Loading...
2017-105-Order No. 2017-006 Recorded 3/10/2017RVIEWED E, If CIUNSEL DESCHUTES COUNTY CLERK OS �J Z���■105 NANCY COMMISSIONERSJOURNAL 03/10/2017 03:06:00 PM 20I7I3II0IIIIII IIIIIIII III 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. 2017-006 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 shall 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 and Sawyer Hearing Rooms, 1300 NW Wall Street, Bend, Oregon, beginning at 10:00 a.m. on Friday, May 19, 2017, 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 and Sawyer Hearing Rooms prior to 2:00 p.m., with no Bidder admittance after 2:00 p.m. allowed. PAGE 1 OF 2- ORDER No. 2017-006 (03/08/2017) 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 Manager 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 May 19, 2017, public auction. Section 8. That the sample 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 day of March, 2017 ATTEST: Recordink Secretary PAGE 2 OF 2- ORDER No. 2017-006 (03/08/2017) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chaim ANTHONY DEBONE,\Ice Chair q\ -'s PHILIP GENDERSON, Commissioner EXHIBIT "A" NOTICE OF SALE By virtue of Order No. 2017-006 adopted by the Board of County Commissioners of Deschutes County, Oregon, on March 8, 2017, authorizing the sale of real property under ORS 271.310 and 275.110, notice is hereby given that, on May 19, 2017, 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 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 Parcel ID Assessor Account Assessor Market Value Map and Taxiot Property Address Minimum Bid Comments Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address 2017-01 130073 $5,000.00 151319CD01900 4320 SW Reservoir Drive, Redmond, OR 97756 $35,200.00 This is a vacant irregular shaped property within an existing subdivision in Redmond. City of Redmond water, sewer and other public utilities are available at the paved street. The property is a legal lot of record as it was created through the platted Goodrich subdivision. 2017-02 130051 $46,060.00 151319CD00200 4342 SW Volcano Avenue, Redmond, OR 97756 $35,200.00 This is a vacant irregular shaped property within an existing subdivision in Redmond. City of Redmond water, sewer and other public utilities are available at the paved street. The property is a legal lot of record as it was created through the platted Goodrich subdivision. 2017-03 101189 $477,430.00 171229CC04100 607 NW Trenton Avenue, Bend, OR 97707 $127,200.00 SOLD AS IS. Platted residential lot (legal lot of record) as part of the Bend View Subdivision. The property has an older 2,152 square foot home (built 1959). The home is in need of repair and remodel. Public facilities and utilities are available at the paved street. 2017-04 115533 $36,000.00 201012A008100 17160 Bakersfield Road., Bend, OR 97707 Page 1 of 8 Minimum Bid Comments 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 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 EXHIBIT "A" $13,400.00 Vacant platted residential lot (legal lot of record). In an area of high groundwater — septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-05 115618 $36,000.00 201012A017700 17118 Downey Road., Bend, OR 97707 $14,300.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-06 115649 $36,000.00 201012A020900 17167 Downey Road, Bend, OR 97707 $14,300.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-07 116113 $36,000.00 201012D004800 17087 Fontana Road, Bend, OR 97707 $15,100.00 Vacant, platted residential lot (legal -lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-08 116317 $36,000.00 201013A003700 17123 Kingsburg Road, Bend, OR 97707 $14,600.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Page2of8 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 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 Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid EXHIBIT "A" 2017-09 117333 $10,000.00 201013A003800 17131 Kingsburg Road, Bend, OR 97707 $14,600.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-10 117332 $36,000.00 201013A004000 17147 Kingsburg Road, Bend, OR 97707 $14,600.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-11 116315 $36,000.00 201013A004100 17153 Kingsburg Road, Bend, OR 97707 $14,600.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-012 116353 $36,000.00 201013A006300 17074 Laguna Road., Bend. OR 97707 $14,600.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-13 116352 $36,000.00 201013A006400 17066 Laguna Road, Bend. OR 97707 $14,600.00 Page 3 of 8 Comments 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 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 EXHIBIT "A" Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-14 116409 $36,000.00 201013A012800 17086 Norwalk Road, Bend, OR 97707 $9,100.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-15 116405 $36,000.00 201013A013400 17042 Norwalk Road, Bend, OR 97707 $9,100.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-16 116438 $36,000.00 201013A016500 17089 Laguna Road, Bend, OR 97707 $14,600.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-17 116462 $36,000.00 201013A020500 17120 Norwalk Road., Bend, OR 97707 $9,100.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Page 4 of 8 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 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 Parcel ID Assessor Account Assessor Market Value Map and Taxlot EXHIBIT "A" 2017-18 116579 $36,000.00 201013C006100 16950 Torrance Road, Bend, OR 97707 $13,800.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-19 137596 $36,930.00 2010258009700 55416 Heierman Drive, Bend, OR 97707 $13,600.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Portions of the property may include jurisdictional wetlands. 2017-20 137609 $14,150.00 201025C002300 55392 Heierman Drive, Bend, OR 97707 $13,600.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Portions of the property may include jurisdictional wetlands. 2017-21 117061 $53,000.00 201107C002600 56550 Solar Drive, Bend, OR 97707 $15,100.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. 2017-22 141136 and 244562 $53,230.00 211036AC01600 Page 5 of 8 Property Address Minimum Bid Comments 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 Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid Comments EXHIBIT "A" 52594 Railroad Street, La Pine, OR 97739 $34,500.00 SOLD AS IS. The property is a legal lot of record as it was created as part of a platted subdivision. The property has an older double wide manufactured home. The manufactured home is subject to a separate tax account. An on-site sanitary waste (septic) system has been approved by the County. The property has a history of code enforcement through Deschutes County that was linked to the previous owner. 2017-23 141698 $116,370.00 221006B000400 14877 White Pine Way, La Pine, OR 97739 $100,800.00 SOLD AS IS. The property is a legal lot of record as it was created as part of a platted subdivision. The property has an older double wide manufactured home, and a detached shop/garage. An on-site sanitary waste (septic) system was approved by the County in the past — there is a history of the system failing and it may need to be replaced. 2017-24 141852 $4,820.00 221008D003000 No Situs Address — Shady Lane, La Pine, OR 97739 $4,200.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Public right of way abuts the property, but a street has not been constructed. 2017-25 141851 $7,680.00 221008D003100 No Situs Address — Shady Lane, La Pine, OR 97739 $4,200.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Fire fuel reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Public right of way abuts the property, but a street has not been constructed. All prospective bidders shall register the day of the sale, or in person with the Deschutes County Property Manager any business day between May 10, 2017 and May 16, 2017 at 14 NW Page 6 of 8 EXHIBIT "A" 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 iames.lewisr7a.deschutes.ora, 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. May 19, 2017, 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 4.75%; 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.ora 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 Sheriffs 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 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. Page 7of8 EXHIBIT "A" SOME PROPERTY MAY BE SOLD SUBJECT TO BUYER AGREEING THAT SUCH PROPERTY 1S UNDEVELOPABLE DUE TO THE INABILITY FOR AN ON-SITE SANITARY WASTEWATER DISPOSAL SYSTEM TO BE CONSTRUCTED, AND/OR THAT THE SUBJECT PROPERTY IS NOT A LEGAL LOT OF RECORD. 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 hearing impaired, 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. SHANE NELSON Deschutes County Sheriff By ,3 • Li'rx_ (r6 4 Published in Bend Bulletin Date of First and Successive Publications: April 12, April 19, April 26, 2017 Date of Last Publication: May 3, 2017 Page 8 of 8 , Civil Technician REVIEWED EXHIBIT "B" NOTE LEGAL COUNSEL PARTIES: Promisor: «BUYERFIRSTNAME» «BUYERMIDDLENAME» «BUYERLASTNAME» «BuyerAddressl» «BuyerCityStateZip» 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 («SitusAddress») and legally described as: «LegalDescription» in the principal sum of «AmountFinanced» with interest on the unpaid principal balance from , until paid, at the rate of four and one-half per cent (4.75%) 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. 1 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: PROMISEE: DATED this day of , 2017 ATTEST: Recording Secretary Date: BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair PHILIP G. HENDERSON, Commissioner 3 FORM No. 6a1 -TRUST DEED (Assignment Restricted). �d �� o r (_ O JC' 1 g ). .old STEVENS-NES3 LAWPUTUSHIND50 PORTLAND on wewsleveromes Wm Lt , NO PART OFANY STEVENS•NESS FORM MAY 8E REPRODUCED IN ANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS TRUST DEED Grantor's Nome end Address (000101's Noma and Address BenenNery'e Name and Address Ater recording, return to (Nemo end Address}: THIS TRUST DEED, made on COPY SPACE RESERVED FOR RECORDER'S USE , between , as Grantor, as Trustee, and , as Beneficiary, WITNESSETH: That Grantor irrevocably grants, bargains, sells and conveys to trustee, in trust, with power of sale, the prop- erty in _ County, Oregon, described as follows (legal description of property): 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 property. FOR THE PURPOSE OF ShCUR)NG PERFORMANCE. of each agreement of grantor herein contained and payment of the sumo! Dollars, with interest thereon according to the terms of a pmmissnry note of even dale herewith, payable to beneficiary or order and made by grantor, the final payment of plincipuI and interest, it not sooner paid. to ho due and payable on _.. The dale of maturity of the dela secured by this instrument is the date, stated above, on which the final installment of the note becomes due, and payable. Should the Santa either agree to, nneugll 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, then, at the beneficiary's option*, all obligations secured by this instrument, irrespective (lithe matu- rity dates expressed therein. in herein, shall 1Acoulr immediately due and payable. The execution by grantor of an earnest money agreement** does not constitute a aa10, 00110eynlit0 or assignment. To protect the security of (his trust decd, grantor agrees: 1. 'Po protect, preserve and maintain the property in gond condition and repair; not to remove or demolish any building or improvement thereon; and not to commit or penult nn) waste of the ptopclty. 2. Tu complete of 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 till costs incurred therefor, 3. To comply with all laws, ordinance., regulations, covenant(, rnlnlition, and nt:trier ions affecting the property; it the beim ficiofy (1110 (105(7, 10 join in exe- cuting such financing statements (1ur.uanl to the Uniform Commercial Code as the beneficial), 1115y 10411(10, find to pay dal tiling 1110 101111' in nue proper public office or offices, its well as the cost of all lien searches mode hr filing officer or searching agencies ns may he doomed desirable by the knrfiriury. 4. To provide and continuously maintain insurance on the hailing,. note fir 111108(trr erected 110 the prnpelly apaln;i los-. w Jun,ago try true and nlhar Mar: - Inds, us the beneficiary may item 11110 to time termite, in nil amount not Ices Matt 5_. __ _- _ _ ._. _ _._.__. _ . .___.. _ , written by one or mote comp:mica acceptable to the IO hefietnrl', will) loss payable to the lah0r, All policte, of in;0ranee shall he delivered In tun benchcilny as soon a: issued If the palmar shall Fail Cor any reason to pina1re any such ha:mance and (11 deliver the polleirs 10 111e (rnrfieillty 11 least fifteen day: phut L, dr: expiration of any policy o1 Maur two now 111 hrretdtet placed on the buildings, the treneflc(nty may pro: utc the sante al granou'seslteusc. The amount collected trader eny lite or other insurance pol- icy way are applied by 1Trnefleiniy upon tiny (nJcbktdnns: creamed hereby and in 5,1111 coder a; beneficiary may determine, or at option of hrnefiriaty ihr. ent(te 0/0011111 so collected, or any part thereof, may be released to grantor. Such application or relea;e shall ani run- tit waive. any default fir notice of default Itenstiildrr or invali- date rely art done pot sant to such notice. ). To keep the pm(rity lice from cunstmction liens 0111 In ply all 1ar0;, rise;.cornus and other ch.upcs 111.11 may be levied or nssesced upon en ligation the properly before 11ny part of midi taxes, assessments Ihiill other chs pr; is— aloe; (1501 due or delinquent and plonlpily deliver receipt; Mite for to hanrf,el;oy. Should 1110 grantor Cnil to make purulent of any tames, nsse5>mrnlS, ins11rnnc•: pmmiunls, liens or other charges payable by gr.m(00. 0(11111 by dhe.l payment or by providing knetieiuty with funds with which to make such payment, Isenrficiair may. al 110 option, 1,1510 payment 111010.11, cold the tinmunt an paid. with (corn„l al the tale 4el Col 111 in dm note secured hereby, together with the ohlignt(nnc d acritsed in patogrsphc f, and 7 of Illi; must deed, shall he added to and hvuw n pail of 1110 debt s;cuted by this hast decd, wltlrnul waiver rd any rights :irking from 11n•a0h of any of the covenants hereof. For (tech payments, with intent:1 rte nem esaid, the plop• nay heieinbcfine described, in well no lb: ge,nto%, shall lo, Immud to 11(0111(1100.111111111111101 ate hound tot the payment of tr- obligation herein dcsclihe,l. All such payments shall be immediately due and payable without notice, and the nonpayment 11,01111(1 shall, at the option of the beneficiary, Ien101 all 0111115 canted by this trust deed immediately due and payable and shall constitute a breach of this tract deem. A To pay all costs, fees 111111 expenses of titin total. including the cord of tide searnh, as well as the other costs and expenses of the trustee incurred in con- nection with or in enforcing this uhliga(ton, and roister and attorney fee: actually incurred. 7. To a(1pezn in and defend any 0011011 or proceeding purporting to affect Ihr security rights or purer, of Moat -witty or unlace; and In any snit, net inn fir Inn seeding in which the bencffr(arl or nnstec may appear. inrhnling any snit for the frnrclnsore of 111(0 deed ere any wit fir notion related in this instnmlrnt, (nrluding hof 807 1(1111h:d In its val(dily aroi/or enforceability, In pay nil co;tc and expetrse 5. including cvidrnec of title and Ilia Io:nofrcin, y'; or Itudee 5 attorney fees, 1 he amount of attorney fes mentioned in this paragraph in all cases shall he fixed by the trill ram, and in the event of an appod from any judgment or decrco of the trial crud, gra1110.10 Curt1101 agrees in pay such suns n:: the appellate- court ;hall alijndge. ren 'amide fix 111 110nrliriai0'S fir Inlatce'c alomr), fens on 51,011 appeal. II (s mutually ;meed that: If. lu the 1•(0111 that ally pnlllon or n11 of lbw poverty shall lie fasten under the tight of eminent domain fir cnndrnum1(nn, henelteeny :hail have the fight, if it 00 cuneus, In requite that all or any portion of the munie; payable a; cfl1)r11o11lnn fo' such Inking which ate. (n 1-x01';; of dr, amount 119011: d In pay all r^I;atolls cost, expenses ,cod attorney fees neers<adly paid or incurred by grantor 111 Mich profeediens, Omit be paid to beneficiary• and applied by n Bust (((urn any reasnnnblr (v>I�, null cap18(1'; 0(111 nllnmcy fres, 1111111 in the tried and appellate; none, necr15srily pa(tl or incnncd by haneficinly in well pn¢c<diogs, and ihm balmier applied upon the indebtedness ,,cured hereby. Grantor agrees, at its own exp•na to tole 51101 coons and excetee such incintn ent< ns shall ho neer arty in ntda(n(nt! (telt compensation promptly upon 1(1000belie teeniest. (CONTINUED) ROTE;TIo Tnlot Deed Ant provides that the trustee hereunder moat ba either on olteenny WO, In nn 007(00 0.070007 of 1110 Oregon Stele Bar, a bank, trust company or savings and loan ss snclatl0n nulhorlred to 110 ousln00o under t e 10wn o1 Oregon or the Unh01I Slates. a rain Insurance company euthettr,d to insure title to reel properly of this stale, Its subsidiaries, Militates, agenda or brenehes, the United Stolen of any apeacy 11101001, 0r on 0,7.7011 spool 1,0naaa unlf0100S 000,000 In 0055115. 'WARNING: 12 DSC 17010 regulates and may prohibit 0xerc se 011hIs optlan. "Thy pubaoher suggests t711t 000 cot agreement address the issue at 0hlainhin benOnciary'e 0000007 In complete damn. 11 At any time, and tram time at tine_ upon written tegttest elf beneficiary, payment of ns fees and pretennahon of Mrs decd and the nine fns roti+ssr mutt tin case of hill ret nnseyances, tot cncellaiinn), without affecting the liability of any perms+ for the payment of the indebtednese, totter may (n) e!mrnt In the, muniug of any map on plat of the prnpcity; tb) join in graining any cerement nr creating any restriction thereon, (c) iiia in nm nelbmdinatinn nr +,tires ttgtrrmutt infecting tl1itt tired nt the lira or clttngc thereof; or (d) ttxanvcy, y.iilntnt wananty, all or any part of the property lite grantee in ;any nrouteyancc may he drtcrilmd ns the "Ile .+on or persona Icy!nliy' entitled theletn;' nal the recilnit therein of any matter. ser faces shall be (nadir-1w proof of the fmthfidur.<t Mem- o!' 'Duster fees fee any of the acrvices mentioned in this panngntph shall he not les- than 55. 10, Upon any defnuilt by grantor hereunder, beneficiary may, at any time will not notice, tither ill person, by tr en6 or by n receiver In Inc appointed by a court, and without regni t to tlhc adequacy ninny :security for the indebtedness he why seemed, corer upon and take pnescssir ur a1'rbc ptspnny or any putt !retenf, in its own name sue a ottteiwnsc collect the ams. hones and ptnfitt, including lho-e past due anti unpaid, and apply the same, less casts and expenses of nlur,atinn and taltee- tinn. including reasonable attorney fee:. upon nay indebtedness secured hereby, anti in such +'ndet as beneficiary may determine 1I. The meeting upon and talnintg posx..sien of the pntpxriy, the collection of such trots, ntueo anti tt tlttn, ar the prrnredc of fisc and other insnrnncc prtti- iics nt cmnpcniati,m ea nwmds for any inking or damage of the progeny, and the applieslinn or n Ieavr Thema as aforesaid. shall nut cute or waive: any default or notice of default hereunder, or invalidate any net dune pursuant to such notice. 12.11pmt deihulthy grantor in payment of any indttbtednecc stewed hereby or in grantor's petforinancc of any agiventenl hettundcr, time, being oldie essence with respect tin such payment nntdlor performance, the he cficiary may ,ieeinrr. all Somo scants heielty inmtediatety dile nal payable In such raent, Its beneficiary may elect to Mined in ftnecinse this joust deed in equity at ei mntlga(;c or Aired the trustee in foreclose this tress decd by adveniseitrnt and calf. or may direct the trustee to pursue any other tight or uneasy, tither at law nr in equity, which 11' beneficiary may have. in the event the beneficiary elects to fnn'cince by advertise- ment and safe, the beneficial or the trustee shall execute and cause to he recorded .t written notice of dvfatilt and election to fell the prnpety to satisfy the obliga- tion secured hetchy wlwteupun the duster shall iia the time and place of sale, give uoiict t heleuf no then requited hy law and ttrtxtrvl to fnrrelosr dist trust deed in the manner provided in ORS 86.752 to 86-815. 13. Ater the trustee has commenced foredo wry by advertisement and salt, ;red it any time prior in S days before the dale the buster ennducic the talc, the grtmiot or any other person ser privileged by DRS 86,778 may mute nu defmtli or defaults- If the default consists of a fnihm' to pay, whets due, wins *crnred by the oust tired, the delimit may he cured by paying the cubic amount due nt the time of the cmc Carr Ihan such portion at would not then Inc due had un default occurred. Any other default that is capable of being cured may he Mired hy tendering the performance teguiten nudes the obligation in trust decd. In any east, in addition to curing tide default tn. defaults, the permit effecting the cam shall pay to the beneficiary all costs and expenses actually trimmed in cnfncciag the obligation of the mitt tread, together with ucetee and attorney Ives not exceeding the amounts provided hy Inn. id. Otherwise, the sale Anil be held on the date and al Air dame and place designated in the notice nnf tris nt the time to which the rule, may he postponed as prnvidrd hy iaw, "The trustee only sell the 1property tuber in one pared or in separate truceis and shall cert the parcel of parcels ::t nuninn ht the highest bidder for cash, made int the Brite nt sale • 'I nnstee shall deliver to site pinietinsin its deed it. form n4 requited by law conveying site pinpe^ny }-n Fold, but without any covenant nt wanavt)t express ser' implied.Thetrcimb in tete deed of any miners of fact shnit Inc conducive ptnnf of the truthfulness thereof. Any person, excluding the trustee, but including the gttuuor and beneficiary, may purchase td the xnlc. 15. When trustee Seine lnuntnnnt to the ptwets provided htttin. trustee than apply the proceeds of sale to payment of: (1) the expenses of sale, including the ccnnpensatIon of the trustee and a reasonable chngc by tntctcc'n attorney: 12t in the obligation secured by the trust deed; (3) In all persons having recorded liens sub- sequent to the iatrrr.t of the tntstce in the trust denxl as their intrreaty may appear in the order of their priority; and (4) the surplus, if any, teethe granter, or to any uccetnnt ill intcreSt entitled 10 titch surplus. 16. hent thinly tnoty, front shoe to thou', appoint a micas<nr nr oneuv .ors to any trustee named burin or to any suecevt.nr tntstce: apfatinted loan-uauYrr, i 'pan such appointment, rind rhinos conveyance to the successor muster, the tome Chilli be wooed with alt qtly, powers and docks cnufcrrrd utx;n any mmlrr heroin mmntul or appointed heretotdcn. Bell such appointment and substitution shall lit made by whiten instrument exacted by tweeficiaty, which, when scuttled in the mrnngapc tcrolds of the county or [MIMICS 6 whidr the property is sitnntrd, spoil bit coni hnsivc proof of proper appointment of the successor tm,itt• 17. Trustee accepts this trust whim this deed, duty executed and atknnwlcdsrd, it made a public recnt,t ns provided by law. 'hurter is not obligated u. notify nay patty heleto of pending sale Millet any otter dress of totes or of any action or power dine in Wind pr:tntnn, hand-okay tit tmstte .host ix- a patty unless such action or proceeding is brought by tntstce, The grantor covenants to and agrees with the beneficiary unit the inn ttcfirinty's successors in interest that the grantor is lawfully seized in fee simple of the real prupcny and has n vtdid, unrnctinibeted lisle therein, except at may be set fm41 in any addendum or exhibit attached hereto, and that the grantor will warrant and forever defend tete sense against all pet WAS 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• tturcttased by beneficial v may not pay any claim made by or against grantor. Grantor may later rated the coverage by providing evidence Ilial grantor has obtained property coverage elsewhere. Grantor is responsible for the cost of any insurance coverage purchased by bert'ficiary, which cost may be added to grantor's contract or loan balance. Tf it is so added, the interest rale on the underlying contract or loan will apply tin it_ The effective date of coverage may be the date grantor's prior coverage lapsed or the date grantor failed 1,, provide prnrd' of cover- age. The coverage beneficiary purchases may he considerably Marr expensive than instil antic grantor might otherwise obtain alone and may not satisfy any need for property damage coverage or any mandatory liability insurance rcgtiircnlenls imposed hy applica- ble law. The grunul mutants ih.r the i n cens of rhe. Ivan rrprrr•Cnlcd by the chore desrrined note amt this unto decd are (choose one):' sal primality tor gnnlhn's (rrzenal. flintily of hninrhnhl piirpoics Iter lulpuitant \ossa• below). (6i for an urganiudiun, M (even if }'most is a natural prestos mr for hnsi11W or commercial putpnars. This deed applies its, mire's In lite benefit of, lipid hinds rill pa,iire hereto, their twits, legatees, IleVifCCF, administrators. executors, personal representatives, Snlcee,ni ors rind assigns.111e kin! beneficiary shrill mean the holder and owner. htcludine pledger, of the contlael secured hereby, whether or not named as a benefi- eitlly hen'hi. In construing this instrument, where the context so requires, the singular includes the plural, and all grammatical changes shall be made on that this instru- ment shall apply equally to businesses, other entities and to individuals. IN WITNESS WHEREOF, grantor has executed this instrument the date stated above; any signature on behalf of a business or other entity is made with the authority of that entity, 'IMPORTANT NOTICE: Delete, by lining out, whichever warranty (a) or (b) Is Innppllcable. 11 warranty (a) Is applicable and the beneficiary Is it creditor as such word Is defined In the Truth-In-Lending Act and Regulation Z, the beneficiary MUST comply with the Act and Regulation by making required disclosures. If compliance with the Act Is not required, disregard Ibis notices ___. .... STATE OF OREGON, County of _.. This record was acknowledged before me on JIi by This record was acknowledged before me on _ by __ as __. of I ss. Notary Public for Oregon My commission expires REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been pard.) T1s: _ _ .. ---__. _ _ -. .. _ - -- -- . _,rnuaee hhr undenigu,¢I In the legal menet and holier of all indebtedness secured by the foregoing most deed. All sums v_emot by the trust Gleed have been fully paid unit satisfied, Yon hereby ata: directed, tot payment to you of any sums owing to vac un:tri the VIM,: of tin: trust tired or itrn:nam to statute, to cancel all evidences of iud:btedness across by the oust deed (which are delivered la y'on herewith tngrriter with Ilia Inlq,doKdl ntlff'ttd levon, Miff 1 warranty, ro Inctparties desig- n nth Hated bydteterms ofthetrust deed, the estate now held lyyou under tlr.same Moll thear.:+mvr}°seepp. ndtfnef+pti;ent�(op.x.i.=�.,. ( DATED __..._---- ---.. ...-------- ---- Do not lose or destroy this Trust Deed OR THE NOTE which it secures. Both should be delivered to the trustee for cancellation before reconveyance is made, Beneficiary Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REOUEST & STAFF REPORT For Board Business Meeting of March 8, 2017 Please see directions for completing this document on the next page. DATE: February 28, 2017 FROM: James Lewis Property & Facilities 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order 2017-006, an Order for the Sale of Certain Real Property Acquired by Deschutes County. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The attached list of properties (25 properties) are proposed for inclusion in the public auction of tax foreclosed and surplus County -owned land. ORS 275.110 provides that the Board will fix the minimum price for each parcel and the conditions and terms of sale. As has been done in the past, we will offer financing for properties sold at $20,000 or more. Property Management staff has worked with Legal Counsel, Community Development, Finance Department and the Sheriffs Office to prepare documents associated with the sale. The Community Development Depaitment, Road Department, and the County Forester have reviewed the list of properties to be offered and find there is no reason to retain the land in county ownership. The auction will begin at 10:00 a.m. Friday, May 19, 2017, in the Barnes and Sawyer Hearing Rooms. FISCAL IMPLICATIONS: If all the properties sell at the established minimum bid, the proceeds would be $584,000.00. However, it is rare that all properties offered at auction are sold. Any properties that are not sold at the auction will be available for sale on a first come first served basis at the minimum bid price, or possibly a lower amount as authorized by State Law. RECOMMENDATION & ACTION REOUESTED: Staff recommends approval of Order 2017-006. ATTENDANCE: James Lewis DISTRIBUTION OF DOCUMENTS: Copy to James Lewis