HomeMy WebLinkAbout1988-026 Trust Deed-Croman CorpCRATER TITLE INSURANCE CO.
MEDFORD E. MEDFORD ASHLAND
779-7250 779-6442 482-4006
June 6, 1988
Nan Franklin
Cit5, Recorder
CitTf Hall
Ashland, Or. 97520
RE: Escrow No. 69376-JT - CITY OF ASHI2UND:CRC~.~ CORP
Dear Ms. Franklin:
As per instructions from }.~. Ronald Salter enclosed please find the foll~4~ng documents:
1. OrigiD~l recorded Trust Deed - Document No. 88- 10689 & ._Ouitclaim Deed - 88-10688
2. Original Promissory Note
Very truly yours,
co.
,OT: RER/Enclosures
F~tqM No. 881-1--Oregon Trust Deed Series--TRUST DEED (N~res "~mn on ossig .... t). ~f~/"" ' ~7~ -~ ~
~T
~--106~ TRUST DEED
THIS TRUST DEED_made this ....... .~ ............. day of ....... ~ ............................................ , 19 ..... ~, between
......................... .................................................................................
..................................................................................................................................................................................................................
as Grantor, C~T~ ~Z~ ~NSU~NC~ CO. as Trustee
......................... ...............................................................................................................................................................
as BeneHciar~
WITNESSETH:
Grantor irrevocably ~rants, bar~ai~s; sells and conveys to trustee in trust, with power o~ sale, the propert~
ia ........ ~.~.q~.~ ............................ County, Ore,on, described as:
SEE EXHIBIT "A" ATTACHED HERETO AND BY
THIS REFERENCE INCORPORATED HEREIN
together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in anyw~s
now or hereafter appertaining, and the rents, issues and profits thereof and all fixtures now or hereafter attached to or used in connec-~
tion with said real estate.
FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of theM
sum of THREE HU~DRED FO.RTY..THOUSAND AND 00/100-~ ....... ~ ......... ~.~.---_~.~- ~
7 ( $ 3 4 0 ,
note of even date herewith, payable to beneticiary or order and made by grantor, the final payment of principal and interest hereof, if
not sooner paid, to be due and payable May 1
The date of maturity of the debt secured by this instrument is the date, stated above, on which the final installment of said note
becomes due and payable.
To protect the security of this trust deed, grantor agrees:
I. To protect, preserve and maintain said property in good condition granting any easement or creating any restriction thereon' (c) join in any
and repair; not to remove or demollsb any building or improvement thereon;subordination or other agreement affectlng this deed or ~he llen or charge
not to commit or permit any waste of said property, thereof; (dj reconvey, without warranty, all or any part of the property. The
2. To complete or restore promptly and in good and workmanlike
manner any building or improvement which may be constructed, damaged or
destroyed thereon, and pay when due all costs incurred theretor.
3. To comply with all laws, ordinances, regulations, covenants, condi-
tions and restrictions affecting said property; it the beneficiary so requests, to
join in executing such tlnancing statements pursuant to the Unitorm Commer-
clal Code as the beneficiary may require and to pay for filing same in the
proper public office or offices, as well as the cost of all llen 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 said premises against loss or damage by tire
and such other hazards as the bene~iary may tram time to time require, in
an amount not less than $ .--U~ . , written in
companies acceptable to the benetlclary, with loss payable to the latter; all
policies ct insurance shall be delivered to the benellclary as soon as insured;
it the grantor shall fall tar any reason to procure any such insurance and to
deliver said policies to the beneficiary at least fifteen days prior to the expira-
tion ct any policy of insurance now or hereafter placed on said buildings,
the beneliciary may procure the same at grantor's expense. The amount
collected under any flre or other insurance policy may be applied by benetl-
clary upon any indebtedness secured hereby and in such order as beneficiary
may determine, or at option ct beneticiary the entire amount so collected, or
any part thereat, may be released to grantor. Such application or release shall
not cure or waive any default or notice of detault hereunder or invalidate any
act done pursuant to such notice.
5. To keep said premises tree from construction Eens and to pay all
taxes, assessments and ether charges that may be levied or assessed upon or
against said property before any part of such taxes, assessments and other
charges become past due or delinquent and promptly deliver receipts therefor
to benetlclary; should the grantor tail to make payment ct any taxes, assess-
ments, '/nsurance premiums, liens or other charges payable by grantor, either
by direct payment or by providing benetlciary with tunds with which to
make such payment, beneficiary may, at its option, make payznent thereof,
and the amount so paid, with interest at the rate set torth 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 part of the debt secured by this
trust deed, without waiver of any rights arising tram breach of any of the
covenants hereof and for such payments, wth interest as atoresald, the prop-
erty 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, and all such payments shall be immediately due and payable with-
out notice, and the nonpayment thereat shall, at the option ct the benetlclary,
render all sums secured by this trust deed immediately due and payable and
constitute a breach of this trust deed.
6. To pay all costs, tees and expenses ct this trust including the cost
of title search as well as the other costs and expenses ct the trustee incurred
in connection with or in entorclng this obligation and trustee's and attorney's
fees actually incurred.
7. To appear in and detend any action or proceeding purporting to
affect the security rights or powers of beneficiary or trustee; and in any suit,
action or proceeding in which the beneticlary or trustee may appear, includl.ng
any suit tar the toreclosure of this deed, to pay all costs and expenses,
c!udlng evidence of title and the beneficiarv's or trustee's attorney's fees; the
amount ct attorney's tees mentioned in this paragraph 7 m all cases snail ce
fixed by the trial court and in the event ct an appeal lrom any judgment or
decree of the trial court, grantor further agrees to pay such sum as the ap-
pellate court shall adjudge reasonable as the benetlclary's or trustee's attor-
ney's fees on such appeal.
It is mutually agreed that:
8. In the event that any portion or all ct said property shall be taken
under the right of eminent domain or condemnation, beneticiary shall have the
right, it it so elects, to require that all or an), portion ct the monies payable
as compensation lay such taking, 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 ~t tirst upon any reasonable costs and expenses and attorney's tees,
both in the trial and appellate courts, necessarily paid or ~ncurred by bene-
ficiary in such proceedings, and the balance applied upon the indebtedness
secured hereby; and grantor agrees, at its own expense, to take such actions
and execute such instruments as shall be necessary in obtaining such com~
pensation, promptly upon beneticiary's request.
9. At any time and from time to time upon written request of bene-
tlciary, payment of its tees and presentation ct this deed and the note tar
endorsement (in case of tull reconveyances, tar cancellation), without atfectlng
grantee in any reconveyance may be described as the "person or persons ~
legally entitled thereto," and the recitals there!n ct any matters or facts shall ~
be c. oncluslve proof of the truthfulness thereat. Trust~e's tees for any of the4.
servzces mentioned in this par~raph shall be not less than $5, 4-)
lO. Upon any default'by grantor hereunder, beneficiary may at any.~_[
time without notice, either in person, by agent or by a receiver to be
pointed by a court, and without regard to the adequacy of any security for ~
the indebtedness hereby secured, enter upon and take possession of said prop-
erty 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 ct operation and collection, including reasonable attor-4D
ney's fees upon any indebtedness secured hereby, and in such order as bene-q,
[iciary may determine.
1l. The entering upon and taking possession ct said property the
collection of such rents, issues and proflts, or the proceeds ct flre and other
insurance policies or compensation or awards for any taking or damage al the
property, and the application or release thereat as atoresald, shall not cure or
waive any default or notice of detault hereunder or invalidate any act doner~
pursuant to such notice.
12. Upon delault*by grantor in pa} ..... t of any indebted .......... d~ ~
hereby or in his performance oi any agreement hereunder, time being of the I~
essence with respect to such payment and/or performance, the benetlclary may ~
declare all sums secured hereby immediately due and payable. In such an
event the beneficiary at his election may proceed to foreclose this trust deed
in equity as a mortgage or direct the trustee to foreclose this trust deed by
advertisementremedy, and sale, or may direct the trustee to pursue any other right or
either at law or in equity, which the benetlclary may have. In the ~
latter event the benetlclary or the trustee shall execute and cause to be recorded U~
his written notice ct detault and his election to sell the said described real ~
property to satisfy the obligation secured hereby whereupon the trustee shall't~
tlx the time and place of sale, give ~nn°tice thereof as then required~n oRsbY86.7351aw and ~
proceed to foreclose this trust deed the manner provided to
86.795, ....~
13. Alter the trustee h ........... d t .... , ..... by advertl ..... t and ~_~
sale, and at any time prior to 5 days betore the date the trustee conducts the
sale, the grantor or any other person so privileged by ORS 86.753, may cure ~'~
the default or delaults. It the default consists ct a tailure to pay, when due,'~
sums secured by the trust deed, the detault may be cured by paying the
entire amount due at the time of the cure other than such portion as w°uldrr~
not then be due had no default occurred. Any other detault that is capable
being cured may be cured by tendering the performance required under the
obligation or trust deed. In any case, in addition to curing the detault or f~
defaults, the person etfectlng the cure shall pay to the beneficiary all costs ~
and exp ....... tually i ...... d in entorclng the obligation of the trust deed
together with trustee's and attorney's tees not exceeding the amounts provided
. .
place nOattheedr~nse,thtehen;;[:e Sho~, ,dr;eh t~Lee d;Se warldcha e
be postponed as provided by law. The trustee may sell said property either
in one parcel or in separate parcels and shall sell the parcel or parcels at
auction to the highest bidder tar cash, payable at the tltne of sale. Trustee f-~
shall deliver to the purchaser its deed in torm as required by law conveylng~
the property so sold, but without any covenant or warranty, express or im-
plied. The recitals in the deed of any matters ct fact shall be conclusive proof
of the truthfulness thereat. Any person, excluding ihe trustee, but i~cludlng.~_~
the grantor and beneticiary, may purchase at the sale.
15. When trustee sells pursuant to the powers provided herein, trusteer~
shall apply the proceeds ct sale to payment of (1) the expenses of sale,
cludlng 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.~q
having recorded liens subsequent 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, ii any, to the grantor or to his successor in interest entitled to such
surplus.
16. Beneficiary may tram time to time appoint a successor or succes-
sors toany trustee named herein or to any successor trustee appointed bere-
under. 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 sh~ll be made by written instrument executed by benetlclary,
which, when recorded in the mortgage records of the county or counties in
which the property is situated, shall be conclusive proof of proper appointment
of the successor trustee.
17. Trustee accepts this trust when this deed, duly executed and
acknowledged ~s made a pubhc record as provided by law. Trustee ~s no
obllgated to notity any party hereto ..... of pending sale under any other deed at
trust or at any action or proceedmg m whzch grantor, benehc~ary or trustee
the liability at any person tar the payment of the indebtedness, trustee may
(a) consent to the making of any map or plat of said property; (b) join inshall be a party unless such action or proceeding is brought by trustee. ~ .r~ _
NOTE: The Trust Deed Act provides that the trustee hereunder must be either an attorney, who is an active member of the Oregon State Bar, a bank, trust company 4-)
or savings and loan association authorized to do business under the laws of Oregon or the United States, a title insurance company authorized to insure title to reel
property of this state, its subsidiaries, affiliates, agents or branches, the United Sta~es or any agency thereof, or an escrow agent licensed under ORS 696.505 to 696.585.
*There shall be no default unless the Grantor fails to make any payments r ~equired within
fifteen (15) days after the date it is due or unless the Grantor fails to perfonu any--~
88-10689
Commencing at the Northwest corner of Government Lot 4, Section
14, Township 39 South, Range ! Bast ef the Willamette Heridian,
Jackson County, Oregon; thence South 00°03'04" West, 246.82 feet
to the Northerly line of that parcel of land described in volume
540, page 294 of the Deeds Records of Jackson County, Oregon;
thence along said Nerther!y.iine, North 56°05'47" West, 785.56
feet (deed record, North 56°!3~ West, 794.2 feet) to the Easterly
r_gh~ of way line ef Histletoe Road; thence continuing North 56°
05~47" West, 819.48 feet to the West line of the Southeast Quarter
of said Section 14; thence ateng said West line, North 00° 02'32"
East, 559.87 feet to the Southwest corner of that parcel of land
as described in document number 85-14491; thence along the South
line of said parcel, Squib 89°45'44" East, 300.00 feet to the
Southeast corner thereof; thence along ~he EastertF line ef said
parcel, North 21° 2~'41" West, 130.06 feet; thence North 12°15'45`'
West, 20.45 feet; thence North 47:00'00'' East, 685.62 feet to the
Southerly right of way of the Southern Pacific Railroad; thence
Southeasterly along said right of way line to the North line ef
said Government-Eot 4; thence along said North line, North 89°
40'13" West, 184.51 feet to the Northwest corner thereof.
EXCEPTING THEREFROM the following described parcel:
Commencing at the Northwest corner of Government Lot 4, Section
14, Township 39 South, Range 1 East of the Willamette Meridian,
Jackson County, Oregon; thence South 00° 03'04" West, 246.82 feen
to the Northerly line of that parcel of land described in volume
540 page 294 of the Deed Records of Jackson County, Oregon; thence
along said Northerly line, North 5'6°05'47'' West, 785.56 feet (deed
record, North 56° 13' West, 794.2 feet) to the Easterly right of
way line of Mistletoe Road for the TRUE POINT OF BEGINNING; thence
continuing North 56°05'47" West 819 48 feet to the West line of
the Southeast Quarter of said Section 14; thence along said West
line, North 00°02'32" East, 363.06 feet; thence along the arc of a
370.00 foot radius curve concave to the right, (the long chord of
which bears North t5°39'30" East, i99-20 feet) 201-79 feet;thence
North 31° t6'27" East, 5.56 feet to the South line of that parcel
as described in document number 85-14491 of the deed records of
Jackson County, Oregon; thence along said south line South 89°
45'44" East, 54.85 feet; thence leaving sa~d south !zne South
16'27" West, 17.31 feet; thence along the arc of a 320.00 foot
radius curve concave to the .left, (the long chord of 'which bears
south 13° 30'32" West, 195.28 feet) 198.44 feet; thence South 04°
i5'23" East, 208.47 feet; thence along the arc of a 220.00 foot
ng chord of which bears
radius curve concave to the left, (the
South i9°14'i9" East, 113.76 feet)115.0o ~.eet; thence So,ath 34°
13'!5" East 87 91 feet; thence along ti.~ arc cf a 2u~.00 fool
radius curve concave to the left, (~he icr. c chord of which bears
South 45 09 31" East, 70.90 ~eet~ ,6.36 _ee~; thence, ocean 06
05'47" East, 505.00 feet; thence along the arc efa 107.72 foot
radius curve to the right, (the long ch~d of which ~ear~ oouth 28
!5'07" East, 100.63 feet)104.70 feet to the Point of Beginning.
BUT INCLUDING Grantor's "possibility of rcverter with respect to
said excluded parcel"
PROMISSORY NOTE
CROMAN CORP., an Oregon corporation, promises to pay to
the order of the CITY OF ASHLAND, a municipal corporation of
the State of Oregon, the sum of THREE HUNDRED AND FORTY
THOUSAND DOLLARS ($340,000.00), in lawful money of the United
States of America with interest thereon at 12% per annum from
May 1 , 1988, until paid, payable in equal monthly
installments of $4,081.00 each including interest, the
first payment being due on the 1st day of June , 1988,
and a like payment on the first day of each month thereafter
until the whole of said sum, both principal and interest, has
been paid in full. This note has a fifteen (15) year
amortization period. There shall be a $3,000.00 per year
prepayment penalty. Thus, if the note is paid off during the
first year there shall be a fifteen (15) year penalty and if
paid off during the second year, a fourteen (14) year penalty
and so on.
In the event of the failure by the undersigned to make
any installment due under this note within 15 days of its due
date, the entire balance of both principal and interest shall
be immediately due and payable at the option of the holder of
this note. In the event of nonpayment, the undersigned agrees
to pay all reasonable costs of collection, including
attorney's fees, even though suit or action is not filed. In
case suit or action is instituted to collect this note or any
portion thereof, or in case of any appeal from any judgment
therefrom, the undersigned promises and agrees to pay, in
addition to costs and disbursements provided by statute, such
additional sum as the Court may adjudge reasonable as
attorney's fees to be allowed in said suit or action or on
such appeal.
DATED: May 24 .. , 1988.
CROMAN CORP., an.~Oregon corporation
-1- PROMISSORY NOTE