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HomeMy WebLinkAboutOrder 040 - Substitution of TrusteeDeschutes 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 24, 2009 Please see directions for completing this document on the next page. DATE: June 9, 2009 FROM: Teresa Rozic Property & Facilities 385 -1414 TITLE OF AGENDA ITEM: Consideration of Signature of Order 2009 -040 authorizing County Administrator to sign Substitution of Trustee and authorizing Legal Counsel to sign Deed of Reconveyance. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: In 1995 and 1999 Deschutes County sold real property to three buyers. In each transaction the buy �r paid a cash down payment and financed the balance of the purchase price. Buyers signed a promis Tory note secured by a trust deed naming Deschutes County beneficiary. The Finance Department confirms that all sums secured by the three trust deeds have been fully paid but there is no evidence that the notes have been released. In order to clear Deschutes County's interest in the title to the real property described in those trust deeds, the trustee must cancel the indebtedness and reconvey the trustee's interest in the property. Each trust deed provides that the beneficiary may appoint a successor to any trustee named in the .teed and that the successor trustee shall be vested with all title, powers and duties conferred upon the original trustee. Order 2009 -040 authorizes the County Administrator to appoint current Legal C( unsel Mark Pilliod as trustee and authorizes Legal Counsel to sign deeds of reconveyance. The Propert Specialist will record those documents with the County Clerk and provide copies to the current ON Triers of record. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Order 2009 -040. ATTENDANCE: Teresa Rozic, Property Specialist DISTRIBUTION OF DOCUMENTS: Originals to Teresa Rozic for recording and for handling copies. For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Authorizing County Administrator to Sign Substitution of Trustee and Authorizing Legal Counsel to Sign Deed of Reconveyance * * ORDER NO. 2009-040 WHEREAS, in 1995 Deschutes County sold real property to Shellie A. Waite. The buyer paid a cash down payment and financed the balance of the purchase price. The buyer signed a promissory note secured by a trust deed naming Deschutes County beneficiary. Said trust deed was recorded as instrument number 95- 44944, official records of Deschutes County; and WHEREAS, in 1999 Deschutes County sold real property to Sunwest Redi -Mix. The buyer paid a L ash down payment and financed the balance of the purchase price. The buyer signed a promissory note secured by a trust deed naming Deschutes County beneficiary. Said trust deed was recorded as instrument number 99 -32 t 33, official records of Deschutes County; and WHEREAS, in 1999 Deschutes County sold real property to Robert and Kristi Otteni. The buyer paid a cash down payment and financed the balance of the purchase price. The buyer signed a promissory note secured by a trust deed naming Deschutes County beneficiary. Said trust deed was recorded as instrument numbe 99- 34984, official records of Deschutes County; and WHEREAS, all sums secured by the trust deeds described above have been fully paid and satisfied and WHEREAS, Deschutes County wishes to record documents to clear its interest in title to tht real property described in the trust deeds; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The County Administrator is authorized to appoint Mark Pilliod, Deschutes County Legal Counsel, as successor trustee for each of the trust deeds described above. Section 2. Legal Counsel is authorized to cancel all evidences of indebtedness secured by the trust deeds and to reconvey, without warranty, to the parties designated by the terms of the trust deeds the estate now held by the trustee. Section 3. The County Administrator and Legal Counsel will sign the Substitution of Trustee an Deed of Reconveyance attached as Document Numbers 2009 -230, 2009 -231, and 2009 -232. The Property Spe ;ialist PAGE 1 OF 2- ORDER No. 2009 -040 (06/24/2009) will record those documents in the official records of Deschutes County and provide copies to the current owners of record. Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, Chair DENNIS R. LUKE, Vice Chair Recording Secretary ALAN UNGER, Commissioner PAGE 2 of 2- ORDER No. 2009 -040 (06/24/2009) 7 (o1EVI �� 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 tQ ORS 86.790 (3), the present Beneficiary hereby appoints Mark Pilliod, Count■ Legal Counsel, a, successor trustee of the following designated Trust Deed, said successor trustee having all the powers of the original trustee, effective herewith: Dated: RecI rded: Inst ument No. Offi ial Records of: Gra tor/Trustee: Trutee: Beneficiary: All sums secured by the above referenced Trust Deed have been fully paid and satisfied Mark Pilliod, upo i delivery to him of the Trust Deed and related note marked paid, is hereby authorized and instructed tb 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 ')y Mark Pilliod under the Trust Dee December 28, 1995 December 29, 1995 95 -44944 Deschutes County Shellie A. Waite Brad S. Chalfant Deschutes County, Oregon Dated this 1 I of STATE OF OREGON ) ss. County of Deschutes ) , 2009 CHUTES C NTY OREGON j^-tZ David Kanner, o my Administrator This instrument was acknowledged before me qty, Oregon. Kanner, Count Administ OFFICIAL SEAL (), ` GEORGIA ANN SPRINGER 1) COMMISSION NO. 417788 1 MY COMMISSION EXPIRES JULY 21 2011 (() < . 20 tary Pubic for Oregon My Commission Expires: Mark Pilliod, having received the appointment as successor trustee and the reconveyance as stated above, does hereby grant, bargain, convey, but without warrant, express or implied to the persons legally entitled thereto, all the estate held and to the property described in the above referenced Trust Deed, except as previously conveyed to such persons. Dated this / D —'of STATE OF OREGON ) ss. County of Deschutes , 2009 11,,,,2 9 Icy David 07 'L H( reque t for full any co Tenant or by Mark Pilliod in may have been Mark Pilliod; County Legal Counsel This instrument was acknowledged before me on Pilliod, County Legal Counsel Deschu e County, Oregon. luO IZ AVN' S3HIdX3 NOISSIWW00 AW Mat 'ON NO189I04OO d3ONWNd8 NNV VIDtlO3D '7tl3S 1V'OIddO Document No. 2009 -232 Notary P '•lic for Orego 2--1 I My Commission Expires: D • , 200) by Mark av4REVS LEGAL OUNSEL 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: Recorded: Instrument No. Official Records of: Grantor/Trustee: Trustee: Beneficiary: July 16, 1999 July 16, 1999 1999 -34984 Deschutes County, Oregon Robert A. Otteni and Kristi Rye Otteni, husband and wife First American Title Insurance Company of Oregon Deschutes County, a political subdivision of the State of Orego i 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 auth:)rized and instructed to cancel all evidence of indebtedness secured by the Trust Deed and to reconv« y, without warranty, to the parties designated by the terms of said Trust Deed the estate now help i by Mark Pilliod under the Trust Deed. Dated this 1 i A of __ ,,.�-� , 2009 i CHUTES David Kanner, STATE OF OREGON ) ) ss. County of Deschutes ) This instrument was acknowledged before me o Kanner, Gun ly_Administ[ator, _s unty, Oregon. OFFICIAL SEAL GEORGIA ANN SPRINGER NOTARY PUBLIC - OREGON COMMISSION NO. 417788 MY COMMISSION EXPIRES JULY 21 2011 UNTY, OREGON unty Administrator , 2009 by David Notary Public for Oregon My Commission Expires: 47 Mark Pilliod, having received the appointment as successor trustee and the reconveyance as stated above, does hereby grant, bargain, convey, but without warrant, express or implied to the persons legally entitled thereto, all the estate held and to the property described in the above referenced Trust Deed, except as previously conveyed to such persons. Imo•• Dated this /L) !of _ 2009 STATE OF OREGON ) ) ss. County of Deschutes ) request for full any covenant or by Nark Pilliod in ma', have been Mark Pilliod, County Legal Counse This instrument was acknowledged before me on , '.009 by Mark Pilliod, County Legal Counsel, Deschutes County, Oregon. OFFICIAL SEAL GEORGIA ANN SPRINGER ,- NOTARY PUBLIC- OREGON 0 +� COMMISSION NO. 417786 MY COMMISSION EXPIRES JULY 21 2011 6 Document No. 2009 -230 Notary Public for Oreg op My Commission Expires: C 7 74 it c zv E�N��,� r LEGAL CC( /OUNSEL 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, Count r 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: Recorded: Instrument No. Official Records of: Grantor/Trustee: Trustee: Beneficiary: June 29, 1999 June 29, 1999 1999 -32133 Deschutes County, Oregon Sunwest Redi -Mix, Inc., an Oregon corporation Western Title and Escrow Company Deschutes County, a political subdivision of the State of 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 author zed 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. Ea. Dated this 1 1 of STATE OF OREGON County of Deschutes ss. 2009 : S. HUTES • UNTY, OREGON David Kanner, County Administrator This instrument was acknowledged before me Kanner, Count Administrator, Deschutes County, Oregon. ) * ^ OFFICIAL SEAL ( NOTA ORGIA PUBLI NNC-OREG0N ( ", r o 417786 MY COMMISSION t c!, t a JULY 21 2011 Notarlfc for Oregon 2009 by David My Commission Expires: ) 7 1'1 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 cc venant 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 t ave been previously conveyed to such persons. Dated this /0= of , 2009 ,k Mark Pilliod, County unt Legal Counsel STATE OF OREGON ss. County of Deschutes This instrument was acknowledged before me on Pilliod, County Legal Counsel, Deschutes County, Oregon. ( OFFICIAL SEAL 1 GEORGIA ANN SPRINGER NOTARY PUBLIC- OREGON COMMISSION NO. 417786 (' MY COMMISSION EXPIRES JULY 21 2011 Document No. 2009 -231 201 9 by Mark Notary Public for Oregon My Commission Expires: 011-1 t