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HomeMy WebLinkAbout2001-016 Trust Deed - KurtzNN 01 10688 TRUST DEED ASm.~ND OR 97520 ~'Fg - O~_-~A~I~- _ MILOREgOR ................ ~t.~I~ZI~AI.Z~ ..................................... Amr r.~nlq, mum ~ ~u.m~ji ~Mreas, Zip): _JA(:K_ _ _ p_A__V_~_ _S_a _ _~ _ bT_ ~_¥., ............ ....................... ii_ SPACE RESERVED FOR RECORDER'S USE STATE OF OREGON, County of .......................... I certify that th~within instrument was received for ~xording.,o6 .......................... , at .......... i_ ~gc~k ...... M., and recorded Jn book/reei/volume~ ........... on page ......... and/or as feclfi)~lin~mentlmicrofilm/rcception No ............ ,/Reeords~is County. Witness my hand and s~l of County affixed. By ....................................... , Deputy. __67, 2sox, , THIS TRUST DEED, made on ...... ~ ...................................................................... between SCOTI K~Z ', as Grantor, ................................... .J_A_. _~___D_A_~__I~:__A_ _.~__ _ _R~. _ ___A_.~___L~/___,_ ..................... L .................. as Trustee, a~d ................. -t:~r-x- - -0--~- - - -~-- -m- ~-.~P- -t - - -~- - -P-. - -RF4~. - ~- -- -!~I- - -I~-I-1'- - -~- -I- .~- - ......................................... as Beneficiary, WITNESSETH: Grantor irrevocably grants, bargains, sells and conveys to trustee, in trust, with power of sale, the property in ......... _J_.A__.~___O~ .............. County, Oregon, described as: PARCKL NO. Y OF TI~ PinTITION pxa~T RECORDED /~.~n~ /4-, 2001, AS PARTITION P1a~T P- /~ -2001, OF "RECORD OF PARTITION PLATS" AND FILED AS SURvII! NO. /6927 , IN TId~ Ol~ICE OF THE COI~'t'~ SURv~xOR. THIS TRUST DEED IS GIVEN TO SECURE GRANTOR'S OBLIC-ATION TO CONSTRUCT TH~ CITY STREET KNOItN AS ~ DRIVE ADJOINING THE SUBJECT PROPER/~ AS SET FORTH IN T]]~ APPROVAL OF THE SUBJECT P~eTITION BY THE ASm..t~D P'r.ANNI'NC COI~IISSION. together with all and singular the tenements, hcreditaments and appurtenances and all other rights thereunto belonging or in any way now or hereafter appertaining~ and the rents, issues and profits thereof, and all fixtures now or hereafter attached to or used in con- nection with the property. FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of gra.mor herein contained and payment of the sum of ..................... -- . - - '- .-?-n-?- - . . Z : )- ................................... Dollars, with interest thereon .... payment of principal and interest, if not sooner paid, to be due and payable on ........... , ..... 2 .............................. Th~ date of maturity of the debt secured by this instrument is the date, stated above, on which the final installmenl of the note becomes due and payable. Should th.e.grsmor either agree to, attempt to, or actually sell, convey, or assign all (or any pan) of the property, or all (or any part) of grsntor's interest in it without first obtaining the written consent or ·pprev·l of the beneficiary, then, at the beneficiary's option*, all obligations secured by this instrument, irrespective of the matu- rity dates expressed therein, or herein, shall become immediately due and payable. The execution by grantor of an earnest money agreement** does not constitale a sale, conveyance or assignment. To protect the security of this trust deed, grantor agrees: 1. To protect, preserve and maintain the property in good condition and repair; sol to remove or demolish any building or improvement thereon; and not to commit or permit any waste of the property. 2. To complete or restore promptly and in good and habitable condition any building or improvement which may be constrncted, damaged or destroyed there_ on, and pay when due all costs incurredtherefor. 3. To comply with all laws, ordinsnces, regalations, cove·ants, condifioos and restrictions affecting the prnpeny; if the beneficiary so requests, to join in axe_ coting such financing statements pursuant to the Uniform Commercial Code as Ibc beneficiary may require and to pay for filing the same in the proper public office or offices, as well as the cost of all lien searches made by fil ng officers or searching agencies as may be deemed desirable by the beneficiary. 4. To provide and conlinuonsly maintain insurance on the buildings now or hereafter erected on the property against loss or damage by fire and other haz- ards, as the beneficiary may ~om time to time require, in an amount not less than $ ................... written by one or more companies acceptable to the ben- eficiary, with loss pay·bls to the latter. All policies of insurance shall be delivered to the beneficiary as soon as issued. If the grantor shall fail for any reason to pro- cure any such insurance and to deliver the policies to the beneficiary at least fifteen days prior to the expiration of any policy of insurance now or hereafter placed on the buildings, the beneficiary may procure the same at grsntor's expense. The amount collected under any fire or other insomnce policy may be applied by benefi- ciary upon any indebtedness secured hereby and in such order as beneficiary may determine, or at option of beneficiary the entire amount so collected, or any part thereof, may be released to grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidata any act done pursuant to such notice. 5. To keep the property free from construction liens and to pay all taxes, assessments and other charges that may be levied or assessed upon or against the property before any part of such taxes, assessments and other charges becomes past due or delinquent and promptly deliver receipts therefor to beneficiary. Should the grantor fail to make payment of any taxes, assessments, insurance premiums, liens or other charges payable by grantor, either by direct payment or by providing beneficiary with funds with which to make such payment, beneficiary may, at its option, make payment thereof, and the amount so paid, with interest at the rate set forth in the note secured hereby, together with the obligations described in paragraphs 6 and 7 of this ·mst deed, shall be added to and become a part of the debt secured by this trust deed, without waiver of any rights arising from breach of any of the covenants hereof. For such payments, with interest as afOresaid, the proper- ty hereinbefore described, as well as the grantor, shall be bound to the same extent that they are bound for the payment of the obligor on here n described. All such payments shall be immediately due and pay·bls without notice, and the nonpayment thereof shall, at the option of the beneficiary render all sums secured by this trust deed immediately due and payable and shall constitute a breach of this trost deed. 6. To pay all costs, fees and expenses of this trust, including the cost of title search, as well as the other costs and expenses of the trustee incurred in con- nection with or in enforcing this obligatmn, and tmstae and attorney fees actually incurred. 7. To appear in and defend any action or proceeding puquorting to affect the security rights or powers of beneficiary or trustee; and in any suit, action or pro- ceeding in which the beneficiary or trustee ma;y appear, including any suit for the foreclosure of this deed or any suit or act on re ated to th s instrument, includ ng but no limited lo its validity and/or enforeeabibty, to pay a costa and expenses, including evidence of title and the beneficiary's Or trustee's attorney fees. The amount of attorney fees mentioned in this paragraph in all cases shall be fixed by the trial court, and in the event of an appeal from any judgment or decree of the trial court, grantor further agrees to pay such sum as the appellate court shall adjudge reasonable as the beneficlary's or trustee's attorney fees on such appeal. It is mutually agreed that: 8. In the event that any portion or all of the property shall be taken under the right of eminent dom·in or condemnation, beneficiary shall have the right, if it so elects, to require that all or any portion of the monies payable as compensation for such taking which are in excess of Ihs amount requ red to pay a teas·nab e cosls, expenses and alt·rosy fees necessarily paid or incurred by grantor m such proceedings, shall be paid lo beneficiary and applied b~' it first upon any reasonable cosls asa expenses and att·may fees, both in the trial and appellate courts, necessarily paid or incurred by beneficiary in such proceedings, and the balance applied upon the indebtedness secured hereby. Grantor agrees, at its own expense, to take such actions and execole such instmments as shall be necessary in obtaining such compensation promptly upon baneficiary's request. NOTE:.T~e Tru.~. D?en,Act ~vl .d~ that th.e tr.u. ste. e heraundsr must bs MthM ·n attorney who In ·n active member of th· Otegan 8tats Bm', · bank, tm~t company or M~fnga ·nd loan I[..l_oc. iltian ·mnom~oa to. as .~l~ il.n.e~.i un~er me mw of Oregon or the Unitod State·, · trio Insuranoa company luthorbed to Insure tnJe m rsel property of this state, Rs supaldhrisl, ,8~Xi_t.e.?.,. ~aO · fl ts .or_nrancne·, mi united States or Iny ag·ney ibm'eof, or an ·serew qhnt Iloan~d under ORa M.60~ to 6e6.68~. case of full reconveyances, for cancellation), without alfa. cling thc liability of any person for the payment of the indebtedness, trustee may (a} consent to the making of any map or plat of thc property; (b)join in granting any easement or creating any restriction thereon; (c) join in any subordination or other agreement affecting this deed or the lien or charge thereof; or (d) racunvey, without warranty, all or any part of the property. The grantee in any recooveyance may be described as the "per- son or persons legally entitled thereto," and thc mcitels therein of any mattem or facts shall he conclusive proof of thc tmthfufaeas thereof. Trustee fees for any of thc services mentioned in this paragraph shall be not less than $5. 10. Upon any default by grantor hereunder, bcncficiaW 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 suc or otherwise collect thc rants, issues and profits, including those past due and unpaid, and apply thc same, less costs and expenses of operation and collec- tion, including reasonable attorney fees, upon any indebtedness secured hereby, and in such order as beneficiary may determine. 11. Thc entering upon and raking possession of the property, the collection of such rents, issues and profits, or the proceeds of fire and other insurance pofi- cies or compensation or awards for any taking or damage of the property, and thc application or raleas~ thereof as aforesaid, shall not core 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 gmntor's performance of any agreement hereunder, time being of the essence with respect to such payment and/or pedormance, the beneficiary may declare all sums secured hereby immediately due and payable. In such event, the beneficiary may elect to proceed to foreclose this trust deed in equity as a mortgage or direct thc trustee to foreclose this trust deed by advertisement and sale, or may direct thc 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 advertise- ment and sale, the hencficiary or the trustee shall execute and cause to he recorded a written notice of default and election to sell the property to satisfy thc 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 foreclose this trust decdln the mauacr provided in ORS 86.735 to 86.795. 13.. After thc tmsme has commenced foreclosure by advertisement and--sale, and at any time prior to 5 days hefore the date the trustee conducts thc sale, thc grantor or any other person so privileged by ORS 86.753 may cure the default or defaults. If the default consists of a failure to pay, when due, sums secured by the trust deed, the default may be cured by paying the entire amount due at the time of the cure other than such portion as would not than be due had no default occurred. Any other default that is capable of being cored may bo cured by tendering the performance required under the obligation or trust deed. In any case, in addition to curing the default or dcfanlts, the person cffocfing thc cum shall pay to the beneficiary all costs and expenses actually incurred in enforcing the obligation of the trust deed, together with tmstec and attorney fees not exceeding thc amounts provided by law. 14. Otherwise, the sale shall be held on the date and at the time and place designated in the notice of sale or the time to which thc sale may he post]poncd as provided by law. Thc 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 thc time of sale. Trustee shall deliver to the purchaser its deed tn form as required by law coovcying the property so sold but without any covedant or warranty, express or implied. The recitals in thc deed of any matters of fact shah he conclusive proof of thc truthfulness thereof. Any person, excluding thc trustee, but including thc grantor and beneficiary, may purchase at thc sale. 15. When trustee sells pursuant to the powers provided herein, trustee shall apply the pmeecds of sale to payment of: (1) thc expenses of sale, including the compensation of thc trustee and a reasonable charge by trnstee's attorney; (2) to thc obligation secured by thc trust deed; (3) to all pamons having recorded liens sub- sequent to thc interest of the trustee in the treat deed as their interests may appear in the order of their priority; and (4) the surplus, if any, to thc grantor, 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 berain or to any successor trustee appointed hereunder. Upon such appointment, and without conveyanc- to thc successor trustee, thc latter shah be vested with all title, powcm and duties conferred upon any lrustee herein named or appointed hereunder. Each such appointment and substitution shall be made by written instrument executed by beneficiary which, When recorded in the mortgage records of thc county or counties in which the property is situated, shall he conclusive proof of proper appointment of the successor trustee. 17. Trustee accel, ts this trust when this deed, duly executed and acknowledged, is made a public record asprovidcd by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which grantor, beneficiary or trustee shall be a party unless such action or proceeding is brought by trnstec. The grantor covenants to and agrees with the beneficiary and the beneficiary's soccessors in interest that thc grantor is lawfully seized in fca simple of the real property and has a valid, unencumbered title thereto, except as may be set forth in any addendum or exhibit attached hereto, and that thc grantor will warrant and for- ever defend thc same against all persons whomsoever. WARNING: Unless grantor provides beneficiary with evidence of insurance coverage as required by the contract or loan agree- merit between them, beneficiary may purchase insurance at grantor's expense to protect beneficiary's interest. This insurance may, but need not, also protect grantor's interest. If the collateral becomes damaged, the coverage purchased by beneficiary may not pay any claim made by or against grantor. Grantor may later cancel the coverage by prOviding evidence that grantor has obtained prop- eny coverage elsewhere. Grantor is responsible for the cost of any insurance coverage purchased by beneficiary, which cost may be added to grantor's contract or loan balance. If it is so added, the interest rate on the underlying contract or loan will apply to it. The effective date of coverage may be the date grantor's prior coverage lapsed or the date grantor failed to provide proof of coverage. The coverage beneficiary purchases may be considerably more expensive than insurance grantor might otherwise obtain alone and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable law. The grantor warrants that the proceeds of thc loan represented by Ihe above described note and this trust deed are (choose one):* (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 uot named as a benefi- ciary herein. In construing this trust deed, it is understood that the grantor trustee and/or beneficiary may~aelf'J~more Ihan one person; tJ~k~if the context so requires, the singular shall be taken to mcan and include thc plural, and that generally all grammatical changa~shaJ~l~e made, assumed~i'~l~" l~d to make the provisions here- of apply equally to corporations and to individuals. ( ~ ~ ' IN WITNESS WHEREOF, the grantor has executed this instrumen~t written above. *IMPORTANT NOTICE: Delete, by lining out whichever warranty (n) or ~ ..~ ' (b) la Inapplicable. If warranty (a} Is applleaMs nnd the bencflcla~~ ........................................... a_ cred. ltor as such .word le defined In thc Tmth4n-Lendlng Act cna ~,,--- ~-.k_.~.~--, , .egutstlon Z. the oeneflclary MUST comply with the Act and ............................................................... Regulation by making required dlscloauree. For thil purpoee uae Stevens-Nee Form No. 1319, or the equivalent. If compllan©e with thc Act le not required, disregard thin natice. - ............................ '~--_ .............................. STATE OF OREGON, County of ___.]_A___C[~___O_~ ...................... ) s~l('] .... ... This instrument was acknowledged before me on ............. .~_~___~_ _____?~__~_[, by ........ i{~0X'~_ _][[J!~_31 _~ ............................................................... , .............. This instrument was acknowledged before me on ................................................ by ............................... : ...................................................................... as .......................................... L__'_ _ of ................................ ~k{---~'~'n~ '~~-~~2)---- ........... ;-: ........................ ~~!~: ~~_~_-~_- -5_~-----~. - ............... -,,~:~, .... ~)F-F i-ClAL S .......... ~.. ..... 4 ..................... ~Rll~ NOTARY PUBLIC-OREGON W .... 7~ ........... e~"' / /'1 _ /L/.. ~ ~ COMMISSION .0. 334383 ~ MY~commission expires ____~.__.~_,/_.,~__7_/_~_L_._._~_ ............. REQUEST FOR FULL RECONVEYANCE (To he ueed only when obligatlon~ have been paid.) TO: ....................................................... Trustee The undersigned is the legal owner and holder of all indebtedness secored by thc foregoing trust deed. All sums secured by thc 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 the trust deed or pursuant to statute, to cancel all evidences of indebtedness secured by the trust deed (which are delivered to you herewith Iogether with the trust deed) and to reconvey, without warranty, to the parties desig- nated by the terms of thc trust deed, the estate now hcld by you under thc same. Mail thc rcconveyance and documents to .................................... DATED ............................................. ~ ........................................................................... Do not lone or destroy this Truet Deed OR THE NOTE which It secures. Both should be delivered to the trustee for cannellatlon before Beneficiary reconvwance Is~It~ ; 01 10688 Jackson CounIY, Omgo~ Recorded OFFICIAL RECOR05 ,,,~.~:/'~-, __ OUNTY CLERK .CORM N0~)81 -TRUST DEED (Aselgnment Restricted). COPYRIGHT 1 ~99 STEVENS-NESS LAW PUBLISHING CO., PORTLAND, OR 97204 01 10689 NN TRUST DEED SCOT'f K.U~.TZ 676 LIB~RT STREET ASln.A_ND OR 97520 Oramor's Name encl Addres4 .CZ3"$ _ OE_ &S]~t.q])~_ _ AtLO.q ;-c-nH ................ ~(I~IZCZ~A]*ZrZ~Z- ..................................... After recorcllng, return to (Name, Addr~e, Zip): _.IA _cg_ _ ~A_ _V_!_S_. _ _A_ _ _'17~_ _ _ _a!3_~_x_ _ _A_T_ _ _I&_ _ _~, .............. _~!_~_ ~_ _ _~_ _!~ _ _S_ _ _1'~_ _. _~"g_ .............................. _ _A.5_ _ _m_ ~_ _~_ _ _O_ _R_ _ _9_7_ _5_ _2_0_ ............................... SPACE RESERVED FOR RECORDER'S USE STATE OF OREGON, ss. County of .......................... I certi]~x that the w instrument was received for recl~ding ¢ ....................... at ............ oXc~ock __.M., and recorded in book/reel/volume 1~ .... :___ on page ......... and/or as fee/file/insl~ ment/microfilm/reception No ............ , Reco~ ~s County. NAME TITLE By ....................................... , Deputy. THIS TRUST DEED, made on .'_'.___.__----__,.,., .................................................. between SCOTT KURTZ ....................................................................................................................... , as Grantor, JACK DAVIS, ATT01~ll~I AT YAW, .................................................................................................................... , as Trustee, and .................................................................................................................................... ................. -C-l- - -T~- - -0- -F- - - -~-- -m- :-a. -~P-L -~I- - - -O-~g-. - -1~- - -I~-I.P- - -ii:'- -l~ -'~. - ......................................... as Beneficiary, WITNESSETH: Grantor irrevocably grants, bargains, sells and conveys to trustee, in trust, with power of sale, the property in ......... _J._A_.C!$_S__O_R_ ............... County, Oregon, described as: PARCEL NO. 5 OF Tl~ PARTITION PLAT RECORDgD ,,,~a~tea 14-, 2001, AS PARTITION PLAT NO. -2001, OF "RECORD OF PARTITIOI~ PI.ITS" AIIl) PILI~D AS SURYKI NO. /6817 , IN ~ OIrF'I'CE OF TH~ COUN'I~ SURYKIOR. TItIS TRUST Dv.1;:n IS GIvlfdq' TO SECURE GRAI~rOR'S OBLIGATION TO CONSTRUCT TItli CIIX s'rREKT KNOI,1N AS R(Ii~IF_,O I)RIR~ ADJOLNLNG ~ SUBJECT PROPERTY AS SET FORTIt ~ ~ APPROVAL OF TH~ SUILIECT PARTITION BY TI~ ASnLtcND pLkNlqlNG CO1,R~SSION. together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in any way now or hereafter appertaining, and the rents, issues and profits thereof, and all fixtures now or hereafter attached to or used in con- nection with the property. FOR THE PURPOSE OF SECURlNG PERFORMANCE of each agreement of grantor herein contained andpayment of the sum of ..................... ) .................................... Dollars, with interest thereon acrc'.'~;~ payment of principal and interest, if not sooner paid, to be due and payable on ................................................. The date of maturity of the debt secured by this instrument is the date, stated above, on which the final installment of the note becomes due and payable, Should the grantor either agree to, attempt to, or actually sell, convey, or assign all (or any pan) of the property, or all (or any part) of grantor's interest in it without first obtaining the written consent or approval of the beneficiary, then, at the beneficiary's option*, all obligations secured by this instrument, irrespective of the matu- rity dates expressed therein, or herein, shall become immediately due and payable. The execution by grantor of an earnest money agreement** does not constilute a sale, conveyance or assignment. To protect the security of this trust deed, grantor agrees: 1. To protect, preserve and maintain the property in good condition and repair; not to remove or demolish any building or improvement thereon; and not to coRTRTit or permit any waste of the property. 2. To complete or restore promptly and in good and habitable condition any building or improvement which may be constructed, damaged or destroyed there- on, and pay when due all costs incurred therefor. 3. To comply with all laws, ordinances, regulafions, covenants, conditions and restrictions affecting the property; if the beneficiary so requests, to join in exe- curing such financing statements pursuant to the Uniform Commercial Code as the beneficiary may require, and to pay for filing the same in the proper public office or offices, as well as the cost of all lien searches made by filing officers or searching agencies as may be deemed desirable by the beneficiary. 4. To provide and continuously maintain insurance on the buildings now or hereafter erected on the property against loss or damage by fire and other haz- ards, as the beneficiary may from time to time require, in an amount not less than $ .................. , written by one or more companies acceptable to the ben- eficiary, with loss payable to the latter. All policies of insurance shall be delivered to the beneficiary as soon as issued, ff the grantor shall fail for any reason to pro- cure any such insurance and to deliver the policies to thc beneficiary at least fifteen days prior to thc expiration of any policy of insurance now or hereafter placed on the buildings, the beneficiary may procure the same at grantor's expense. The amount collected under any fire or other insurance policy may be applied by benefi- ciary upon any indebtedness secured hereby and in such order as beneficiary may determine, or at option of beneficiary the entire amount so collected, or any pan thereof, may be released to grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act dune pumuanl to such notice. 5. To keep the property free from construction liens and to pay all taxes, assessments and other charges that may be levied or assessed upon or against the property before any pan of such taxes, assessments and other charges becomes past due or delinquent and promptly deliver receipts therefor to beneficiary. Should the grantor fail to make payment of any taxes, assessments, insurance premiums, liens or other charges payable by grantor, either by direct payment or by providing beneficiary with funds with which to make such payment, beneficiary may, at its option, make payment thereof, and the amount so paid, with interest at the rate set forth in the note secured hereby, together with the obligations described in paragraphs 6 and 7 of this trust deed, shall be added to and become a pan of the debt secured by this trust deed, without waiver of any rights arising from breach of any of the covenants hereof. For such payments, with interest as aforesaid, the proper- ty hereinbefore described, as well as the grantor, shall be bound to the same extent that they are bound for the payment of the obligation herein described· All such payments shall be immediately due and payable without notice, and the nonpayment thereof shall, at the option of the beneficiary, render all sums secured by this trust deed immediately due and payable and shall constitute a breach of this trust deed. 6. To pay all costs, fees and expenses of this trust, including the cost of title search, as well as the other costs and expenses of the trustee incurred in con- nection with or in enforcing this obligation, and trustee and attorney fees actually incurred. 7. To appear in and defend any action or proceeding porponing to affect the security rights or powers of beneficiary or trustee; and in any suit, action or pro- ceeding in which the beneficiary or trustee may appear, including any suit for the foreclosure of this deed or any suit or action related to this instrument, including but not limited to its validity and/or enforceability, to pay all costs and expenses, including evidence of title and the beneficiary's or trustee's attorney fees. The amount of attorney fees mentioned in this paragraph in all cases shall be fixed by the trial court, and in the event of an appeal from any judgment or decree of the trial court, grantor further agrees to pay such sum as the appellate court shall adjudge reasonable as the beneficiary's or trustee's attorney fees on such appeal. It is mutually agreed that: 8. In the event that any portion or all of the property shall be taken under the right of eminent domain or condemnation, beneficiary shall have the right, if it so elects, to require that all or any portion of the monies payable as compensation for such taking which are in excess of the amount required to pay all reasonable costs, expenses and attorney 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 fees, both in the trial and appellate courts, necessarily paid or incurred by beneficiary in such proceedings, and the balance applied upon the indebtedness secured hereby. 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. NOTE: The TruM Deed ACt rovldel that thl Iructll hlreunder muct be either In atto;ney who Ii iff active mlmher of the Oregon Sta~e Bit, a hank, truct eom any or lay nge and oan 01 106,89 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), withoul 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; Co)join in granting any easement or creating any restriction thereon; (o) join in any subordination or other agreement affecting this deed or the lien or charge thereof; or (d) reconvey, without warranty, all or any part of the property. The grantee in any reconveyanae may be described as the "per- son or persons legally entilled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustee fees for any of the services mentioned in this paragraph shah 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 he 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, les~ costs and expenses of operation and collec- lion, including reasonable attorney fees, upon any indebtedness secured hereby, and in such order as beneficiary may dc termine. 11. The entering upon and taking possession of the property, the collection of such rents, issues and profits, or [le proceeds of fire and other insurance poli- cies or compensation or awards for any taking or damage of the property, and the application or release thereof as afot ;said, 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 granror in payment of any indebtedness secured hereby or in grantor's performance of any ag cement hereunder, time being of the essence with respect to such payment and/or performance, the beneficiary may declare all sums secured hereby immediately du~: and payable. In such event, the beneficiary may elect to proceed to foreclose this trust deed in equity as a mortgage or direct the trustee to foreclose this trust deed )y 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 advertise- manl and sale, the beneficiary or the trustee shall execute and cause to be recorded a written notice of default and elect on 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 la v and proceed to foreclose this trust deed in the manner provided in ORS 86.735 to 86.795. 13. After the trustee has commenced foreclosure by advertisement and.ante, and at any time prior to 5 days bef¢ re 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 of a fa ilure to pay, when due, sums secured by the trust deed, the default may be cured by paying the entire amount due at the time of the cure other than such portion as w{ uld not then he due had no default occurred. Any other default that is capable of being cured may be cured by tendering the performance required under the obligal on or trust deed. In any case, in addition to curing the default or defanlls, the person affecting the cure shall pay to the beneficiary all costs and expenses actually im urred in enforcing the obligation of the trust deed, together with trustee and attorney fees not exceeding the amounts provided by law. 14. Otherwise, the sale shall 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 trns~:e may sell the property either in one parcel or in separate paroels and shall sell the parcel o' parcels at auction to the highest bidder for cash, payable at the time of sale. Trastee shall deliver to the purchaser its deed in form as required by law conveying th.: property so sold, but without any eovefiant or warranty, express or implied. The recitals in the deed of any matters of fact shall be conclusive proof of the trnthfulnel s 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 herein, trustee shall apply the proceeds of sale to payme rt of: (1) the expenses 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 sub- sequent to the interest of 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 grantor, 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 herein 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 herein named or appointed hereunder. Each such appointment and substitution shall be made by written instrument executed by beneficiary, which, when recorded in the mortgage records of the county or counlies in which the property is situated, shall be conclusive proof of proper appointment of the successor trustee. 17. Trustee accepls this trnst when this deed, duly executed and acknowledged, is made a public record asprovided by law. Trustee is not obligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which grantor, beneficiary or trustee shall be a party unless such action or proceeding is brought by trustee. The grantor covenants to and agrees with the beneficiary and the beneficiary's successors in interest that the grantor is lawfully seized in fee simple of thc real property and has a valid, unencumbered title thereto, except as may be set forth in any addendum or exhibit attached hereto, and that the grantor will warrant and for- ever defend the same against all persons whomsoever. WARNING: Unless grantor provides beneficiary with evidence of insurance coverage as required by the contract or loan agree- ment between them, beneficiary may purchase insurance at grantor's expense to protect beneficiary's interest. This insurance may, but need not, also protect grantor's interest. If the collateral becomes damaged, the coverage purchased by beneficiary may not pay any claim made by or against grantor. Grantor may later cancel the coverage by providing evidence that grantor has obtained prop- arty coverage elsewhere. Grantor is responsible for the cost of any insurance coverage purchased by beneficiary, which cost may be added to grantor's contract or loan balance. If it is so added, the interest rate on the underlying contract or loan will apply to it. The effective date of coverage may be the date grantor's prior coverage lapsed or the date grantor failed to provide proof of coverage. The coverage beneficiary purchases may be considerably more expensive than insurance grantor might otherwise obtain alone and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable law. The grantor warrants that the proceeds of the loan represented by the above described note and this trnst deed are (choose one):* (a) primarily for grantor's personal, family or household purposes (see Important Notice below). CO) 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 benefi- ciary herein. In construing this trust deed, it is understood that the grantor, trustee and/or beneficiary may each 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 b~e, assumed and implied to make the provisions here- of apply equally to corporations and to individuals. IN WITNESS WHEREOF, the grantor has executed this instrument the~~ten above. *IMPORTANT NOTICE: Delete, by lining out, whichever warranty (e) or ..~ (b) ia Inapplicable. If warranty (a) la applicable and the beneficiary II ~ ............................................. a creditor ee luch word la defined In the Truth-In-Lending Act and Regulation Z, the beneficiary MUST comply with the Act end ......... ~ ............................................ Regulation by making required dlecloeur#. For thin purpoee uae Stevens-Ncaa Form No. 1319, or the equivalent. If compliance with the Act Is not required, dlaregard thin notice. STATE OF OREGON, County of ___J_A__~_-~~-~ ........... ;-s-s~.v~, . / ,--- ____: ............... instrument was acknowledged before me on ............... /_~_:~::~_~.~_~_]_ .... This by ........ ~;.GO"~_ _]~ _Z .............................................................................. -- This instrument was acknowlcdgcd before me on ................................................ -c ....... ........ REQUEST FOR FULL RECONVEYANCE Cro be ueed only when obllgatlona 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 the 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 the trust deed or pursuant to statute, to cancel all evidences of indebtedness secured by the trust deed (which are delivered to you herewith together with the trust deed) and to reconvey, without warranty, to the parties desig- nated by the terms of the trust deed, the estate now held by you under the same. Mail the reconveyance and documents to .................................... Do not IDea or deetroy this 'lYuet Deed OR THE NOTE which it aecurea. Both Should be delivered to the trustee for cancellation before ............................ ~¥n-c-fi-c~y- ............................ reconveyance fo!~ ' 01 10689 Jackson counh/, Ofego~ ~eco~ded ~FFICIAI- RECORDS ·.?: ~TY CLERK NN 01 10690 TRUST DEED A~m.AND OR 97520 ~ Z-/'/'- - O~- ~.MO)-,- - &~l- OR.F. GO~ ................ After recording, r~*um m (Name, Addmee,,Zlp): _ _s_, _ _ AT_ ! _-& ...... : ....... 51.3 _ _g_ ~_~ ~ _ _s.~_ _ '_ ....................... :___ _8.9 -mr- ~--~- _ -0- R _ ~__75 _2.0_ ............................... ..... .................................... SPACE RESERVED FOR RECORDER'S USE STATE OF OREGON, ], ss County of .... -k-- ................ I certify tl~t the withi~l~instrument was received for rccordit~ on _-.~- .................... , at ............ o'clc,~____.M., and recorded book/reel/volume N~,C~ ...... on page ......... and/or as fee/filc,~strumb~t/microfilm/reception No ............ ,~cords of th~ounty. Witness myny handand seal o~ounhand and seal o ounty affixed. NAME TITLE By ....................................... , Deputy. '; THIS TRUST DEED, made on .~'~[~_____~_~, ..... _2_0__0_1_,_: ................................................ between SCOTT KURTZ ....................................................................................................... : ............... , as Grantor, ................................... _J~__{~__~_V__~_g_!_____Aa_q~___~_~____I~___~ ...................... ,_ .................. as Trustee, and .................................................................................................................................... ................. -c-t-- - -°- E - - -m- - - - -- - - ......................................... as Beneficiary, WITNESSETH: 'Grantor irrevocably grants, bargains, sells and conveys to trustee, in trust, with power of sale, the property in ......... _J._A_._~.__O.~ .............. County, Oregon, described as: PARCEL NO. 6 OF ~ PAItTI~TON PLA~ RF, conn~D ,~,-*,ncn /~-, 2001, AS PARTX~[ON P- I~ -2001, OF "RECORD OF PanTI~IOli P].AT8" ~ Flr].~:n AS SURv~[ NO. /6~' 7 , IX 'rtu~ OI~'[CE OF 'tHE COI~'~'x gURFI~OR. THIS T~UST DEED IS GIVE~ TO SECUI~ ~AFfOEsS OBLIGATION TO CONS1T~JCT T~E C1T! STREET KNOWN AS HONgO DRIVE ADJOINING THE SUBJECT PROPERTY AS SET FORTH IN Tm~ APPROVAL OF Tg~ SUBJECT PARTITION BY TH~ ASgLA~D P~NNING CO~T$SION. together with all and singular thc tenements, hereditamcnts and appurtenances and all other rights thereunto belonging or in any way now or hereafter appertaining, and the rents, issues and profits thereof, and all fixtures now or hereafter attached to or used in con- nection with the property. FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of thc sum of ..................... ?-I ................................... payment of principal and interest, if not seoncr paid, to be due and payable on ........... :. ..... 2 .............................. The date of maturity of thc debt sccored by this instrument is the dam, statcd above, on which thc fine nsta truant of thc note becomes due and payable. Should the grantor either agree to, attempt to, or actually sell, convey, or assign all (or any part) of thc property, or all (or any part) of grsotor's interest in it without first obtaining the written consent or approval of the beneficiary, then, at the beneficia~'s option*, all obligations secured by this thstmmeot, irrespectlvc of thc matu- rity dates cxpressed therein or herein, shall become mmediate y duc and payable. The execution' by grantor of an earnest money agreement** does not constitute a sale, conveyance or assignment. To prelect the security of this trust d~d, grantor agrees: 1. To prelect, preserve and maintain the property in good condition and repair; not to remove or demolish any building or improvement thereon; and not to commit or permit any waste of the property. 2. To complete or restore promptly and in good and habitable condition any building or improvemant which may be constructed, damaged or destroyed there. on, and pay when due all costs incorredtherefor. 3. To comply with all laws, ordinances, regnlations, covenants, conditions and restrictions affecting the property; if the bensficiary so requests, to join in axe. cutin)~ such financing statements pu..muant to the Uniform Commercial Code as the beneficiary may require and to pay for fil ng the same in the proper public office or orrxces, as well as the cost of all hen searches made by fil ng officers or searching agencies as maybe deemed desirable by the beneficiary. 4. To provide and continuously maintain insurance on the buildings now or hereafter erected on the property against loss or damage by tim and other haz- ards, as thc beneficiary may from time to time require in an amount not less than $ .................. , written by one or mom companies acceptable to the ben- eficiary, with loss payable to the lane~. All policies of insurance shall be delivered to the beneficiary as soon as issued. If the grantor shat fat for any' reason to pro- cute any such insurance and to deliver the policies to the baneficiary at least fifteen days prior to the expiration of any policy of insurance now or hereafter placed on th.e buildings, the beneficiary may procure the same at grantor's expense. The amount collected under any fire or other insurance policy may be applied by hanefi- cmry upon any indcbtadness secured hereby and in such order as beneficiary may determine, or at option of beneficiary the entire amount so collected, or any part thereof, may be released to grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 5. To keep the property free from construction liens and to pay all taxes, assessments and other charges that may be levied or assessed upon or against the property before any part of such taxes, assessments and other cha~ges becomes p'ast due or delinquent and promptly deliver receipts therefor to beneficiary. Should the grantor fail to make payment of any taxes, assessments, insurance premiums liens or other charges payable by grantor ether by d rect ~ayment or by providing beneficiary wi h funds with which to make such payment, beneficiary may, at its option, make payment thereof, and the amount so paid, wtth interest at the rate set forth in the note secu~d hereby, together with the obligations described in paragraphs 6 and 7 of this trust deed, shall be added to and become a part of the debt secured by this trust deed, without waiver of any rights arising from breach of any of ibc covenants hereof. For such payments, with interest as aforesaid, the proper- ty hereinbefore described, as well as the grantor, shall be bound to the same extent that they are bound for the payment of the obligation herein described. All such payments shall be immediately due and payable without notice, and the nonpayment thereof shall, at the option of the beneficiary, render all sums secured by this trust deed immediately due and payable and shall constitute a breach of this trust deed. 6. To pay all costs, fees and expenses of this trust including the cost of title search, as well as the other costs and expenses of the trustee incurred in con- nection witli or in enforcin~ this obligation, and tmst~e and attorney fees actually incurred. 7. To appear in anodefend any action or pn~ceeding purporting to affect ibc security rights or powers of beneficiary or trustee; and in any suit, actioo or pm. ceeding in which the beneficiary or trustee ma.)' appear incbading any suit for the foreclosure of this deed or any suit or action related to this instrument, including but not limited to its validity and/or enforcaabihty to pay all costs and expenses, including ev dence of t tie and the benefieiary's or trustee's attorony fees The amount of attorney fees mentioned in this parngmph in ail cases shall be fixed by the trial court, and in the event of an appeal from anyjudgmant or decree of the trial court, grantor further agrees to pay such sum as the appellate cou~t shall adjudge reasonable as the beneficiary's or tmstee's attoroev fees on such anneal It is mutually agreed that: ' ~ ' 8. In the event that any portion or all of the property shall be taken under the right of eminent domain or condemnation, beneficiary shall have the right, if it so elects, to require that all or any portion of the monies payable as com.pensation for such taking which are in excess of the amount renu red to pay al reasonable costs, expenses and attorney fees necessarily paid or incurred by grantor m such proceedings, shall be paid to beneficiary and applied b~ rt first upon any reasonable costs and expenses and attorney fees, both in the trial and appellate courts, necessarily paid or incorred by beneficiary in such proceedings, and the balance applied upon the indebtedness secured hereby. 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. 01 10690 9· At any time, and fi'om fime t.o time upon written request of beneficial, payment of its f~s and preseutat~nn of this deed and the note for endowment On case of full reconveyances, for cancellation), without affecting the liability of any person for thc payment of the indebtedness, tastee may (a) consent to thc making of any map or plat of the property; Co)join in granting any easement or creating any restriction thereon; (c) join in any subordination or other agreement affecting this deed or thc lien or charge thereof; or (d) reconvey, without warranty, all or any part of the property. The grantee in any reconveyance may be described as the "per- son or persons legally entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of thc truthfulneSS thereof. Trustee fees for any of the se~tiees mentioned in this paragraph Shall be not less than $5. · 10. Upon any default by grantor hereunder, benefic!ary may, at any time withoul notice, either in person, by agent, or by a receiver to be appointed by a COurt, and without regard t.o thc adequacy of any security for the mdebtednnss hereby secured, cuter upon and take posseSSion of the property or any part thereof, in.its OWn name sue or otherwise COllccA the rants, iSSues and profits, including those past due and unpaid, and apply the same, less COsts and expenses of operation and eOlian- lion, including reasonable attomey fees, upon any indebtedneSS secured hereby, and in such order as beneficiary may determine. 11. Thc entering upon and taking posscasioo of the property, thc COllection of such rents, issues and profits, or the proceeds of fire and other insurance poli- cies or compensation or awards for any taking or damage of thc property, and the application or rcleasa thereof as aforesaid, shall not cure or waive any default or notice of defanlt hereunder, or invalidate any act d. one pursuant to such notice. · 12. Upon defanlt by grantor in payment of any indebtedness secured hereby or in grantor's perfomlanee of any agreement harounder, time being of the essence with respect to such payment and/or performance, thc beneficiary may declare all sums secured hereby immediately duc and payable. In such event, thc beneficiary may cleat to proeeed to foreclose this trust deed in equity as a mortgage or direct thc trustee to foreclose this trust deed by advertisement and sale, or may direct thc 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 advertise- ment and sale, the beneficiary 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 securcd hereby whereupon the trustee shall fix the time and place of sale, give notice thereof as then required by law and proceed to foreclose this trust deed in the manner provided in ORS 86.735 to 86.795. 13. After the trustee has COmmenced foreclosure by advertisement and,sale, and at any time prior to 5 days before the date the trustee conducts the sale, thc grantor or any other person so privileged b~/ORS 86.?53 may cure the default or defaults. If the default consists of a failure to pay, when due, sums secured by thc trust deed, the default may be cured by paying the entire amount due at the time of the core other than such portion as would not then be due had no default occurred. Any other default that is capable of being cured may be cured by tendering the performance required under the obits, etlon or trust deed. In any case, in eddit on to curing the default or defaults, the person affecting the cure shall pay to the beneficiary ali COsts and expenses actually incurred in enforcing the obligation of the trust deed, together with trustee and attorney fees not exceeding thc amounts provided by law. 14. Otherwise, the sale shall be held on the date and at the time and place designated in the notice of sclc 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 sail the parcel or parcels at auction to the highest bidder for cash, payable at the time of sale. Trustee snail deliver to thc purchaser its deed in form as required by law conveying the property so sold, but w thout any covenant or warranty, express or implied. The recitals in the deed of any matters of fact shall be conclusive proof of the truthfulness thereof. Any person, excluding thc trustee, but including the grantor and beneficiary, may purchase at the sale· 15. When trustee sells pursuant to the powers provided herein trustee shall apply the proceeds of sale to payment of: (1) the expenses of sa e, including thc compensation of the trustee and a reasonable charge by trnstee's attorney; (2) to the obligation secured by thc trust deed; (3) to al persons having reCOrded liens sub- sequent to the interest of the trustee in thc trust deed as their interests may appear in the order of their priority; and (4) the surplus, if any, to the grantor, 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 herein or to any successor trustee appointed hereunder. Upon such appoimment, and without conveyance to the successor trustee, thc latter shall be vested with all title, powers and duties COnferred upon any trustee herein named or appointed hereunder. Each such appointment and substitution shall be made by written instrument executed by beneficiary, which, when recorded in the mongege records of the county or coumics in which the property is situated, shall he conclusive proof of proper appointment of the successor trustee. 17. Trustee accepts this trust when this deed, duly executed and acknowledged, is made a public record asprovided by law. Trustee is not obligated to not fy any party hereto of pending sale under any other deed of trust or of any action or proceeding in which grantor, beneficiary or trustee shall be a party unless such action or proceeding is brought by trustee. Thegrantor covenants to and agrees with thc beneficiary and the heneficiary's successors in interest that the grantor is lawfully seized in fee simple of the real property andhas a valid, unencumbered title lhereto, except as may he set forth in any addendum or exhibit attached hereto, and that the grantor will warrant and for- ever defend the same against all persons whomsoever. WARNING: Unless grantor provides beneficiary with evidence of insurance coverage as required by the contract or loan agree- ment between them, beneficiary may purchase insurance at grantor's expense to protect benefi¢iary's interest. This insurance may, hut need not, also protect grantor's interest. If the collateral becomes damaged, the coverage purchased by beneficiary may not pay any claim made by or against grantor. Grantor may later cancel the coverage by prOviding evidence that grantor has obtained prop- arty coverage elsewhere. Grantor is responsible for the cost of any insurance coverage purchased by beneficiary, which cost may be added to grantor's contract or loan balance. If it is so added, the interest rate on thc underlying contract or loan will apply to it. The effective date of coverage may be the date grantor's prior coverage lapsed or the date grantor failed to provide proof of coverage. The coverage beneficiary purchases may be considerably more expensive than insurance grantor might otherwise obtain alone and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable law. The grantor warrants that the proceeds of thc loan represented by the above described note and this trust deed arc (choose one):* (a) primarily for grantor's personal, family or household purposes (sec Important Notice below). (b) for an organization, or (cyan 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. Thc tsrm beneficiary shall mean thc holder and OWner, including pledgee, of the contract secured hei:eby, whether or not named as a benefi- ciary herein. In COnstruing this trust deed, it is understood that thc grantor, trustee and/or beneficiary may each be more than one person; that f thc context so rec~u rcs, the singular shall be taken to mean and include the plural, and that generally a]l grammatica] changes'shkU2ml~de, aSSumed and imp}led to make the provisions here- of apply equally to corporations and to individuals· ~,,,'"~'_ ,~'_e IN WITNESS WHEREOF, the grantor has executed this~-~, ~__-_d_~ *IMPORTANT NOTICE: Delete, by lininG out, whichever warranty (a) or~~/ (ID) le Inapplicable. If warranty (e) le applicable and the bonetlnlary I$ ~r,-,~,l~.~;ar,~ .............................................. e creditor aa such word la defined In the Truth-ln-LendlnG Act end o~a~ · q.u~,.~z, . ReGulation Z, the beneficiary MUST ©ompl¥ with the Act end __.(_____'2':--~/~. ................ Regulation by makinG required dlecloeurce. FOr thle purpose u~ -- --'x'"':-:~''-'' .................................................. gte. v.~na-NeH F. orm No. 1319, or the equivalent. If compliance with the Am la not r~lulrmd, dlare~rd this notice. - .............................................................. JOCkSOrt COUI~I~, OI'e~TE OF OREGON, County of ___J_A___C~___O__N_ ...................... ) s~.~ - Recorded This instrument was ac .owledged before me o. .............. ..... OFFICIAL Rl:CORD~by ........ l[~0'XT__k'l!g__~_Z .............................................................................. -- This instrument was acknowledged before me on ............................................... , '#All 2 0 by ...................................................................................................... .. .................................... ....... ........... OFFICIAL SEAL --- qo~ Public for-Oregon ~ /_ . I . /I NOTARY PUBLIC-OREGON ---~,----I ..................... ........ R~QU£$T FOR FULL ~CO~¥EYAN~ O' I~ ua~l only when oMIGetlona ha~a b~n TO: ....................................................... Trusice The under~ignad is the legal owner and holder of all indchtedness secured by the foregoing trust deed. All sores secured by ihe trust deed have been fully paid and satisfied. You hereby are diracted, on payment to you of any sums OWing to you under the terms of the trust deed or pumuant to statute, to cancel all avidences of indebtedneSS secured by the trust deed (which are delivered to you herewith together with the trust deed) and to reconvey, without warranty, to tha parties desig- nated by the terms of the trust deed, the astata now held by you under the sema. Mail the reconvcyance and documents to .................................... DATED ....................................................... .................................................................. Do not Icee or dcetro¥ thla Truet I~d OR THE NOTE whloh It eecures. _ ................................................................. Both ahould bestialized to the trustee for cancellation before Beneficiary reconvayance is made. CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 NOTICE OF TRANSMITTAL TO: BARBARA CHRISTENSEN CITY RECORDER DATE: 3/22/01 PROJECT: ROMEO DRIVE JOB NO.: 00-35 SUBJECT: TRUST DEEDS THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Original Trust Deeds from Scott Kurtz to City recorder as document nos. 01-10688, 01-10689 and 01- 10690 for filing. ENCLOSED [J UNDER SEPARATE COVER REMARKS: The attached three trust deeds were acquired to secure the completion of Romeo Drive and will be released upon the full completion of the street improvements. COPIES TO: Paula Brown Paul Nolte Department of Public Works Engineering Department (~ By: James H. Olson ,~ Title: City Surveyor/ProjeCt Manager G:\pub-wrks~eng\dcpt-admin~ENOINEER~EASEMENT~Kurtz Trust Deeds NOT,doc