HomeMy WebLinkAboutDoc 024 - Trustees Deed - Default1`J'CES�
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or ;
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 20, 2010
Please see directions for completing this document on the next page.
DATE: January 7, 2010
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Board Signature on Acceptance Page of Document 2010-024, a Trustee's Deed from
Mark Pilliod, Trustee, to Deschutes County.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In 2007, Deschutes County sold vacant land to Mr. Morgan Reed. Mr. Reed paid a 20% down pay ment
in cash and the County financed the balance, secured by a Note and Trust Deed. Mr. Reed defaulted on
the Note and Trust Deed.
By Order No. 2009-055, the Board of County Commissioners declared all sums immediately due £end
payable. Authorized by that Order, staff initiated a foreclosure process. Mr. Reed made no attempt to
contact staff, to accept legal service of notices or to bring the account current.
On December 22, 2009, staff held a Trustee's Sale. There were no bidders. By statute, the Trustee,
Mark Pilliod Deschutes County Legal Counsel, is authorized to convey fee title to the beneficiary,
Deschutes County. According to ORS 93.808, an instrument conveying title to a county may not be
recorded unless the instrument carries an indication of approval of the conveyance by the political
subdivision accepting title or interest.
FISCAL IMPLICATIONS:
As stated above, there were no bidders at the Trustee's Sale. The amount of the unsatisfied obliga,ion is
$15,387.39.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board signature on the accepatnce page of Document 2010-024.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original to Teresa Rozic for recording with the County Clerk.
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:
Please complete all sections above the Official Review line.
December 30, 2009
Contractor/Supplier/Consultant Name:
Contractor Contact:
Type of Document: Trustee's Deed
Goods and/or Services: N/A
N/Al
Department:
Property & Facilities
Contractor Phone #:
Background & History: In 2007, Deschutes County sold vacant land to Mr. Morgan
Reed. Mr. Reed paid a 20% down payment in cash and the County financed the
balance, secured by a Note and Trust Deed. Mr. Reed has defaulted on the Note and
Trust Deed.
By Order No. 2009-055, the Board of County Commissioners declared all sums
immediately due and payable. Authorized by that Order, staff initiated a foreclosure
process. Mr. Reed made no attempt to contact staff, to accept legal service of notices
or to bring the account current.
On December 22, 2009, staff held a Trustee's Sale. There were no bidders. By statute.
the Trustee, Mark Pilliod Deschutes County Legal Counsel, is authorized to convey fee
title to the beneficiary, Deschutes County.
Agreement Starting Date:
Annual Value or Total Payment:
Ending Date:
The amount of the lien is $15,387.39
N/A n 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)
fl
N /A Funding Source: (Included in current budget? ❑ Yes 1 1 No
If No, has budget amendment been submitted? ❑ Yes I 1 No
12/30/20 )9
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
Special conditions attached to this grant:
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: I I Yes 1 I No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic, Property Specialist
Phone #: 385-1414
Department Director Approval:
Signature Date
Distribution of Document: Original to Teresa Rozic.
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$1..50K; if > 150K, BOCC Order No.
Legal Review ` J r -G . ( 4/ Date tt)
OC -2010-024
Document Number
12/30/20( 9
After Recording Return To
and Send Tax Statements To:
Deschutes County Property & Facilities Dept.
14 NW Kearney Ave
Bend, OR 97701
For Recording Stamp Only
TRUSTEE'S DEED
THIS INDENTURE, made on January , 2010, between MARK PILLIOD, Deschutes County'_egal
Counsel, Trustee, and DESCHUTES COUNTY, a political subdivision of the State of Oregon, Grantee.
The true and actual consideration paid in cash for this transfer is the sum of Fifteen Thousand "hree
Hundred Eighty -Seven and 39/100 Dollars ($15,387.39).
WITNESSETH:
RECITALS: MORGAN REED, as Grantor, executed and delivered to MARK PILLIOD, as Trustee, for
the benefit of DESCHUTES COUNTY, as Beneficiary, a Trust Deed dated April 20, 2007, recorded on
April 23, 2007, in the Deschutes County mortgage records at instrument No. 2007-22945 In that Trust
Deed, the real property described below ('Property") was conveyed by Grantor to Trustee to secure,
among other things, the performance of certain obligations of the Grantor to the Beneficiary. The
Grantor thereafter defaulted in his performance of those obligations and such default still existed at the
time of the sale described below.
Because of the default(s), the Beneficiary , its successor in interest, declared all sums secured
by the trust deed immediately due and owing. a NOTICE OF DEFAULT AND PENDING
CANCELLATION OF PROMISSORY NOTE AND TRUST DEED ("Notice"), containing an
election to sell the Property and to foreclose the Trust Deed by advertisement and sale to
satisfy Grantor's obligations was recorded in the Deschutes County mortgage records of on
August 24, 2009, in Instrument No. 2009-36451.
After the recording of the Notice, the Trustee gave notice of the time for and place of sale of the F roperty
as fixed by Trustee as required by law; copies of the Trustee's Notice were served pursuant to ORCP
7D(2) and 7D(3) or mailed by both first class and certified mail with return receipt requested, to the last
known address of the persons or their legal representatives, if any, named in ORS 86.740(1) and (2)(a),
at least 120 days before the date the Property was sold, and the Trustee's Notice of Sale was mailed by
first class and certified mail with return receipt requested, to the last -known address of the guardian,
conservator or administrator or executor of any person named in ORS 86.740(1), promptly after the
Trustee received knowledge of the disability, insanity or death of any such person; the Notce was
served upon occupants of the Property described in the Trust Deed in the manner in which a summons
is served pursuant to ORCP 7D(2) and 7D(3) at least 120 days before the date the Property was sold,
pursuant to ORS 86.750(1). If the foreclosure proceedings were stayed and released from tie stay,
copies of an Amended Notice in the form required by ORS 86.755(6) were mailed by registered or
certified mail to the last -known address of those persons listed in ORS 86.740 and 86.750(1) al id to the
address provided by each person who was present at the time and place set for the sale wl rich was
stayed within 30 days after the release from the stay. Further, the Trustee published a col: y of the
Notice in a newspaper of general circulation in each county in which the Property is situated once a
week for four successive weeks; the last publication of said the Notice occurred more than twenty days
prior to the date of such sale.
The mailing, service and publication of Notice are shown by one or more affidavits or proofs cf service
duly recorded prior to the date of sale in the official records of county, affidavits and proofs, together
with the Notice , being now referred to and incorporated in and made a part of this Trustee's Deed as
fully as if set out herein verbatim. The undersigned Trustee has no actual notice of any pers on, other
than the persons named in the affidavits and proofs as having or claiming a lien on or inter+;st in the
Property, entitled to notice pursuant to ORS 86.740(1)(b) or (1)(c).
Pursuant to said the Notice or one or more due public proclamations of the sale's postponement, the
Trustee, on December 22, 2009, at 10:00 AM, in accord with the standard of time established by ORS
187.110 at the place fixed for sale, in full accordance with the laws of the State of Oregon and pursuant
to the powers conferred upon the trustee by Trust Deed, sold Property in one parcel at public auction for
the sum of Fifteen Thousand Three Hundred Eighty -Seven and 39/100 Dollars ($15,387.39) tc Grantee,
Grantee being the highest and best bidder at the sale.
NOW, THEREFORE, in consideration of the above sum paid by Grantee in cash, the receipt vhereof is
acknowledged, and by the authority vested in the Trustee by the laws of the State of Oreg )n and by
Trust Deed, the Trustee does hereby convey unto Grantee all interest in which the Grantor t ad or had
DC 2010-024 Page 1 of 3
QC-?n+n-'n2
the power to convey at the time of Grantor's execution of Trust Deed, together with any interest the
Grantor or his successors in interest acquired after the execution of the Trust Deed in Property, legally
described as follows:
Block #27, Lot #34, of OREGON WATER WONDERLAND, Unit 2, as shown by map on
file in the office of the County Clerk, subject to building and use restrictions recorded in
Book 166, Page 723, Deed Records, Deschutes County, Oregon, subject to covenants,
conditions, reservations, easements, and rights-of-way of record, together with 111045th
undivided interest as tenants in common in the following described parcels: Parcels E,
F, G, H, and I.
Commonly known as:17270 Brant Drive, Bend, Oregon 97707
TO HAVE AND TO HOLD the same unto Grantee, his heirs, successors in interest and assigns forever.
In construing this instrument and whenever the context so requires, the masculine gender includes the
feminine and the neuter, the singular includes the plural; the word "grantor" includes any successor in
interest to the grantor as well as any other person owing an obligation, the performance of which is
secured by trust deed, and the words "trustee" and "beneficiary" include their respective successors in
interest, if any, and word "person" includes corporation and any other legal or commercial entity.
This conveyance is made without representations or warranties of any kind. By recording this Trustee's
Deed, Grantee understands, acknowledges and agrees that the Property was purchased in the context
of a foreclosure, that the trustee made no representations to Grantee concerning the
Property and that the Trustee owed no duty to make disclosures to Grantee concerning the Property,
Grantee relying solely upon his/her/their/its own due diligence investigation before electing to bid for the
Property.
IN WITNESS WHEREOF, the undersigned Trustee has executed this document. If the undersigred is a
corporation, the document has been executed by a person duly authorized by the Board of Dire ;tors of
the corporation.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRIN( FEE
TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IT ANY, UNDER ORS 197.352. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT
1N 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 CIF 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 RIGH'S OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352.
DATED:
TRUSTE
Mark Pilliod, Legal Counsel
Deschutes County
STATE OF OREGON )
) ss.
County of Deschutes )
This instrument was acknowledged bef
Mark Pilliod, County Legal Counsel, Deschutes County
OFFICIAL SEAL
GEORGIA ANN SPRINGER
NOTARY PUBLIC -OREGON
COMMISSION NO. 417786
MY COMMISSION EXPIRES JULY 21 2011
r)
DC 2010-024
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11
re me onAmi,.
regon.
My Commission Expires: 0 .7 2- (<
Notary Pub'c for Oregon
/01 V, by
ACCEPTANCE
DESCHUTES COUNTY does hereby accept the foregoing Bargain and Sale Deed pursuant to ORS
93.808.
DATED this day of January, 2010. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ATTEST: ALAN UNGER, Vice -Chair
Recording Secretary
STATE OF OREGON )
) ss.
County of Deschutes )
TAMMY BANEY, Commissioner
Before me, a Notary Public, personally appeared DENNIS R. LUKE, ALAN UNGER, and TAMMY
BANEY the above-named Board of County Commissioners of Deschutes County, Oregon and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this day of , 2010.
Notary Public for Oregon
My Commission Expires:
DC 2010-024
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