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2021-429-Order No. 2021-058 Recorded 10/27/2021REVIEWED Recorded in Deschutes County CJ2021-429 Steve Dennison, County Clerk Commissioners'Journal 10/27/2021 3:59:26 PM LEGAL COUNSEL FS�pG 2021-429 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving and Confirming the Sale of Certain Real Property Acquired by Deschutes County. ORDER NO. 2021-058 WHEREAS, on August 25, 2021, the Board of County Commissioners ("Board") signed Order 2021-011, incorporated by reference herein, ordering the sale of certain County property acquired through tax foreclosure proceedings on file in the Circuit Court of the State of Oregon for Deschutes County and by other means; and WHEREAS, on October 8, 2021, 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. 2021-011 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, rrLM UnADn nU 1"nTTT�TTV t"C)N4AATCCTr1T�TWDIZ (1R rnRCvT-TT�TTRC 1-n TATTV (YPPI-Y1T�T NFRFRV 111E BOAI- 01 V0-141 1 CV1Y1MISS1VN-- , , + ORDERS as follows: Section 1. That the bids set forth in Exhibit "A" of this order are hereby approved and confirmed. Section 2. That the sale of property authorized by Order 2021-011 is hereby confirmed and closed. Section 3. The County Property Manager shall prepare deeds and associated closing documents for either County Administrator or County Property Manager signature in accordance with Exhibit "A." Dated this '7 of , 2021 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary do/—K-�- ANTHONY DEBONE, Chair PHIL CHANG, Vice Chair PATTI ADAIR, Commissioner ORDER No. 2021-058 SHERIFF'S RETURN 2021 COUNTY LAND SALE (Board Order 2021-011) I hereby certify that on August 25, 2021, I received the attached Board of County Commissioners Order No. 2021-011 authorizing the sale of real property described in Exhibit A of said Order. On August 31, 2021, 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: September 10, 2021; September 17, 2021; September 24, 2021, and October 1, 2021. On October 8, 2021 at 10:00 a.m., the sale was held at the Deschutes County Fairgrounds, 3800 SW Airport Way, Redmond, Oregon 97756. The total amount of all bids for the properties sold was $1,336,000.00. We received $347,400.00 in checks and cash due to Deschutes County Properties and Facilities. The remaining $988,600.00 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 $66.00 including the Certificate of Sale ($56.00) and notary fee ($10.00). There were eleven properties sold for a total of $726.00 in fees paid directly to the Sheriff's Office. Additionally, the fees for sheriff's office civil technicians and civil deputy for preparation, conducting and closing this sale were $1,194.79. 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 October 14, 2021, the affidavit of publication was recorded with the Deschutes County Clerk's I hereby make this return to the Board of County Commissioners. L. SHANE NELSON, Deschutes County Sheriff `Shef6ii a L. Baker, Civil Technician Date: October 18, 2021 Attachments Copy of Board Order No. 2021-011 Copy of Final Bid Sheet County Land Sale Financial Results Page 1 of 1 2021 County Land Sale 2021-011 Sheriff's Return REVIEWED -- M LEGAL COUNSEL Recorded in Deschutes County Steve Dennison, County Clerk CJ2021-349 Commissioners' ,journal 08/26/2021 1:48:41 PM q�+s,�1'fES CO�i�. II�II�I'II"I�'ll�ll'llll�l� �II 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 ;5 day of A , 2021 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: 4--, 4eL- Recording Secretary PAGE 2 of 2- ORDER No. 2021-011 ANTHONY DEBONE. Chair "1,& i _ -- /, /, PHIL CHANG, Vice Chair PATTI ADAIR, Commissioner W1,4,114 VAZIN 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 Taxiot 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 Taxiot 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. (BLKS 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 Taxiot 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 VenViIlIJc v1VIJ1 VII vVvlrilfhll iInIIr�uud.r. avcv anti r..iI I..i.a..l.C.t.i.n..n.0 rAInttmd to ... ......-.-- -- allowed uses and development. Parcel ID 2021-05 Assessor Account 116205 Assessor Market Value $75,500 Map and Taxlot 2010120014100 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 EXHIBIT "A" Parcel ID 2021-06 Assessor Account 116606 Assessor Market Value $75,500 Map and Taxlot 201013CO09300 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 201013C0l 0000 Acres 0,87 Zoning Rural Residential (RR10) Property Address 16905 UPLAND RD, BEND, OR 97707 Minimum Bid $35,000 Comments Unimproved property; legal lot of record. Located in Deschutes River Recreation I-InmocitAc Inr Ilnit Q Part 9 Plat Wildland fire fuel treatment required as a conditionofpurchase. 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 CountCommunity Development Page 3 of 6 EXHIBIT "A" Planning Division and Environmental Soils Division with inquires and questions related to allowed uses and development. Parcel ID 2021-09 Assessor Account 117115 Assessor Market Value $75,500 Map and Taxiot 201107C007700 Acres 0.48 Zoning Rural Residential (RR10) Property Address 17216 JACINTO RD, BEND, OR 97707 Minimum Bid $24,000 Comments 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. Parcel ID 2021-10 Assessor Account 114156 Assessor Market Value $75,630 Map and Taxlot 211035C002800 Acres A A/l I .u/- Zoning Rural Residential (RR10) Property Address 52525 RIVER PINE RD, LA PINE, OR 97739 Minimum Bid $55,000 Comments 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. Parcel ID 2021-11 Assessor Account 144183 Assessor Market Value $696,115 Map and Taxlot 220901A003100 Acres 1.40 Zoning Rural Residential (RR10) Property Address 14717 NORTH SUGAR PINE WAY, LA PINE, OR 97739 Minimum Bid $297,600 Comments 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 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 Taxiot 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 n ri_._ wn.nn /A Ir%r%k IN ...., ell ,.a•..1.....7 7n71nll fillor! ntl+ ronic�r7�innc Ch1111Iri ha hrnlln ht Bend, Oregon. Hner 12:00 p.m. kIVVVIV) on VCtobeI t , 21.0 1 all Illleu vuI�.ywuuuVnv vl lv.nl.w hrniinht 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 5of6 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: Civil Technician 275.120 Sheriff's notice of sale. (1) Upon receipt of a certified copy of the order referred to in ORS 275.110, the sheriff shall publish a notice of the sale of such property in a newspaper of general circulation, printed and published in the county where the land is situated, once each week for four consecutive weeks prior to such sale. Page 6 of 6 REVIEWED EXHIBIT "B" NOTE LEGAL COUNSEL PARTIES: Promisor: «BUYERFIRSTNAME» «BUYERMIDDLENAME» cBUYERLASTNAME» «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 Womisee's order, the purchase price, which consists of the principal sum of this note i�it percent (20%) previously paid to Promisee as a down payment, forthe real property:: commonly known as («SitusAddress») and legally described as: > «LegalDescription» ;F 2) in the principal sum of MmountFinanced» with interest on the unpaid 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 Principal and hiterest'shall be payable to Deschutes County Treasurer, Finance Department, PO Bo:;6005, Ben "',`Oregon 97708-6005, or such other place as Promisee may designate, in consecutive monthly ins"Iitallments of /100 DOLLARS ($ ), on Lne 15L Clay or e-84,0 rnot)ui r�eylnr�l!!g uCc�nluCl I, GVL I. OUGII1IIUIIU Ily installments shall continue ui,"tal;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 November 1, 2031. Promiseeacknowledges :receipt 'of a down payment in the amount of <(DownPayment)) 3) If any montflly nstal(rrrent under this_ Note is not paid when due and remains unpaid after a date specified by a notice 1o:0romisor', the entire principal amount outstanding and accrued interest thereon shall of once become due`and payable at the option of Promisee. The date specifi, ".4 shall not be less; Xl: an thirty' days (30) from the date such notice is mailed. Promisee may exercise this option to accelerate during any default by Promisor regardless of any prior forbearance-"."... 4) Promisor shall pay to Pro bmisee a late charge of five percent (5%) of any monthly installment not received y-Promisee within ten (10) days after the installment is due. Such late charge shall be paidor`demand and Promisee may add such late charge to the principal balance of the Note. 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, Desciates County Document Number with power of sale, of even date herewitl`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 ag(e s to pay the reasonable fee and expenses of such attorney even though no suitor:.action is instituted or no'sale of the property has been directed under the terms of the real estate Trust Deed securing thts'obligation. Such fees, expenses and costs may, at Prom .Isee's;op#ton, be added to the pnricpal balance of this Note. 10) Failure to exercise any option, shall not constitute a waiver of the ri default. Modification of the terms of pa thereof shall not impair such person's liable tiU_i. the - payiient 4....-....F.. 11) In the event that a issued on the premises ii and payable. efault,or accelerate ;fhe balance due hereon ise;:theaame in the event of any subsequent Note"made at the request of any person liable e liablty,of any other person now or hereafter a manufactured home placement permit is st Deed; this Note immediately becomes due 12) Promisor acknodledgep 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,t toxic, radioactive or other substances for which a property owner or operatq°r may be liable under state or federal environmental pollution or health and safety laws. 13) 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 fount{ 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, ADD: TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UND.ERORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, ORE;G. N' LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS2<:;TO 7, CHAPTER 8, OREGON LAWS 2010. PROMISOR: STATE OF OREGON ) ) ss. County of Deschutes } This instrument was signed before me on 2021, My Commission E� Notary Public for O Page 3 of 3 FORM No. Bill —TRUST DEED (Ac$lanment Raslrlcted). Be NO PART OF ANY STEVENS-NESS FORM MAYBE TRUST DEED - - Granivretlemeand�Adgreea Trudea'a.Nsmv and gddraa--------------------- senallclary'e Name and Address Alter recording, return to (Name and Address); -------------- ralSe6-20f4 STEVENS-NEaa LAWPUBUSiliNOCO,PORT Na,OR wrrvr s,weata6:_ ANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS. Exhibit B Trust Deed example (2 pages) SPACE RESERVED FOR RECORDER'S USE THISTRUST 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 pr'operty): together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in any way now or hereafter appertaining, and the rents. issues and profits thereof, and all fixtures now or hereafter attached to or used in con- nection with the property. FOR'1HE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the sum of ............ _ _ _ _ .....-. _ _ -._ .» bullars, with inhales[ thereon according to the [eons of a promissory note of even dale herewith, payable to beneficiary or order and made by grantor, ilia rinul payment of principal and interest, if not sooner paid, to be due and payublo on ________________ _ _ ______ _____ _ _____ The date of maturity of the debt secured by this instntlnenl is the date, stated above, on which the final installment of the note becomes due and payable. Should the gnuuur abbe( agree to, tmeinpi Ili, or actually sell, coVoyt ur assign al (Or uny pan) of thepftlpcny; ill tilt tin any parll of grnaur i; interest In it wilhoul first obtaining lire wrilicu ainkent'n apprnwJ of ilia Iwoeficinry, then, tit the hcrtc(icitiry''slipllon*, all i Kroniuns'xeem¢d by Ibis inNinnncai, itspecti rc a1'tbd nCdu- rhy dines cxprcxrcdlliurcin, or herein. xhall.hoconfc inunedbitcly due and payable, The. execution by pnmlor of oil canniest Runwy agrcenm le"" does not .i+q+liiute u sole, conveyance or assignment. To protect the security of (his trust deed, grantor u4mes: 1. To protect, preserve and malmuin ilia property in good condition and repair; not to remove or demolish any building or improvement thereon; and not to commit or PPermit any waste of the property. 2. To complete or restore promptly and in good and habimble condition any building or improvement which may be eorsuucted, damaged or destroyed there- on, and pay when due oil ern[" incurred -Iliac for. 3. To comply with till lows,ordrtaulcs.4, rcgulatluns, teveounls,conditions.und resirictioas offdol{Ng thu prupmly; if Utc bL'fienUWY so requests,roloinillMC- cuting such financing.suln-1llenl6 pursuant in the Lruiforul Commcrciul Code as the beneficiary may remote, fall to p: y I'or 11ding Ih� _lilt In the pn+per jtubli. yffice or offices, as well as the cost of oil lien searches made by filing officers m' sea?ching ngencI6 as may lx Jcemcd desmlble by the beucl Ichu'p. 4. To provide and continuously mo{main insurance on the buildings now or hereafter erected oil the property nguinst luss Ordamatte. by Ilia and, {abet hoz- ;OJs, as the lit llefiviury uiuy.htnil Ilmc.to dale requite, In till onrounl nut lcs< than $-------------------------- _ __ . _ ... .. _... written by one Or more coniiunius w:mpluhle ill the hcnulieiary, wills losA puyuble to 1110 Inne(. All rnlld of inrum is Shull be delivered ur tine henefielor) its soul as issued, If the-pruntor $hail Inii (br rmy'rqunon ur procure uny uch Insurance unit to dcliyvr the policics m the henclu-r ry tit least fliiCcn days prior imihc CApiiptiutl of any policy of bPuir- utrcc now or hcmaffar ldated on ilia buildings, die hmneficiary may procure tilt' eulnc tit praetor Ncsprlise,'i'Im a human collected mulor;my rare orollior itn trance pul- icy may hie applied by l+cnurrt:iuiv ujwn ully hldahlcJlmss seaiuud barcti�' and if) such orderits beuerrciary may dc(cnnine. or at 11111 n ofbcueficiury lire ouiw: inuuul w oallecied, or any part themoG maay be rcloused io.gnuitnr, Such ppitculion ar relcAm shall not cure or wilivc any default or notice ill' delln111 hereund f of iuyuib date ;,a)- nettdollo pdrnuunl In such 1160&l. , 5, To kaep Ilia propally trt oTri fit constittclion licirs ilia in pa all (roses; Woossun.ing. and olhar clunpcN that. ma) -.tic Icsicd Orasscatcd talon rt - ainst file Pro)x'rly I>I%ft re tin)' part of such 1.rArs; rt,\\vnnrn. al:;.uml niher clqugar, luporn past title or dclrrcjm,nl and pfxnnpdy dolnrt 1 ceipt\ diugfur t r huaficLrry' Shriulli f o; grantor fill) to mukc payment of any luxt.e.:ut,ussmt.tns. hlsurmwe premhuns. liens or other charge: p,;y 1blc. by 4tdntur, cnhtir by Jirecl 1>q'manl tit by providing Itcnoficlnly With funds, with whlclt it) natkd such pnyDlctrl, beoutto!;, may, at Its oplion, make IIloy'rncur Ilicreof. avid tire, amount , o p;ud, widiltacrost of tire. one sat. I'urlh ill Ilse nett, sccumd hereby, fogclher with Iht;Gbiigulit u, lescrlbeJ In jwmumphn h and 7of till ill duce, still be added to and become a part o1, fhb debt -\'e'tlN:d }ty' IMF InIFI Jcad, 1y11i1ir111 N':11\tit-OI .inn)' rights. inlryng 1'ro ii breach of •Jay' or fhc.(xweNnms hercof For such p;iynle'lls. With 1111efest as rflml.md, die prop• eriy hercinbefnrc duscrihtd,ns well ns the, kmntor,-shall he Iran to tilesanta extent Ihat file vare hound hit Ilu Puynunt of the obligation herein d embed. All such payments xludf he itinntediuely da un (paiYnlslc Wllhout nolize, and the. inulpay'ilncin thervor shall, ul Ibcopthm Or fill' bellofciln'y, railer all Films'ceine'd by this Inrst deed imnnedfalcly dui slid pnyuble unJ shall cunt Utniu :rt rmtch ill tills trust deed. fr, ''I'n pay all cps(n. fccg nod-expimses of tlnF 11s1. iucludmg tiro Cost of title sonrch. uswellus the ocher costs and "Pan es of file trlmrec Incurred intnnn -ncciiuit svidt or m enl'ori;iag Ibis ublignbnn. and. inisl O In attorney fees actually )lion C . 7:-Tn appear in tin defend oily ucliun orpru ceding purp9l6ne- lunffcl fill,secuiin nghta yr powensofb.actrfury.or trustee: had in toy Suit action orPm- ecelllgg 111 \VIIICh Ilre' haaefle'taw Gr Innatcc tonyy-uppcpr, including any :nit for the Inroclosmc of ihis.dded or any slid or action related Ill this nislrum tot, including :brit uirt iimitiJ It' ilr: vuliJity aiulAireni'nncubility,In dl costs unll axpcuyci uichuli ng;ewdt eccldliltc and the bent Iiclaly's it uuslcc h uturmcy IuuF.'flrc umuutnl of utlorncy: fccs: mmmii0lied It this par vall, I tnnll cuscx shall he fixed liy thc.ttial court, and in cite uvent01 .fit oppc,d Rhin any Judgment Or decree of the tritil vour . - grantor fuDltcr nSrccs:w pay inch su(n as the upp.11aI -,:ours 'ball IlJludge feA\(nuflIC a% Utc hCtivAciary's or Imo-lcc's pllorrcjiIos.1.11 $Oath oppcul. It isnmuudly ugired that: R.: Invhe mat that uny portion mull orthc pmpr,.ny shall he takon undcribe right of eminent do nrtin or coati[ ntpminn, li ncfirl,uy shull,hnvc the right- it it cn clec4v, In require than fill fir uny portion fir um nnnucs pnyglde us eomponslnlnf for such iokiuf�• which arc in a%tit ,ill' Ihe.;mfunnl ovInired lie pay an seasonable costs• ezlIloos eunit utlrrndy rack nccassutnly paid hit inourreil by, grunter ill ;alelfppiceeahngy; rattail he paid io bene0cimy end applied by' tllii�st ulru t uny ninsunphle cosu art exitefiscs and allumay lccs, both ill.lhe trial and appellate ruuity. noccssnrily paid ur incurred by hencftelor in uch Prix ;- rcu and tine h butill applied upon die hiJclncdnass Fceured herchy, Grantor agrcei, of iK i+wn exivusL. 10 Iilke.[evil aelibns-laid exccuie Well linaninwit, as shill be neccys,u y ui iibtuining sucK uomponsmleil promptly upon berlcricilly's'roquust. (CONTINUED) NOTE: ihemml Deed Act pmvldes that the Iruelee hereunder must he attliet fin e1101610y who is on Act. member of ilia Oregon stone Be,, a bank, trust company or saving$ and loan As$ocfallen 'authorized to db beviness under the laws OI, OIC00n Of the Unflod S141", a.nlla, O.,Prce Compuny:..Rm,icod to insure title to teal property of IRIS slate, Its subsidiaries. AlliliAlnY; ilgDnis Or brAlithas, N. United Status or nnY agancr. Ihetoof, pr an escrow oaenl Beensod vndor Opg 6,96.50510 596.se5. WARNING: IY use trot{ -a regulate$ and may prohibit user. w of this Xfon. "The pohlI:JTauggesle1hSt suoh An agraomoht.0(00 s 1w issue of aptaining beneficiary's consent in complete doted. Exhibit B Trust Deed example (2 pages) ,r , in maul of its fires and oewnillioa of this dccd and iheitnte for widorscr t I Aruny' lini'r, imil from liiite h+ linfrut>uu wti[tuio requesfoihanalii;iuiy, I y I +oral (ill crblc eel. fill gn:unveyanccs, 6a Cln,Lcllulion), without all ccliug ihr lnibilily. of ally person. fur the pnym'm of the indchiceh gs_<, lm%lce may pp e6alscnl Ile the. mAllig elf any clap or pka of the Vroparly: It,) join in gunning ally CoNornont 01 emabig d any' resiriclion mrcnp: (c),join in ally auhardinutiun ter Oleo ogrecineal ullocting this deed in Ufa lion or -charge 1h r o I. or (tlj leconvey, without wan:mty, all or ally pore of the property. llF �grurtcc in imy reconvcygncc nary b Srscrihad up the" twtpon or p •rsgne• logally cnh1I'll 11woaa." need the tcGtulA it] Vic; orally maven or foals,ludl he cimdustce re tell of the h'ulhful,ev,, the -- of. Trwice lees for oily of the nuvrera mmdinned be this pmiignojoh shall iw.nui Icss thanSS. Ill. Uppn Ally. dufaglI by gnunnr hereunder; beneficiaryy may. at anytinic without notice: either in person, bygone, or by a rcce1wr I. be uppoinird byre cuun; told w•llhoul repar I lo_the. udaqultpy id•un) secunly lbl-the late 0ilcdnesstremhy.sccpred, enter upon end hake ptissusNion iftheproperly or any part Ilirccl', in its awn iiaunc sue in, odur�e(xe epnect the' miles, issues told je uvlii5jitcludiug those past-duu it unpaid. and apply the sonic, loss cosis.urfll oxpcnscsorillwalion tendculloa tun, including reasnnuhia:mrnrnay fees, uptin any ndebtrdness� secured hcrchy, and in ranch order as beneficiary may determine. 11, Tho o honing upon and taking pussasslun of Iha. jtiupeny. [he udtoetlort of -doll le lls issuas wul prolits, or (h%.piucetxts elf fire and other insnranor; poll. tics or compM.wflun.ur awards fur any hiking or dnhiagc (A`dic property, and the applUaiull or ocleuse ihemoros:uruu.suid, shall not cure, or wane ar1,v default of notice nfdefaulthumunder, or invalidate any act done pursuant to sneh hnlice., 12, Upon default by grantor in payment orally Indebtedness secured hereby or lit grantor's performance orally agreement hereunder, time being or the ossence with respect to such payment and/or performance, the beneficiary may declare roll sums secured hereby immediately due and payable. In such event, the beneficiary stay elcel to proceed to foreclose this trust decd 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 eight or romedy, either at law or in equity, which the beneficiary may have. In the event the beneficiary elects to foreclosc by advertise. ment and site. the beneficiary or lire 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 low and proceed to foreclose this trust deed In the nianncr provided in ORS 86.752 to 86.815, 13. After the trustee has commenced foreclosure by advertisement and sale, and at any time �rior to 5 days before tho date the tmstee conducts tho sale, the grantor or any other person so privileged by ORS 86.778 may cure the default or defaults, If the do(noil consists of a failure to pay, when due, sums secured by the bust deed, the default may be cured bypaying the entire amount duc 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 bang cured may be cured by tendering the performance required under [he 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 incun'ed in enforcing the obligation of the trust deed, logerher with trustee and anornay fees not oxcecding the amounts provided by law. 14, Otherwise, the sale shall be held on the date and at the time and place designated in the notice of sale or the time to which Ilia sale may be postponed us provided by law. The trustee may Nell the property either in ono parcel or in separate parcels and shall sell the polcei or parcels at auction to the highest bidder for cash, payable al the time of sale. Trusice shall deliver to the purchaser its deed In form as required by law conveying the properly No sold, but without any cuvenanl or wevanty, express or Implied. The recitals In the deed of any matters of fact shrill be conclusive proof of the truthfulness thereof. Any person, excluding the trustee, but including Elie giontor and beneficiary, may purchase at the sule. 15. When toustcc selk pursuant to the powers provided herein, tmstee shall gily the proceeds of solo to payment of: (1) the expenses of auto, including the compensation of the trustee and a reasonable charge by trustee's attorney; (2) to the obligation secured by the trust dccd; (3) to all persons having recorded liens sub- sequent to the interest of the trustee in the trust 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 u successor or successors to any trustee named herein or to any successor trustee appointed hereunder. Upon such uppoimmenl, and without conveyance to the successor trustee, the latter shall be vested with all title, powers and duties conferred upon any Imsice herein numed or appointed hereunder. Each such appointment and substitution shall be made by written Snslmment executed by beneficiary, which, whcn recorded in the mortgage records of the county or counties in which the properly is situated, shall be. conclusive proof of proper appointment of the successor (rash o. 17, Trustee accepts this trust whcn this dccd, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending Nuie under any other dccd oflmsl or orally action or proceeding in which grantor, beneficiary or tmstee shall be a party unless such action or proceeding is brought by trus(ce. The grantor covenants to and agrees with the beneficiary and (he beneficiary's successors in intcrest Iha[ the grantor is lawfully seized in fee simple of the real property and bus a valid. unencumbered title thereto, cxcepi us may be sal forth in any uddendum or exhibit attached hureto, and [hat the grantor will warrant and forever defend die some against all persons whomsoever, WARNING: Unless grantor provides beneficiary will) 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 of any ,Y,ai;datGry ble law. The grantor warrants that the proceeds of The loan rcpwseolcd by the above described note and this trust deed are (choose one):'+ (a) primarily for grantor's personal, family or household purposes (sce Important Notice below), (b) for an organization, or (ovate if grantor is a natural person) ore for business or commercial purposes. This deed applies te, Inures to the beneFit of, and binds all parties hereto, (heir heirs, lcgotces, devisees, administrators, executors, personal repiesentalives, successors and assigns. The term beneficiary shall mean the holder and owner. including pledgee, of the contract seaumd hereby, whether or nor numed as a benefi- ciary herein. In construing this instrument, where Ibc context so requires, the singular includes the plural. and all grammilticnl changes shall be made so ilmt this instru- ment shall apply equally to businesses, other citifies 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. It warranty (a) is applicable and the beneticlary Is --- -------- ---------------- a creditor as such word is defined In the Truth -In -Lending Act and Regulation Z, the beneficiary MUST comply with the Act and -----------••----------------------------- -- Regulation by making required disclosures. If compliance with the Act Is not required, disregard this notice. _......._...... --------------------------------------------- STATE OF OREGON, County of __.---.------_----.------------------_) ss. This record was acknowledged before me on ------------------------ _.._.... _.... _... _ _..........._.... by------------------------------------------------------------_..-----------.._._._.................. 'this record was acknowledged before me on by------------------ as_.. --------------- ------ of..._...._...-. —_ —------------- - - .._.. .-----.-.._..-_.. ............... .--._.._..---- Notary Public for Oregon My commission expires ------------------_- REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been pa TO: ------------------------------------------------------- Trustee The undersigned is the legal owner and holder of all indeblcdnoss secured by the foregoing trust decd, All sums secured by the oust decd have been fully paid and satisfied, You hemby am directed, on payment to you or tiny sums owing. to you under Ilia terms of the trust dccd or pursuant to statute, to cancel all evidences of indebtedness secured by the trust deed (which arc delivered to you herewith together with the trust deed) and to reconvey, without wurmnty, to the parties desig- nated by the terms of the trust decd, the estate now held by you under the sumo. Mail Ilia reco iveyance 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. Benaficiary, AES CO 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 Sheriff's 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 2021 Deschutes County Surplus Property Auction k .2 A ej ec Spotter's initials or name PARCEL ID HIGH BID TBIDDEER NUMBER 2021-01 REMOVED 'REMOVED 2021-02 2021-03 -741 2021-04 �-,, o00 wog 2021-05 $Z,000 rye 2021-06 -7 oo� �-Zo 2021-07 �do�o S-� 2021-08 L_ 1 2�, ado 3-19 2021-09 2021-10 +c�go�� s,� 2021-11 2021-12 3, After all properties have had an opening, the auctioneer will go back and re -offer those without a bid. Leave the ne bids, or write "NO BID 2x" -3 Friday, October 8, 2021 Surplus Property Public AuctionPage 1 of 1 W V L 0 0 0 0 0 t6 lD lD _O t6 u tJ Y O 0 tLJ o o o o o o o �D tD t0 m �D tD tD Y. LL N ih Vl VT VY VS 1/} V}. N w O x u 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OO 4N 0OoOON 00 E C Ol N Ot tD Ol lD N O 00 L N N -"0 N NN N N N N N �� OJ N O O O O O O 0 O O O awn m o 0 0 o O o 0 0 0 0 v � d . u r Y r y d r r Y r r r r r u «_ � a Y Ol L N Y u u L >u c 3 o 0 0 0 � 0 0 O im u yr .n 0 0 0 0 0 0 0 0 O o 0 .a O O o o o O O 0 0 mCaoro w00m 0 oO d: Y a W N m m N M M m lu E.. F N _ C tl0 L qi d'p c v � c s E L W N C G K N f J Y u Y a+ O 0) N OW oll L O 0 O O O O 0 0 0 0 O O O o O 0 O 0 O 0 O 0 O 0 0 O 0 0 0 O 0 p Cl ILL o 0 0 v^i 0 0 0 0 v o O d O o �c m w x co y 4l �-1 O N O M O O O N O l0 O 1� O 00 O O1 O O N '1 N N rl rl •i 'i ei ei ei N N N N N N N N N N N N H T ES C°BOARD OF COMMISSIONERS MEETING DATE: Wednesday, October 27, 2021 SUBJECT: Consideration of Board Signature of Order No. 2021-058, Approving and Confirming the Sale of Certain Real Property Acquired by Deschutes County RECOMMENDED MOTION: Move Board Signature of Order No. 2021-058 BACKGROUND AND POLICY IMPLICATIONS: On August 25, 2021, The Board of County Commissioners signed Order 2021-011, ordering the sale of certain County property acquired through tax foreclosure proceedings. On October 8, 2021, the Deschutes County Sheriff, in collaboration with Deschutes County Property Management, 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 the County Administrator or County Property Manager signature in accordance with the Sheriff's return. BUDGET IMPACTS: The gross proceeds of the auction were $1,336,000.00: $347,000.00 was received at time of sale and $988,600.00 financed, per the Sheriff's Return. Oregon Revised Statute provides for the County to reimburse itself for the maintenance and supervision of tax -foreclosed properties from the sales proceeds of tax foreclosed properties and the remaining funds will be distributed to applicable taxing districts at fiscal yearend. ATTENDANCE: Kristie Bollinger, Property Manager