HomeMy WebLinkAbout2014-315 Sitpulated Limited Judgment - Grant - Case No 125892E3
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4 IN THE CIRCUIT COURT OF THE STATE OF OREGON
S FOR THE COUNTY OF JACKSON
6 U.S. BANK NATIONAL ASSOCIATION
AS TRUSTEE, SUCCESSOR IN
7 INTEREST TO BANK OF AMERICA, No, 125892E3
NATIONAL ASSOCIATION AS
8 TRUSTEE AS SUCCESSOR BY MERGER STIPULATED LIMITED JUDGMENT OF
TO LASALLE BANK, NATIONAL FORECLOSURE AS TO DEFENDANT
9 ASSOCIATION AS TRUSTEE FOR CITY OF ASHLAND
WAMU MORTGAGE PASS-THROUGH
10 CERTIFICATES SERIES 2007-OA4,
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0~ 11 Plaintiff,
0 4 12 V.
13 LISA MAE GRANT A/K/A LISA N1,
GRANT A/K./A LISA GRANT; ROGUE
14 FEDERAL CREDIT UNION, ACCTCORP
p c INTERNATIONAL OF SALEM;
15 SOUTHERN OREGON CREDIT.
o SERVICE; CITY OF ASHLAND;
r 16 GENERAL CREDIT SERVICES, INC.;
3 BARCLAYS BANK DELAWARE; : ;
17 OTHER PERSONS OR PARTIES,
including OCCUPANTS, UNKNOWN.,;,;
18 CLAIMING ANY RIGHT, TITLE, LIEN,
OR INTEREST IN THE PROPERTY
19 DESCRIBED IN THE COMPLAINT
20 HEREIN,
21 Defendants,
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22 1.
23 Basest upon the stipulation of U,S. BANK NA'T'IONAL ASSOCIATION, AS TRUSTEE,
24 SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS
25 TRUSTEE AS SUCCESSOR $Y iYIERGER TO LASALLE BANK, NATIONAL
26 ASSOCIATION AS TRUSTEE FOR WAMU MORTGAGE PASS-THROUGH
Page I - STIPULATED LIMITED JUDGMENT OF FORECLOSURE AS TO
DEFENDANT CITY OF ASHLAND
77333935.10052161.01955
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I CERTIFICATES SERIES 2007-OA4 TRUST, ("Plaintiff'), by and through its attorney of
2 record, and Defendant CITY OF ASHLAND ("Defendant"), the COURT FINDS AS
3 FOLLOWS;
4 STIPUIA'> ED FINDINGS OF FACT:
5 2,
6 PROMISSORY NOTE: Plaintiff is the holder of a certain promissory note (the "Note")
7 which is secured by a deed of tnist (the "Deed of Trust") encumbering real property
8 commonly known as 271 North Mountain Ave, Ashland, OR 97520, in Jackson County,
9 Oregon (the "Property" or "Subject Property").
` 10 3.
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0 11 SUBJECT PROPERTY: The Property is legally described as provided by the attached
a o 12 Exhibit I and having APN/Parcel 0010061141.
0 13 4
J M 14 SENIOR DEED OF TRUSS The Deed of Trust was recorded in the official records of
S 15 JACKSON County, Oregon on 3/19/2007 as Instrument No, Instrument No. 2007-013050.
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0 17 JUNIOR LIEN: Defendant holds a valid and subsisting lien against the Subject Property
18 by virtue of a Judgment Lien dated 12/03%201 1 with Jackson County Case #110302765
19 ("Defendant's Lien").
20 6.
21 Plaintiff, by its Complaint for Judicial Foreclosure of Real Property, seeks inner alia a
22 judgment for foreclosure of its Deed of Trust and declaring its Deed of Trust to be superior to
23 Defendant's Lien.
24 7.
25 There is no just reason ford elay of the entry of a Limited Judgment as to Defendant.
26 Now, therefore,
Page 2 - STIPULATED LIMITED JUDGMENT OF FORECLOSURE AS TO
DEFENDANT CITY OF ASHLAND
77333933.1 0052161-Ot9Si
1 3.
2 IT IS HEREBY ADJUDGED that Plaintiff shall have judgment as follows:
3 1. Plaintiff's Deed of Trust is a valid lien upon the Subject Property and that lien
4 is superior to Defendant's Lien.
5 2. Defendant's Lien is a valid and subsisting lien against the Subject Property.
6 3. In the event a General Judgment of Foreclosure is entered herein, Defendant's
7 interest in the Subject Property shall be foreclosed in the manner provided by law, excepting
8 any statutory right of redemption upon Sheriff's sale. Defendant shall be permitted to be a
9 bidder at any Sheriff's sale of the Subject Property and shall retain any rights to surplus funds
10 from such a Sheriff's sale which are in excess of those distributed to senior liens.
° 11 4. Defendant shall be bound by any General Judgment entered by the Court
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0 12 herein that does not contravene this Stipulated Limited Judgment.
j ° w 13 5. No money award of any form shall be awarded to either Plaintiff or Defendant
14 as against each other as a result of the entry of this Stipulated Limited Judgment.
15 6. This Stipulated Limited Judgment shall inure to the benefit of Plaintiff and
16 Defendant, their successors and/or assigns.
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Signed: 121161201409:13 AM
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20 CIRCUIT COURT JUDGE
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Page 3 - STIPULATED LIMITED JUDGMENT OF FORECLOSURE AS TO
DEFENDANT CITY OF ASHLAND
77333935.10052161-01955
I IT IS SO STIPULATED:
2 STOEL RIVES LLP CITY OF ASHLAND
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~ lAN #
At D VAR OSB No, 012492 DAVID fOH ' OSB 814841
5 20 E Main St
CRYSTALS, CHASE, OSB No. 093104
6 900 SW Fifth Avenue, Suite 2600 Ashland, OR 97520
Portland, OR 97204 Phone: 541 488-5350
7 (503) 224-3380 Fax: 5,11 552-2092
aedwards@stoel,conl Email: david,lottlllan @ashland.or.us
8 cschase@stoel.con1
9 Of Attorneys for Plaintiff Attorney for Defendant City of Ashland
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W q DAVE KANN 'R
5 10 I3 City Administrator
(El ° 20 East Nfain Sheet
M 1 `1 Phone: 5,11-488-6002
IS Ashland, Oregon 97520
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> ry
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fi City Administrator, City of Ashland
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Pagel - STIPULATED LIMITED JUDQ3'yIENT OF FORECLOSURE AS TO
DEFENDANT CITY OF ASHLAND
77333935.1 0052161.01935
I CERTIFICATE OF SERVICE
2 1 hereby certify that I served the foregoing STIPULATED LIMITED JUDGMENT
3 OF FORECLOSURE AS TO DEFENDANT CITY OF ASHLAND on the following
4 named person(s) on the date indicated below by
5 D mailing with postage prepaid
6 ❑ hand delivery
7 ❑ facsimile transmission
8 ❑ overnight delivery
9 ❑O email
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10 to said person(s) a true copy thereof, contained in a sealed envelope if by mail, addressed to
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11 said person(s) at his or her last-known address(es) indicated below.
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h 12 Rich Billin David Lohman
o g Richard Billin Attorney at Law City of Ashland
13 812 Bennett Road 20 E. Main Street
Medford, OR 97504 Ashland, Oregon 97520
a ~ M 14
rich@billinpc.com david.lohmangashland.or.us
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v' ¢ Attorney for Defendant Lisa Mae Attorney for Defendant City of
16 Grant A/K/A Lisa M. Grant A/K/A Ashland
17 Lisa Grant
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DATED: December 12, 2014.
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s/Amy Edwards
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AMY EDWARDS, OSB No. 012492
21 aedwards a stoel,com
CRYSTAL S. CHASE, OSB No. 093104
22 cschase a stoel.com
23 Of Attorneys for Plaintiff
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Page I - CERTIFICATE OF SERVICE
77333935.1 0052161-01955