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2020-110-Order No. 2020-010 Recorded 3/24/2020VIEWED N-- LEGAL COUNSEL Recorded in Deschutes County CJ2020-110 Nancy Blankenship; County Clerk Commissioners' Journal 03/24/2020 9:23:27 AM 6<<, ��v II I I I II I IIIII II I I II I II li III I III �y 2020-110 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order for the Sale of Certain Real Property Acquired by Deschutes County ORDER NO. 2020-010 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 15, 2020, 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. 2020-010 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 15, 2020, 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 6 day of March, 2020 ATTEST: 96�or Recording Secret ry PAGE 2 OF 2- ORDER No. 2020-010 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair ANTHONY DEBONE, Vice Chair PHILIP G. HENDESRON, Commissioner EXHIBIT "A" NOTICE OF SALE By virtue of Order No. 2020-010 adopted by the Board of County Commissioners of Deschutes County, Oregon, on INSERT DATE, 2020, authorizing the sale of real property under ORS 271.310 and 275.110, notice is hereby given that, on May 15, 2020, 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 2020-31 Assessor Account 150980 Assessor Market Value $00.00 Map and Taxlot 1712221 CO01200 Property Address No Situs Address, Bend, OR 97701 Minimum Bid $3055.00 Comments This is a vacant and narrow rectangular lot and is zoned CG- Commercial General. The property is not separately developable independent of adjoining properties. All prospective bidders shall register on or prior to the day of the sale, by E-mail to Deborah.Cook(a)-deschutes.orq, 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 11, 2020 through May 14, 2020, 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 15, 2020, 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 (120 payments) with a fixed interest rate of 6.5%; 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 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. Regardless of method of purchase, upon receipt of Certificate of Sale, the Certificate of Sale must be recorded with the Deschutes County Clerk. Page 1 of 2 EXHIBIT "A" 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. 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) 385-1749 or (541) 330-4631. SHANE NELSON Deschutes County Sheriff Civil Technician Published in Bend Bulletin Date of First and Successive Publications: April 1, April 8, and April 15, 2020 Date of Last Publication: April 22, 2020 Page 2 of 2