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HomeMy WebLinkAbout1999-185 Trust Deed - HudsonCITY OF ASHLAND Office of the City Attorney 20 East Main, Ashland, OR 97520 October 29, 1999 (541) 488-5350 - t (541) 488-5311 - Fax Paul Nolte, City Attorney Sharlene P. Stephens, Legal Assistant Paula Murphy Reconveyance Department Jackson County Title 502 West Main Street Medford, OR 97501 Re: Collection Account 11957 City of Ashland/Hudson As requested by Judy Sauder in her letter dated October 18, 1999, enclosed are the following documents: Original Promissory Note dated January 31, 1996, Original Trust Deed recorded as No. 96-04117, and Request for Full Reconveyance executed by Jere H. Hudson and RobertsL. Hudson. Also included is a $65.00 reconveyance and recording fee that is included in check no. 2667, which includes payment for two other invoices. Please forward this check to the proper department for processing. If you have any questions, please call me at 541-552-2002. Thank you. Kathy Griffin Administrative Secretary cc: ,~. Christensen P. Caldwell Enclosures E-Mail Addresses: paul@ashlandor. us ~'~ sharlene@ashland.or,us October 18, 1999 City of Ashland 20 E. Main Street Ashland, OR 97520 Attn; Paul Nolte Re: Collection Account 11957 City of Ashland/Hudson Dear Mr. Nolte: The above referenced Collection account was paid in full per the letter fi'om Jere Hudson dated September 30, 1999. We are therefore forwarding to you the following: 1. Original Promissory Note dated January 31, 1996 2. Original Trust Deed recorded as No. 96-04117 3. Request for Full Reconveyance executed by Jere H. Hudson and Roberta L. Hudson In order to prepare and record a Deed of Reconveyance you will need to forward the enclosed documents along with a check in the amount of $65.00 ($50.00 reconveyance fee and $15.00 recording fee.) to the Reconveyance Department (Attn: Paula Murphy). Please do not hesitate to contact the undersigned if you have any questions regarding the enclosed, or if we can be of any additional service to you. Sincerely, JACKSON COUNTY TITLE DIVISION :iTLE ,::CE)T:Y . count Se~g Department Enclosures Cc: File 502 WEST MAIN STREET MEDFORD OR 97501 (541)779-2813 rt r ']' t 9 199q CITY Of ASHLAND, OREGON ACCOUNTS PAYABLE CHECK NO. 0 0 0 2 6 6 7 ~ovember [1/01/99 Land Payment for Swanson Pr 0.00 3.015.2I Synda [1/01/99 Land Payment for Synda Paym 0.00 4,486.86 ludson recon 10/21/99 Reconveyance Fee 0.00 50.00 Recording Fee 0.00 I5.00 PLEASE DETACH BEFORE DEPOSITING ,~ .........L:,~,~ US BANK '~~t,~.~.F ASHLAND BRANCH OF2: ASHLAND, OREGON 97520 CITY ASHLAND .... VE.,~,~R !DATE CHiECK 20;E. :M;AtN ST. NUMBER . : ... NUMBER ~; ../,,,~y ASHLAND, OR 97520 0 0 0 0 9 6 i 0 /2 9 / 9 9 0 0 0 2 6 24-22 1230 · · 'CHECK AMOUNT 7.567.07 PAY Seven Thousand Five Hundred Sixty Seven Dollars and Seven Cents TOTHE JACKSON CO. TITLE DIVISION CONTINENTAL LAND TITLE CO ORDER P 0 BOX 218 OF NEDFORD, OR 97501 "'~&&?"' m:&~]OOOaPOm: iS]r-ciOEtO&O?ciu' ~OttM No ill -I.--Oregon Trust Deed Serie~TRU,S,T' DEEDiNe ,rustrlcHep~m_sJln___n_~n._t)2 ....... COPYRIGHT IgIZ ITB:VliNI,NI~II lAW PUBLISHING GO.. PORTLAND. (]z~ .__ I~1, 96-04117 TRUST DEED LA-65955~7T'' TH~S TRUSTDEED, made this 31 day of January 19 96 between ............................................................................................................................................................................................. · as Grantor~ CONTINENTAL LAWYERS TITLE COMPANY, a California Corporation asTrustee and surv~vor thereof whose address ~s: 1~5 St:a~berr Lane ................................................................................................... -y--- ~ ................. , as BeneHc~ary, WITIVESSBTH: O~egon 97520 Grantor irrevocably grants, bargains, sells and conveys to trustee in trust, with power of sale, the property in ..j_..a. 9 k. ~_.o.D. .................................... County, Oregon, described as: See Exhibit "A" Attached hereto i: together with all and singular the tenements, hereditaments and appurtenances and all other rit~hts thereunto belor~in~ or in anywise now or hereafter appertainin~, and the rents, issues and profits thereof and all fixtures now or hereafter attached to or used in cormection with the property. of QNE HUNDRED FORTY FOUR THOUSAND AND ~[,~o~e~e~n,c~{~~v~n~f,t~e,~m ....... ~ ........ ~ ........ Do]Jars, w]~h /n~erest fher~n accord[n~ ~o the ~erms of a prom[~ry no~e of even da~e herewjth, ~yab[e to be~/[c[ary or order and made by ~ran~or, the Hnai paymen~ o[ pr]nc[pa[ and interest hereof, H not s~ner pa]d, ~o be due and payable -January----31 ................... ~,,--20 0 6 The da~e of matudty of the debt secured by thjs [nstrumenf ]s the dafe, s~ated above, on which the []na] [nstaHment of ~he note becomes due and payab]e. To protec~ the se~r]ty of th]s ~rus~ deed, ~ran~or a~rees: 1. To protect, preserve and maintain the pro~r~y jn ~ condition and repa[r; not ~o remove or demolish any buHd[n~ or provement thereon; not ~o comm]t or ~rmjt any waste of the property. 2. To comp[ete or restore promptly and ]n ~ a~ hab[~ab]e cond]tjon any buHd[n~ or jmprovemen~ which may be cons~ruc~ed, dama~ or destroyed ther~n, and pay when due all cos~s ~ncurred ~herefor. ' 3. To comply wjth aN ]awe, ordinance, redu]aHons, covenants, conditions and resfrjcHom affect[nE the properly; if the beneHc[ary so requests, to jo[n ~n exe~f]n~ ~ch [jna~[n~ statements pur~ant fo the Uniform Commercial C~e as the bene~[c[ary may require and to pay for fj]jn~ same ]n the pro~r public olHce or allies, as well as the cost of aN Hen ~arc~es made by HHn~ oHicers or search[~ a~encjes as may ~ d~med desirable by the ~neHciary. damage by fire and such o~her hazards as the beneficiary may from tjme to 6me require, ~n an s written in companies acceptable ~o the ~neficiary, wjfh loss payable to the latter; all policies of insuran~ shah be delivered fo the bene- ficiary as s~n as insured; if the ~rantor shah fail for any reason fo prate any ~ch ]n~ran~ and fo deliver the policies to ~he beneHcjary at least fifteen days prior to the expiration of any policy of instance now or hereafter plaid on the buildings, fhe beneficiary may pro- cure the sa~ at ~rantor's expend. The amount co]lected under a~ fire or other in~rance policy may be applied by beneHcjary upon any ]ndebf~ness ~red hereby and in such order as beneficiary may determine, or af option o[ beneficiary the entire amount so collecled, or any part thereof, may be released fo ~ranfor. Such appHcaHon or release shall mt cure or waive any default or nofj~ o[ default here- under or invalidale any act done pursuant to such noHce. 5. To keep t~e property free from cons~rucHon liens and ~o pay aN taxes, assessments and other char~es that may be levied or assessed upon or a~ainsf fhe pro~rty before any part o[ ~ch taxes, assessments and other char~es become past due or delinquent and promptly deliver receipts fherefor to beneHciary; should the ~rantor fall to make payment of any taxes, assessments~ insurance premiums, liens or olher char~es payable by ~ranfor, either by direct payment or by providin~ beneficiary wit~ funds wifh which to make such pay- men~, beneHcjary may, a~ Hs option, make paymenf thereof, a~ the amounf so paid, with infereel at the tale set forta in the note secured hereby, faCether with the obHEations described in parsEraphs 6 and 7 of this frusf de~, shall be added ~o and become a part of the debt secured by this trust deed, wifhou~ waiver of any ri~hfs arjsin~ ~rom breach of any of the covenanfs aereof and for suc~ payments, with interes~ as aforesaid, the properfy ~ereinbefore described, as well as the Erantor, 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 fhereol shall, at the opfjon of the be~Hciary, render all mms secured by this frusf deed immediately due and pay- able and constitute a breach of fhls trust deed. 6. To pay all costs, fees and ex~nses of fhis tmsf includinE the cost of title search as well as the other costs and expenses o[ the trust~ i~urred ]n connection wifh or in enforcinE this obligation and frustee's and attorney's f~s actually incurred. 7. To appear in and defend any action or proceedin~ purporHnE to aff~f ~he se~ri~ rights or powers of beneficiary or trusfee; and in any suH, acHon or pr~eedin~ in which t~e ~neHc[ary or fmst~ may ap~ar, i~ludinE any ~it for t~e [or~losure of this d~d, to pay all costs and expends, inciudi~ eviden~ of title and the beneficiary's or frustee's atforney's fees; the amounf of attor~y's fees mentioned in fhls para~rap~ 7 in aN cases shall be fixed by the trial court and in fhe event of an ap~al from any judgment or decr~ of the trial c~rt, ~ranfor turfher a~rees to pay mch sum as the apeHate court shah ad}ud~e reasonhie as the beneficiary's or frustee's at- forney's fees on such ap~ai. It is mutually aEreed that: 8. in the event thaf any portion or all of the pro~rty shall be faken under the riEht of eminen~ domain or condemnation, bene- ficiary shall have the right, if it so elects, to r~uire that aN or any ~rtion of the monies payable as compensation for such takin~, NOTE: The Trait Deea Ace provides thor ~e trustee hereunder must be either an attorney, who is on active member of the Oregon State Bur, o bunk, trust company or sovings and loan msociotlon authorized to do business under the lows of Or~on or the Unil~ States, o title insurance company outbu- r]zeal to insure title to ~ol prope~ of this state, its subsidiaries, uffilioles, agents or brunches, the Untied Stoles or any agency thereof, or on escrow agent licensed under ORS 696.505 fo 696.585. TRUST DEED CITY OF ASHLAND JE~E H. HUDSON ................................................................................... ............................................................................. h~ticio~ Jackson County Title Division "3 7 0 't 'W 9' ......................................................................................... SPACE RESERVED FOR RECORDER'S USE I certify that the within instrument was received tot record on the .......... day of ................................................,19 ........, at .................. o' clock ......M., and recorded in book/reel/volume No ................... on page ........................ and/or as fee/iile/instru- ment/microtil receptign No ................. , Record of .................. -x::':- of said County. W~tness y hand and seal of County af~ NAME TITLE By ......: .........: ................................., Deputy which are 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 reasonable costs and expenses and attorney's zcees, both in the trial and appellate courts, necessarily paid or incurred by beneficiary in such proceedings, and the balance applied upon the indebted- hess 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 the property; (b) join in granting any easement or creat- ing any restriction thereon; (c) join in any subordination or other agreement affecting this deed or the llen 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 ~" .; legall}' entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustee's fees !or 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 the 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 attorney's tees upon any indebtedness secured hereby, and in such order as beneticiary may determine. 11. The entering upon and taking possession of the property, the collection of such rents, issues and profits, or the proceeds of fire and other insurance policies or compensation or awards for any taking or damage ot the property, 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 grantor' s 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 beneliciary may elect to proceed to toreclose 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 bene- ficlary or the trustee shall execute and cause to be recorded a written notice of default and election to sell the property to satisfy the obliga- tion secured hereby whereupon the trustee shall fix the time and place of sale, give notice thereof as then required by law and proceed to toreclose this trust deed in the manner provided in ORS 86.735 to 86.795. 13. After the trustee has commenced loreclosure 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 ot a tailure to pay, when due, sums secured by the trust deed, the dotsuit may be cured by paying the entire amount due at the time ot the cure other than such portion as would not then be due had no detault 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 de- tault or delaults, the person ettecting the cure shall pay to the beneficiary all costs and expenses actually incurred in eniorclng the obligation oI the trust deed together with trustee's and attorney's fees not exceeding the amounts provided by law. 14. Otherwise, the sale shah be held on the date and at the time and place designated in the notice of sale or the time to which the sale may be postponed as provided by law. The trustee may sell the 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 forr~ as required by law conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in the deed ot any matters of fact shall be conclusive proof of the truthtulness 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 heroin, trustee shall apply the proceeds of sale to payment ot (1) the ex- penses 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 interest ot 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 ~rantor or to any successor in interest entitled to such surplus. 16. Beneficiary may from time to time appoint a successor or successors to any trustee named heroin 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 heroin named or appointed hereunder. Each such appointment and substitution shall be made by written instrument executed by beneticiary, which, when recorded in the mortgage records ot the county or counties in which the property is situated, shall be conclusive proof oI proper appointment of the successor trustee. 17. Trustee accepts this trust when this deed, duly executed 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 ot trust or of any action or proceeding in which grantor, beneIiciary or trustee shall be a party unless such action or proceeding is brought by trustee. The grantor covenants and agrees to and with the beneliclary and the beneflciary's successor in interest that the grantor is lawfully seized in tee simple of the real property and has a valid, unencumbered title thereto and that the ~rantor will warrant and forever defend the same against all persons whomsoever. 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 ~rantor is a natural person) are for business or comn~ercial 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 heroin. In construing this morti~a~e, 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, the grantor has executed this instrument the day and year first above written. * IMPORTANT NOTICE: Delete, by lining out, whichever warranty {a) or (b) is 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 Z, the beneficiary MUST comply with the Act and Regulation by making required disclosures; for this purpose use Stevens-Ness Form No. 1319, or equivalent. CITY OF ASHLAND ...... -A-'-Mu '-ci-p-a-t---Corpora-t-ion ........................... If compliance with the Act is not requlred, disregard this notice, ....... ::'. ..........i: ........... ...... ............................................. ...................................................................................................................................................... ASHEAND My commission expires ........ ~..~,~,~..~_.,._.,,,___,,.._,....__.._..,.,~ REQUEST FOR FULL RECONVEYANCE ITo be used only when obligations have been paid.) TO: .............................. , Trustee The undersi~ned is the ]egal owner and holder of all indebtedness secured by the foregoln~ trust deed. All sums secured by the trust deed have been fully paid and satisfied. You hereby are directed, on payment to you of any sums owir~ 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 rodether 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' ..................... · ]9 ......................................................... ; ........................ Do not lose or'destroy this Trust Deed OR THE NOTE which it secures. i, Both must be delivered to the trustee for cancellation before recon. v,syance will be made. BenefiGiary . PROMISSORY NOTE $144,000.00 I/WE, Medford, Oregon ~n ~7 5! , 1996 JOINTLY AND SEVERALLY, PROMISE TO PAY TO THE ORDER OF JERE H. HUDSON and ROBERTA L. HUDSON, husband and wife or the survivor thereof now of record AT PLACE DESIGNATED BY BENEFICIARY, THE SUM OF ONE HUNDRED FORTY FOUR THOUSAND AND N0/100 DOLLARS, WITH INTEREST THEREON AT THE RATE OF 6 PERCENT PER ANNUM FROM FEBRUAEY 8th, 1996 UNTIL PAID, PRINCIPAL AND INTEREST PAYABLE IN AUNAL INSTALLMENTS OF NOT LESS THAN $19,565.00 IN ANY ONE PAYMENTi EACH PAYMENT AS MADE SHALL BE APPLIED FIRST TO ACCUMULATED INTEREST AND THE BALANCE TO PRINCIPAL; THE FIRST PAYMENT IS TO BE MADE ON THE 31st DAY OF JANUARY , 1997, AND A LIKE PAYMENT ON THE SAME DAY OF EACH JANUARY THEREAFTER, UNTIL 31stDAY OF JANUARY 2006, WHEN THE WHOLE UNPAID BALANCE HEREOF, IF ANY, SHALL BECOME DUE AND PAYABLE; IF ANY OF SAID INSTALLMENTS IS NOT SO PAID, THE WHOLE SUM OF BOTH PRINCIPAL AND INTEREST TO BECOME IMMEDIATELY DUE AND COLLECTIBLE AT THE OPTION OF THE HOLDER OF THIS NOTE. IF THIS NOTE IS PLACED IN THE HANDS OF AN ATTORNEY FOR COLLECTION, I/WE PROMISE AND AGREE TO PAY HOLDER'S REASONABLE ATTORNEY'S FEES AND COLLECTION COSTS OF THE HOLDER HEREOF, AND IF SUIT OR ACTION IS FILED HEREON, ALSO PROMISE TO PAY (1) HOLDER'S REASONABLE ATTORNEY'S FEES TO BE FIXED BY THE TRIAL COURT AND (2) IF ANY APPEAL IS TAKEN FROM ANY DECISION OF THE TRIAL COURT, SUCH FURTHER SUM AS MAY BE FIXED BY THE APPELLATE COURT, AS THE HOLDER'S REASONABLE ATTORNEY'S FEES IN THE APPELLATE COURT. THERE SHALL BE NO PREPAYMENT PENALTY. THIS NOTE IS SECURED BY A DEED OF TRUST OF EVEN DATE HEREWITH WHICH CONTAINS A CONSENT CLAUSE. CITY OF ASHLAND, A MUNICIPAL CORPORATION 96-04117 LAND DESCRIPTION Commencing at the ACCEPTED Quarter corner common to Sections 5 and 8, Township 39 South, Range 1 East of the Willamette Base ~ and Meridian, Jackson County, Oregon being monumented with a 1 inch diameter galvanized iron pipe with 2.5 inch diameter brass cap; THENCE South 00 degrees 13 minutes 53 seconds East for a distance of 1333.07 feet to a 5/8 inch iron rod situated at a point common to those Boundary Lines by Agreement recorded as Document Nos. 78-11551, 78-09396 and 78-07062 of the Official Records of Jackson County, Oregon; THENCE North 89 degrees 36 minutes 42 seconds East along that Boundary Line by Agreement last referred to hereinabove for a distance of 255.775 feet to a 5/8 inch iron rod; THENCE continuing along said Boundary Line by Agreement, North 00 degrees 41 minutes 17 seconds West for a distance of 5.215 feet to a 5/8 inch iron rod situated in the East-West centerline of the Northeast quarter of Section 8, said Township and Range; THENCE South 89 degrees 56 minutes 07 seconds East along said East-West centerline of the Northeast quarter of Section 8, for a distance of 296.44 feet to a found 5/8 inch iron rod situated at the Northwest corner of Parcel No. 2 of that MINOR LAND PARTITION filed for record the 25th day of October, 1978 and recorded in Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County, Oregon; THENCE South 01 degree 56 minutes 46 seconds West along the Westerly boundary line of Parcel No. 2 of the hereinabove referred to MINOR LAND PARTITION for a distance of 276.06 feet to the TRUE POINT OF BEGINNING; THENCE leaving said Westerly boundary line, South 89 degrees 56 minutes 07 seconds East for a distance of 238.62S feet to a 5/8 inch iron rod situated at the Northwest corner of Parcel No. 1 of that Land Partition Survey filed for record the 6th day of February, 1996 and recorded as Partition Plat No. P-15-1996 of the Records of Partition Plats in Jackson County, Oregon, Index Volume 7 at Page 15; THENCE South 00 degrees 00 minutes 00 seconds East along the Westerly boundary line of said Parcel No. 1 for a distance of 232.34 feet to a found 5/8 inch iron rod situated in the Northeasterly right of way line of Strawberry Lane, said right of way line being established on that MINOR LAND PARTITION filed for record the 25th day of October, 1978 and recorded in Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County, Oregon; THENCE North 73 degrees 30 minutes 00 seconds West along said Northeasterly right of way line for a distance of 150.74 feet to a 5/8 inch iron rod; THENCE along a curve to the left having a radius of 247.000 96-04117 Hudson to City of Ashland Page 2 feet, a central angle of 22 degrees 20 minutes 00 seconds and an arc length of 96.28 feet, being subtended by a chord of North 84 degrees 40 minutes 00 seconds West for a distance of 95.67 feet to a 5/8 inch iron rod situated in the Northwesterly right of way line of Strawberry Lane; THENCE continuing along said right of way line, South 84 degrees 10 minutes 00 seconds West for a distance of 5,025 feet to a 1 by 30 inch galvanized iron pipe situated at the Southwest corner of Parcel No. 2 of that MINOR LAND PARTITION filed for record the 25th day of October, 1978 and recorded in Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County, Oregon; THENCE leaving said Northwesterly right of way line, North 01 degrees 56 minutes 46 seconds East along the Westerly boundary line of the last hereinabove referred to Parcel No. 2 for a distance of 181.515 feet to the point of beginning. ALSO INCLUDING, a tract of land more fully described as follows: Commencing at the Northwest corner of that tract of land as set forth hereinabove; THENCE South 89 degrees 56 minutes 07 seconds East for a distance of 247.81 feet (deed record South 89 degrees 56 minutes 07 seconds East for a distance of 247.82 feet) to a 5/8 inch iron rod situated in the Southwesterly easement line of a Natural Drainage Way Easement as set forth on that MINOR LAND PARTITION filed for record the 25th day of October, 1978 and recorded in Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County, Oregon; THENCE along said Southwesterly and Southerly easement line the following courses: THENCE South 54 degrees 03 minutes 43 seconds East for a distance of 47,045 feet to a 5/8 inch iron rod; THENCE South 74 degrees 39 minutes 14 seconds East for a distance of 107.58 feet to a 5/8 inch iron rod; THENCE South 88 degrees 18 minutes 27 seconds East 79,565 feet to a 5/8 inch iron rod situated at the Northeast corner of Parcel No. 1 of that Land Partition Survey filed for record the 6th day of February, 1996 and recorded as Partition Plat No. P-15- 1996 of the records of Partition Plats in Jackson County, Oregon, Index Volume 7 at Page 15, and being the TRUE POINT OF BEGINNING; THENCE continuing North 88 degrees 18 minutes 27 seconds East for a distance of 7.585 feet to an angle point; THENCE North 88 degrees 29 minutes 30 seconds East for a distance of 126.56 feet to a point in the new Westerly right of way line of Ditch Road as set forth on that MINOR LAND PARTITION filed for record the 25th day of October, 1978 and recorded in 6-04117 Hudson to City of Ashland Page 3 Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County,1 Oregon; THENCE leaving said Natural Drainage Way Easement boundary line, along said Westerly Road right of way line the following courses: THENCE South 10 degrees 49 minutes 35 seconds West for a distance of 43,215 feet to a found 5/8 inch iron rod; THENCE along a curve to the right having a radius of 200,000 feet, a central angle of 12 degrees 16 minutes 00 seconds and an arc length of 42.815 feet, being subtended by a chord of South 16 degrees 57 minutes 35 seconds West for a distance of 42.74 feet to a found 5/8 inch iron rod; THENCE South 23 degrees 05 minutes 35 seconds West for a distance of 31,035 feet to a found 5/8 inch iron rod; THENCE along a curve to the left having a radius of 150,000 feet, a central angle of 26 degrees 22 minutes 00 seconds and an arc length of 69.025 feet, being subtended by a chord of South 09 degrees 54 minutes 35.0 seconds West for a distance of 68.42 feet to a 5/8 inch iron rod; THENCE South 03 degrees 16 minutes 25 seconds East for a distance of 64.01 feet to a found 3/4 inch galvanized iron pipe situated at the Northeast corner of that tract of land as set forth in Document No. 92-00566 of the Official Records of Jackson County, Oregon; THENCE leaving said Westerly Road right of way line, North 89 degrees 54 minutes 40 seconds West along the Northerly boundary line of that tract of land as referred to in said Document No. 92- 00566 of said Official Records for a distance of 258.22 feet to a found 3/4 inch galvanized iron pipe situated at the Northwest corner thereof; THENCE leaving said tract of land along the Northeasterly right of way line of Strawberry Lane as set forth on that MINOR LAND PARTITION file for record the 25th day of October, 1978 and recorded in Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County, Oregon, along a non-tangent curve to the left having a radius of 97.000 feet, a central angle of 23 degrees 13 minutes 47 seconds and an arc length of 39.33 feet, being subtended by a chord of North 27 degrees 55 minutes 08 seconds West for a distance of 39.06 feet to a 5/8 inch iron rod situated at the South-Southwest corner of Parcel No. 1 of that Land Partition Survey filed for record the 6th day of February, 1996 and recorded as Partition Plat No.P-15-1996 of the Records of Partition Plats in Jackson County, Oregon, Index Volume 7, Page 15; THENCE leaving said Northeasterly right of way line, South 89 degrees 54 minutes 40 seconds East along the Southerly boundary line of said Parcel No. 1 for a distance of 183.29 feet to a 5/8 inch iron rod; 9 -04117 Hudson to City of Ashland Page 4 THENCE North 00 degrees 00 minutes 00 seconds East along the Easterly boundary line of said Parcel No. 1 for a distance of ~ 205.44 feet to the point of beginning. Together with and subject to covenants, easements, and restrictions of record and those apparent on the land. Said property contains 1.825 acres, more or less. GRANTORS: Jere H. Hudson Roberta L. Hudson, h & w Grantee: City of Ashland, a Municipal Corporation of the State of Oregon February 7, 1996 ref: Hudson3.1eg Jack,on tZou.~, Oregon Recorded D~ICIAL RPCORDS ',/0 0 8 1996 M REQUEST FOR FULL RECONVEYANCE TO BE USED ONLY WHEN OBLIGATIONS HAVE BEEN PAID. TOCONTINENTAL LAWYERS TITLE COMPANY a California Corporation : ' , TRUSTEE The undersigned is the legal owner and holder of all indebtedness secured by Trust Deed dated JANUARY 31, 1996 recorded as Instrument No. 96-04117 of the Offi~i~dRecords of Jackson County, Oregon, on FEBRUARY 8, 1996 All sums secured by said Trust Deed have been fully paid and satisfied. You are hereby 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 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: Dated: ~a/rY~~JE~E H. HUDSON ~OBERTA L. HUDSON