection with or in enforcing this obligattodt,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 trustee;and i an snm,a>aon M pro- reeding in which the beneficiary or trustee may appear,including any suit for the foreclosure of this deed or any suitor action related to the t,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 a/or s.The amount of attorney fees mentioned in this paragraph in all cases shall he fixed by the trial court,and in the event of an appeal from any udgment or - a Mal court, grantor flutter agrees to pay such sum as the appellate court shall adjudge reasonable as the beneficiary's or trustee's attorney on Such It is mutually agreed Vat: fa the avert that any portion or all of the property shall he taken under the right of eminent domain or condemnation.beneficiary ,l tharight,if it so elects,to require that all or any portion of the monies payable as compensation for such taking which are in excess of the amount regurmed y all passonahle corm,expanses and attorney fees necessarily paid or incurted by grantor in such proceedings.shall be paid to beneficiary and applied by it f rat r ay kasoable costs and ex and attorney fees,both in the trial and appellate courts,necessarily paid or incurred by beneficiary in such proceedings,am applied upon the i secured hereby.Grantor agrees,at its own expense,to take such actions and execute such instruments as shall be neeessaWilirtuung such compensation promptly�moo ndbeneficiary's request. assestetlm m natter lag d M do Mrlew she Ms Manse hemmer milt be either So anamsy who et amen seder Mt Iwo of Coveee our the UMW Stales,a aW emom err,pmeaa sou h.rlsM to Incurs MN to Felinity rWlo t/r a1gM Ind rim sputa or"idhss,ore United at.ya or icy costicythonnif.Co an Gaper mint Yawed um*. MLSOS to SORBS. :1t:U rin W aC 170114 rptwa and mey Pe of this r oplan. The whom%met ouch en agh.aswd'lime to Mots of te benolicath COMM In compute data.