HomeMy WebLinkAbout2013-429 Deed of Reconveyance - Christian
FORM No. 887-Oregon Trust Deed Series-TRUSTr 1~
GoPYAIG HT 19: %!3 JS-HESS LAW Pl18LI5HING CO., PO FTLAN D, oA 9720<
91-27694 TRUST DEED LT_ L
THIS TRUST DEED, made this of
:1-----,?
I9.... 91., between
t
----...Liza ---K....--Chxisti.an...... f
as Grantor, .--.C.ontiaelLta1--.L[aw.y.ers---Title ....Company........ , as Trustee, and
------......C it-y... af...As.hland.,--..a.--muai..cipal...c.orporatian
------------20---- .ast...Mai-a..,S.treet.,-.-Ashland.,----Olt.---.9..7.5-Z0............
as Beneficiary,
WITNESSETH:
Grantor irrevocably grants, bargains, sells and conveys to trustee in trust, with power of sale, the property
in [Iacks-an.--------------- County, Oregon, described as:
Lot 39 in GREENSPRINGS SUBDIVISION in Jackson County, Oregon, according
to the Official plat thereof, now of record.
together with all and singular 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 connec-
tion with said real estate.
FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the
sum of (•.$..4.,.J~.O.O..._O.D-).... Four ...tho-usand dall-ar-s---- and _n.o-/ 10-0------------------*---
. Dollars, with interest thereon according to the terms of a promissory
note of even date herewith, payable to beneficiary or order and made by grantor, the final payment of principal and interest hereof, if
not sooner paid, to be due and payable upon ...s.ale....or..... r.ans_fe-r-, 19
The date of maturity of the debt secured by this instrument is the date, stated above, on which the final 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 granting any easement or creating any restriction thereon; (c) join in any
and repair; not to remove or demolish any building or improvement thereon; subordination or other agreement affecting this deed or the lien or charge
not to commit or permit any waste of said property. thereof; (d) reconvey, without warranty, all or any part of the property. The
2. To complete or restore promptly and in good and workmanlike grantee in any reconveyance may be described as the "person or persons
manner any building or improvement which may be constructed, damaged or legally entitled thereto," and the recitals therein of any matters or facts shall
destroyed thereon, and pay when due all costs incurred therefor. be conclusive proof of the truthfulness thereof. Trustee's fees for any of the
3. To comply with all laws, ordinances, regulations, covenants, condi- services mentioned in this paragraph shall be not less than $5.
tions and restrictions affecting said property; if the beneficiary so requests, to 10. Upon any default by grantor hereunder, beneficiary may at any
join in executing such financing statements pursuant to the Uniform Commer- time without notice, either in person, by agent or by a receiver to be ap-
cia7 Code as the beneficiary may require and to pay for filing same in the pointed by a court, and without regard to the adequacy of any security for
proper public office or offices, as well as the cost of all lien searches made the indebtedness hereby secured, enter upon and take possession of said prop-
by filing officers or searching agencies as may be deemed desirable by the erly or. any part thereof. in its own name sue or otherwise collect the rents,
beneficiary. issues and profits, including those past due and unpaid, and apply the same,
4- To provide and continuously maintain insurance on the buildings less costs and expenses of operation and collection, including reasonable a[tor-
now or hereafter erected on the said premises against loss or damage by fire net's tees upon any indebtedness secured hereby, and in such order as bene-
and such other hazards as t e ~(K tary~ ppl~ay from time to time require, in ficiary may determine.
an amount not less than $.:?--,-~-U-.11-.•-S./.Uay.................................. written in ll. The entering upon and taking possession of said property, the
companies acceptable to the beneficiary, with loss payable to the latter; all collection of such rents, issues and profits, or the proceeds of fire and other
policies of insurance shall be delivered to the beneficiary as soon as insured; insurance policies or compensation or awards for any taking or damage of the
if the grantor shall fail for any reason to procure any such insurance and to property, and the application or release thereof as aforesaid, shall not cure or
deliver said policies to the beneficiary at least fifteen days prior to the expira- waive any default or notice of default hereunder or invalidate any act done
tion of any policy of insurance now of hereafter placed on said buildings, pursuant to such notice.
the beneficiary may procure the same at grantor's expense. The amount 12. Upon default by grantor in payment of any indebtedness secured
collected under any fire or other insurance policy may be applied by beneli- hereby or in his performance of any agreement hereunder, time being of the
ciary upon any indebtedness secured hereby and in such order as beneficiary essence with respect to such payment and/or performance, the beneficiary may
may determine, or at option of beneficiary the entire amount so collected, or declare all sums secured hereby immediately due and payable. In such an
any part thereof, may be released to grantor. Such application or release shall event the beneficiary at his electron may proceed to foreclose this trust deed
not cure or waive any default or notice of default hereunder or invalidate any in equity as a mortgage or direct the trustee to foreclose this trust deed by
act done pursuant to such notice. advertisement and sale, or may direct the trustee to pursue any other right or
5. To keep said premises free from construction liens and to pay all remedy, either at law or in equity, which the beneficiary may have. In the event
taxes, assessments and other charges that may be levied or assessed upon or the beneficiary elects to foreclose by advertisement and sale, the beneficiary or
against said property before any part of such taxes, assessments and other the trustee shall execute and cause to be recorded his written notice of default
charges become past due or delinquent and promptly deliver receipts therefor and his election to sell the said described real property to satisfy the obligation
to beneficiary; should the grantor fail to make payment of any taxes, assess- secured hereby whereupon the trustee shall fix the time and place of sale, give
ments, insurance premiums, liens or other charges payable by grantor, either notice thereof as then required by law and proceed to foreclose this trust deed
by direct payment or by providing beneficiary with funds with which to in the manner provided to ORS 86.735 to 86.795.
make such payment, beneficiary may, at its option, make payment thereof, 13. After the trustee has commenced foreclosure by advertisement and
and the amount so paid, with interest at the rate set forth in the note secured sale, and at any time prior to 5 days before the date the trustee conducts the
hereby. together with the obligations described in paragraphs 6 and 7 of this sale, the grantor or any other person so privileged by ORS 86.753, may e
cur
trust deed, shall be added to and become a part of the debt secured by this the default or defaults. If the default consists o1 a failure to pay,
trust deed, without waiver of any rights arising from breach of any of the sums secured by the trust deed, the default may be cured by paying the
covenants hereo n such portion as would
f end for such payments, with interest as aforesaid, the prop- entire amount due at the time of the cure other tha
erty hereinbefore described, as well as the grantor, shall be bound to the not then be due had no default occurred. Any other default that is capable of
same extent that they are bound for the payment of the obligation herein being cured may be cured by tendering the performance required under the
described, and all such payments shall be immediately due and payable with- obligation or trust deed. In any case, in addition to curing the default or
out notice, and the nonpayment thereof shall, at the option of the beneficiary, defaults, the person effecting the cure shall pay to the beneficiary all costs
render all sums secured by this trust deed immediately due and payable and and ezpenses actually incurred in enforcing the obligation of the trust deed
constitute a breach of this trust deed. together with trustee's and attorney's fees not exceeding the amounts provided
6_ To pay all costs, fees and expenses of this trust including the cost by law.
well as the other costs and expenses of the trustee incurred 14. Otherwise, the sale shall be held on the date and at the time and
of in title connection search w as with welel in enforcing this obligation and trustee's and attorney's 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
fees actually incurred.
7. To appear in and defend any action or proceeding purporting to in one parcel or in separate parcels and shall sell the parcel or parcels at
affect the security rights or powers of beneficiary or trustee; and in any suit, auction to the highest bidder for cash, payable at the time of sale. Trustee
action or proceeding in which the beneficiary or trustee may appear, including shall deliver to the purchaser its deed in form as required by law conveying
any suit for the foreclosure of this deed, to pay all costs and expenses, in- the property so sold, but without any covenant or warranty, express or im-
cluding evidence of title and the beneficiary's or trustees attorney's lees; the plied. The recitals in the deed of any matters of fact shall be conclusive proof
amount of attorney's fees mentioned in this paragraph 7 in all cases shall be of the truthfulness thereof. Any person, excluding the trustee, but including
fixed by the trial court and in the event of an appeal from any judgment or the grantor and beneficiary, may purchase at the sale.
decree of the trial court, grantor further agrees to pay such sum as the ap- 15. When trustee sells pursuant to the powers provided herein, trustee
adjudge reaso nable as the beneficiary's or trustee's attor- shall apply the proceeds of sale to payment of (1) the expenses of sale, in-
penelllla ate fees court rt such shall adjuappeal. eluding the compensation of the trustee and a reasonable charge by trustee's
it is mutually agreed that: attorney, (2) to the obligation secured by the trust deed, (3) to all persons
having recorded liens subsequent to the interest of the trustee in the trust
8. In the event that any portion or all of said property shall be taken deed as their interests may appear in the order of their priority and (4) the
under the right of eminent domain or condemnation, beneficiary shall have the surplus, if any, to the grantor or to his successor in interest entitled to such
right, if it so elects, to require that all or any portion of the monies payable surplus.
as compensation for such taking, which are in excess of the amount required, 16. Beneficiary may from time to time appoint a successor or .ucces-
to pay all reasonable costs, expenses and attorney's fees necessarily paid or sors to any trustee named herein or to any successor trustee appointed here
to by grantor in such proceedings, shall be paid to beneficiary and under- Upon such appointment, and without conveyance to the successor
applied by it first upon any reasonable costs and expenses and attorney's fees, trustee, the latter shall be vested with all title, powers and duties conferred
both in the trial and appellate courts, necessarily paid or incurred by bene- upon any trustee herein named or appointed hereunder. Each such appointment
both y in such proceedings, and the balance applied upon the indebtedness and substitution shall be made by written instrument executed by beneticrar}•,
to take such actions which, when recorded in the mortgage records of the county or counties in
secured hereby; and grantor agrees, at its own expense,
and execute such instruments as shall be necessary in obtaining such com- which the property is situated, shall be conclusive proof of proper appointment
pensation, promptly upon beneficiary's request. of the successor trustee.
9. At any time and from time to time upon written request of bene- 17. Trustee accepts this trust when this deed, duly executed and
ficiary, payment of its fees and presentation of this deed and the note for acknowledged is made a public record as provided by law. Trustee is not
endorsement (in case of full reconveyances, for cancellation) without affecting obligated to notify any party hereto of pending sale under any other deed of
the liability of any person for the payment of the indebtedness, trustee may trust or oI any action or proceeding in which grantor, beneficiary or trustee
(a) consent to the making of any map or plat of said property; (b) join in shall be a party unless such action or proceeding is brought by trustee.
NOTE: The Trust Deed Act provides that the trustee hereunder must be either an attorney, who is an active rnember of the Oregon State Bar, a bunk, trust company
or savings and loan association authorized to do business under the lows 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.
i
9-tis4
The grantor covenants and agrees to and with the beneficiary and those claiming under him, that he is law-
fully seized. in fee simple of said described real property and has a valid, unencumbered title thereto this Trust
Deed is inferior to the Trust Deed recorded as Documents No. 75-09838, No.
76-22430, No.77-14557, No. 80-18054, No. 81-00236 as well as Volume 509 pg
123 dated June 20, 1961 and Volume 555 pg 111 dated October 17,1963 both
and that he will warrant and forever defend the same against all persons whomsoever.
* recorded in Deed Records of Jackson County Oregon.
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 (see Important Notice below),
(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 beneficiary shall mean the holder and owner, including pledgee, of the contract
secured hereby, whether or not named as a beneficiary herein. In construing this deed and whenever the context so requires, the masculine
gender includes the feminine and the neuter, and the singular number includes the plural.
IN WITNESS WHEREOF, said grantor has her`uptcr9'6''t'Me'ha~7d the day~-nt1 yeaz yirst above written.
M J
* IMPORTANT NOTICE: Delete, b lining out, whichever warranty a or
:not applicable; if warranty (a) is applicable and the beneficiary is a creditor
as such word is defined in the Truth-in-Lending Act and Regulation T, the '+"r•,
beneficiary MUST comply with the Act and Regulation by making required
disclosures; for this purpose use Stevens-Ness Form No. 1319, or equivalent.
If compliance with the Act is not required, disregard this notice.
STATE OF OREGON, County of daaks-Ori__--____-•_________________)Ss.
This instrument was acknowledged before me on 19________,
by ---------_L.iz.a---K------- hris.tzan -
instrument was acknowledged before me on 19____-__-,
by
-
of _
1 N o'I:.r RC5
i; t> i '~'9':i r+•:<' Fir S IF : S^ G ON , -------...--'--•--'•--•------'--••--•-----*--•--------'---------------------•----l
t• ~w;i ,t - `i,, ~.J~~~N Notary Public for Oregon
;~4y <ominissidri ix Aires My commission expires
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 said
trust 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
said trust deed or pursuant to statute, to cancel all evidences of indebtedness secured by said trust deed (which are delivered to you I
herewith together with said trust deed) and to reconvey, without warranty, to the parties designated by the terms of said trust deed the
estate now held by you under the same. Mail reconveyance and documents to
( f
DATED: . •
Beneficiary
Do not lose or destroy this Trust Daed'OR THE NOTE which it secures. Both must be delivered to the t,-sl-. for cancellation before reconveyance will be made.
TRUST DEED STATE OF OREGON,
(FORM No. 887) - County of Ss.
STEV ENS-NESS LAW PUB. co., POR TLAN O. ORE. I certify that the within instrument
-7eived for record an the..._._..._..day
19--•-
Jackson County, Oregon 'clock . M., and recorded
o
- Recorded
Grantor reellvolume No on
OFFICIAL RECORDS or as fee/file/instru-
+ l ~D Y icrofilm/reception No
_ 131991 M. f Mortgages of said County.
Beneficiary KATHLEEN S. BECKETT fitness my hand and seal of
AFTER RECORDING RETURN TO CUR~nd RECD DER affixed.
City of Ashland -
20 East epu r -
Main Street hr IF TITLE
\Ashland.; OR .:9;75.20
s---•--•-•- Deputy