2021-349-Order No. 2021-011 Recorded 8/26/2021REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County
Steve Dennison, County Clerk CJ2021-349
Commissioners, Journal 08/26/2021 1:48:41 PM
`\y\}'VES�O<'2-` II�II�I�II'�II�II'IIIIIII'll I Q' �I
2021-349
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. 2021-011
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 Oregon Revised Statute (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 Deschutes County Fairgrounds, 3800 SW Airport
Way, Redmond, Oregon, 97756, beginning at 10:00 a.m. on Friday, October 8, 2021, and remaining
open until 2:00 p.m. to allow for Bidders to submit the appropriate purchase payment. COVID-19
precautions will be in place; check the County website for applicable procedures.
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 Deschutes County Fairgrounds prior
to 2:00 p.m., with no Bidder admittance allowed after 2:00 p.m..
PAGE 1 OF 2- ORDER No. 2021-011
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 and removing properties from the sale, when, in the
opinion of the Property Manager, said deviations or modifications are justified and in accordance with
the applicable ORS.
Section 7. That the Deschutes County Property Manager or the County Administrator is
authorized and ordered to sign the Seller's Disclosure Statements and the Sales and Purchase
Agreements for the County owned property to be sold at the October 8, 2021, public auction.
Section 8. That the sample promissory note and trust deed attached as Exhibit "B"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 25 day of 2021
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PHIL CHANG, Vice Chair
PATTI ADAIR, Commissioner
PAGE 2 OF 2- ORDER No. 2021-011
EXHIBIT "A"
NOTICE OF SALE
By virtue of Order No. 2021-011 adopted by the Board of County Commissioners of Deschutes County,
Oregon, on August 25, 2021, authorizing the sale of real property under ORS 271.310 and 275.110,
notice is hereby given that, on October 8, 2021, at 10:00 a.m. at the Deschutes County Fairgrounds,
located at 3800 SW Airport Way, Redmond 97756, 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 for Deschutes County in the real property listed below:
Parcel ID 2021-01
Assessor Account 118340
Assessor Market Value $48,820
Map and Taxlot 171221 DC00400
Acres 0.52
Zoning Light Industrial (IL)
Property Address 62810 BOYD ACRES RD, BEND, OR 97701
Minimum Bid $45,280
Comments Unimproved triangle shaped property located adjacent to Pilot Butte
Canal. No utilities currently available to property. Legal access is
unconfirmed. Contact City of Bend Community Development
Department with inquires and questions related to allowed uses and
development.
Parcel ID 2021-02
Assessor Account 115601
Assessor Market Value $75,500
Map and Taxlot 201012ACO2700
Acres 0.58
Zoning Rural Residential (RR10)
Property Address 17097 COVINA RD, BEND, OR 97707
Minimum Bid $42,000
Comments Unimproved property; legal lot of record. Located in Deschutes River
Recreation Homesites Inc. (ELKS 18-25) Plat. Wildland fire fuel
treatment required as a condition of purchase. High ground water
area -development may not be permitted due to restriction on
installing an onsite sanitary sewer system. Further restrictions
resulting from the AS and WA overlay zones may be applicable.
Contact Deschutes County Community Development Planning
Division and Environmental Soils Division with inquires and questions
related to uses and development.
Parcel ID 2021-03
Assessor Account 115873
Assessor Market Value $75,500
Map and Taxlot 201012CO05500
Acres 0.50
Zoning Rural Residential (RR10)
Property Address 16925 FONTANA RD, BEND, OR 97707
Minimum Bid $53,600
Page 1 of 6
EXHIBIT "A"
Comments Unimproved property; legal lot of record. Located in Deschutes River
Recreation Homesites Inc. Unit 4 Plat. Wildland fire fuel treatment
required as a condition of purchase. High ground water area -
development may not be permitted due to restriction on installing an
onsite sanitary sewer system. Further restrictions resulting from the
AS and WA overlay zones may be applicable. Contact Deschutes
County Community Development Planning Division and
Environmental Soils Division with inquires and questions related to
allowed uses and development.
Parcel ID
2021-04
Assessor Account
116115
Assessor Market Value
$75,500
Map and Taxiot
201012D004600
Acres
0.50
Zoning
Rural Residential (RR)
Property Address
17075 FONTANA RD, BEND, OR 97707
Minimum Bid
$53,600
Comments
Unimproved property; legal lot of record. Located in Deschutes River
Recreation Homesites Inc. Unit 4 Plat. Wildland fire fuel treatment
required as a condition of purchase. High ground water area -
development may not be permitted due to restriction on installing an
onsite sanitary sewer system. Further restrictions resulting from the
AS and WA overlay zones may be applicable. Contact Deschutes
County Community Development Planning Division and
Environmental Soils Division with inquires and questions related to
allowed uses and development.
Parcel ID
2021-05
Assessor Account
116205
Assessor Market Value
$75,500
Map and Taxiot
201012D014100
Acres
0.67
Zoning
Rural Residential (RR)
Property Address
17196 INDIO RD, BEND, OR 97707
Minimum Bid
$48,000
Comments
Unimproved property; legal lot of record. Located in Deschutes River
Recreation Homesites Inc. Unit 4 Plat. Wildland fire fuel treatment
required as a condition of purchase. High ground water area -
development may not be permitted due to restriction on installing an
onsite sanitary sewer system. Further restrictions resulting from the
AS and WA overlay zones may be applicable. Contact Deschutes
County Community Development Planning Division and
Environmental Soils Division with inquires and questions related to
allowed uses and development.
Page 2 of 6
�:1;11:��iiTffi
Parcel ID
2021-06
Assessor Account
116606
Assessor Market Value
$75,500
Map and Taxlot
201013C009300
Acres
0.49
Zoning
Rural Residential (RR10)
Property Address
16967 UPLAND RD, BEND, OR 97707
Minimum Bid
$53,600
Comments
Unimproved property; legal lot of record. Located in Deschutes River
Recreation Homesites Inc. Unit 9 Part 2 Plat. Wildland fire fuel
treatment required as a condition of purchase. High ground water
area —development may not be permitted due to restriction on
installing an onsite sanitary sewer system. Further restrictions
resulting from the LM and WA overlay zones may be applicable.
Contact Deschutes County Community Development Planning
Division and Environmental Soils Division with inquires and questions
related to allowed uses and development.
Parcel ID
2021-07
Assessor Account
116600
Assessor Market Value
$94,500
Map and Taxlot
201013C010000
Acres
0.87
Zoning
Rural Residential (RR10)
Property Address
16905 UPLAND RD, BEND, OR 97707
Minimum Bid
$36,000
Comments
Unimproved property; legal lot of record. Located in Deschutes River
Recreation Homesites Inc. Unit 9 Part 2 Plat. Wildland fire fuel
treatment required as a condition of purchase. High ground water
area -development may not be permitted due to restriction on
installing an onsite sanitary sewer system. Further restrictions
resulting from the WA overlay zone may be applicable. Contact
Deschutes County Community Development Planning Division and
Environmental Soils Division with inquires and questions related to
allowed uses and development.
Parcel ID 2021-08
Assessor Account 116640
Assessor Market Value $64,000
Map and Taxlot 201013C014900
Acres 1.12
Zoning Rural Residential (RR10)
Property Address 56031 SAVAGE DR, BEND, OR 97707
Minimum Bid $60,000
Comments Unimproved property; legal lot of record. Located in Sun Dance
Phase I Plat. Wildland fire fuel treatment required as a condition of
purchase. High ground water area -development may not be
permitted due to restriction on installing an onsite sanitary sewer
system. Further restrictions resulting from the WA overlay zone may
be applicable. Contact Deschutes_ County Community Development
Page 3 of 6
EXHIBIT "A"
Parcel ID
Assessor Account
Assessor Market Value
Map and Taxlot
Acres
Zoning
Property Address
Minimum Bid
Comments
Parcel ID
Assessor Account
Assessor Market Value
Map and Taxlot
Acres
Zoning
Property Address
Minimum Bid
Comments
Parcel ID
Assessor Account
Assessor Market Value
Map and Taxlot
Acres
Zoning
Property Address
Minimum Bid
Comments
Planning Division and Environmental Soils Division with inquires and
questions related to allowed uses and development.
2021-09
117115
$75,500
201107CO07700
0.48
Rural Residential (RR10)
17216 JACINTO RD, BEND, OR 97707
$24, 000
Unimproved property; legal lot of record. Located in Deschutes River
Recreation Homesites Inc. (C) Plat. High ground water area -
development may not be permitted due to restriction on installing an
onsite sanitary sewer system. Further restrictions resulting from the
AS and WA overlay zones may be applicable. Contact Deschutes
County Community Development Planning Division and
Environmental Soils Division with inquires and questions related to
allowed uses and development.
2021-10
114156
$75,630
211035CO02800
1.02
Rural Residential (RR10)
52525 RIVER PINE RD, LA PINE, OR 97739
$55,000
Includes small outbuildings; legal lot of record. Located in Ahern
Acres Plat. Further restrictions resulting from the WA overlay zone
may be applicable. Community Development Planning Division and
Environmental Soils Division with inquires and questions related to
allowed uses and development.
2021-11
144183
$696,115
220901AO03100
1.40
Rural Residential (RR10)
14717 NORTH SUGAR PINE WAY, LA PINE, OR 97739
$297,600
Located in Ponderosa Pines Plat. Includes a 3,563 square foot
unfinished lodge -style building and an adjacent 3,072 square foot
out -building constructed in approximately 2004. Multiple code
violations; buyer will be required to remedy as outlined in the
memorandum from Deschutes County Code Endorsement dated
March 29. 2021. Further restrictions resulting from the WA overlay
Page 4 of 6
EXHIBIT "A"
zone may be applicable. Contact Deschutes County Community
Development Planning Division and Environmental Soils Division
with inquires and questions related to allowed uses and development
and Code Enforcement for questions related to the requirements
outlined in the March 29, 2021 memorandum.
Parcel ID 2021-12
Assessor Account 143581
Assessor Market Value $18,480
Map and Taxlot 2221170001600
Acres 11.48
Zoning Exclusive Farm Use — Horse Ridge Subzone
Property Address **NO SITUS ADDRESS** Brothers, OR 97712
Minimum Bid $9,200
Comments Unimproved property. Further restrictions resulting from the SGHA-
Core Zone and the LM and WA overlay zones may be applicable.
Contact Deschutes County Community Development Planning
Division and Environmental Soils Division with questions related to
allowed uses and development.
1) All prospective Bidders shall register prior to or on the day of the sale. Registrations on the day of
sale must be completed and received, as noted below, prior to start of the auction. The registration form
is available at www.deschutes.org. Registration shall be submitted by one of the following options:
a) Email to Kristie.Bollinger@deschutes.org b) Fax to 541-317-3168, c) Mail to Deschutes County
Property Management; P.O. Box 6005; Bend, OR 97708-6005, d) or in person between October 4, 2021
through October 7, 2021, during the hours of 9:00 a.m. and 12:00 p.m. at 14 NW Kearney Avenue in
Bend, Oregon. After 12:00 p.m. (NOON) on October 7, 2021 all filled out registrations should be brought
in person to the auction location and have registration form completed and check -in done prior to auction
start time of 10:00 a.m. Bidder must provide a completed registration form, which includes bidder's legal
name, physical address, mailing address, telephone number, how to take title, and signatures. Bidders
must provide an acceptable picture I.D. on the day of the auction, prior to 10:00 a.m. and prior to bidding.
2) 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, 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.
3) 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. For properties where financing is available
the following terms apply: either equal payments over 10 years (120 payments) with a fixed interest rate
of 4.25% -or- down payment and second/final payment in 30 days; both with a nonrefundable cash down
payment of not less than 20% of the purchase price, secured by a promissory note and trust deed.
Copies of the complete contract terms may be found at www.deschutes.org or a copy will be provided
at $0.25 per page upon request to the County Property Manager listed above, by October 1, 2021. On
Page 5 of 6
EXHIBIT "A"
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 Deschutes County Fairgrounds prior to 2:00 p.m. No admittance
after 2:00 p.m. will be allowed.
4) Cash is defined as all legal U.S. currency. Cashier's checks must be payable to Deschutes County
Sheriff's Office, and 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 and recognized as such by Deschutes County.
If any part of the purchase price is paid with a cashier's check the Purchaser (winning Bidder) 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 provided 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 at the
sole cost of the Purchaser.
5) SOME PROPERTY WILL BE SOLD SUBJECT TO BUYER AGREEING TO MITIGATE THE
WILDFIRE FUELS.
6) SOME PROPERTY MAY BE SOLD SUBJECT TO BUYER AGREEING THAT a) SUCH PROPERTY
IS UNDEVELOPABLE DUE TO THE INABILITY TO CONSTRUCT AN ON -SITE SANITARY SEWER
SYSTEM, b) AND/OR THAT THE SUBJECT PROPERTY IS NOT A LEGAL LOT OF RECORD, c)
AND/OR LEGAL ACCESS TO SUBJECT PROPERTY IS UNKNOWN.
7) An example of the Wildland Fire Fuel Treatment 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.
8) For information on the property auction, contact Deschutes County Property Management at
541-385-1414. Additionally, Deschutes County reserves the right to remove any property from the
auction list at or before the auction. 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.
9) 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
Published in Bend Bulletin
Date of First and Successive Publications:
275.120 Sheriff's notice of sale. (1) Upon receipt of a certified copy of the
275.110, the sheriff shall publish a notice of the sale of such property in
circulation, printed and published in the county where the land is situated,
consecutive weeks prior to such sale.
Civil Technician
order referred to in ORS
a newspaper of general
once each week for four
Page 6 of 6
REVIEWED
EXHIBIT "B"
NOTE LEGAL COUNSEL
PARTIES:
Promisor: <<BUYERFIRSTNAME» «BUYERMIDDLENAME» «BUYERLASTNAME»
BuyerAddress1»
«BuyerCityStateZip»
Promisee: DESCHUTES COUNTY, a political subdivision of the State of Oregon
Finance Department
PO Box 6005
Bend, Oregon 97708-6005
1) 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»
2) in the principal sum of «AmountFinanced» with interest on�the,unpald,principal balance
from the designated closing date or the .date of closing, until paid, at the:>rate of Four and One
Quarter percent (4.25%) per annum Pr�racipal and',
nd �h,terest'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 consecutwe Monthly installments of /100
DOLLARS ($), on the st day of each month,begmning December 1, 2021. Such monthly
installments shall continue until'the entire6debt0ripss evidenced by this Note is fully paid,
except that any remaining"' indebtedness, if ;not sooner paid, shall be due and payable on
November 1, 2031. Prom iseeacknowledges;=receipt,",of a down payment in the amount of
DownPayment»
4) Promisor shall
installment not receive
charge shall be paid; or
of the Note.
u
is
thirty d
elerate
(his Note is not paid when due and remains unpaid after
or, the entire principal amount outstanding and accrued
due` and payable at the option of Promisee. The date
iys (30) from the date such notice is mailed. Promisee
during any default by Promisor regardless of any prior
� Promisee a late charge of five percent (5%) of any monthly
Promisee within ten (10) days after the installment is due. Such late
land and Promisee may add such late charge to the principal balance
5) Promisor may prepay the principal amount outstanding in whole or in part without penalty.
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.
6) All persons liable either now or hereafter for payment of this Note severally waive
Page 1 of 3
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.
7) 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.
8) This obligation is secured by a real estate Trust Deed, Deschutes County Document
Number with power of sale, of even date herewith, and is subject to all of the terms
and conditions of such Trust Deed.
9) If this Note is placed in the hands of an attorney,,Promisor agreesao 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 T
;�eerust Deed securing this"obligation.
Such fees, expenses and costs may, at Promi's:opton, be�added to the principal balance of
this Note.
10) Failure to exercise any optionao declare default or accelerate fhe:balance due hereon
shall not constitute a waiver of the right to exercise the ame in the event of any subsequent
default. Modification of the terms of pay riient:bf,this Note; made at the request of any person liable
thereof shall not impair such person's liablity or the liability;of any other person now or hereafter
liable for the payment hereof ,,; `
11) In the event that a bi
issued on the premises ide
and payable.
ictured home placement permit is
this Note immediately becomes due
12) Promisor acknowledges that based upon Promisor's own inspection and investigation,
Promisor; is; satisfiedthat the premises identified in the Trust Deed do not now contain any
amounts of `l azardous, toxic, radioactive or other substances for which a property owner or
operator may be liable under sate or federal environmental pollution or health and safety laws.
13) AccoCling ly, 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.
Page 2 of 3
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. _
1a307TiI[Y*] �
STATE OF OREGON )
) ss.
County of Deschutes )
This instrument was signed before me on .> 12021,
a
My Commission E�
Notary Public for O
Page 3 of 3
FORM No. 081—TRUST DEED (Assignment Restricted). 4)1906-e044 STEVENS-MESS LAW PLJOUSHINGCO, PORTLAND, OR wrvw alevenanesseom
Be T NO PART OF ANY STEVENS-NESS FORM MAYBE REPRODUCED IN ANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS.
TRUST DEED
Exhibit B
Trust Deed example (2 pages)
SPACE RESERVED
FOR
RECORDER'S USE
THIS TRUST DEED, made on _.__.._ .._.__..-_.. _—___..._ _ . —.--- ------ ---------, 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, hereditarrents 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 SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the sum of-
6 oil ars', with interest thereon according to the )autos of a prmnissory note of even dale herewith, payable to beneficiaryor order and made by grantor, the final
payment of principal and interest, if not sooner paid, to be due and payable on ________________________________________________.
The date of maturity of the debt secured by this instrument is the date, stated above, on which the final installment of the hole becomes due and payable.
Should the grudor chbco agree to, (alempt to, or actually sell, convey, orassign all (tor lilt), part) of thepMpeni; OF all. (fir afIV purl) of gmntur'i: interest !if it without
first oblaining Ilia writiert efinsent of approval of ilia beneficiary,lhen, tit Inc bcilcfieinn''s'uption*, all oblip li ns scored by This:aslniment,-irrespective of the ilmla-
rity dales cxpresicd therein, ur hetuin. sludl.become in incdiuiely due and payable. The execution by gnintor of all carttppl-plumy ngrecntenl1P does not constitute a
sale, conveyance or assignment.
To protect the security of this trust deed, grantor agrees:
1. To protect, preserve and maintain ilia property in good condition and repair; not to remove or demolish any building or improvement. thereon; and not to
commit or permit any waste of the property.
2. To complete or restore promptly and in good and habitable condition any building or improvement which may be constructed, damaged or destroyed there-
on, and pay u91cn due all eosis incurred: thvre for,
3. Tueumply wiUi(dl laws, ordiium e regul(itionm, rnvcntnls, condition. andresiriclirms urfaafing the pn]laa4v if Otc t+cnafulwy s(sm(luests. tojoin in exe-
cuting such financing sudfrnicnls pursuant in the Uniform Commercial Code as the hcnefician may require, nntl to pay Inr filing ilia ,oil ill the proper public office
or offices, as well as the cost of all lien searches made by filing officers or searching agencles as may be deemed ticsinbit, by the b nr 1 6aq.
4. To provide and continuously maintain insurance on the buildings now or hereafter erected on the property against loss or damage. by IL'e and (,that haz-
bids, it, ilia bolls fief ily ftiay truth fine .Ili Iloilo r quite, in an amount nut less than S-------------------------------- .., written by Line Or more
cold ics a;ccphible it) the hcnCheitoy. with lass payublela lbe. linter. All pnilcici of m:aimnce (hull he delivered in the bunCfieinry ty anon ns issued, If the grumor
shall Lail for any reawn to procure any such insurancennd to deliver the pulicies In ilia howlici ry tit least fifteen days prior to the cYpirafion or any pnccyarf insur-
tutca nowor holetifier placed ion the building.e, ilia heudiciary-may prucurclhe same tit }rankir s uxpease.'rbe :moan collecicd under any fireorvlthcrinsurance pul-
icymuy be applied by bdneficiuly utwn only iltdobieduebs secured herchy and in such orderos beneficiary may dclunninc, or al option orbcneficiaiylite entire arnnunt
w collecicd, or any part thereoG may be rcleuscd to gr ntor. Such appircalion or rolCalx shall not Carr fir waive any default in notice o1' dellildl hereunder or invntl,
,late tiny net done pursuant to such notice.
5, To keep Ilia propinls free from consottelfofs liens and m pay all Claus [i aussnrcnl find Ulhdr clueges tine. Innt'b let red or lisecsed upins or against the
piolwAy before tiny part of such taxes, ag>pn nselw; luld ether charges, iccomcs pmtt due or dehncjnehl and pr,mptly dolr'cr rcceipts lliclefnrto huucfcriry. Should
thegrantor Lail to make payment of any tuxes i srasmunlb mt lll,atcc premimns. liens or Other Charges Payable. by grantor, aitharby direct payment tit by providing
licueficinrywith funds with which to nmke such payment, lrandicioov Innv, at its option, make payment Ilicreol', and lite amount so p.rid, w'ilb-interest at the rate at,
forth in the not(-, secured hereby, togellicr with the obligations dead Hied in paragraphs h and 7-of Ihi, lou"I deed, shodl he added to and beconm a pall .1, ihc. debt
-secured by this tnist Bleed, willful 1 waiver of ;u s, rights. ui �ing froin breach of any of the covenants hereof. Cor,Loch pJynlenls, will] uueest as aftwesaid. the prop•
cry hercinbefore dexcribed,.its well its the granter. shall lie linund to the same extent than they are hound for iha payment of the obligation herein described. All such
p: ymeats-xhall In pnhledWely' dlic and puvulile without uouve, and Ill, hoalut vntnn lhereor shall, at the oplitm of Uic bmieftkinrY, render nil mums "cexred by this
trustdecd immediately due mid pimblc tied shall cunt+lif tilt. it t WaCh IllIbis bust deed.
f.. To pay all cost., fees got expr.nacs of Ibis most. nncluding lie costol, title search; as well as tilt other costs ;mil expotses ol'the t nsiec huvrred it) coa•
ticelion with or in cnlonina this obligntion. tied trustee ;Lord 411OMey Fees rctudly m'uricd..
7: To appeuran imd defend any action or prucecoing purporting to affect lite s curity lights Or powers of bench mn• or irustec: and in ,any suitaction orpro
cavilling in which the Iicacilciilry or trustee may appear, including any, tin for the foreclosure of Uri, deed Many suit or action orbited to flit, instillment, imcludiar
-Jilt[ this limilud to its validity soil/urcaftrrccablhla'. to pay all crisis and expenses:. including cvidelicc of fittc. undtire halalIcituy'sor trustee's atomeylecs. Tin, antuunt
`otf ulrurncy.fecs mentioned in tills Paragraph ill till ease' shall he fixed by ihc,trial court. and in Iheevent Li ni nl,peal from iny;iudgmcint or decree of ilia trod caurL
grantor fmlher agrees :to paysttcIf soul us the appcllale coull shall :djmdge feasU112111C as dIC bene iciary�, to Inirwe's allonicy lees rut siicli nppcul.
1t itiiniuon l N, ligicctd iliac:
S it Ilia (sent that any portion or all of the prnprriy shall he taken under the right of eminent domain or condemnation, imn,fio, iary slit Il luive the right, if it
so cicl rs, it, mquhc th:l all or ;nlv portion fir ilia nifuiics payable trs cotitpcnsution for such lakhig which tie m daces of the.amnunl required in pry :ill tcasomihle
costs. e Iwnzrs Load adorney feet nccessa'ity paid iu ineurmil by grantor Ili aICIi'pidr '(Ihigs, ,IFl1I be ptld [,I beneficiary and applied bF it tors) nIn r uty nacunuble
nxsa:'Iln cxixnses or
tees, both in [lie trial and appcllde (cuff neces itrils paid nr incuned by hcnefivlary in n'h pnicca(I nl.i :old the hehmcc applied
upon ilia indebtedness secured herchy. Grriitor agrees, at il,, own cxixuso, lit take such actions Lord execule inch )ilstr uni nos its shall be oceessaly ill obtaining such
compensation promptlyuponbegcffciury s request.
(CONTINUED)
NOTE:Tha Trust Deed Act provides that the trustee homunder must be voinat an oltarrioy who is an acliva member of the Oregon State Bar, a bank, trust comppany or savings and loan
assaciallan authorized to du business under the laws of Oregon oaths Unload Stales, a.wi Insurance company authorized to Insure title to real properly of oils state, Its subsidiaries,
pllilialaa; agpnls or brand+es,llw Unaad states, or any agency thereof, or art escrow agent rcensod undo, OfiS 595.59S to 69s.Sa5,
:WARNING: 12 USC 1701(�s regulates and may prohibit exam ce a1 thle oilpman.
'The publisher suggests Unit such an agreement adtiloss )ha testis of obtaining benafiaiary's consent in complete detail.
Exhibit B
Trust Deed example (2 pages)
*-.
7, At any tint,, unit from burr, to Bute upon wdlum request a) iicne)ir,iarv, paymcuI of its fires unit pre,smrtatioo of this deed and thenotefor caidorsc.
n cut lin ruse of full nxonvcyances, for c+mccl)uliori), wilhoul ufferliug,ihe iii billy. of any per uu fur the pnvmcnt cd the indebtedness, irusice may
(a)uoipsellt to the rm+king ol';rnly nyap or pint of the prupelly;(h) ioin in Loulling any caKen+cnl ar creating ally resirieliun Ihuiran: (c);join In any suhordinutiun tit
hill" ogrecaienl effecting this lecd illtlicaien or charge theleol't or (d) teconvcy, without warranty, all or nay pall eat Ibc property_Thc tralltec iu luny recooveynnrc
mitt' tm Icsmibod its the "liai+;nu or persons legally amilled ilicnato:' and ilic tecitula therein of oily omiler, or lliclN ."hall be eimciusne proof of the nolhfulncsa' Ihcre-
or. ruslre Ices for ❑ray ul the servi es mentioned iatbts paragraph shall I e not Icss 1banS5.
In, t7pnu Any default by Zlutanr hereunder; benefu.uyy may, at anyinre without notice; ci{lier in person, by agent, or by al receiver to be uppymrtd by it corm;
nand withmu ragonj to the adequacy of any' security Ibrihr ho cbledness hcrehysccnrad, enter upon and take pisNcssion of the property or tiny part Ihercul, in its pan
nnalc sec ar nthencise collect rite rents, issues and profits, including Those )lust due a nd uoffi�aid and upply'ticsanic, less costs: and -expenses. of operation lu it collec-
titnr. Including. lansnnable apnmey fees, upon tiny indebtedness secured hereby, and. in melt order as beneficiary may determine.
11, The entering ulunr:unf hiking pusscsslurl of the. pnrperiy, thrr, cplicciioli ofsuch rcnln issucsmnd plolits, or the pmcecds:ref fire and ruher itisumnce pp)i�
tics or compensation ura wards for any taking or durance of (he propoily, and tic applidinioo or icleasc Ihctuuf as,aforesitid. shall not cure, or waive any default oe
notice of default hereunder, or invalidate any act done pursuant to such nnlicc.
12, Upon default by grantor in payment of any indebtedness secured hereby or in grantor's performance of any agreement hereunder, time being of the essence
with respect to such payment and/or performance, the beneficiary may declare :ell sums secured hereby immediately due and payable. In such event, the beneficiary
may elect to proceed to foreclose this trust deed in equity as a mortgage or direct the trustee to foreclose this trust deed by advertisement and sale, or may direct the
trustee to pursue any other tight or remedy, either at law of in equity, which the beneficiary may have. In the event the beneficiary elects to foreclose by udvertisc-
ment and site. the beneficiary or the trustee shall execute and cause to be recorded It written notice of default and election to sell the property to satisfy the obliga-
tion secured hereby whereupon the trustee shall fix the time and place of sale, give notice thereof as then required by law and proceed to foreclose this trust deed in
the manner provided in ORS 86.752 to 86.815,
13. After Ibe trustee has commenced foreclosure by advertisement and sale, and at any time prior to 5 days before the date the trustee conducts the sale, the
grantor or any other person so privileged by ORS 86.778 may cure the default or defaults. If the default consists of a failure to pay, when due, sums secured by the
trust deed, the default may be cured by paying the entire amount due at the time of the cure other than such portion as would not then be due had no default occurred.
Any other default that is capable of being cured may be cured by tendering the performance required under the obligation or trust deed, In any case, in addition to
curing the default or defaults, the person effecting the cure shall pay to the beneficiary all costs and expenses actually incurred in enforcing the obligation of the trust
deed, together with trustee and attorney fees not exceeding the amounts provided by law.
14.Otherwise, the sale shall be held on the dale and at the time and place designated in the notice of sale or the time to which the sale may be postponed as
provided by law. The trustee may sell the property either in one parcel or in separate parcels and shall sell the pacel or parcels at auction to the highest bidder For
cash, payable at the time of sale- Trustee shall deliver to the purchaser its deed in )form as required by law conveying the property 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 the truthfulness thereof. Any person, excluding the trustee,
but including the grantor and beneficiary, may purchase at the sale.
15. When husim sells pursuant to the powers provided herein, trustee shall apply the proceeds of sale to payment of: (1) the expenses of sale, including the
compensation of the trustee and a reasonable charge by trustee's attorney; (2) to the obligation secured by the trust deed; (3) to all persons having recorded liens sub-
sequent to the interest of the Iustee in the dust deed as their interests may appear in the order of their priority; and (4) the surplus, if any, to the grantor, or to any
successor in interest entitled to such surplus,
16. Beneficiary may, from time to time, appoint a successor or successors to any trustee named hei ein or to any successor trustee appointed hereunder. Upon
such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers and duties conferred upon any trustee herein named
or appointed hereunder. Each such appointment and substitution shall be made by written instrument executed by beneficiary, which, when recorded in the mortgage
records of the county or counties in which the property is situated, shall be conclusive proof of proper appointment of the successor trustee.
17. Trustee accepts this trust when this deed, duly executed and acknowledged, is made a public record as provided by law, Trustee is not obligated to notify
any party hereto of pending sale under any other deed ollmsl or of any action or proceeding in which grantor, beneficiary or trustee shall be a party unless such action
or proceeding is brought by trustee.
The grantor covenants to and agrees with the beneficiary and the beneficiary's successors in interest that the grantor is lawfully seized in fee simple of the
real property and has a valid, unencumbered title thereto, except us may be set forth in any addendum or exhibit attached hereto, and that the granter will warrant and
Forever defend die same against all persons 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 purchased by beneficiary may not
pay any claim made by or against grantor. Grantor may later cancel the coverage by providing evidence that grantor has obtained
property coverage elsewhere. Grantor is responsible for the cost of any insurance 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 the 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 property damage coverage or any mandatory liability insurance requirements imposed by applica-
ble law.
The grantor warrants that the proceeds of [be loan rcpeesenled by the above described note and this trust deed are (choose one):*
(a) primarily far grantor's personal, family or household purposes (sec Important Notice below).
(b) for an organization, or (even if grantor is a natural person) are for business or commercial purposes.
This deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, personal reptesentalives,
successors and assigns. The terra benefhciuiy shall mean the holder and owner. including pledgee, of the contract secured hereby, whether or not named as a bench-
ciary herein.
In construing this instrument, where the context so requires, the singular includes the plural, and all grammatical changes shall be made so that this insu i -
mcnt 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 inapplicable. If warranty (a) is applicable and the beneficiary is ------ ------- ---- - -- ------- - "
a creditor as such word is defined in the Truth -ire -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 this notice. __. _..,.._._......____-_..------------- _____.._____-_.-______-._
STATE OF OREGON, County of---. __.____._____.._____._._____________) ss.
This record was acknowledged before me on _______________________-___._ ._... _.._. ___ ......_., ..._.
by----------- ---------------------------------------------- - ------------
This record was acknowledged before me on
by- ---------------_... - -- - -- -
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 and holder of all indebtedness secured by the foregoing trust deed. All sums secured by the ti ust deed have been fully paid
and satisfied, You hereby are directed, on payment to you of tiny sums owing to you under the terms of the trust deed or pursuant to statute, to cancel all evidences
of indebtedness secured by the trust deed (which ate delivered to you herewith together with the trust deed) and to reconvey, without warranty, to the parties desig-
nated by the terms of the trust deed, the estate now held by you tinder the same. Mail the rcconveyance and documents 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. Beneficiary
G\vTES Cp&
BOARD OF
COMMISSIONERS
MEETING DATE: Wednesday, August 25, 2021
SUBJECT: Consideration of Board Signature for Auction Order No. 2021-011, the Deschutes
County Surplus Property Auction
RECOMMENDED MOTION:
Move approval of Board signature of Order No. 2021-001, for the Deschutes County
Surplus Property Auction.
BACKGROUND AND POLICY IMPLICATIONS:
The attached list of 12 County -owned properties with corresponding maps are proposed
for inclusion in the 2021 Deschutes County Surplus Property Auction scheduled for Friday,
October 8, 2021 at the Deschutes County Fairgrounds.
Property Management staff has worked with County Counsel, the Community
Development Department - including Planning, Environmental Soils and Code
Enforcement, County Surveyor, County Engineer, County Forester, Finance Department,
Tax Office, Assessor's Office, and the Sheriffs Office to evaluate the list of initial properties
and prepare documents associated with the sale.
In order to establish the property values, Property Management engages the services of an
experienced licensed real estate broker. The broker provides a'Broker Opinion of Value' for
each property and these values are typically reduced to 80% to establish the minimum bids
for the purpose of the auction -these amounts are noted as the minimum bids on the
attached document. If all properties sell at the established minimum bid, the proceeds of
the sale would be $777,880.
Most properties sold at auction sell above the minimum bid - thus generating additional
sale proceeds. If not all properties sell at auction, those properties that do not sell may be
available for purchase on a first come first served basis as provided by ORS. Generally
speaking, most properties sell at auction.
Standard operating procedure and as done in the past, Deschutes County will offer
financing for properties sold for $20,000 or more at an interest rate of 4.25% amortized
over a 10-year term. Properties that sell for less than $20,000 are required to be paid in full
the day of the auction by cash/cashier's check. Parcels may be removed from the auction
list at any time.
BUDGET IMPACTS:
If the properties sell at the established minimum bid, the proceeds of the sale will be
$777,880. Properties that do not sell at 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 ORS.
As provided by ORS 275, the sale's proceeds reimburse post -foreclosure direct
management and carrying costs associated with foreclosed properties with the remaining
proceeds distributed to the applicable taxing districts.
ATTENDANCE:
Kristie Bollinger, Property Manager