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HomeMy WebLinkAboutDoc 359 - Substitute Trustee-Deed - Russell Rd07 ❑ -c Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 29, 2011 Please see directions for completing this document on the next page. DATE: June 14, 2011 FROM: Teresa Rozic Property & Facilities 385-1414 TITLE OF AGENDA ITEM: Consideration of Signature by County Administrator of Document 2011-359, Substitution of Trustee and Deed of Reconveyance. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: In 2001, Jennifer Oliver purchased real property commonly known as 51515 Russell Road, La Pine, from Deschutes County. Deschutes County offered financing for the transaction and Ms. Oliver signed a Promissory Note and Trust Deed for $40,368.00. On June 6, 2011, the Finance Department advised us that the Ms. Oliver had paid the balance owing in full and had requested a Deed of Reconveyance. This document will substitute Mark Pilliod, Deschutes County Legal Counsel, as Trustee and authorize the County Administrator to execute the Deed of Reconveyance. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2011-359 by the County Administrator. ATTENDANCE: Teresa Rozic DISTRIBUTION OF DOCUMENTS: Original to Teresa Rozic for recording with the County Clerk and transmittal to the borrower. upon signature DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: 6/14/2011 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: N/A Property & Facilities Contractor Contact: N/A1 Contractor Phone #: Type of Document: Substitution of Trustee and Deed of Reconveyance Goods and/or Services: N/A1 Background & History: In 2001, Jennifer Oliver purchased real property commonly known as 51515 Russell Road, La Pine, from Deschutes County. Deschutes County offered financing for the transaction and Ms. Oliver signed a Promissory Note and Trust Deed for $40,368.00. On June 6, 2011, the Finance Department advised us that the Ms. Oliver had paid the balance owing in full and had requested a Deed of Reconveyance. This document will substitute Mark Pilliod, Deschutes County Legal Counsel, as Trustee and authorize the County Administrator to execute the Deed of Reconveyance. Agreement Starting Date: Annual Value or Total Payment: N/A1 Ending Date: N/A Insurance Certificate Received (check box) Insurance Expiration Date: Check all that apply: RFP, Solicitation or Bid Process Informal quotes (<$150K) Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) N/A Funding Source: (Included in current budget? I 1 Yes 1 1 No If No, has budget amendment been submitted? I 1 Yes I I No Is this a Grant Agreement providing revenue to the County? 1 1 Yes ® No Special conditions attached to this grant: 6/16/2011 Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: _ Yes No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Teresa Rozic Phone #: 385-1414 Department Director Approval: � �ti �� CI I I tt(ao t\ Signature Date Distribution of Document: Original to Teresa Rozic for recording with the County Clerk and transmittal to the borrower. Official Review: County Signature Required (check one): Cl BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number 2011-359 6/16/2011 0-C ES Deschutes County Finance Department 0 / ,� Marty Wynne, Finance Director and Treasurer 1300 NW Wall St, Suite 200 • Bend, OR 97701-1960 (541] 388-6559 • Fax (541 ] 749-2909 www.co.deschutes.or.us MEMORANDUM Date: June 6, 2011 To: Teresa Rozic, Property Management From: Cheryl Circle, Finance Re: Land Sale Contract Payoff — Jennifer Oliver Island Holdings Parcel 3 of Partition Plat 2001-15 LaPine Attached please an amortization schedule of the payments received on a note in the name of Jennifer Oliver, Successor Trustee, and Island Hideaway Holdings. The mailing address for Jennifer Oliver is 1102 5th Street, Eureka CA 95501 The balance owing on this account was paid in full as of May 27th, 2011 by Jennifer Oliver, though no recording fees were collected. I have also attached a copy of the promissory note dated April 27, 2001 and the Trust Deed recorded Volume 2001 Page 19743. Thanks Cheryl REC'D J J N 0 7 2011 VOL: 2001 PAGE: 19743 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: Apr. 27, 2001; 2:40 p.m. RECEIPT NO: 34953 DOCUMENT TYPE: Deed of Trust FEE PAID: $51.00 NUMBER OF PAGES: 5 `17247e Zig4d,Q,dah,) MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK TRUST DEED ISLAND HIDEAWAY HOLDINGS 55833 WOOD DUCK DRIVE BEND, OR 97707 Grantor DESCHUTES COUNTY 1130 NW HARRIMAN BEND, OR 97701 Beneficiary After recording return to: AMERITITLE 15 OREGON AVE, P.O. BOX 752 BEND, OR 97709 ESCROW NO. BT029725C0 - 91'.7-7 TRUST DEED THIS TRUST DEED, made on APRIL 27, 2001, between JENNIFER OLIVER, SUCCESSOR TRUSTEE OF ISLAND HIDEAWAY HOLDINGS , as Grantor, AMERITITLE, an Oregon Corporation , as Trustee, and DESCHUTES COUNTY, as Beneficiary, WITNESSETH: Grantor irrevocably grants, bargains, sells and conveys to trustee in trust, with power of sale, the property in DESCHUTES County, Oregon, described as: Parcel Three (3) of Partition Plat 2001-15, Deschutes County, Oregon. together with all and singluar the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in anywise now or hereafter appertaining, and the rents, issues and profits thereof and all fixtures now or hereafter attached to or used in connection with the property. FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the sum of **FORTY THOUSAND THREE HUNDRED SIXTY EIGHT** Dollars, with interest thereon according to the terms of a promissory note of even date herewith, payable to beneficiary or order and made payable by grantor, the final payment of principal and interest hereof, if not sooner paid, to be due and payable per t- o qte The date of maturity of the debt secured by this instrument is the date, stated above, on whirl t to mai installment of said note becomes due and payable. In the event the within described property, or any part thereof, or any interest therein is sold, agreed to be sold, conveyed, assigned, or alienated by the grantor without first having obtained the written consent or approval of the beneficiary, then, at the beneficiary's option, all obligations secured by this instrument, irrespective of the maturity dates expressed therein or herein, shall become immediately due and payable. To protect the security of this trust deed, grantor agrees: 1. To protect, preserve and maintain said property in good condition and repair; not to remove or demolish any building or im- provement thereon; not to commit or permit any waste of said property. 2. To complete or restore promptly and in good workmanlike manner any building or improvement which may be constructed, damaged or destroyed thereon, and pay when due all costs incurred therefor. 3. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; if the beneficiary so requests, to join in executing such financing statements pursuant to the Uniform Commercial Code as the beneficiary may require and to pay for fling same in theroper public office or offices, as well as the cost of all lien searches made by filing officers or searching agencies as may be deemeddesirableby the beneficiary. 4. To provide and continuously maintain insurance on the buildings now or hereafter erected on said premises against loss or damage by fire and such other hazards as the beneficiary may.from time to time require, in an amount not less than the full insurable value, written in companies acceptable to the beneficiary, with loss payable to the latter; all policies of insurance shall be delivered to the beneficiary as soon as insured; if grantor shall fail for any reason to procure any such insurance and to deliver said policies to the beneficiary at least fifteen days prior to the expiration of any policy of insurance now or hereafter placed on said buildings, the beneficiary may procure same at grantor's expense. The amount collected under any fire or other insurance policy may be applied by beneficiary upon anyindebtedness secured hereby and in such order as beneficiary maydetermine, or at option of beneficiary the entire amount so collected, or any part thereof, may be released to grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice, 5. To keep said premises free from construction liens and to pay all taxes, assessments and other charges that may be levied or assessed upon or against said property before any part of such taxes, assessments and other charges become past due or delinquent and promptly deliver receipts therefor to beneficiary; should the grantor fail to make payment of any taxes, assessments, insurance premiums, liens or other charges payable by grantor, either by direct payment or by providing beneficiarywith funds with which to make such payment, beneficiary may, at its option, make payment thereof, and the amount so paid, with interest at the rate set forth in the note secured hereby, together with obligations describedinparagraphs 6 and 7 of this trust deed, shall be added to and become a part of the debt secured by this trust deed, without waiver of any rights arising from breach of any of the covenants hereof and for such payments, with interest as aforesaid, the property hereinbefore described, as well as the grantor, shall be bound to the same extent that they are bound for the payment of the obligation herein described, and all such payments shall be immediately due and payable without notice, and the nonpayment thereof shall, at the option of the beneficiary, render all stuns secured by this trust deed immediately due and payable and constitute a breach of this trust deed. 6. To pay all costs, fees and expenses of this trust deed including the cost of title search as well as the other costs and expenses of the trustee incurred in connection with or in enforcing this obligation and trustee's and attorney's fees actually incurred. 7. To appear in and defend any action or proceedingurporting to affect the security rights or powers of beneficiary or trustee; and in any suit, action or proceeding in which the beneficiary or trustee may appear, including any suit for the foreclosure of this deed, to pay all costs and expenses, including evidence of title and the beneficiary's or trustee's attorney's fees; the amount of attorney's fees mentioned in this paragraph 7 in all cases shall be fixed by the trial court and in the event of an appeal from any judgement or decrees of the trial court, grantor further agrees to pay such sum as the appellate court shall adjudge reasonable as the beneficiary's or trustee's attorney's fees on such appeal. It is mutually agreed that: 8. In the event that any portion or all of said property shall be taken under the right of eminent domain or condemnation, beneficiary shall have the right, if it so elects, to require that all or any portion of the monies payable as compensation for such taking, which are NOTE: The Trust Deed Act provides that the Trustee hereunder must be either an attorney, who is an active member of the Oregon State Bar, a bank, trust company, or savings and loan association authorized to do business under the laws of Oregon or the United States, a title insurance company authorized to insure title to real property of this state, its subsidiaries, affiliates, agents or branches, the United States or any agency thereof, or an escrow agent licensed under ORS 696.505 to 696.585. Alas 9,70 in excess of the amount required to pay all reasonable costs, expenses and attorney's fees necessarily paid or incurred by grantor in such proceedings, shall be paid to beneficiary and applied by it first upon any such reasonable costs and expenses and attorney's fees, both in the trial and appellate courts, necessarily paid or incurred by beneficiary in such proceedings, and the balance applied upon the indebtedness secured hereby; and grantor agrees, at its own expense, to take such actions and execute such instruments as shall be necessary in obtaining such compensation, promptly upon beneficiary's request. 9. At any time and from time to time upon written request of beneficiary, payment of its fees and presentation of this deed and the note for endorsement (in case of full reconveyances, for cancellation), without affecting the liability of any person for the payment of the indebtedness, trustee may (a) consent to the making of any map or plat of said property; (b) join in granting any easement or creating any restriction thereon; (c) join in any subordination or other agreement affecting this deed or the lien or charge thereof; (d) reconvey, without warranty, all or any part of the property. The grantee in any reconveyance may be described as the "person or persons legally entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustee's fees for any of the services mentioned in this paragraph shall be not less than $5. 10. Upon any default by grantor hereunder, beneficiary may at any time without notice, either in person, by agent or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured. enter upon and take possession of said property or any part thereof, in its own name sue or otherwise collect the rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys fees upon any indebtedness secured hereby, and in such order as beneficiary may determine. 1 1 . The entering upon and taking possession of said property, the collection of such rents, issues and profits, or the proceeds of tire and other insurance polices or compensation or awards for any taking or damage of theroperty, and the application or release thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 12. Upon default by grantor in payment of any indebtedness secured hereby or in his performance of any agreement hereunder, time being of the essence with respect to such payment and/or performance, the beneficiary may declare all sums secured hereby immediately due and payable. In such an event the beneficiary at his election may 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 or in equity, which the beneficiary may have. In the event the beneficiary elects to foreclose by advertisement and sale, the beneficiary or the trustee shall execute and cause to be recorded his written notice of default and his election to sell the said described real property to satisfy the obligation 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 86.735 to 86.795. 13. After the trustee has commenced foreclosure by advertisement and sale, and at any time prior to 5 days before the date the trustee conducts the sale, the grantor or any other person so privileged by ORS 86.753, may cure the default or defaults. If the default consists of a failure to pay, when due, sums secured by the trust deed, the default may be cured by paying the entire amount due at the time of the cure other than such portion as would not then be due had no default occurred. Any other default that is capable of being cured may be cured by tendering the performance required under the obligation or trust deed. In any case, in addition to curing the default or defaults, the person effecting the cure shall pay to the beneficiary all costs and expenses actually incurred in enforcing the obligation of the trust deed together with trustee's and attorney's fees not exceeding 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 said sale may be postponed as provided by law. The trustee may sell said 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 time of sale. Trustee shall deliver to the purchaser its deed in form as required by law conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters of fact shalf 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 subsequent to the 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 his 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 latter shall be vested with all title, powers and duties conferred upon any trustee herein named or appointed hereunder. Each such appointment and substitution shall be made by written instrument executed by beneficiary, which, when recorded in the mortgage records of the county or counties in which the property is situated, shall be conclusiveroof of proper appointment of the successor trustee. 17. Trustee accepts this trust when this deed, dulypexecuted and acknowledged is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust 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 and agrees to and with the beneficiary and the beneficiary s successor in interest that the grantor is lawfully seized in fee simple of the real property and has a valid, unencumbered title thereto and that the grantor will warrant and forever defend the same against all persons whomsoever. WARNING: Unless grantor provides beneficiary with evidence of insurance coverage as required by the contract or loan agreement between them, beneficiary may purchase insurance at grantor's expense to protect beneficiary's interest. This insurance may, but need not, also protect grantor's interest. if the collateral becomes damaged, the coverage purchased by beneficiary may not pay any claim made by or against grantor. Grantor may later cancel the coverage by providing evidence that grantor has obtained property coverage elsewhere. Grantor is responsible for the cost of any insurance coverage purchased by beneficiary, which cost may be added to grantor's contract or loan balance. If it is so added, the interest rate on the under- lying 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 coverage. 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 applicable law. The grantor warrants that the proceeds of the loan represented by the above described note and this trust deed are: (a) primarily for grantor's personal, family, or household purposes [NOTICE: Line out the warranty that does not apply] (b) for an organization, or (even if grantor is a natural person) are for business or commercial purposes. This deed applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, personal representatives, successors, and assigns. The term beneficary shall mean the holder and owner, including pledgee, of the contract secured hereby, whether or not named as a beneficiary herein. In construing this mortgage, it is understood that the mortgagor or mortgagee may be more than one person; that if the context so requires, the singular shall be taken to mean and include the plural and that generally all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to individuals. IN WITNESS WHEREOF, said grantor has hereunto set his hand the day and year first above written. IS BY: HIDEA AY, H• DINGS • de ENNIFE OLIVER, SUC SSOR TRUSTEE State of Oregon County of DESCHUTES So This instrument was acknowledged before me on JENNIFER OLIVER, SUCCESSOR TRUSTEE OF ISLAND HIDEAWAY HOLDINGS. (Notary Public for Oregon) My commission expires by ,?.ord/ 792,4:3 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 trus deed have been fully paid and satisfied. You hereby are directed, on payment to you of any sums owing to you under the terms of the trust deed or pursuant to statute, to cancel all evidences of indebtedness secured by the trust deed (which are delivered to you herewith together with the trust deed) and to reconvey, without warranty, to the parties designated by the terms of the trust deed the estate now held by you under the same. Mail reconveyance and documents to: DATED: Do not lose or destroy this Trust Deed OR THE NOTE which it secures. Both must be delivered to the trustee for cancellation before reconveyance will be made. Beneficiary AMER/ 4A Woo/ ./PLS STATE OF CALIFORNIA ,sexr_ 41/=,.,4:21# } }ss. COUNTY OF Humboldt } On 4/26/01 , before me, Tina Antonsen Hubbard, notary public personally appeared ** JENNIFER OLIVER, SUCCESSOR TRUSTEE ** (ar proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature /14 • TINAANIUNSENHUBBARD•. CONN #12=45 I NOTARY PLO= caxtr cx A �hCominkeke 0= 4122005i (This area for official notarial seal) Title of Document Date of Document Trust Deed 4/14/01 Other signatures not acknowledged No. of Pages 4 N/A 3008 (1/94) (General) First American Title Insurance Company ADDENDUM TO TRUST DEED JENNIFER OLIVER, SUCCESSOR TRUSTEE, ISLAND HIDEAWAY HOLDINGS, GRANTOR `7(a). Grantor further agrees to comply with the environmental pollution requirements as described below: ENVIRONMENTAL POLLUTION. The provisions of this section supplement other provisions that might be applied concerning the Grantor's obligations, responsibilities and liabilities for environmental pollution, present and future, and for compliance with the laws, regulations or orders of any governmental agency concerning environmental pollution, present and future, on the premises. To the extent that the provisions of this section conflict with any such other provisions, the provisions of this section shall control. Where terms of this section use terms that are found in applicable state and federal environmental pollution laws, those terms shall have the same meaning as they have in those state and federal laws. Grantor acknowledges that Grantor has inspected and investigated the property and otherwise informed itself on the condition of the premises and based upon such inspection and investigation, Grantor is satisfied that the premises do not now contain any amounts of hazardous, toxic, radioactive or other substances for which a property owner or operator may be made liable under state or federal environmental pollution or health and safety laws. Accordingly, Grantor agrees that as between the Beneficiary and Grantor, Grantor will assume responsibility and liability as set forth below in the removal and indemnification provision 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. Grantor will not generate, store, process or dispose of or release or discharge into the environment hazardous, toxic, radioactive or other dangerous substances on or about the subject premises in any amount, nor will Grantor allow such prohibited activities to take place on the property. Grantor covenants to report, contain and remove in conformance with applicable state and federal law any releases of hazardous, toxic, radioactive or other substances regulated under state or federal pollution control laws that are found on or in the premises or any releases of such materials found off the premises that originated from the premises and to be responsible for the cost of removal of such substances. Grantor agrees to indemnify, defend and hold the Beneficiary, its officers, agents and employees, harmless from and against any claims, demands, causes of action or suits for damages, reimbursement or any other cost of compliance, including, but not limited to, remedial action costs, removal costs, natural resources damages, penalties, punitive damages, interest costs, attorney fees and damages of any kind to third parties, arising from the discharge, release or threatened release on or in the premises of any hazardous, toxic or radioactive substances. Initial Initialvo REVIEWED LEGAL COUNSEL For Recording Stamp Only AFTER RECORDING MAIL TO: Deschutes County Property Management 14 NW Kearney Avenue Bend, OR 97701 SUBSTITUTION OF TRUSTEE AND DEED OF RECONVEYANCE Pursuant to ORS 86.790 (3), the present Beneficiary hereby appoints Mark Pilliod, County Legal Counsel, as successor trustee of the following designated Trust Deed, said successor trustee having all the powers of the original trustee, effective herewith: Dated: April 27, 2001 Recorded: April 27, 2001 Instrument No. 2001-19743 Official Records of: Deschutes County Grantor: Jennifer Oliver, Successor Trustee of Island Hideaway Holdings Trustee: AmeriTitle Beneficiary: Deschutes County, Oregon All sums secured by the above referenced Trust Deed have been fully paid and satisfied. Mark Pilliod, upon delivery to him of the Trust Deed and related note marked paid, is hereby authorized and instructed to cancel all evidence of indebtedness secured by the Trust Deed and to reconvey, without warranty, to the parties designated by the terms of said Trust Deed the estate now held by Mark Pilliod under the Trust Deed. Dated this of , 2011 DESCHUTES COUNTY, OREGON David Kanner, County Administrator STATE OF OREGON ) ) ss. County of Deschutes This instrument was acknowledged before me on , 2011 by David Kanner, County Administrator, Deschutes County, Oregon. Notary Public for Oregon My Commission Expires: Mark Pilliod, having received the appointment as successor trustee and the request for full reconveyance as stated above, does hereby grant, bargain, convey, but without any covenant or warrant, express or implied to the persons legally entitled thereto, all the estate held by Mark Pilliod in and to the property described in the above referenced Trust Deed, except as may have been previously conveyed to such persons. Dated this of , 2011 Mark Pilliod, County Legal Counsel STATE OF OREGON ) ss. County of Deschutes ) This instrument was acknowledged before me on , 2011 by Mark Pilliod, County Legal Counsel, Deschutes County, Oregon. Notary Public for Oregon My Commission Expires: Document No. 2011-359