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2022-311-Order No. 2022-040 Recorded 8/31/2022Recorded in Deschutes County REVIEWED Steve Dennison, County Clerk C"J2�22-311 commissioners' ,journal 08/31 /2022 9:27:31 AM LEGA COUNSEL �` F S CMG Q� 2022-311 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. 2022-040 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, and other fees as applicable. 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 7, 2022, 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. 2022-040 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 7, 2022 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 2qday of Aa ej w s 2022 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PA TI ADAIR, Chair i Al _ ANTHONY DEBONE, Vice Chair PHIL CHANG, Cordniissioner PAGE 2 OF 2- ORDER No. 2022-040 EXHIBIT "A" NOTICE OF SALE By virtue of Order No. 2022-040 adopted by the Board of County Commissioners of Deschutes County, Oregon, on August 24, 2022, authorizing the sale of real property under ORS 271.310 and 275.110, notice is hereby given that, on October 7, 2022, 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 Assessor Account Assessor Market Value Map and Taxlot Acres Zoning Property Address Minimum Bid Comments 2022-01 123038 $50,720 151315BA05200 0.55 MULW (MIXED USE LIVE/WORK - REDMOND UGB) NO SITUS ADDRESS, Redmond, OR 97756 $86,240 Unimproved property; legal lot of record. Located in Casper Mobile Acres Plat. Contact the City of Redmond's Community Development Planning Division with inquires and questions related to allowed uses and development. Parcel ID 2022-02 Assessor Account 123037 Assessor Market Value $50,720 Map and Taxlot 151315BA05300 Acres 0.52 Zoning MULW (MIXED USE LIVE/WORK - REDMOND UGB) Property Address No SITUS ADDRESS, Redmond, OR 97756 Minimum Bid $72,480 Comments Unimproved property; legal lot of record. Located in Casper Mobile Acres Plat. Contact the City of Redmond's Community Development Planning Division with inquires and questions related to allowed uses and development. Parcel ID 2022-03 Assessor Account 123098 Assessor Market Value $95,120 Map and Taxlot 151315BA11400 Acres 0.37 Zoning MULW (MIXED USE LIVE/WORK - REDMOND UGB) Property Address No SITUS ADDRESS, Redmond, OR 97756 Minimum Bid $41,920 Comments Unimproved property; legal lot of record. Located in Casper Mobile Acres Plat. Contact the City of Redmond's Community Development Planning Division with inquires and questions related to allowed uses and development. Parcel ID 2022-04 Assessor Account 123097 Assessor Market Value $149,000 Map and Taxlot 151315BAl 1500 Page 1 of 7 EXHIBIT "A" Acres 0.55 Zoning MULW (MIXED USE LIVE/WORK - REDMOND UGB) Property Address No SITUS ADDRESS, Redmond, OR 97756 Minimum Bid $62,320 Comments Unimproved property; legal lot of record status unknown. Legal access unknown. Located adjacent to Casper Mobile Acres Plat. Contact the City of Redmond's Community Development Planning Division with inquires and questions related to allowed uses and development. Parcel ID 2022-05 Assessor Account 108432 Assessor Market Value $13,180 Map and Taxlot 1914250000600 Acres 10.00 Zoning EFUHR —Exclusive Farm Use —Horse Ridge Subzone, LM, SGHA- LOW, SMIA, WA Property Address 57890 FORT ROCK RD, Bend, OR 97701 Minimum Bid $19,520 Comments Unimproved property. Legal lot of record status unknown. Wildland fire fuel treatment required as a condition of purchase. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquiries and questions related to allowed uses and development. Parcel ID 2022-06 Assessor Account 115509 Assessor Market Value $75,500 Map and Taxlot 201012ABO2200 Acres 0.56 Zoning Rural Residential (RR10), AS, LM, WA Property Address 17077 AZUSA RD, Bend, OR 97707 Minimum Bid $66,400 Comments Unimproved property; legal lot of record. Located in the Deschutes River Recreation Homesites Inc. (BLKS 18-25) Plat. Majority of property located in high ground water area -development may not be permitted due to restriction on installing an onsite sanitary sewer system. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquires and questions related to uses and development. Parcel ID 2022-07 Assessor Account 115548 Assessor Market Value $75,500 Map and Taxlot 201012ABO3900 Acres 0.57 Zoning Rural Residential (RR10), AS, LM, WA Property Address 17075 BAKERSFIELD RD, Bend, OR 97707 Minimum Bid $66,400 Comments Unimproved property; legal lot of record. Located in the Deschutes River Recreation Homesites Inc. (BLKS 18-25) Plat. Property located in high ground water area -development may not be permitted due to Page 2 of 7 EXHIBIT "A" restriction on installing an onsite sanitary sewer system. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquires and questions related to uses and development. Parcel ID 2022-08 Assessor Account 115599 Assessor Market Value $75,500 Map and Taxlot 201012AD01400 Acres 0.57 Zoning Rural Residential (RR10), AS, WA Property Address 17113 COVINA RD, Bend, OR 97707 Minimum Bid $66,400 Comments Unimproved property; legal lot of record. Located in the Deschutes River Recreation Homesites Inc. (BLKS 18-25) Plat. Property located in high ground water area -development may not be permitted due to restriction on installing an onsite sanitary sewer system. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquires and questions related to uses and development. Parcel ID 2022-09 Assessor Account 115851 Assessor Market Value $75,500 Map and Taxlot 201012C003700 Acres 0.49 Zoning Rural Residential (RR10), AS, WA Property Address 16936 FONTANA RD, Bend, OR 97707 Minimum BEd $66,400 Comments Unimproved property; legal lot of record. Located in the Deschutes River Recreation Homesites Inc. Unit 4 Plat. Property located in high ground water area -development may not be permitted due to restriction on installing an onsite sanitary sewer system. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquires and questions related to uses and development. Parcel ID 2022-10 Assessor Account, 115918 Assessor Market Value $75,500 Map and Taxlot 201012C011100 Acres 0.48 Zoning Rural Residential (RR10), AS, WA Property Address NO SITUS ADDRESS, Bend, OR 97707 Minimum Bid $66,400 Comments Unimproved property; legal lot of record. Located in Deschutes River Recreation Homesites Inc. Unit 5 Plat. Wildland fire fuel treatment required as a condition of purchase. Property located in high ground water area -development may not be permitted due to restriction on installing an onsite sanitary sewer system. Contact Deschutes County Community Development Planning Division and Page 3 of 7 EXHIBIT "A" Environmental Soils Division with inquires and questions related to uses and development. Parcel ID 2022-11 Assessor Account 116121 Assessor Market Value $94,500 Map and Taxlot 201012D006000 Acres 0.72 Zoning Rural Residential (RR10), AS, WA Property Address 56545 SOLAR DR, Bend, OR 97707 Minimum Bid $120,000 Comments Unimproved property; legal lot of record; Located in the Deschutes River Recreation Homesites Inc. Unit 4 Plat. High ground water area -development may not be permitted due to restriction on installing an onsite sanitary sewer system. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquires and questions related to uses and development. Parcel ID 2022-12 Assessor Account 138687 Assessor Market Value $13,290 Map and Taxlot 21100lA000100 Acres 0.97 Zoning Rural Residential (RR10), WA Property Address 54754 POWELL LN, Bend, OR 97707 Minimum Bid $59,440 Comments Unimproved property; legal lot of record. Located in the Deschutes River Recreation Homesites Inc. Unit 8 Part III Plat. Wildland fire fuel treatment required as a condition of purchase. Property located in high ground water area -development may not be permitted due to restriction on installing an onsite sanitary sewer system. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquires and questions related to uses and development. Parcel ID 2022-13 Assessor Account 126609 Assessor Market Value $12,920 Map and Taxlot 211003A008800 Acres 0.32 Zoning Rural Residential (RR10), LM, WA Property Address NO SITUS ADDRESS, Bend, OR 97701 Minimum Bid $32,160 Comments Unimproved property; legal lot of record. Located in the Deschutes River Recreation Homesites Inc. Unit 6 Park II Plat. Wildland fire fuel treatment required as a condition of purchase. Property located in high ground water area -development may not be permitted due to restriction on installing an onsite sanitary sewer system. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquires and questions related to uses and development. Page 4 of 7 EXHIBIT "A" Parcel ID 2022-14 Assessor Account 127297 Assessor Market Value $48,290 Map and Taxlot 211026B001200 Acres 1.05 Zoning Rural Residential (RR10), WA Property Address NO SITUS ADDRESS, La Pine, 97739 Minimum Bid $70,400 Comments Unimproved property; legal lot of record. Located in the Lazy River South Second Addition Plat. Wildland fire fuel treatment required as a condition of purchase. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquires and questions related to uses and development. Parcel ID 2022-15 Assessor Account 140736 Assessor Market Value $119,020 Map and Taxlot 211032AO03500 Acres 1.23 Zoning Rural Residential (RR10), WA Property Address 52727 RAINBOW DR, La Pine, OR 97739 Minimum Bid $87,440 Comments Manufactured home. Legal lot of record. Located in the Forest View Plat. Wildland fire fuel treatment required as a condition of purchase. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquires and questions related to uses and development. Parcel ID ''022- 16 Assessor Account 140735 Assessor Market Value $32,910 Map and Taxlot 211032AO03600 Acres 1.05 Zoning Rural Residential (RR10), WA Property Address 52745 RAINBOW DR, LA Pine, OR 97739 Minimum Bid $76,000 Comments Unimproved property; legal lot of record. Located in the Forest View Plat. Wildland fire fuel treatment required as a condition of purchase. Contact Deschutes County Community Development Planning Division and Environmental Soils Division with inquires and questions related to 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 to be available at www.deschutes.org. Registration shall be submitted by one of the following options: a) Email to Kristie.Bollinger@deschutescounty.gov 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 Monday, October 3, 2022 through Thursday, October 6, 2022, 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 Thursday, October 6, 2022, 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 Page 5 of 7 EXHIBIT "A" 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, able to obtain title insurance, 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 Six and One Half Percent (6.50%) —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 September 30, 2022. 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. on auction day. 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 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, d) AND/OR TITLE INSURANCE MAY NOT BE OBTAINABLE. 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. Page 6 of 7 EXHIBIT "A" 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 0 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 7 of 7 REVIEWED EXHIBIT "B" NOTE LEGAL COUNSEL PARTIES: Promisor: cBUYERFIRSTNAME>> «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: «Legal Description)) 2) in the principal sum of «AmountFinanced» with interest on the unpaid principal balance from the designated closing date or the date of closing, until paid, at the rate of Six and One Half Percent (6.50%) per annum. Principal and interest shall be payable to Deschutes County Treasurer, Finance Department, PO Box 6005, Bend, Oregon 97708-6005, or such other place as Promisee may designate, in consecutive monthly installments of /100 DOLLARS ($ ), on the 1 st day of each month beginning December 1, 2022. Such monthly installments shall continue until the entire indebtedness evidenced by this Note is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on November 1, 2031. Promisee acknowledges receipt of a down payment in the amount of «Down Payment)). 3) If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a notice to Promisor, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of Promisee. The date specified shall not be less than thirty days (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 Promisee a late charge of five percent (5%) of any monthly installment not received by Promisee within ten (10) days after the installment is due. Such late charge shall be paid on demand and Promisee may add such late charge to the principal balance of the Note. 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 EXHIBIT "B" 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 agrees to pay the reasonable fee and expenses of such attorney even though no suit or action is instituted or no sale of the property has been directed under the terms of the real estate Trust Deed securing this obligation. Such fees, expenses and costs may, at Promisee's option, be added to the principal balance of this Note. 10) Failure to exercise any option to declare default or accelerate the balance due hereon shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. Modification of the terms of payment of this Note made at the request of any person liable thereof shall not impair such person's liability or the liability of any other person now or hereafter liable for the payment hereof. 111 In the event that a building permit or a manufactured home placement permit is issued on the premises identified in the Trust Deed, this Note immediately becomes due and payable. 12) Promisor acknowledges that based upon Promisor's own inspection and investigation, Promisor is satisfied that the premises identified in the Trust Deed do not now contain any amounts of hazardous, toxic, radioactive or other substances for which a property owner or operator may be liable under state or federal environmental pollution or health and safety laws. 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 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. .106 �. Date: STATE OF OREGON ) ) ss. County of Deschutes ) This instrument was signed before me on 12022, My Commission Expires: Notary Public for Oregon Page 3 of 3 FORM No, 081-TRUST DEED (Assignment Restricted). 01988.2014 STEVENS44ESS LAW PUBLISHING DO. PORTLAND, OR mrwarevenmessmas RC NO PART OF ANY STEVENS-NESS FORM MAYBE REPRODUCED IN ANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS. TRUST DEED ------------- -- ----- -- ---- — GrurllePa Nameand Address _.. .. ._.. _.._____..________________-_____-____-___ Trustee's Nam. and Address ------ ------------------------- Beneficiary's Name and Address After recording, return. to (Name and Address): ------------ ------------- 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, hereditaments and appurtenances and all other rights thereunto belonging or in any way now or hereafter appertaining, and the rents, issues and profits thereof, and all fixtures now or hereafter attached to or used in con- nection with the property. FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the sum of, -- ---- ------- -- ------ - -------------. Dollars, with interest thereon according to the terms of a promissory note of even date herewith, payable to beneficiary or order and made by grantor, the final payment of principal and interest, if not sooner paid, to be due and payable on ------------------------------------------------- The dale of maturity of the debt secured by this instrument is the date, stated above, on which the final installment of the note becomes due and payable. Shmdd the grantor either agree to, attempt to, or actually sell, Convey. Or as ign all (ol• any part) of the pnmpcny. or till tar any, part`) of gralltor-tn inlerc t It It without First obtaining the written consent or approval of ille heauficiary, then, uL the bcneficiurv's option*, all obligations secured by Ibis instrument, irrespective of the nrntti- rily dates expressed therein, or hernia. shutl hvcunie inunediarely due and payable. The execution by gnmlor of an carlll'st tuoncy agreement ' does ant constitute it sale, conveyance or assignment. To protect the security of this trust deed, grantor agrees: 1, To protect, preserve and maintain the 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 properly. 2. To complete or restore promptly and in good and habitable condition any building or improvement which maybe constructed, damaged or destroyed there- on, and pay n'hcn due all cnsls incurred IhcreRlr. ITo comply with all laws, ordinances, regalurions; eavenanis, conditions and restrictions affecting the p« iperly; if the beneficiary so requests, to,join in exc- cuting such finoncior. stluernents pursouni to the Unlfanr}• na n Commercial Code as the benelicimry require, anal In pay for tiling file name In the proper public office or offices, as well as the cost of all lien searches made by filing officers or searching ageticie% as may he decmad desiriblc by tilt luriviiciary- 4. To provide and continuously maintain insutance on the buildings now or hereafter erected on Ilse property Bcuinst loss or dunnage by fire and other haz- ards, ss [tic bellelicimy miry front I1111e In lime require, ill kill amount not less than 5— ---- — ------- __-_____ __-__ _ _ ___ _ _ vvriticn 6v one or more compunies acceptable to Ore beneficiary. vvith loge payable it, file Jailer. All policies of insurance shrill be delivered to the beneficiary tic soon as issued, If the grantor shall Jail for any reason to procure any such insurance and to deliver the policies in tits henelician' ni least fifteen days prior to the expiration of any policy of itlsttr- ivace IioW' ar here:diet plaecd oil file huihliugs, the beneficiary may procurc the same utgrcnlor's cxpenxc.'I'he annonl collected under any fire or oilicrlmaum cc put - icy may to applied by' berlcficialy troll Lily hidebleducss securer) lsercby and ill such order its bcuefici;uy nuty deterlilhne, ur al option of honefician' the entire aniomn so collected, or any part thereof, may be released to grantor, Such appiiwtion or release shall not care or widve any default or notice of chianti hereunder or invail- dale tiny act done pur;auant lu such notice. $. To keep the property free from constmctioii liens and to payy all tuxes_ muessmenis old other spurges that cony be tevicd or assessed upon or against file ux pioprriy before tiny part of mcb tesc ussessmeats and other dnrges hecomcs past duc or delinquent nml plonrplly deliver receipt% Ihcrefor run beneficiary. Shuuld the grantor Gill to make paymcilt of ;illy Loxes, asscssnlunln, insurance premiums, liens or other charges paynblc by grantor, cidwr by direct Iraynnont of by providing beneffcinry with funds with which to make such pavment. bell. iciary may, :it it-, option, make payment fhcrcoG and file amount so paid, with interest at the rate set forth in rile note secured hereby, together with the ob ligulions described In paragraphs h :red 7 of this LiuM deed, .hall be addol its and become a ):mat of the dehl secured by this trust deed, vyithout w'aivcr of any tiglIV arising front breach of any of the covenants hereof. For such payhtents, with interest as aforesaid, the prop cat}' hcrcinbcforc dexerihect, uswclt us the grantor, sh;dl he bollmt to the same extent that they arc bound for the paynrvot of the obligation herein described. All such payments shall he immediately due and payallie witlnrut notice, and the nonpayment therrnf shall, at the option ofthe bcncliciuL•y, render all sums secured by Ibis trust deed immcdiatcly due and payable and shall comdilulc it bfetLeb al'this trust deed. h, To pay all cost} fees uud expenses of this Inist, including din cost of title search. as well as file other costs and cxpolses of the trustee incurred in con- licefion with or ill enforcing this obligation. and ITLISICC and attorney fees uclually inCUITetl. 7, TG appear in and defend any action or proceeding purporting to atfeel The security rights or powers or bcnc6ciaq or trustee; and in any suit, action orpro- ceadillg in which the beneficiary nr trustee may appear, including ;my suit liar fire foreclostn'e of this deed or any stria or action reined to Ibis imslmasent, Innluding hill mat limileii Na its validily allillol° crtl'urcauhitity, topuy all casts:red expense€, including evidence of title and the benellciar vas or Unstee's attorney lees. Tile amount of uttomcy fees mentimted ill this paragraph in nil cases shalt be fixed by the trial court. and in the event of an appind from any judgment or decree of ilia trial court. grantor further agrccs to pay' much sure Il5 the appicllnle court shall ad.luage reasomil Ile as doe hcrieliciary's or insace`s aftorcy fees au such appeal. It is mutually agreed Ihal: R: In the event that any, portion or all of the properly shall he lakcu under lie right of eminent domain cr ctindeninutiun, benefniary shall have the right. if it sn c1aYs, In requite that all nr any portion rf the monies payublc its compeamufion for weh lakkhlg which rise in excess of the ummum rvelublaf to pay all reasonable coKB ex oases and attorney fees ncce'suril-v paid or incurred by grantor In such proceedings, shall be paid to iicncftciary, li and applied by it 'sl upon ,any reasonable costs anti expens4S and attorney ices, both in die. triad Lind appellate county, occcs: drily paid of Incurred by bermefiiclary in such pro ccd vg.s, and the hahulce applied ups n file indebtedness secured liemhy. Grntor agrees, ill ils own expense, to take such actions ;aid execute such in sinlments as shall be necessary ill obtaining 'Licit compensation promptly upon beneficiary s request. (CONTINUED) NOTE: The Trust Dead Act provides that the trust.. hereunder must be abhor an attorney w1u, Is an active member al the Oregon state Bar, a bank, trust corePany or savings and loan associallon authorized to do business under. the Im i; at Oren or the United States, a title insurance coreppany oulhorizod to Insure Lille to real properly of Ihis state, Its subsidiaries, atniiatec. ag0nls or hrancaox, tile United States or any agency Ihereol, at an escrow agent licensed under ORS 595.505 to B9E.885. WANNINO: 12 USC 17011-5 regulates and may prohibit ezarcfso .I [hill .ppiton. ..The publisber suggests that such.n agreement ndriloas rite issue of otaimI ng beneficiary's consent in complete detail. Exhibit B Trust Deed example (2 pages) 9, At any time, and from tine to little upon written request of beneficiary, payment of its fees and presentaliou of this decd and the note for endorse "Pant (In ca<e of full ta:unvoymnces, Cor emuellulion), wilhoui 11111ccnng the liability of tiny pernim for ilia paynmrl of ilia indebtedness, trustee may (a) coisent to Ilia narking of ally "tap or plat or ilia propuriv; 111) join in grunting any casonlanl of, creating ally restriction thereon: (c),join in any sllbordinulion or other agreement ulfecting this dead fit ilia Ilan or charge then of: or (d) reconvey, without %varruny, all or nay pan of the property. The Rramcc in tiny rccoavcyancc $fifty tic dcsei riled as (he "person Or liaison, lagally copied IbL[t.lo;' ainl 111L recruit;, Iheraiu of' any Illaae" or facts Shall Ile CnnChiSiVC. tinfoil of Ilia It'ulhfulncss lhtac- 0l`, Trustee fees for any of the services mentioned in this paragraph shall tie full tens than SS. 10, Upon any default by gI tmtor heremlder, beneficiary may, at any time without notice, either in person by agent, of- by fi receiver to be appointed by if court, unit without regard In rho adequacy of any security for the ladclucdncs8 hereby. Secured, enter upon and lake posce45iun of the properly or tiny part thereof, in its own came sue orotherwise collect Ira. rents, Issues and,protim, including those past due and unppaid. and uppply'the same. less costs and expenses of ollcr lion and collec- dou, including reasonable aitomcy fees, upon tiny indebtedness scanted hereby, and in 5uc1t order us banefrciarymny determine. 1 I. Tlrx fin(cring upon wilt taking pus"[ sloll of file p"ipeny, the collixiii ol'such faltir r sues bull pualiis, Ali-Ific proceeds of fire and other hfsumnec puli- cics or cornifemation or awards for any inking or damage of the property, and Ilrc appiicaliun or felease thereof Pis aforesaid. shnll not cure or waive any default or notice of default hereunder, or invalidote any act done pursuant to such notice. 12 Upon default by grantor in payment of any indebtedness secured hereby or in grantor's performance of any agreement hereunder, time being or the essence with respect to such payment and/or performance, the beneficiary may declare fill 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 right or remedy, either at law of in equity, which the beneficiary may have. In the event the beneficiary elects to foreclose by advertise- ment and sale, 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 the trustee has commenced foreclosure by advertisement and sale, and at any time prior to 5 days before the dale 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 ilia 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 affecting 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 parcel or parcels at auction to the highest bidder for cash, payable at the lime of sale. Trustee shall deliver to the purchaser its deed in form as required by law conveying the properly 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 trustee 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 juiciest 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 a successor or successors to any trustee named herein or to any successor trustee appointed hereunder. Upon such appointment, and without conveyance to the successor trustee, the lulter 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 tale county or counties in which (lie 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 safe under any other deed oltrust 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 read property and has a valid. unencumbered tulle thereto, except us may be set forth in any addendum or exhibit attached hereto, and ilia[ the grantor will warrant and forever defend tie satire 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 the loan represented 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) ale 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 representatives, successors and assigns. The term benefici uy shall mean the holder and owner. including pledgee, of the contract secured hereby, whether or not named as a benefi- ciary herein. In construing this instrument, where [he context so requires, the singular includes the plural. and all grammatical changes shall be made so that this inshu- ment shall apply equally to businesses, other entities and to individuals. IN WITNESS WHEREOF, grantor has executed this instrument the date stated above; any signature on behalf of a business or other entity is made with the authority of that entity. "IMPORTANT NOTICE: Delete, by lining out, whichever warranty (a) or (b) is inapplicable. 1f warranty (a) is applicable and the beneficiary 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 Ivry 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 if USE deed have been fully paid and satisfied. You hereby are directed, on payment to you of any sums owing to you under ilia terms of the [rust deed or pursuant to statute, to cancel all evidences of indebtedness secured by the trust deed (which are delivered to you herewith together with the trust deed) and to reconvey, without warranty, to life parties desig- rated by the terms of the trust deed, the estate now held by you under the same. Mail the iccouveyance 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 AGE MEETING DATE: BOARD R COMMISSIONERS Wednesday, August 24, 2022 tT SUBJECT: Consideration of Board Signature for Auction Order No. 2022-040, for the Deschutes County Surplus Property Auction RECCOMENDED MOTION: Move approval of Board signature of Order No. 2022-040, for the Deschutes County Surplus Property Auction. BACKGROUND AND POLICY IMPLICATIONS: The attached list of 16 County -owned properties, in Order No. 2022-040, is proposed for inclusion in the 2022 Deschutes County Surplus Property Auction scheduled for Friday, October 7, 2022 at the Deschutes County Fairgrounds. Property Management staff has worked with County Counsel, the Community Development Department -including Planning and Environmental Soils, the Road Department -including Survey and Engineering, the 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 Exhibit A. If all properties sell at the established minimum bid, the proceeds of the sale would be $1,059,920.00. Note that properties may be removed from the auction list at any time. 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. 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 6.50% 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. BUDGET IMPACTS: If the properties sell at the established minimum bid, the proceeds of the sale will be $1,059,920.00. 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 the County for the management and carrying costs associated with foreclosed properties with the remaining proceeds distributed to the applicable taxing districts. ATTENDANCE: Kristie Bollinger, Property Manager