HomeMy WebLinkAbout2000-097 Trust Deed - GunterCITY OF ASHLAND
Office of the CIty Attomey.
20 East Main, Ashland, OR 97520
(54!) 488-5350 - s
(541) 488-5311 - Fax
June 16, 2000
Reconveyan Department
Jackson nty Title
1555 E McAndrews Road
RE: Collection Escrow No. 11074
Payee: Jack R. Gunter and Betty Irene Gunter
In order for you to prepare and record a Deed of Reconveyance in this matter, I am
forwarding the following documents to you along with a check in the amount of $66:
1 ) Odginal Trust Deed recorded aS No. 94-21131
2) Odginal promissory note dated June 2, 1994, in the amount of $44,000.00
3) Original Request for Full Reconveyance
4) Copy of June 13, 2000, letter we received from Jackson County Title
If you have any questions regarding this matter, please contact me at the number listed
on this letterhead.
Paul Nolte
City Attomey
Attachments (5)
c: Bef*eam ~, City Recqm~e;
Patrick Caldwell, Staff Accountant, Finance
F:%USER~PAUL%DAILY~-'title gunter Itr 600.wpd
E-Mall Addelms ~ -1~ -b. f er. gs ~ sltssteee4ssMsnd~.us
ITY OF ,~SHLAND, OREGON ACCOUNTS I~AYABLE CHECK NO. 0 0 0 6 8 7 8
41905 )6/14/00 Reconveyance for Jack Gunte 0.00 66.00
t
, *" __ TRUST DEED
......................................................................
Gr nt~ i~ev~!y lr~, ~r~aim, sells a~ ~ey~ ~ trustee ~n t~st, ~th ~er of ~le, the p~perty ~n
............. ~~ .............. C~nty, Ore~n, de~d H:
See Exhibit "A" Attached
together with all and eindular the tenements, hersclltarrsnts and appurS ~nd all other rilhte thereunto helonEin~ or in armylee now
or her·alter appertldrdnl, amd the Fefits: israel and profits thereot and all fixtures now or hereafter sitedeed to or used in oonrsctton with
the property.
FOR THE PURPOSE OF SECURING pERFORMANCE of es~h a~r~mr~nt of grantor herein oontained and payment oi the aura
**~*~****~**~ 4~ ODJ~ Dfi ~**~*~**~**~ Dollars, with intereat theraon aeeordin~ to the tarms of · promissory
The dslte o~ D~tgdty OI the debt $e~gred by this I~ltrgDt~rgt iS the dllte, stated ~bove, off whJch the final installment of the note
becomes due end Ileylble. la tie ·yard the witlain deserrosd pregerty, er Imy !~rt thereof, or ~ interest therein is sold, allreed to he
sold, oonveyed, aretired or -lieaired by the gratetot without firIt Irarind obtained the wrlffen It or ·ppro~al ot ~ he~ett~lary, than,
nt the bersti~er~s optira, all ebli.~tions lecured by tide tnstruraent, lrre~pectlve ot the maturity date expreued therein, or her·in, illall
become Immediately due and p~yable.
To protect the securlt7 ol tide trust deed: llrlmtor a~rees:
1. To protect, preserve led malntlin the property in iood ~ondltion and repair; not to remote or demolish any buildin~ or ira-
· o cear~sle or tel i~ Y ~mod a · eondl on any buildSnil or improvement which may he constructed,
damaged or deetrered t~ereon, ard ~eY when d~e all colts lneurred thentier.
3. To oomply with ell Ira, erd~, telalettomo oevsnmlte, eoSdltiona and remfriotiom sitetrial the property; it the heneticiary
so requests, to )ale in eueutlni such finenatal otatoararde pureant to le Urdtorm Conmwrc/al Cede as the hens~clary me;, require and
to pBy tor filh~ Mrr4 in the proper iml~ic ottt~e or otfieel, as well as the ~oat ot ell lien searches made by ttllrii oilScare or searehir~
a~enc/ee as amy he deeml~ dmdrable by the beneficiary.
the buildlate new or her·attar erected on the proper
written in cornparries seaapt·hie to the henetlckrT, with loss payable to the latter; ell poltclel o~ in~urance shell he deih, ared to the hene-
ficJar~ as soon as insured; it the grantor dell taft tot any reason to procure any mcA irauran~ and to deliver the poUclee to the heneticlary
at least ~t~en deya prior to the expiratio~ ot Imy polley ot inmranoa new, or her·alter piesad on the buNclinic, the henoficjary may pro-
L'V indebtedheel weured hereby and in luca order as henetlc~ary may deter=dr, a, or at option ol beneficiary the entire amount so coJlected,
or any part there<d, may he released to llrantor. Such application or release shall not cure or waive any delault or notice ot detault here-
under or lm, altdato arO, set done pureant to
5. To keep the property bee born toot~nse~uAc~ion liens and to pay ell tezee, see·smears and other charles that may he levied or
asialied upmt or a~/nlt the property hatore amy part ot luch taxes, · ntl mid other c/tortes become pelt due or delinquent and
liars or other charnel p~Bhle by llrantoro either by direst payment or by providina henstiolary with hinds with which to mike vach pay-
meat, benetiolm7 laity, st its option, make p~yment thereof, end the amount so paid, with Inter·It at the fete eel tor~h in the
s~ured hereby: tod~thsr wFtth the ebti~tions described in parlOrsphi ~ dlnd 7 ol tSds trust deed, shell he added to end become a pert ot
the debt secured by this trust deed, without Wi~er ot ~ rlllhte erleini Irom breach ot any ol the covenants her·or and ior such payments,
with inter·st as allot·seed, the property herslab·tore described, as well as the grantor, almll he bound to the urns extent that they are
bound tot the payment ot the obti~tion her·in descrs~bed, and ell Inch payeeate shall ha Inunedi·tely due and pey·bla without notice,
and the rompaye·at thereof shall, ot the option ot the haneticiary, render all sums secured by this trust deed tntmedlately clue and pay-
ebl~ ar.d oonatltuto a brea~h ot this trust deed.
6. 2"0 pay all eeete, ~ and aspene~ d tide trust lrrJudir~ the coat ol title march a8 well as the other celts and expenses ot the
trustee igorfred in eonnmtion with or in erdorcin~ this obllaation and trultee'a and attorney'e tees a~toelly incurred.
?. To appear lh and del~ut any action or press·dine purpertina to eliact the rarity rillhts or powers ot heneti~iery or trustee;
and in any suit, setion or pro~eedin~ in which the beneiioiaty or trustee may ·ppear, inciodlna any suit tor the toreclosure ot this deed,
to pay ell ~oete and e:pemee, incJudtna eHdm ot title and the hanetiolary'e or truetee'e attorney'a tees; the amount ot attorney'a ins
mentioned in tide ivaragr·ph ~ in ell cases dwdl be fized by the trial ceurt and in the event ot an appeal trom any judesmear or decree ot
the trial court, grantor lurther adreee to pay mch mm aa the appellate oourt shall adjudge reasonable as the heneticlary's or truetee'e ·t-
torney'e tees on meh spiral.
It le mutually atreed that:
8. In the event that any pertion or all ot the property dell be ~almn under the rillht ot eminent domain or condemnation, hens~
h
tictat~ dell have the rtllht, it it eo elects, to require that all or any portion ott · monies payable ae compenutton tor such t·ktna,
TRUSTDEED
CITY OF ASHLAND
Gunter
Jackson County Title Division
..... ..................: ........................
..... .......................................
I certify that the within instru-
ment was recei ed tor recor on the
....... day of ................................,
at ................ o'clock ...... ~r. d recorded
in book/reei/~'olume ...................... on
pads ........................ o e/tile/instru-
ment/microlilm/ o ..................
Record of ......... ' County.
Vv'i seal of
Coun
NAME TITL[
B~, ..................................................: Deput~
94- 1131
in the trial and appellate oourte: necelurlly pied or incurred by benaficJary in luch prooeedindl, ·nd the bee·nee applied upml the indebted-
nell lecured hereby; and ~rmlfor idreel, et its own expel·e, to take luch acfionl end execute rdch theflu·anti ·~ shall he necellary
in obtatnjr~ such ca·pen·lion, promptly upon benetldary'e request,
9. At any title and ire· time to time upon written requelt et beneficiary, payment of tie tees and presentation d this deed and
the note Jar endanoint (in ease el lull reconveyencee, 6Y canesllafien~ without alisctln~ the liability ot any person for the payment
the indebtedness, truttee nay (a) consent to tl~e mmktn~ at any map Or plat of the Property; (b) join in drsntin~ any e~sen~ent or ereat-
tu~ any restriction tier·on; (o) join in any ~ubordlnation or other adfeement atfeetin~ this d~ed or the li~n or
10. Upon any deE·lit hy lit·afar hereunder, henetlui·ry may at an), time without rioflue, either in person, by a~ent or by a receiver
to he appointed by · court, and without redard to the adequacy of any le~urity tar the indabtedr~ee hereby secured, enter
poe·salon at the property or any part thereat, In its own rmrae 8us or ntherwl;e collect the rents, Issues and prolit~, tndudinj those past
due and unpaid, and apply the earae, luea costs and expertise at operatt#n and collection, inoludtnJ rosier·hie attorney's tees upon any
Indebtedtess secured hereby, and In fuch order as benetidary amy deterrains,
11. The enterit~ upon and tablnJ po&selaion at the property, the ~olleetion at such rents, tieuse and proSits, or the proceeds at tire
hein~ of the essence with respect to mch payment and/or pertorrnance, the beneficiary may declare ell auras secured hereby irmrmdfetely
trustee o toredoes tide trust deed by advertisewheat and Isle, or amy d~rect the trustee to purmae any other rldht or remedy, either at
tidary or the trustee shall axelute and cause to he recorded · wrStten notke at dotsuit &nd election to ;811 the property to utisIy the ablila-
tlon fecured hereby whereupofi the trustee Iheil fix the tinge and place ot 8ale, li~,e notlee thereat as then required by law and proceed
to toreclose thil trust deed hi the rimanal provided in ORS 86.735 to86.795.
13. Alter the trustee has coraraenced Ioredolure by advertlee·eat and eels, and at any time prior to 5 dare hatore the date the
trustee conducts the gale, the ~rantor or any other pereo~ eo privllu~ed by ORS 86.753, may cure the dotsuit or defaults. Zt the dotgulf
co~ete oI · tellure to pay, when due, wJme secured by the trust deed, the deIsult may he cured by paylnj the entire ·mount due at the
time oi the cure other then fuch portion as would not then he due had no ddault occurred. Any other dotgulf that is capable at hein~
cured may he cured by tenderin~ the porter·sacs required under the obltiatlon or trust deed. In any case, in addition to curiaI the de-
iault or dstaulte, the person etteetinj the cure shall pay to the heneilclit7 all costs and expenses actually incurred in entorclr~
the ablilation at the tart deed together with trueiee's and ·ttarney's tees not excegint the annaunts provided by law.
14, Otherwise, the eade 8leVI he held on the date and it the time and place deallasted in the notice oI sale or the time to which
the ule ~ be postponed ea provided by law. The trustee may loll the eproperty either in one parcel or in separate ~arcels and chell eeil
iraafar and henetidary, may purchase at the Isle.
powers and dutlue contorted upon any trustee hereln tenled or appointed hereunder. Each ;uch appointnwnt and aubeiitutlon chaff he
t any action or proceedtn~ in which drantoro
The iraafar covenants and a~ree8 to and sdth the henefidary and ~rhe henefidary's ;ucoenor in interest that the iraafar is lawtully
and that the grantor will warrant and letever defend the eras ·gain;t all per,one whotAm,ever.
The iraafar warrants that the proceeds at the loan raprelented b~ the above described note and this trust deed are:
(·)* primarily tar ~lrantor's per·i, til~lly or household purl~s (ass Impost·at Notice below),
(b) fur an organtastier, or (even It Iraafar is a natures person) are tar busis or eorarnerclal purposes.
Tll~e deed applies to, inures to the benefit at and binds Idl partle hereto, their heirs, lel·teee, devises·, edndntstrators, elecuton,
per~al representatives, aucceeeon ~nd sealins. The eerm beneficiary shill raean the holder and owner, includind piedlee, at the oontract
secured hereby, whether or not named as · heneficiary herein,
In comtruin~ this trust deed, it is understood that the iraafore trustee and/or heneticlary may each be more then one person; that
It the context so requlrelo the d~ular shall be tuhen to main and include the plural, lad that ~enerally a:l irinur, atical charnel ~hall he
IN WITI~BSS WHEREOF, the ~rantor has executed :this instrument the day and year first above written.
· IMFORTANT NOTICE: Ddelt, by Ilnlntl out, whichever wareanty |a) er (b) Is
net applicable; If weeranty (a) Is applicable and the beneficlarf is a eNdliar
as such word Is defined In fee Tevth-la4endlng Agt and b~ulafien Z, ~e
henefidary MUST ramply with the Act and RtguTatten by making required
disclosures| far this purpose use StevenpNen Form No. 1319, or squire|eat.
If compliance with the Act Is net required, disregard this notice.
o? o e oo , co ,t of ............................... > ' ............................
T/de imtrument was acknowledged betare me on ..................... ..J...u...~.e......1..l ..............,19...9...4..,
bF ...........Catkez:ine..~l,....Golden.,.anc~..RarL..F,z:an)c3,j, rL ...............................................
Ttds instrument was acknowledged before me on ......................................................,19 .........
by ................................................................................................................................................................
; III'*A J~' =/~**'~ICIAL SEAY~m~ ' ' * .............................................. ;**~~
. ..... . .
RIQUg·T FOR FUR IBCONVLgYANCI {To be used only when abUSefleas have Nee puld.)
TO: .............,LL,....LL...,_,,-, .................................................................Trustee
The underdined I~ the lutal owner and Solder el all indebtedness ;soured by the toraJotnd trust deed. All lures lecured by the trust
deed haFe been fully paid and letlifted. You hereby at· directed, on pSyrnent to you at any eurrm owin~ te yqu under t~e terror at the
trust deed or purlsent to stututo, to canoes ell esdder~ee d Indabfedneel secured hy the trust deed (wPdch ~re d~rOd ~ pail herewith
together with the trust deed) and to recom, ey, without Warranty, to the patties deallasted by the tel·eat tke teat deed'the estate now
held by you under the mm~e. Mail reconwayance and doeurnentl to .............. .'. ................................................................................................................
DATED: ......................................~ ...................,19 ...........
Bermfidery
LA-59874
EXI.I~BIT A
Beginning at a point on the east line of North Mountain Avenue, which
point beers 30.0 feet EaSt and 580.90 feet North of the southeast corner
of Donation Lend Claim No. 41, Township 39 South, Range I East Of the
Willamette Meridian in Jackson County, Oregon; thence North 111.8 feet;
thence North 89°30' East 303.10 feet7 thence South 111.8 feet; thence
South 89°30' West 303.10 feet to the point of beginning.
(COde 5-1', Account #1-5116-2, Map #391E4DD, Tax Lot #300)
~ -'/~ JUN 0 ~ 1994 ~='A4.
KAT~ s. Br:CKETT
PROMISSORY NOTE
$44,000.00
I/WE,
Medford, Oregon
JUNE 2, ')994
· 1994
JOINTLY AND SEVERALLY, PROMISE TO PAY TO THE ORDER OF
JACK R. GUNTER end BETTY IRENE GUNTER, husband and wife or the survivor
thereof AT PLACE DESXGNATED BY BENEFICIARY, THE 8~M OF
FORTY FOUR THOUSAND AND NO/iO0 DOLLARS,
ANNUALLY AND IS INCLUDED THE MXNIMUM]PAYMENT8 ABOVE REQUIRED; THE FIRST
PAYMENT IS TO BE MaDE 0NTHE ~ DaY OF JUNE , 19 95 , AND ALXKE
PAYMENT ON THE 8Pa4E DAY OF EACH JUNE THEREAFTER, UNTIL THE WHOLE SUM,
PRINCIPAL AND INTENEST HA8 BEEN PAXD. IF ANY OF 8AID INSTALLMENT8 IS NOT
80 PAID· ALL PRINCXPAL AND INTEREST TO BECOME XMMEDIATELY DUE AND
C0LLECTIBLE AT THE OPTION OF THE HOLDER OF THIS NOTE.
IF THIS NOTEIS PLACED IN THE HANDS OF AN ATTORNEY FOR COLLECTION, 1/WE
PROMISE AND AGREE TO PAY HOLDER'8 REASONABLE ATTORNEYeS FEES aND
COLLECTION C0STS, EVEN THOUGH NO SUIT OR ACTION 18 FILE HEREON; HOWEVER,
IF A SUIT OR AN ACTION IS FILED, THE AMOUNT OF SUCH REASONABLE ATTORNEY eS
FEE8 8HALL BE FIXED BY THE COURT, OR COURTS IN WHICH THE SUIT OR ACTXON,
INCLUDING ANY APPEAL THENEIN, I8 TRIED· HEARD OR DECIDED.
THIS NOTE IS SECURED BY A DEED OF TRUST OF EVEN DATE HENENITH WHICH
CONTAINS A CONSENT CLAUSE.
THERE 8HALL BE NO PREPAYMBNT PENALTY.
REOUEST FOR FULL RECO,'.'VEYANCE
TO BE USED ONLY Wgrjq OBLIGATIONS HAVE BEEN PAID
TO:CCXiTID~NTAL LAWYERS TITLE CCMPANY, a California Corporation , TRUSTEE
The unders!gned ls the legal O~ner and holder of all Indebtedness
secured by Trus~ Deed dated and recorded
as instrumen~ number of the Offlclal Records of
Jackson CountT, Oregon, on .
~r.v. SUMS SECURED BY SAZD TRUS~' DEED ~IAVE BEEN FUE, LY PAID AND
SATISFIED. YOu are hereby d!rect:ed~ on paamen~ ~;o you of an]F s,,~_~
awtng to you ~ r~e ~rms of sald Trus= Dcc~ or pursuan= ~o
statute, to canoe1 all evlder~es of indebtedness secured by said
~ Dc~ (w~ ~ de. lt~ to ~ herewlth ?x)gether wl~ ~d
Trust ~c.d) ~ T~ reconvey, ~T~ut warran%7, to ~e partles
de$1~ b~ ~ terms of sa~ Tx~ ~cd ~ estate now held by
you m~der t, he .same.
Mat1 reoonveyance documents
Da ted:
Beneficiary
June 13, 2000
City of AshlandCity Hall
20 East Main
Ashland, OR 97520
Attn; Sharlene Stephens
Re: Collec~onNo. 11074
Dear Ms. Stephens:
The above Collection Account has now been closed and e~closed please find the following:
I. Original Promissory Note, da~edJune2,1994intheamountof$44,000.00
2. Odginal Tmst Deed, recorded as No. 94-21 131
3. Original Request for Full Reconveyance
Pe~ our conversation, please return these documents to Jackson County Title, arm: Reconveyance
DepaRment, along with your ch~ck mad~ pityable to Jackson County Title in the amount of $66.00 for fees.
Please do not hesitate to contnct this office if you have any questions.
Sincerely,
JACKSON COUNTY TITLE D~SION
Judy A. Sauder
Account Servicing Officer
Enclosures
1555 E. MCANDREWS RID
IvIEDFORD OR 97504
(541 )779-28 ! 3
Jackson County Title
Division of Oregon Title Insurance Co.
1555 East McAndrews Road, Suite 100
Medford, Oregon 97504
Tel: (541) 779-2811/Fax: (541) 772-6079
July 11, 2000
City of Ashland
Office of the City Attorney
20 East Main Street
Ashland, Oregon 97520
RE:
Payee: Jack R. Gunter and Betty Irene Gunter
Our Collection Escrow No. 11074
Our Order No. LA-59874
Enclosed herewith is the following item:
1. Full Reconveyance recorded as Instrument No. 00-27278 for Deed
of Trust 94-21131
If you should have any questions regarding the enclosed item,
please do not hesitate to contact me.
Sincerely,
JACKSON COUNTY TITLE
D I.V~.IO_~ OF~G.0N TITLE INSURANCE
Reconveyance Department
rk
enc .
O0 27278
LAWYERS TITLE COMPANY
A Subsidiary of Lawyers Title Insurance Corporation
1555 E. McAndrews Road, Suite 100, Medford OR 97504
//OD
FULL RECONVEYANCE
The undersigned trustee or successor trustee under that certain trust deed dated 06/02/94,
executed and delivered by CITY OF ASHLAND
as Grantor, and recorded on 06/03/94, in the Official Records of JACKSON
County, Oregon, as Instrument NO. 94-21131 , conveying real property situated in said county
as described therein,
having received from the beneficiary under said trust deed a written request to reconvey,
reciting that the obligation secured by said trust deed has been fully paid and performed,
hereby does grant, bargain, sell and convey, but without any warranty, express or implied,
to the person or persons legally entitled thereto, all of the estate held by the undersigned
in and to said described premises by virtue of said trust deed.
IN WITNESS WHEREOF, the undersigned trustee has caused its corporate name to be signed
hereunder by its officers duly authorized thereunto by order of its Board of Directors.
Tue, Jun 27, 2000
Lawl;ers Title Company, formerly
Contin~tal Law/ers T~Company
by:/RDbert A. Bennett
'Assistant Secretary
STATE OF OREGON )
) SS
COUNTY OF JACKSON )
Tue, Jun 27, 2000, Personally appeared Robert A. Bennett,
who being duly sworn, did say that he is the Assistant
Secretary for Lawyers Title Company, and that said
instrument was signed in behalf of said corporation
by authority of its Board of Directors; and he acknowledged
said instrument to be its voluntary act and deed.
~Y~COMM OFFICIAL SSAL J
RUTH G KAIN
NOTAIL"I' PUBLIC-OREGON
COMMISSION NO. 331951
IS.SION ~D(PIRE5 FEB 24, 2004
Before me:
Notary Public for Oregon
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
After recording return to:
CITY OF ASHLAND
20 F3~ST MAIN STREET
ASHLAND, OREGON 97520
JUN'5 0 2000
OUNTY CLERK