HomeMy WebLinkAboutDoc 280-281 - Trust Deed - SubstitutionDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -\vww.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 9, 2012
Please see directions for completing litis document on the next page.
DATE: May 2, 2012 ~
FROM: Mark Pilliod Legal 388-6623
TITLE OF AGENDA ITEM:
Consideration and Approval of Substitution of Trustee and Release of Trust Deed
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County sold real property to Hennan and Winefried Schnidrig on June 27, 1984, subject to a
note and Trust Deed to secure the unpaid purchase price of $39,998 plus interest. The original Trust
Deed listed Rick Isham, Deschutes Count legal counsel as trustee and Deschutes County as beneficiary.
The note has been satisfied and so a release of Trust Deed needs to be recorded.
There are two documents which require Board approval, a Substitution of Trustee, appointing Mark
Pilliod, DC Legal Counsel as Trustee and a Release of Trust Deed, which up approval and recording
will demonstrate that the secured obligation has been satisfied.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Approve Documents No. 2012-280 and 2012-281
ATTENDANCE: Mark Pilliod
DISTRIBUTION OF DOCUMENTS:
Copy to John Sorlie, Attorney at Law, Bryant, Lovlien and Jarvis P.C.
April 22, 2004
Mr. Mark Pilliod
Deschutes County Attorney
1130 NW Harriman
Bend, OR 97701
Dear Mark:
As requested, I am sending you the original Promissory Note, Trust Deed and current
status sheet for the paid-in-fullioan between Herman E. and Winefride T. Schnidrig and
Deschutes County.
COIC normally handles the Reconveyance, but because Rick Isham is the Trustee, I am
forwarding to you to complete.
Please have the Reconveyance and note mailed directly to: Herman Schnidrig, 2126 NE
Regents Dr. Portland, OR 97212.
If you have any further questions, I can be reached at 548-9531.
Sincerely,
Cherie F olkens
Loan Servicing/Closing Officer
After recording return to:
Bryant, Lovlien & Jarvis, PC
Attn: John Sorlie
591 SW Mill View Way
Bend, OR 97702
SUBSTITUTION OF TRUSTEE
WHEREAS, Herman A. Schnidrig and Winefride T. Schnidrig, husband and wife
was the original Trustor, Richard Isham, Deschutes County Legal Counsel
was the original Trustee, and =D..=e=sc=h=u=te=s--'C:::....:o"-"u=n:.;.tyw.,-"O"-'r=eo.go=n:.:..-_____________
was the original Beneficiary under that certain Trust Deed dated June 27, 1984 and
recorded on June 28, 1984, as Instrument Number 84-11065 of
the Official Records of Deschutes County, Oregon (the "Trust Deed"), and
WHEREAS, the undersigned Beneficiary is the present Beneficiary under the Trust Deed, and
WHEREAS, the undersigned desires to substitute a new Trustee under the Trust Deed in the
place and stead of the original Trustee,
NOW, THEREFORE, the undersigned hereby substitutes Mark Pilliod, Deschutes County Legal
Counsel, as Trustee under the Trust Deed.
Dated effective: May_, 2012
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ATTEST: ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
DOCUMENT NO. 2012-280
DC 2012-280
State of Oregon )
) 55.:
County of Deschutes )
This instrument was acknowledged before me on May 2012, by Anthony DeBone,
Alan Unger and Tammy Baney ..
Notary Public for Oregon
My Commission Expires: ______
DOCUMENT NO. 2012-280
After recording return to:
Bryant, Lovlien & Jarvis, PC
Attn: John Sorlie
591 SW Mill View Way
Bend, OR 97702
RECONVEYANCE OF TRUST DEED
This Reconveyance of Trust Deed is made by Mark Pilliod, Deschutes County Legal Counsel
("Trustee").
RECITALS
A. Trustee is the trustee under the Trust Deed dated June 27, 1984 made by Herman E.
Schnidrig and Winefride T. Schnidrig in favor of Trustee for the benefit of Deschutes
County, a political subdivision of the State of Oregon ("Beneficiary"), recorded under
Document NO. 84-11065 on June 28, 1984 in the mortgage records in Deschtues County,
Oregon (the "Trust Deed").
B. All of the obligations secured by the Trust Deed have been fully paid and performed.
C. Beneficiary has delivered a written request to Trustee to reconvey the estate of real
property described in the Trust Deed (the "Real Property") to all persons legally entitled
to the Real Property.
RECONVEYANCE
Trustee transfers, assigns, and conveys to all persons legally entitled to the Real Property,
without any warranty of any kind, express or implied, all of Trustee's right, title, and interest in
and to the Real Property.
Dated effective: 2012-------------------,
Trustee
State of Oregon )
) ss.:
County of Deschutes )
This instrument was acknowledged before me on May 2012, by Mark Pilliod.
Notary Public for Oregon
My Commission Expires: ___________
DOCUMENT NO. 2012-281
oc 2012 -281