2019-190-Order No. 2019-18 Recorded 6/10/2019Recorded in Deschutes County CJ2019-190 Nancy Blankenship, County Clerk Comm! ssioners' Journal 06/10/2019 11:55:40 AM REVIEWED G�V'fES cof II � I (II (I III II (III II I �I (III III LEGAL COUNSEL _ 2019-190 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving and Confirming the Sale of Certain Real Property Acquired by Deschutes * ORDER NO. 2019-018 County. WHEREAS, on February 20, 2019, the Board of County Commissioners ("Board") signed Order 2019- 001, incorporated by reference herein, ordering the sale of certain County property acquired through tax foreclosure proceedings; and WHEREAS, on May 17, 2019 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. 2019-001 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 2019-001 is hereby confirmed and closed. Section 3. The County Property Manager shall prepare deeds for either County Administrator or County Property Manager signature in accordance with Exhibit "A." Dated this ® of , , 2019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY„ OREGON P LIP G. HE RSON, Chair s PATTI ADAIR, Vice Chair ATT mg Secretary _ TONY DEBONE, Commissioner ORDER No. 2019-018 7-A SHERIFF'S RETURN 2019 COUNTY LAND SALE (Board Order 2019-001) I hereby certify that on February 26, 2019,1 received the attached Board of County Commissioners Order No. 2019-001 authorizing the sale of real property described in Exhibit A of said Order. On March 6, 2019, 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: April 03, 2019; April 10, 2019; April 17, 2019, and April 24, 2019. On May 17, 2019 at 10:00 a.m., the sale was held in Barnes Sawyer Hearing Room, 1300 NW Wall Street, Bend, Oregon. The total amount of all bids for the properties sold was $640,100.00. We received $350,740.00 in checks and cash due to Deschutes County Properties and Facilities. The remaining $289,360.00 of the total amount bid is to be financed with Deschutes County Property and Facilities. See the attached final bid sheet for the total amount bid on each property. For the Sheriff's Office Certificate of Sale on each property, there was a separate statutory fee assessed in the amount of $60.00 including the Certificate of Sale ($50.00) and notary fee ($10.00). There were twenty-four properties sold for a total of $1,440.00 in fees paid directly to the Sheriffs Office. Additionally, the fees for sheriff's office civil technicians and civil deputy for preparation, conducting and closing this sale were $816.15. The attached County Land Sale Financial Results of the Sheriff's Return lists the results for sale including amount bid, amount paid, amount financed and amount due to Deschutes County Properties and Facilities. Office, On April 30, 2019, the affidavit of publication was recorded with the Deschutes County Clerk's 1 hereby make this return to the Board of County Commissioners, L. SHANE NELSON, Deschutes County Sheriff l J fifer L. I Ii11, C i v i I Technician Date: May 24, 2019 Attachments Copy of Board Order No. 2019-001 Copy of Final Bid Sheet County Land Sale Financial Results Page I of 1 2019 County Land Sale 2019-001 Sheriff's Return REVIEWED ffy ro, -- LE ACCOUNSEL Recorded in Deschutes County CJ2019-73 Nancy Blankenship, County Clerk Commissioners' Journal 02/22/2019 11:35:01 AM cc •: IIIII,lllllllllllllllllllllll 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. 2019-001 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 17, 2019, and remaining open until 1:00 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 Rooms prior to 1:00 p.m., with no Bidder admittance after 1:00.p.m. allowed. Section 4. That all sales shall be deemed conditional until such time as the Board of County Commissioners formally accepts or rejects said sale. PAGE 1 OF 2- ORDER No. 2019-001 (02/20/2019) 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 and removing properties from the sale, 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 17, 2019, 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 -�2b day of February, 2019 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A�- , tL - /L PHIL G. Of NDERSON, Chair PATTI ADAIR, Vice Chair ATTE T: Recording Secretary ANTHONY DEBONE, Commissioner PAGE 2 OF 2- ORDER No. 2019-001 (02/20/2019) EXHIBIT "A" NOTICE OF SALE By virtue of Order No. 2019-001 adopted by the Board of County Commissioners of Deschutes County, Oregon, on February 20, 2019, authorizing the sale of real property under ORS 271.310 and 275.110, notice is hereby given that, on May 17, 2019, at 10:00 a.m. in the Barnes and Sawyer 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 2019-01 Assessor Account 172130 Assessor Market Value $74,830.00 Map and Taxiot 151320CB03500 Property Address 2429 SW Valley View Drive. Redmond, OR 97756 Minimum Bid $44,600.00 Comments This is a vacant rectangular shaped property within the Redmond city limits. City of Redmond water, sewer and other public utilities are available to the property. Contact City of Redmond for questions on services. The property is a legal lot of record as it was created through the platted Vallevview subdivision. Parcel ID 2019-02 Assessor Account 202728 Assessor Market Value $12,270.00 Map and Taxlot 171229AD00399 Property Address No Situs Address, Bend, OR 97701 Minimum Bid $2,088.00 Comments This is an irregular (triangular) property located in the City of Bend. The property is not developable as a stand-alone parcel due to its configuration. Contact City of Bend for questions regarding development. Parcel ID 2019-03 Assessor Account 131692 Assessor Market Value $105,160 Map and Taxlot 1714210001700 Property Address 25390 BACHELOR LN, BEND, OR 97701 Minimum Bid $52,000.00 Comments SOLD AS -IS. This is a platted residential lot, and a legal lot of record. The property has power and has had a septic site evaluation. Water is supplied via an on-site well. Availability of utilities must be confirmed with purveyor; septic site evaluation must be confirmed with Deschutes County. Water must be confirmed with the State of Oregon water Resources Department. Parcel ID 2019-04 Assessor Account 108401 Page 1 of 12 EXHIBIT "A" Assessor Market Value $1,990.00 Map and Taxlot 191405A000300 Property Address No Situs Address, Bend, OR 97702 Minimum Bid $1,920.00 Comments The property is a vacant parcel; there is no record of legal lot of record status. All necessary development permits are subject to Deschutes County regulations. Contact Deschutes County Community Development Department. Parcel ID 2019-05 Assessor Account 108411 Assessor Market Value $1,990.00 Map and Taxlot 191405A001400 Property Address No Situs Address, Bend, OR 97702 Minimum Bid $1,920.00 Comments The property is a vacant parcel; there is no record of legal lot of record status. All necessary development permits are subject to Deschutes County regulations. Contact Deschutes County Community Development Department. Parcel ID 2019-06 Assessor Account 137352 Assessor Market Value $30,610.00 Map and Taxlot 201001 D000574 Property Address No Situs Address, Bend, OR 97707 Minimum Bid $2,800.00 Comments An irregular shaped parcel vacant of structures. The subject property is landlocked and does not have any direct frontage on a dedicated public right of way. There is no evidence of any access easements to the property. There is no evidence of water, septic or utility availability to the site - contact Deschutes County Communitv Development. Parcel ID 2019-07 Assessor Account 115495 Assessor Market Value $53,000 Map and Taxlot 201012AA02200 Property Address 17174 AZUSA RD, BEND, OR 97707 Minimum Bid $25,976.00 Comments 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. Further restrictions resulting from the LM; WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. Parcel ID 2019-08 Assessor Account 115677 Assessor Market Value $53,000.00 Page 2 of 12 EXHIBIT "A" Map and Taxlot 201012AC01500 Property Address 56645 Stellar Drive, Bend, OR 97707 Minimum Bid $20,400.00 Comments 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. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-09 Assessor Account 115629 Assessor Market Value $53,000.00 Map and Taxlot 201012AC03600 Property Address 17028 Downey Rd. Bend, OR 97707 Minimum Bid $20,400.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-10 Assessor Account 115628 Assessor Market Value $53,000.00 Map and Taxlot 201012AC03700 Property Address 17018 Downey Road, Bend, OR 97707 Minimum Bid $20,400.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the LM; WA and AS overlay zones may be applicable -contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-11 Assessor Account 115681 Assessor Market Value $53,000.00 Map and Taxlot 201012AC03900 Property Address 56615 Stellar Drive, Bend, OR 97707 Minimum Bid $20,400.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding Page 3 of 12 EXHIBIT "A" development requirements. Parcel ID 2019-12 Assessor Account 115682 Assessor Market Value $53,000.00 Map and Taxlot 201012AC04000 Property Address 56611 Stellar Drive, Bend. OR 97707 Minimum Bid $20,400.00 Comments 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. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-13 Assessor Account 115569 Assessor Market Value $53,000.00 Map and Taxlot 201012AD00400 Property Address 17162 Covina Road, Bend. OR 97707 Minimum Bid $25,976.00 Comments 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. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-14 Assessor Account 115568 Assessor Market Value $53,000.00 Map and Taxiot 201012AD00500 Property Address 17154 Covina Raod, Bend, OR 97707 Minimum Bid $25,976.00 Comments 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. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-15 Assessor Account 115567 Assessor Market Value $53,000.00 Map and Taxlot 201012AD00600 Property Address 17150 Covina Road, Bend, OR 97707 Minimum Bid $25,976.00 Comments Vacant, platted residential lot (legal lot of record). In an area of Page 4 of 12 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. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-16 Assessor Account 115664 Assessor Market Value $53,000.00 Map and Taxlot 201012AD05200 Property Address No Situs Address, Bend, OR 97707 Minimum Bid $21,624.00 Comments Vacant, platted residential lot (legal lot of record). In an area of Comments 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. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-17 Assessor Account 115747 Assessor Market Value $53,000.00 Map and Taxlot 201012B005900 Property Address 16998 Downey Road, Bend, OR 97707 Minimum Bid $20,400.00 Comments 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. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-18 Assessor Account 115746 Assessor Market Value $53,000.00 Map and Taxlot 201012B006000 Property Address 16992 Downey Road, Bend, OR 97707 Minimum Bid $20,400.00 Comments 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. Further restrictions resulting from the WA and AS overlay zones Page 5 of 12 EXHIBIT "A" may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-19 Assessor Account 115765 Assessor Market Value $53,000.00 Map and Taxlot 2010128006100 Property Address 16980 Downey Road, Bend, OR 97707 Minimum Bid $20,400.00 Comments Vacant, platted residential lot (legal lot of record). In an area of Minimum Bid high ground water - septic may not be available. Fire fuel Comments reduction will be required. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-20 Assessor Account 115869 Assessor Market Value $53,000.00 Map and Taxlot 201012C005900 Property Address 16889 Fontana Road, Bend, OR 97707 Minimum Bid $16,320.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the AS and WA overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-21 Assessor Account 115868 Assessor Market Value $53,000.00 Map and Taxlot 201012C006000 Property Address 16881 Fontana Road, Bend, OR 97707 Minimum Bid $16,320.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Page 6 of 12 Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid EXHIBIT "A" 2019-22 115877 $16,500.00 201012C007300 16874 Glendale Road, Bend, OR 97707 $16,320.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-23 Assessor Account 115876 Assessor Market Value $53,000.00 Map and Taxlot 201012C007400 Property Address 16882 Glendale Road, Bend, OR 97707 Minimum Bid $16,320.00 Comments Vacant, platted residential lot (legal lot of record), In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. Parcel ID 2019-24 Assessor Account 117891 Assessor Market Value $53,000.00 Map and Taxlot 201012C007500 Property Address 16890 Glendale Road, Bend, OR 97707 Minimum Bid $16,320.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA and AS overlay zones — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-25 Removed from sale, Parcel ID 2019-26 Assessor Account 116618 Page 7 of 12 Assessor Market Value Map and Taxlot Property Address Minimum Bid Comments Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address EXHIBIT "A" $53,000.00 201013C010200 56039 Gothard Way, Bend, OR 97707 $19,176.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA overlay zone — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. 2019-27 116617 $16,500.00 201013C010300 56049 Gothard Way, Bend, OR 97707 Minimum Bid $19,176.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Property may not be developable due to inability to place an on-site sanitary wastewater system. Further restrictions resulting from the WA overlay zone — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address Minimum Bid 2019-28 126803 $16.580.00 211003DD03000 16338 Fisher Lane, $14,000.00 Bend, OR 97707 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. Property may not be developable due to inability to place an on-site sanitary wastewater system. Right of way is dedicated, but road is not developed. Further restrictions resulting from the LM and WA overlay zone and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-29 Assessor Account 126785 Assessor Market Value $16,580.00 Map and Taxlot 211003DD03100 Page 8 of 12 EXHIBIT "A" Property Address 16346 Fisher Lane, Bend, OR 97707 Minimum Bid $14,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. Property may not be developable due to inability to place an on-site sanitary wastewater system. Right of way is dedicated, but road is not developed. Further restrictions resulting from the LM and WA overlay zones and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. Parcel ID 2019-30 Assessor Account 126798 Assessor Market Value $23,740.00 Map and Taxlot 211003DD03700 Property Address 16369 Fisher Lane, Bend, OR 97707 Minimum Bid $14,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. Property may not be developable due to inability to place an on-site sanitary wastewater system. Right of way is dedicated, but road is not developed. Further restrictions resulting from the LM and WA overlay zones and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. Parcel ID 2019-31 Assessor Account 151526 Assessor Market Value $0.00 Map and Taxlot 211003DD03800 Property Address 16361 Fisher Lane, Bend, OR 97707 Minimum Bid $14,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. Property may not be developable due to inability to place an on-site sanitary wastewater system. Right of way is dedicated, but road is not developed. Further restrictions resulting from the LM and WA overlay zones and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. Parcel ID 2019-32 Assessor Account 126799 Page 9 of 12 Assessor Market Value Map and Taxlot Property Address Minimum Bid Comments Parcel ID Assessor Account Assessor Market Value Map and Taxlot Property Address EXHIBIT "A" $23,740.00 211003DD03900 16353 Fisher Lane, Bend, OR 97707 $14,000.00 Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. Property may not be developable due to inability to place an on-site sanitary wastewater system. Right of way is dedicated, but road is not developed. Further restrictions resulting from the LM and WA overlay zones and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development reauirements. 2019-33 126800 $16,580.00 211003DD04000 16345 Fisher Lane, Bend, OR 97707 Minimum Bid $14,000.00 Comments Vacant, platted residential lot (legal lot of record). In an area of high ground water - septic may not be available. Contains mapped wetlands. Property may not be developable due to inability to place an on-site sanitary wastewater system. Right of way is dedicated, but road is not developed. Further restrictions resulting from the LM and WA overlay zones and jurisdictional wetlands may be applicable — contact Deschutes County Planning Division and Environmental Soils regarding development requirements. Parcel ID 2019-34 Assessor Account 141996 Assessor Market Value $74,315,00 Map and Taxlot 221009C000800 Property Address 15720 Rim Drive, La Pine, OR 97739 Minimum Bid $16,000.00 Comments 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 detached shed/ramada. The property was approved an on- site sanitary waste (septic) system (sand filter) by Deschutes County in 1994, however it appears that the original system was approved in 1978 —a new on-site system may need to be constructed. Further restrictions resulting from the WA overlay zone may be applicable — contact Deschutes County Planning Division and Environmental Health regarding development requirements. Page 10 of 12 EXHIBIT "A" All prospective bidders shall register on or prior to the day of the sale, by E-mail to James. Lewis@deschutes.org, Fax to (541) 317-3168, by Mailing to Deschutes County Property Management; P.O. Box 6005; Bend, OR 97708-6005, or in person between May 13 , 2019 through May 16, 2019, during the hours of 9:00 a.m. and 2:00 p.m. at 14 NW Kearney Avenue in Bend, Oregon. The registration form is available at www.deschutes.org. Bidder must provide a completed registration form, which includes bidder's legal name, physical address, mailing address, telephone number, how to take title, and signature. Bidders must provide an acceptable picture I.D. on the day of the auction, prior to bidding. Prior to 1:00 p.m. May 17, 2019, 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 6.25%; 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 and Sawyer Hearing Room prior to 1:00 p.m. No admittance after 1:00 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. Regardless of method of purchase, upon receipt of Certificate of Sale, the Certificate of Sale must be recorded with the Deschutes County Clerk. 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. Page 11 of 12 EXHIBIT "A" 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, 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. Deschutes County encourages persons with disabilities to participate in all programs and activities. To request information in an alternative format, please call (541) 617-4747 or (541) 330-4631. SHANE NELSON Deschutes County Sheriff Civil Technician Published in Bend Bulletin Date of First and Successive Publications: April 3, April 10, and April 17, 2019 Date of Last Publication: April 24, 2019 Page 12 of 12 EXHIBIT "B" NOTE PARTIES: REVIEWED LEGAL COUNSEL Promisor: cBUYERFIRSTNAME» «BUYERMIDDLENAME» «BUYERLASTNAME» BuyerAddress1» «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: «Legal Description)) in the principal sum of «AmountFinanced» with interest on the unpaid principal balance from the designated closing date or the date of closing, until paid, at the rate ofsixand a quarter per cent (6.25%) 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. 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. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE 2 EXHIBIT "B" 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: STATE OF OREGON ) ss. County of Deschutes ) This instrument was signed before me on By My Commission txpires: Notary Public for Oregon Date: 2019, 3 FORM No. 861—TRUST DEED (Assignment RcatUcted), n;a-zcIrt SWNWISI:cUfi cnwvuaclra,�r:a co.. on.aur,,pn ,xx 1�o,•a;:x�mex;we ...... .. ..... .. .. _.. ... ... ....... DC NO PARIOF ANY 81 LVCNS N_Jb FORM MAY BE REPRODUCED W ANY FORM OR BYANY ELECTRONIC OR MECHANICAL MEANS. :(di I !I?: r. TRUST DEED H ,PACE.REnERVED FGR RECORDER's USE TO I's " RUkl ''1" 1)13k:1), made off ......... _...... bo,wee^ .._ ... _.__ ... _.. ... ... .. ........_... _. ... _.... .... ., ,Is {iriiiahf, _. .. .... __ ._....... ........ __...._... .. ...... .__..... ..,.... .. ........_,.. .........__ .. ........ .. ..... _....._. .___..__._......, as (� rc ... ....... .. .....__..._.._...._.. ....._. .. ......... __.. .. ..... ._. ............. .......... ..... ._. _........_. ... flsBeneflclary, W ITNESSETH; That Grantor irrevocably grants, bargains, sells and conveys to trustee, in trust, with power of sale, the prop- erly in ......... ... ....... ........_.....-... ....... .... _.... (county, Oregon, described as follows (legal description of proper( ): together with all and singular die teriemcnts, hereditaments and appurtenances and all other rights thereunto belonging or.in any xvay now or hereafter appertaining, and the rents', issues and profits thereof, and all fixtures no% or hereafter attached to or used in Con- nection with the property, FOR THE PURPQSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and puymont of the sum of.-.. _ ... _ ._.. _ ...... . Collars, 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 s0000r paid, to he due and payable nn _.. _... _ _... _... __................ ..................._ _ ...... 'the date of maturity of the debt secured by this instrument is the date, stated above, on which the find installment or the note becomes due and payable, Should the grantor either agree to, attempt to, or actually set], convey, or assign all for any part) of the property, or all (or any Phil) of grantor's interest in it. wirhaut first obtaining the: wriltou consent or approval of the, beneficial y, then, at Nle beneficiary's option", all obligations secured by this insuuroenh irrespective of the train lily dales expressed therein, or herein, shall beconre innnrdialely due. and payable. The execution by grantor of an earnest money agreemcni- dots not constitute a sale, conveyance or assignment. To protect the security of this trust dead, grantor agrees: 1. 76 protect, preserve and nudolain the property in good condition ,anti repair: oat to remove or demolish any hullding. or improvement thereon; and not to commit or V4Irrnit any waste of the property. 2. To complete or restore promptly and in good and habitable condition any building or improvement which may be cmistrurled, damaged or destroyed there- on, and pay when duc. all costs incurred thcrefw•. 3- To comply with all laws, ordinances. regulations, covenants, conditions and restrictions affecting. the proporlY; it the beneficiary so requests, to join in oxe coling such financing stalolrmnrs personal. to the Unifmrn Cornmereial Code as the benct'iciary may require, and to pay for filing the same. in the proper public office of offices, as well as the cost of tali lien searches rrlade by filing, officers or searching agencies us may f: deemed desirable by the, beneficiary. 4. To provide and continuously maintain insurance on the buildings now or hereafter erected on the property against loss car damage by circ and other hoz, lads, as the beneliciaty 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 ]atter. All policies of insurance .shall he delivered to the beneficiary is soon as issued. If the grantor shall fail for any reason to prcx:ure any such insurance and to de]iver the policies to the beneficiary at least fifleen days prior to Lite expiration of am• policy of insm- Anec now or hereafter placed of the buildings, the beneficiary may procure the same at grantor's expense. The amount collected under any fire or other insurance pal - icy may he, applied by heneficiary upon any Indebtedness secured It unit in such order as beneficiary may determine, or at option of beneficiary the entire amount so co]Iecnd, crusty part thereof, may be relcaseri to grantor, Such application or release shall not cure or waive any default or notice of default hereunder eir invaii- date any act done pursumnt to such notice, 5. To keep the, properly free from construction liens and to pay all trues, assessments and other charges (tial may be levied or assessed upon a' against the property before any part of such taxes, assessments and other charges heromci past doe or dolinyuent and promptly deliver receipts therefor to boneficiary, Should the grantor fail to make payment of anv taxes, assessments, ]nsuNnrce 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 raic set forth in the note sceured hereby, together with the obligations described in paragraphs 6 and 7 of this trust decd, shell be added to and become a part of the debt secured by this trust deed, without waiver of any rights arising front breach of any of the novena ILS he're'of. For such payn'tcnm with interest as ofoicsa id, the prop- erty hereinbefore descrihcd, as well as the gtanfor, shelf be bound to the sonic extent that they are bound for the paymcoi of the obligation heroin.dexcrihed. All such payments s in ll he i,,unedigtuly title and payable without notice, and the nonpayment thereof shall. ht the, option of the beneficiary, render al) sums secured by this trout decd immediately due and payable and shall constitute a breach of this trust died. 6. To Pay all costs, fees and exponses of Ihis test, including the cost of title search, as well ax the other costs and expenses of (Fie trustee incurred in con- nection with or in enforcing this obligation, and trustee slid sttonley fees actually incurred. 7. '1'o upivar in red ddinal any action in I veceling purPohing to affect the sceulty riglits or powers of henafic•iary or trusteo; find in auy soil, foalon or pra- ceeding in evinch ihe beneficiary int thrslec m 1Y appear. including ally atilt far -tile. tiucclasule of flus deed or any, suit or union roliaecl u) fill,, if,s, rW n ool including but sol liDmued wits validity afalAwenfnrceabllily. it, pay 1d1 costs and exponscs, ioeludmq, evidence nl'tiile find the hooctichtry,s far tr sicc s auorncy le.es.1 he nmtmrd of attorney Pies mentioned in this paragraph in all cases shall be, nixed by the trial coeur. and in the event of an appeal trial, piny ludgmont or decree of the trial court. grantor further aprc- to pay such silly, as the. appellate court shall adnalge reasonable as the bencriciary's or trustee's attorney fees on such appeal. 11 is mutually agreed that: 8, Ili -Ihc event that any p ration t r II of tile Propcoly shall he taken under file light of umnenl (lore e.1 of conderrnmunn, kneficiar}• shall hove the right, if it. so elects, 4) require that all of any p oIn n1 if Ili n'a t p ryahlc : cr nip e naso n for such taking xShh me a xecss_uf thmleq e aount clad u! pus all reasonable ro.'ta se expen. and culurney Ices ueee.%ul y fold or incurred by gr nu r fir Buell )I0 rd;,,J" , 'loll he paid It l encHcims and applied by it first upon uty r Isonable costs and e•kppt1 .cs and attorney fens, b(lt, ill the trial aril appellor + oris, ficre.aaMy pail to if urre;l by beneficial) At veli .n ix:ccunns, and the balance upplical upon Ihr, intiobtcdness secured botchy. firaillol agrcw, :t ii. own expense, In take sttch action,* and cxccuu spch msainacmx 1 sludl he nom"Inq ill uI Willing, 80011 compensation promptly upon beneficiary's request. (CONTINUED) NOTE:The Trust Dead Act provides that the trustee hereunder must be either an attorney who Is on.aenvo member of tho Olagon stale ant. a bank, trust tompany n or savings and Wi association authorized to do business under rho laws of Oregon or the Unlmll States. a tale Inaeraneir so on authorized to Insure title to reel property of this steps, ata subsidiwlos, sinuatoe, sganisar brenehos, aha UNlad Stems of -shy elicitor. rhmQof, or an escrow ugsm Ilconsed under US 606 606 10 6g6.66s. 'WARNING: 12 Use 1701)•3 r.f almas find mayy Prohibit exert xo cf lids 6ppllon. The roWlshor suggests that such an agmemonl addross tha 19ove Of N of ning beneficiary's consent In oomplais detail, ........._. _ 9. At any time. andfrom tinge w tune upon writtan ruqurst of hel,ficiary, myrnent of its fees and in, ol'this deed and file note for endorses mem. (111 Clrll` nP (1111 fCCUIfVe`)'aIICCS, f(11' CanCCllall()n), wltfi0at affCClirlg iflc liability of any person for the payrrifud of the indebtedness, (ruxtee may (a) consent a file making of any mop or plat oi'thc property, (b) jom in grnming any casein n( or weutiut, any tcaluclion thereon; (c) join in any subordination or j other ago<•mul anu.ung this deed or (fir" hen or c)iinse iher"A. tar (d) Ieconvty, without wairanty; an rn any partrlfYbc propa•ty:. Ihogmntce in any raeonvoyance ' may be described it, the "re, I or persons legally cntided thereto," and the recitals lincrcin of any matters or facts shall be, conclusive proof of the Iruthhxlness there- of,'trustee fee, I'm-umy of the services mentioned in this paragraph shall ho nor less shun RS_ 10. Upon arty aiafmdt by grantor bertundur, beneficiary Ina'. at any time without notice, either in person, by agent, or by a receiver (a be appointed by a court, and withaul regard to the adequacy al'nny security Ibr the indebess tednhereby secured, enter upon mut take pos,essfon of (ho property or any parr thereof, in its own - name sue 01' otherwise collect the rents, issues and profits, including those past due and unpaid. and apply the Same, less costs and expanses of operation and colluo- tion, including reasonable alorney fees, upon any fmichtiAness secured hereby, and in such order as henoficiary may determine. 11. The, entering upon and taking possession of tile property, file collco(fon of such rents. issues and profits. or th(,. proceeds of foe and other insurance poli- cies or compensation or aw•uds for aoy taking or damage of the property. find the application or release thereof as aforesaid, shat) not cure of wai ve any default or n Alec of default hereunder, or invalidate: any act done pursuant to such notice. 12, Upon default by grantor in payment of any indebrodncss soomcd hereby or in grantor's perlormn,loo orally agreement hereunder, time• being of the essence with respect to such payment and/fir performance, the beneficiary rnay declare all sums secured hereby immediately due and payable. In such event, the beneficiary I may elect to laroceed to foreclose this trust rived in equity as a mortgage or direct the trustee to foref.lose (his trust decd by advertisement and sale, or may direct the rest- to pursue arty other right of remedy, tither at law or in equity, which til,: beneficiary gray have. In the eveIit the beneficiary elects to foreclose by advertise mens and auto, the beneficiary or the trustee Shan r"xeti to and cause to be recorded a written notice or dela of and eleclion to sell the property to satisfy the ob!fi;n- ' time and place of sale. give notice thereof as tiler) reeluired by law proceed to foreclose this it deed in flan accord hereby whereupon the (rushee shalt fix the the mamler provided in ORS 86.752 to W8 S. 13. After the trustee hos commenced fnrcdosure by udvcrli,cment and snle, and at any time prior to S days beforo the date the. tmstcc conducts the sale, the grantor or any other person so privileged by ORS 90078 may cure. the default or defaults. If the de"(fault consists of a failure t(+ pay, when due, sums secured by the trust deed. the default may tic cured by paying the entire amount due at the, time of file cure other 111311 such portion Ili would not then he due had no default occurred. Any other default that is curable of being cure(][ may be cured by tendering the r trfornuuec required tinder the obligation or trust deed. Irl tiny case, in addition to curing the default or &,faults. The person effecting the core shall pay to the beneficiary all costs and expenses actually Incurred in enforcing tee obligation of the trust decd, together with rmstce and attorney fees not exceeding the amounts provided by Inw. 14, Otherwise. the sale Shull I be held on the date and at tho limn. ;and place designated in the notice of sale or the time to which the sale may be postponed as provided by law, Tho trustee may soft the funperly cirher in one pnrccl or fn sep»rate patcels and shall sell the parcel or parcel, at aaelinn far etc highest bidder for cash, payable at thy, dine o! sale. "D'uslec stall dcI Iver to the purchuser its deed in form as required by law conveying the propertyy so sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters of fact shall be conclusive proof of rite. truthfulness therat, . Any person, excluding the I, -V"., bill including the grantor and beneficiary, may purchase at the sale. 15, When trustee sells pursuant to (be. powers provided Illicit,, nalfce shall apply tie proceed., of salt, to payment of: (1) tine expenses or ,Pale, Including [lie cornpensaticm of the trusted: and a reasonable cringe 6y rrusrrr.'s ;nnrrney; (2) to the obligation secarttd by the trust decd; (3) to fall persons having recorded liens sub- sequent to the inlerost of try trustee in the oust deed as their interests may appear in the order of their priority; and (4) the surplus, if any, to the grantor, or to any snecessorIn interest entiilod to such surplus. 16. FSencfiuiary rnay, from tine to time, app�fint a Successor or successors to any truster" named herein or to any succ"Sin trustee appointed hcrcundcr. Upon i such appointment, and without convey:mco to the sntrcssor lruaee., the latior shall lie vested with all title, powers and duties confi:rrrd a}1wn any trustee herein named far uppointedt hereunder. E.nch such appointment and substitution shrill be mule. by v,ribcn insuunnau owcukxl by beneficiary, wlach, when recorded In the unmipiry tett ria of Iliacounty or counties in which the pmperty fa sin ned, shall 14. conelusi proof of propet :qrp nnnnlau ill thesncec sur trutlec±. 17. Trustees accepts this trust when tills deed. duty executed and acknosvhdg tl is made a pnhfic record v;jwovided by ):I%%'. Traslee is ant ohlie itvd to notify any parry hereto of pending sale under any other decd of trust or al' any fiction or pnn.ecdang in which (:nntl< r, bore nhuy or u n uc.c ,4ha11 N. a pally unites. ,00h action or proceeding is brought by trustee. The grantor covenants to and agrees with the beneflciury and lite benel'iciary''s successors fn inaucst that. the, grander is lawfully seized in fee simple of the real property and has a valid, unencumbeved tittle thereto, except as may be so( forth it, tiny addrndurrl or exhibit attached hereto, and that the grantor will warrant and forever defend the same against all persons whomsoever. beneficiary with evidence of insurance coverage as required by the. contract or loan s rentorprovides s. 4VARNIN(:lJnle g } may purchase insurance at grantor'sor's expense toprotect b beneficiary 's inti This insurance agreement between them, beneficiary rnay, but need not, also protect grantor's interest. if the collateral becomes damaged, the coverage purchased by beneficiar rnay 1101 pay any claire etude by or against grantor. Grantor may later ctne01 the coverage by providing evidence that grantor has Obtained property coverage elsewhere, Grantor is responsible for the cost of any iosuranre coverage purchased by beneficiary, which cost may be added to grantor's contract or loan balance. If it is so added, the interest rate on [lie underlying contract or loan will apply to it. The effective date of coverage may be the date grantor's prior coverage lapsed or the date grantor' failed to provide proof of cover- age. The coverage beneficiary purchases may be considerably more expensive than insurance grantor might otherwise obtain alone and may not satisfy any need for propeny damage coverage orally mandatory liability insurance requirements imposed by applica- ble law. The grantor warrurs that the pmeced., of the loan represented by -I above descrbed note. sed this trust deed are (choose one):" (a) primarily for gramor's personal, family in household purposes (see Important Notice below). (b) for un orgalliUnion, or (even ff grantor' is a natural person) arc for business or connnercial purposes. This decd appliesto, inures to rhe benefit n(, and hinds cdl parties hrrrfo. Ihcir heirs, lag,arun, dcvisecx, administrators. executors, personal reprosenla(ives. ,ucess€ors and as,igns. The Tcnn beneficiary ,hall ntoan the holder and owner, including pledgee, of the conlfacl secured hereby, wholhe• far nut named as a baneri" ciary tierrin, hl construing, this ins(rur 1, where the context so requires, the mirgular includes the. plant), and all gramma(icatl changes shall be made ao that this instru- ment shalt apply equally to busines=s, other entities and to individuals. iN WN'N1 SS WHEREOF, grantor has executed this instrument the date stated above; any signature on behalf of It business or other entity is n)ade, with the authority of that entity. IMPORTANT NOTICE: Delete, bylining out, whichever warranty (a) or (b) Is Inapplicable, If warranty (a) is applicable and the boner is a creditor as such word Is delined in. the Truth•In-Lending Act and t! Regulation Z. the beneficiary MUST comply with the Act and !S Re ulation by making required disclosures. if compliance with the Acf is not required, disregard this notice, _.___...........................-._......... ..._............ _ .. . STArB; OF OREGON, County of .. _......... . _..... ....... ................_...) s, This recoil was acknowledged betore tree on .._ ._._..................................................................... ................ by......._...... _._...._ ___... This recor:i was ackilowlcd(trd before enc 0rl .... ___ . ...__.._....... as......... .... ._...._._......-.......... _.. ..........._._....._............._...._..._..........._.... _ -------- of, ....... ......... ..... _._..._............ .. __..._. _ ......-........... Notary Public for Oregon My commission expires ...... _ . REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid,) TO: .. _..- _ __ . ... _ .. _... __.. Trustee The undersigned is the legal owner it l holder of all u uicfuedhuss scrurai by' etc foregoing. fru+l de _t), til .mit, teourcil by tr( rust decd haul n full.• pil d and satisfied. You hereby are directed, on paymeaw payment It) u of ;any' ammo Willi, to poli under til.ct nts of tilt. mut devil or parsuam fat iabno, In can&I If _ vidonca, of indebtedia: secured by the bust deem (which arc del wild fo you herewith together with til:: oust dean and hr) ree Ivey, without ,it duly, to tile. poets desi nawd by the terms of (lie trust deed, the.,mile now holt( by You under the carne, h4ail ole rcconvoyancc and docurneus to .. ........ _.... __......_ ... .. _..........._.._..... 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. t3cnufirinry ES COG',/yam Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of February 20, 2019 DATE: February 14, 2019 FROM: James Lewis, Property Management, 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2019-001, Sale of Certain Real Property Acquired by Deschutes County through Tax Foreclosure RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board of County Commissioners approve and sign Document 2019-001. TITLE OF AGENDA ITEM: Consideration of Board Signature of Document Number 2019-001, an Order for the Sale of Certain Real Property Acquired by Deschutes County Through Tax Foreclosure. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The attached list of properties (33 properties) are proposed for inclusion in the public auction of tax foreclosed and surplus County -owned land. ORS 275.110 provides that the Board of Commissioners will fix the minimum price (minimum bid) for each parcel and the conditions and terms of the 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 and the Sheriff's Office to prepare documents associated with the sale. The Community Development Department, Road Department, the County Forester and the Cities of La Pine, Redmond and Bend have reviewed the list of properties offered and find there is no reason to retain the land in County ownership. The auction will begin at 10:00 am, Friday, May 17th, 2019 in the Barnes and Sawyer Hearing Room. FISCAL IMPLICATIONS: If all the properties sell at the established minimum bid the proceeds of the sale will be $614,008. Any properties that do not sell 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. It is important to note that the revenue of the sale is utilized for reimbursement of direct management costs for the properties post foreclosure and required acquisition by Deschutes County as prescribed by and allowed through State law, with the remaining revenue distributed to the applicable taxing districts. ATTENDANCE: James Lewis DISTRIBUTION OF DOCUMENTS: One fully signed original document returned to James Lewis for permanent records. One copy of signed document to Jennifer Hill, Civil Technician at the Sheriff's Office (scan). 4 qi 3 HIGH BID "B11"DIDE-R-INVIMPER 3 Friday, May 17, 2019 Public Property Auction Page 1 of 2 -7 2019-25 REMOVED REMOVED 2019-2� __ �;- �.w� �� �__c __. _� � ___.__ 2019-27 1 , 2019-28 __;< -�� ; . - - ----- ---- 2019-29 1,t. ;1; )v 2019-301_ l ,_ ;019-31 _ �:�- _� � . : t� ___ p I ,,. 2019-32 2019-33 N/ -S /q L,E- :'D,Y d__. 2019-34 REMOVED Friday, May 17, 2019 Public Property Auction Page 2 of 2 V i LL O O O O O O O O 6 ci LL {L LL N O h tD N V> i/T i/f O Vf i/L l0 LT = v N V �c LL W LL 0 V O O O O O O O Olo O N d ILLI. 4�L N N i/L N V} VT lh V1 o W W Q x u N 0 0 3 c. 0 N 0 a 0 m a N c m Q j'y M n N to M N V1 1A N N lA VT N H �-1 o Ol O O Ol N Ol OI Cl m O '�-+ O c�.l O m M N N O N N N N o O O O O O N N N O O \ N \ \ \ \ N N N N N N \ \ \ N N y N \ Y1 N N N \ \ \ \ \ \'m v to N N N N Ill N N I!I u � d N W v K •p N N N G1 W N d W d N N N > d > > r r r W N u N �v u v v � - N d uoi m m orn m o o lo o m N n m N n m ^� N wIn N � N O N N O N o0 00 W 00 N O O O W N Z n o a O v O O n n n N O O N n n y N 00 o o O t N N u c o o E y o o c m a o 0 0 0 0 0 0 0 00 00 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 c o 0 0 0 v mm 00 o a a a o o m o a v Y a cl loo, o N oN L N N yA n N n to n VT a N N t/T N 1A V1 N VT M N n +n n � N l/4 N VT N N u v m a v o o £ m c � 2 `w £ W � y c m M 2 d m F- u E m E o m z z T m 0 o m 'O c > > m m m m n .L• m m C Vf U U Y VaII f0 m m m l'J m m Y m m O O O O O O O O O O O O O O O G O O Q O O O O O O O O O O O O O O OO 0 0 O O O O 0 O 0 O 0 O 0 O 0 O 0 o 0 o 0 O 0 -a------- o o o0 0 0 0 o 0 a 0 a v v a o o In o a a V a n n M N N N N N M M N O c F G Il. 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V} N lh N N VT yh J J J J J J J ,o a a a a a a a 9 W N ti N 00 N N N N N N X •m 2 O 2 O 2 O 2 O 2 O 2 O 2 u Z u N N N N N N N N N N M M M M M �p Cf O1 Of O1 O1 4f Of Of Ot Of 01 at Of Of Of d N M N N N N H N N H N 2 N N H N N N N N N NN N N N N N N N FO- - - Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners BOCC Wednesday Meeting of June 5, 2019 DATE: May 24, 2019 FROM: James Lewis, Property Management, 541-385-1414 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2019-018, Approving and Confirming the Sale of Certain Real Property Acquired by Deschutes County. RECOMMENDATION & ACTION REQUESTED: Staff recommends approval of Order No. 2019-018. BACKGROUND AND POLICY IMPLICATIONS: On February 20, 2019, The Board of County Commissioners signed Order 2019-001, ordering the sale of certain County property acquired through tax foreclosure proceedings. On May 17, 2019, the Deschutes County Sheriff held the public auction as ordered. This Order will approve and confirm the high bids received at that sale and authorize Property Management to prepare deeds for either County Administrator or County Property Manager signature in accordance with the Sheriffs return. FISCAL IMPLICATIONS: The gross proceeds of the auction were $640,100.00: $350,740 cash/cashier's check amount, with $289,360 financed, as per the Sheriffs Return record. The proceeds will be distributed to applicable taxing districts as prescribed by Oregon Statute. RECOMMENDATION & ACTION REQUESTED: Staff recommends approval of Order No. 2019-018. ATTENDANCE: James Lewis