HomeMy WebLinkAbout1996-015 Warranty Deed - Hudson .96-04116 JACKS(~ ~ TITLE DIV'I'S10N
502 W. Maqn Street (P. O. Box 218) Medford, OR 97501
WARRANTY D~
,iAT,T. ~ ~ T[-PF~_E 1:~:~]~]~'~, 'th~ ,
JERE H. HUDSON and ROBERTA L. HUDSON
(541) 779-2811
hereinafter called the Grantor, for the co~sideratic~ hereinafter stated, to Grantor
paid by
CITY OF ASHLAND, A MUNICIPAL CORPORATION OF THE STATE OF OREGON
hereinafter called the Grantee, does hereby grant, bargain, sell and cu~veyunto the
said Grantee and Grantee's heirs, suocessors and assigns, that ~inreal property
with the ter~m~ts, hereditaments and appurtenances thereunto belonging or apperdmain-
ing, situated in the County of JACKSON , State of Or~3on, described as follows
to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
TO HAVE AND TO ~OLD the ~ unto the said Grantee and Grantee's heirs, suocessors
and assigns forever.
And Grantor hereby oovenants to and with Grantees and the heirs of the survivor and
their assigns, that Grantor is lawfully seized in fee simple of the above granted
premises, free from all encu~ances, EXCEPT
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
and that Grantor will warrant and forever defend the said pr~nises and every part and
parcel thereof against the lawful claims and demands of all persons wh~m~:~, except
those cla/ming under the above described encumbrances.
THE TR~E AND ACTtrAL CONSIDERATION paid for this transfer, stated in terms of dollars
is $ 208,000.00
WHERE THE CONTEXT SO R~QUIRES, the singular includes the plural and all grammatical
changes shall be implied to make the provisions hereof apply equally to individuals and
~ WITNESS WHEREOF, the grantor has executed this instrument this ~1~ F day of
~-INST~]~T WILL NOT BLTOW USE OF T~E PROPERTY DESCRIBED IN TDLIS ~ IN
VIOLATION OF APPL~.CABLE LAND U~E LAWS AND R~G~ILATIONS. BEFORE SIGNING OR ACCEPTING THIS
n~m~T, THE PERS~ ACQULRB~ FEE TITLE TO THE PROPERTY S~0ULD ~ WITH THE APPR0-
LIMITS O~AGAINST FAR~ING OR FOREST PRACTICES AS DEFINED IN ORS 30.930."
STATE OF ORE6~N } ,
The foregoing i~strume~t w~s acknowledged before me this
JERE H. HUDSON and ROBERTA L. HUDSON
!
~N.ctary Publ;c for O~
O~,,,d ssio~ expires
Mail Tax Statements to:
Grantee
SPACE FOR REOORDER'S USE
96-04116
LAND
DESCRIPTION
Commencing at the ACCEPTED Quarter corner common to Sections
5 and 8, Township 39 South, Range 1 East of the Willamette Base
and Meridian, Jackson County, Oregon being monumented with a 1
inch diameter galvanized iron pipe with 2.5 inch diameter brass
cap;
THENCE South 00 degrees 13 minutes 53 seconds East for a
distance of 1333.07 feet to a 5/8 inch iron rod situated at a
point common to those Boundary Lines by Agreement recorded as
Document Nos. 78-11551, 78-09396 and 78-07062 of the Official
Records of Jackson County, Oregon;
THENCE North 89 degrees 36 minutes 42 seconds East along that
Boundary Line by Agreement last referred to hereinabove for a
distance of 255.775 feet to a 5/8 inch iron rod;
THENCE continuing along said Boundary Line by Agreement,
North 00 degrees 41 minutes 17 seconds West for a distance of
5.215 feet to a 5/8 inch iron rod situated in the East-West
centerline of the Northeast quarter of Section 8, said Township
and Range;
THENCE South 89 degrees 56 minutes 07 seconds East along said
East-West centerline of the Northeast quarter of Section 8, for a
distance of 296.44 feet to a found 5/8 inch iron rod situated at
the Northwest corner of Parcel No. 2 of that MINOR LAND PARTITION
filed for record the 25th day of October, 1978 and recorded in
Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County,
Oregon;
THENCE South 01 degree 56 minutes 46 seconds West along the
Westerly boundary line of Parcel No. 2 of the hereinabove referred
to MINOR LAND PARTITION for a distance of 276.06 feet to the TRUE
POINT OF BEGINNING;
THENCE leaving said Westerly boundary line, South 89 degrees
56 minutes 07 seconds East for a distance of 238.629 feet to a 5/8
inch iron rod situated at the Northwest corner of Parcel No. 1 of
that Land Partition Survey filed for record the 6th day of
February, 1996 and recorded as Partition Plat No. P-15-1996 of the
Records of Partition Plats in Jackson County, Oregon, Index Volume
7 at Page 15;
THENCE South 00 degrees 00 minutes 00 seconds East along the
Westerly boundary line of said Parcel No. 1 for a distance of
232.34 feet to a found 5/8 inch iron rod situated in the
Northeasterly right of way line of Strawberry Lane, said right of
way line being established on that MINOR LAND PARTITION filed for
record the 25th day of October, 1978 and recorded in Volume 2 at
Page 55 of "MINOR LAND PARTITIONS" in Jackson County, Oregon;
THENCE North 73 degrees 30 minutes 00 seconds West along said
Northeasterly right of way line for a distance of 150.74 feet to a
5/8 inch iron rod;
THENCE along a curve to the left having a radius of 247.000
6- 4116
Hudson to City of Ashland
Page 2
feet, a central angle of 22 degrees 20 minutes 00 seconds and an
arc length of 96.28 feet, being subtended by a chord of North 84
degrees 40 minutes 00 seconds West for a distance of 95.67 feet to
a 5/8 inch iron rod situated in the Northwesterly right of way
line of Strawberry Lane;
THENCE continuing along said right of way line, South 84
degrees 10 minutes 00 seconds West for a distance of 5.025 feet to
a 1 by 30 inch galvanized iron pipe situated at the Southwest
corner of Parcel No. 2 of that MINOR LAND PARTITION filed for
record the 25th day of October, 1978 and recorded in Volume 2 at
Page 55 of "MINOR LAND PARTITIONS" in Jackson County, Oregon;
THENCE leaving said Northwesterly right of way line, North 01
degrees 56 minutes 46 seconds East along the Westerly boundary
line of the last hereinabove referred to Parcel No. 2 for a
distance of 181.515 feet to the point of beginning.
ALSO INCLUDING, a tract of land more fully described as
follows: Commencing at the Northwest corner of that tract of land
as set forth hereinabove;
THENCE South 89 degrees 56 minutes 07 seconds East for a
distance of 247.81 feet (deed record South 89 degrees 56 minutes
07 seconds East for a distance of 247.82 feet) to a 5/8 inch iron
rod situated in the Southwesterly easement line of a Natural
Drainage Way Easement as set forth on that MINOR LAND PARTITION
filed for record the 25th day of October, 1978 and recorded in
Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County,
Oregon;
THENCE along said Southwesterly and Southerly easement line
the following courses:
THENCE South 54 degrees 03 minutes 43 seconds East for a
distance of 47.045 feet to a 5/8 inch iron rod;
THENCE South 74 degrees 39 minutes 14 seconds East for a
distance of 107.58 feet to a 5/8 inch iron rod;
THENCE South 88 degrees 18 minutes 27 seconds East 79.565
feet to a 5/8 inch iron rod situated at the Northeast corner of
Parcel No. 1 of that Land Partition Survey filed for record the
6th day of February, 1996 and recorded as Partition Plat No. P-15-
1996 of the records of Partition Plats in Jackson County, Oregon,
Index Volume 7 at Page 15, and being the TRUE POINT OF BEGINNING;
THENCE continuing North 88 degrees 18 minutes 27 seconds East
for a distance of 7.585 feet to an angle point;
THENCE North 88 degrees 29 minutes 30 seconds East for a
distance of 126.56 feet to a point in the new Westerly right of
way line of Ditch Road as set forth on that MINOR LAND PARTITION
filed for record the 25th day of October, 1978 and recorded in
6-0411(
Hudson to City of Ashland
Page 3
Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County,
Oregon;
THENCE leaving said Natural Drainage Way Easement boundary
line, along said Westerly Road right of way line the following
courses:
THENCE South 10 degrees 49 minutes 35 seconds West for a
distance of 43.215 feet to a found 5/8 inch iron rod;
THENCE along a curve to the right having a radius of 200.000
feet, a central angle of 12 degrees 16 minutes 00 seconds and an
arc length of 42.815 feet, being subtended by a chord of South 16
degrees 57 minutes 35 seconds West for a distance of 42.74 feet to
a found 5/8 inch iron rod;
THENCE South 23 degrees 05 minutes 35 seconds West for a
distance of 31.035 feet to a found 5/8 inch iron rod;
THENCE along a curve to the left having a radius of 150.000
feet, a central angle of 26 degrees 22 minutes 00 seconds and an
arc length of 69.025 feet, being subtended by a chord of South 09
degrees 54 minutes 35.0 seconds West for a distance of 68.42 feet
to a 5/8 inch iron rod;
THENCE South 03 degrees 16 minutes 25 seconds East for a
distance of 64.01 feet to a found 3/4 inch galvanized iron pipe
situated at the Northeast corner of that tract of land as set
forth in Document No. 92-00566 of the Official Records of Jackson
County, Oregon;
THENCE leaving said Westerly Road right of way line, North 89
degrees 54 minutes 40 seconds West along the Northerly boundary
line of that tract of land as referred to in said Document No. 92-
00566 of said Official Records for a distance of 258.22 feet to a
found 3/4 inch galvanized iron pipe situated at the Northwest
corner thereof;
THENCE leaving said tract of land along the Northeasterly
right of way line of Strawberry Lane as set forth on that MINOR
LAND PARTITION file for record the 25th day of October, 1978 and
recorded in Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in
Jackson County, Oregon, along a non-tangent curve to the left
having a radius of 97.000 feet, a central angle of 23 degrees 13
minutes 47 seconds and an arc length of 39.33 feet, being
subtended by a chord of North 27 degrees 55 minutes 08 seconds
West for a distance of 39.06 feet to a 5/8 inch iron rod situated
at the South-Southwest corner of Parcel No. 1 of that Land
Partition Survey filed for record the 6th day of February, 1996
and recorded as Partition Plat No.P-15-1996 of the Records of
Partition Plats in Jackson County, Oregon, Index Volume 7, Page
15;
THENCE leaving said Northeasterly right of way line, South 89
degrees 54 minutes 40 seconds East along the Southerly boundary
line of said Parcel No. 1 for a distance of 183.29 feet to a 5/8
inch iron rod;
36-(. 411G
Hudson to City of Ashland
Page 4
THENCE North 00 degrees 00 minutes 00 seconds East along the
Easterly boundary line of said Parcel No. 1 for a distance of
205.44 feet to the point of beginning.
Together with and subject to covenants, easements, and
restrictions of record and those apparent on the land.
Said property contains 1.825 acres, more or less.
GRANTORS: Jere H. Hudson
Roberta L. Hudson, h & w
Grantee:
City of Ashland, a Municipal
Corporation of the State of Oregon
February 7, 1996
ref: Hudson3.1eg
Jaclcson Count/, Oregon
Recorded
OFFICIAL RECO~.DS
PROMISSORY NOTE
$144,000.00 Medford, Oregon ~~ ~1 ,~
I/WE, JOINTLY AND SEVERALLY, PROMISE TO PAY TO THE ORDER OF
1996
JERE H. HUDSON and ROBERTA L. HUDSON, husband and wife or the survivor
thereof now of record AT PLACE DESIGNATED BY BENEFICIARY, THE SUM OF
ONE HUNDRED FORTY FOUR THOUSAND AND N0/100 DOLLARS,
WITH INTEREST THEREON AT THE RATE OF 6 PERCENT PER ANNUM FROM
FEBRUARY 8th, 1996 UNTIL PAID, PRINCIPAL AND INTEREST PAYABLE IN
AUNAL INSTALLMENTS OF NOT LESS THAN $19~ 565.00 IN ANY ONE PAYMENT~ EACH
PAYMENT AS MADE SHALL BE APPLIED FIRST TO ACCUMULATED INTEREST AND THE
BALANCE TO PRINCIPAL; THE FIRST PAYMENT IS TO BE MADE ON THE 31st DAY OF
JANUARY , 1997, AND A LIKE PAYMENT ON THE SAME DAY OF EACH JANUARY
THEREAFTER, UNTIL 31stDAY OF JANUARY 2006, WHEN THE WHOLE UNPAID BALANCE
HEREOF, IF ANY, SHALL BECOME DUE AND PAYABLE; IF ANY OF SAID INSTALLMENTS
IS NOT SO PAID, THE WHOLE SUM OF BOTH PRINCIPAL AND INTEREST TO BECOME
IMMEDIATELY DUE AND COLLECTIBLE AT THE OPTION OF THE HOLDER OF THIS NOTE.
IF THIS NOTE IS PLACED IN THE HANDS OF AN ATTORNEY FOR COLLECTION, I/WE
PROMISE AND AGREE TO PAY HOLDER'S REASONABLE ATTORNEY'S FEES AND
COLLECTION COSTS OF THE HOLDER HEREOF, AND IF SUIT OR ACTION IS FILED
HEREON, ALSO PROMISE TO PAY (1) HOLDER'S REASONABLE ATTORNEY'S FEES TO BE
FIXED BY THE TRIAL COURT AND (2) IF ANY APPEAL IS TAKEN FROM ANY DECISION
OF THE TRIAL COURT, SUCH FURTHER SUM AS MAY BE FIXED BY THE APPELLATE
COURT, AS THE HOLDER'S REASONABLE ATTORNEY'S FEES IN THE APPELLATE COURT.
THERE SHALL BE NO PREPAYMENT PENALTY.
THIS NOTE IS SECURED BY A DEED OF TRUST OF EVEN DATE HEREWITH WHICH
CONTAINS A CONSENT CLAUSE.
CITY OF ASHLAND,
A MUNICIPAL CORPORATION
NL
g~--O~ ~7 TRUST DEED LA-65955~
· 1 January 96
THIS TRUST DEED, ~ade this .... ~....: ................. day of ....... : ........................................................... 19 ........... betweem
.......... C!.~. O~ .~.~n~,. ~ ~pn~g.~pg.1....~.q.~pg.~a.~.%gn .at_ ~he .5ra~9...g.f...9[~Qa .............................
............................................................................................................................................................................................... , as Granlor,
CONTINENTAL LAWYERS TITLE COMPANY, a California Corporation
........................................................................................................................................................................................ ~ as/rusree, ana
............ J.~.gE..~._~....~.g.E~.g.~._ ~....~.g.~.~.~.~.~...~_~....~.q~ ~.~.~.. _.~.9.~.~_9 P.~_..9.9.9....~.~ ~. ~....gE...~.~.~ ........................
~.P.U.Y.~.Y.q.E... ~.b.~.~.~P.~....~h9 ~.~....9.~.~.~ ~ ~.~....~ ~..~... 395...s~r a~barr.~.. Lane.,..~h~ ................ as Beneficiary,
WITNESSETH: Oregon 97520
Grantor irrev~ably ~ran~s, baf~aims, sells and conveys to trustee Jm /rust, with power of sale, the property
.~.~.~.~.~.~.~ .................................... County, Ore,on, described
See Exhibit "A" Attached hereto
together with all and singular the tenements, heredJtaments and appurtenances and all other rights thereunto belonging or in anywise now
or hereafter appertaJrdng, and the rents, issues and profits thereof and all tixtures now or hereafter attached to or used in connection with
the property.
FOR THE PURPOSE OF SECURING PERFORMANCE ot each at~reement o;~ ~rantor herein contained ar, dnavmen~of t~e
***********(144,000 O0 )************
' ............. Dollars, with interest t~ereon according to t~e terms el a
note el eve~ date herewith, ~yable to beneiiciary or order and made by grantor, the final payment ot prl,cJpal a~d Jnteresl ~ereot, it
~o~ ~ner paid, to ~ due and payable -.3anua =y.. 31 ............ ~ .2006
TAe date ot maturity ot the debt secured ~ this instrument is the date, stated above, on whJch the tinM Jnstallmenl el t~e note
~n~s due ~nd ~yable.
To protect the ~rJty of thls trust deed, grantor agrees:
1. To profit, pre~rve and maintain the pro~rty in g~ condition and repair; not to remove or demolish any building or
provaunt ther~n; not to ~t or ~r~t any waste el the property.
2. To ~mplete or restore promptly and in g~ and habitable condition any building or improvement which may b~ constructed,
d~g~ or destroyed ther~n, and pay when due all costs incurred therefor.
3. To ~mply with el] laws, ordinan~s, re~ulatlons, covenants, conditions and restrJctio~ atlectin~ the property,' it the beneliciary
~ requests, to join Jn ex~tJn~ ~ch tJna~Jn~ statements pursuant to tee Uniterin Commercial C~e as the beneliciary may require and
to ~y tot tiling ~ in the proof public oilice or otti~s, as well as the cost ot all lien ~arches made by tiling otticers or searchin~
agen~ea as may ~ d~ desirable by the ~neJicJary.
4. To provide and ~ntinu~sly maintain insurance on lhe buildings now or herealter erected on the property ajainst loss or
written in c~t~nJes a~ptable to the ~nellciary, with loss payable to the latter; all policies el inauramce shall be delivered to the
at least lilt~m days prior to the expiration of any policy of in,rance now or hereafter pla~d on the buildings, the beneficiary ~ay pro-
~re the ~ at ~rantor's ex~n~. The am~nt collect~ under any fire or other insurance policy may ~ applied by beneficiary upon
~y J~t~ ~r~ hereby and in su~ order aa ~netJciary ~ay determine, or at option at beneficiary the entire amount so collectS,
~ any ~rt t~r~f, ~y ~ relea~ to 8ranter. Such appli~tion or release shall not cure or waive any default or noti~ of default here-
u~er or ;nv~idate any act done putsunni to such noti~.
5. To k~p the pro~rty tree from ~lruction liens and ~o pay all iaxes, assessments and other charges that ~ay ~ levied or
a~ u~n or agai~t the pro~rty ~tore any part of ~ch iaxes, assessmeals and other char~es beco~e past due or delinquent and
promptly deliver re~Jpts therefor ~o ~neficiary; should the 8ranlot tail to make paymeal of any ~axes, a~essments, insurance
liens or other ~ar~s ~yable by 8ran~or, either by direct ~yment or by providJn8 beneficiary with funds with which to ~ake such pay-
~nt, ~fi~ary may, at its option, make pay~nt thereof, a~ the amounl ao paid, with interest at the rate set forth in the note
~r~ ~reby, to,ether with the ~ligations de~i~d in parajraphs 6 and 7 of this ~ruat de~, shall be added to and become a par~
the debt ~r~ by this t~st d~d, wither waiver of any rights arima8 from breach of any of the covenants hereof and for su~ payments,
with ;nter~t as aiore~id, the pro~rty herein~fore describ, as well as the 8ranter, shall be bound to the sa~e extent that they are
~ ~ the ~y~n[ of the ~ligation herein described, and all such payments shall be i~medialely due and payable without halice,
a~ t~ ~y~nt thereof shall, at the option of the ~ticJary, render all ~ms secured by thJ~ trua~ deed immediately due and pay-
~le a~ ~sti~te a brea~ at this tm~t d~.
6. ~o ~y all ~ts, f~a and ex~nsea of ~hia t~st includln8 the cost of title search aa well as the other costs a~ expenses of the
tmst~ i=rr~ in ~tion with or Jn entering this obligation and ~rustee's and attorney's fees actually incurred.
7. To apter in ~d defend ~y action or pr~edin8 purporting to aff~t the se~rJty rights or powers of ~neHciary or
~ in ~y ~it, action or prying in which the ~neHciary or trust~ may ap~ar, including any suit lot the for~l~ure at this d~d,
to ~y ~1 ~sts a~ ez~s, includi~ evide~ o1 title and the ~neficiary's or trustee's attorney's fees; the amount of attor~y's tees
~io~ in tMs paragraph ? in all ~ s~11 ~ fixed by the trial court and in the event of an ap~al [ram any judgment or de~
the trial ~rt, grater ~rther agrees to pay ~ch ~m as the aprilate court shall adjudge reasonhie as the beneficJary's or trusiee's at-
]t is mu~ally agr~ that:
8. In t~ event that any ~tion or all of the pro~rfy shall be taken under the right of eminent domain or condemnation,
ti~ary ~all have the right, if it ~ elects, to r~uJre that all or any ~rtion of the monies payable as com~nsation for such taking,
NO~: ~e Trust ~ed Act p~vides that ~e t~stee hereunder must be ellher an efforney, who Is an active member of the Oregon State Bar, a bank,
tmtt c~ny or savings and I~n association authorized ~ do buslnes~ under Ihe laws of Oregon or lhe Unlt~ States, a tlHe I~surance company oufho-
Hz~ ~ insure tllle ~ real pm~ of this s~, i~ subsldia~es, affiliates, agents or branches, the United States or any agency thereof, or an escrow
a~nt llc~ un~r O~ 696.505 ~ 696.585.
TRUST DEED
CITY OF ASHLAND
JERE H. HUDSON
'"E~§'f:"~"~.""f.:':'"'gO'~'§'6'fi ......................................
Aft~ Reco~diag !,turn to ~Lm~. Address, Zlpl,
Jackson County Title Division
"'~7 ~'"'L'i'~Ei'~'"W~'~' ..............................................
"'~ ~'~ l'a'~i'a""6'~i'"~'~'~'~'0 .........................................
FOR
RIrCORDER'S Ugir
STATE OF OREGON,
County of ............................................~ ss.
I certify that the within instrument
was received for record on the .......... day
of ................................................,19 ........, at
................. o'clock ......M., and recorded in
book/reel/volume No ................... on
........................ and/or a~ £e.e/file/instru-
ment /micro£ilr~/recepti/or~ No ................. ,
Record o£ ........... k""'*/" of said County.
Witness~r~ hand and seal of
County
By .................................................., Deputy
96-04117
which are Jn exces~ o! the amount required ~o pay all reasonable costs, ex~nses and attorney's tees n~s~rily ~id or in~rr~ by ~rant~
~n ~ch pryings, shall ~ paid to ~ne~ic~ary and appl~ by it tirst upon any reasonable c~ts and ex~n~s and attor~y's t~, ~th
~n the trial a~ apeHate c~rts, ne~ssarily paid or in~rr~ by ~ticiary in such pr~edin~s, and the ~la~ appli~ u~ t~
~ae ~red hereby; and Eranear strata, at its own axing, to take such actions and execute such inst~nts as ~aIl ~
in obta]nJn~ eu~ ~m~n~tion, promptly u~n ~Jciary'a request.
9. dt any time and lrom time to time upon written r~uest of ~neH~ary, pay~nt o~ its f~s a~ pr~nfatlon of this d~
the note for endorse~nt ~]n ~ae at ~ull reconveya~s, for cancellation), wlfh~t affectlnE the liability of any ~r~ for the ~y~nt
the indebtedness, trust~ may (a) consent to the maktn~ at any map or plat o~ the pro~rfy; (b) join in ~ranli~ any ea~nt or
inE any restriction ther~n; (c) join in any ~bordinatlon or other a~ree~ent atfectin~ this de~ or the llen or ~ar~ ther~li
reinray, without warranty, all or any part of the pro~rty. The ~rantee ~n any reconveyance may ~ descried as the "~rson or
leEally entitl~ thereto," and the recitals therein of any matters or tacts shall be conclusive pr~l of the t~thful~ fher~f. T~st~'s
Ie~ for any oI the ~rvi~a ~entioned in this paragraph shall be not less than $5.
~0. Upon any default by ;rantor hereunder, ~neticiary may at any time without not]~, either in ~r~n, by a~ent or by a r~iver
to ~ ap~nted by a ~urt, and without re~ard to the ade~acy o~ any s~urity for the indebf~ss hereby ~r~, enter u~n a~ take
~s~ssion of the property or any p~f thereof, ]n J~s own name sue or othe~ise collect the rents, ~s~es and proHts, ]~udin~ th~ ~st
due and unpaid, and apply the same, less costs and expends o~ o~ration and collection, ~ncludin~ reasonable affor~y's f~s u~ any
indebtedness ~cur~ hereby, and in such order as beneficiary ~ay determine.
~. The anttrinE upon and fakJn~ possession at the property, the collation oI such rents, issues and pro~i~s, ~ the pros of
and other in,rance policies or com~naation or awards for any takinE or damsEe o~ the pro~rty, and the appli~tion or release ther~f as
storesaid, shall not cure or waive any delault or notice at detaull hereunder or invalidate any act do~ pursuant to su~
12. ~n dotsuit by ~rantor in payment at any indebtedness ~cured hereby or in ~rantor's perlornlat~ at any a~reenmnt hereut~er. tinm
beJn~ o~ the eeee~ with reape=~ to ~ch pay~nt and/or ~rlormance, ~he benetlelary may declare all sums a~r~ hereby imn~iateIy
due and payable. In such an event the beneliciary may elect to pr~e~ to loreclo~ this trust d~d in equity as a ~rt~a~ or dlr~t
truet~ to ~oreclo~ ~hle trust deed by advertisement and ~ale, or may direct the ~rustee to pursue any other right or ren~)'. either at
law or in equity, which the ~ne~iciary may have. In the event the ~neficiary elects to torec]~ by adverti~nmnt a~ sale. the
ticlary or the truat~ shall axecues and ~uae to ~ record~ a written notice at deIault and election to sell the pro~rty to satisfy the
tion ~red hereby whereupon the t~stee shall ~ix the time and pla~ o~ sale, ~ive noti~ ther~l as then requlr~ by law and pr~
to ~orecl~ this t~at deed in the manner provided in O~S 86.735 to 86.7P5.
13. Alter the trustee has comme~ loreclosure by adver~ent and sale, and at any Hme pr~or to 5 days ~Iore the date the
flushes ~nducts the sale, the ~rantor or any other ~rson so privileged by ORS 86.75J, may ~re the de~aul~ or defaults. 1~ the default
~naJats o] a ~ailure to pay, when due, au~s ~cured by the trust deed, the dotsuit may ~ cured by payin~ the entire am~nt due at the
time oi the cure other ~han such parlion as would not then be due had no de~aul~ ~curred. Any other default that ;s ~pable o~ ~in~
cur~ may ~ ~red by tenderi~ the ~rlorman~ required under the ~li~ation or trust d~d. In any ~se, in addition to ~rin~ t~ de-
tault or dotsuite, ~he ~raon eHectin~ the cure shall pay to the beneficiary all costs and ex~n~s actually in~rr~ in enforcln~
the obli~aHon ol the trust de~ to,ether wi~h trustso's and attorney's ~ees not exc~dln~ the amounts provided by law.
~4. Otherwise, the sale shall be held on the date a~ at the time and place designated in the noti~ of sale or the t;~ to which
the aais may be postponed a= provided by law. The trustee may sell the pro~rty either in one pardi or in ~rate parris and ~all ~11
the parcel or parcels at auction ~o the hi, heat bidder tar cash, payable at the time of sale. Trustee shall deliver to the purchaser its
in torre aa required by law conveyln~ the property so sold, but without any covenant or warranty, express or implied. The recitals ~n
d~d at any ~a~ters ol iac~ shah be collusive prool o~ the truthlulness thereaL Any ~rson. exc]udin~ the trust~. but ~nc]udin~ the
~rantor and beneticlary, may purcha~ at the sale.
15. When trustee sella pursuan~ to the powers provided herein, trustee shah apply the pr~eeds o~ sale to payment at (1) the ex-
~nses o~ sale, ]ncludln~ the com~nsation ol ~he trustee and a reasonable charge by trustso's attorney, (2~ to the obli~aHon ~r~ by
the trust d~d, (3) ~o all perso~ havln~ recorded liens subsequent to the ]nterest oI the trustee ~n the trust deed as their interests may
appear in ~he order o~ their priority and ~ the surplus, ~I any, to the ~rantor or to any successor in ~nterest entitled ~o such ~rplus.
16. ~eneJ~ciary ~ay ]ro~ time to H~e appoint a successor or successors to any trustee na~ed herein or to any su~ssor trustee
appointed hereunder. Upon such appointment, and without conveyan~ to the succe~or trustee, the latter shaU ~ vest~ with all title.
powers and duties con~erred upon any trust~ herein na~ed or appointed hereunder. ~ach such appointment and subs~Hon shall
made by written instrument executed by benetlciary, which, when recorded in the mortgage records ol the county or counHes ;n which the
property ]s situated, shall be conclusive prat o~ proper ap~intment at the successor trustee.
12. Trustee ac~pts this trust when this deed, duly executed and ack~wIed~ed, is made a public record as provided by ~aw. Trustee
is not obligated to nodty any party hereto o~ pendin~ sale under any other deed oI ~rus~ or ol any act/on or proc~din( in which ~rantor,
beneticiary or trustee shall be a party unless such action or pr~eedln~ is brought by trustee.
The ~rantor covenants and a~r~s to and with the beneilciary and the beneticlary's suc~ssor ;n interest that the ~rantor ~s
~Jzed in ~ simple o[ the real property and has a valid, unencumbered title thereto
and that the ~rantor will warrant and torevet defend the same a~ainst a// persons whomsoever.
The ~rantor warrants that the proceeds of the /Dan represented by the above Ecscfilial note and this trust deed are:
(a)* primarily for 8ranlot's personal, family or household purposes (see Important Notice below).
('b) for an ordanization, or (even if 8rantor 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, ledatees, devisees, administrators, executors,
personal representatives, successors and assigns. The term beneficiary shall mean the holder and owner, includlr~ ploddee, of the contract
seCured hereby, whether or not named as a beneficiary herein.
In construin~ this mortgage, it is understood that the marthadot or mortgadee n3ay be ~]ore than one person; that if the context so
requires, the singular shall be taken to mean and include the plural, and that generally all ~rammatical chan~es shall be made. assumed and
implied to make the provisions hereof apply equally to corporations and to individuals.
IIV WITNESS WHEREOF, the ~rantor has executed this instrument the day and year first above written.
CT?¥ OF ASHLAND
* IMPORTANT NOTICE: Delete, by lining out, whichever warranty is) or [b} is ....... A---[~U~-'c~-'p'c~"~'"CO1~[ZrOr~-t'~'O~
as ~uch word I~ defined in the Truth-in-Lending Act and Regulation Z, the ..................
beneficiary MUST comply with the Act and Regulation by making required ~~~ ~/~ ~~
dl~lotures; for this purpose ute Stevens-Neff Form No. 1319, or equlv=lenl.
If compliance wl~ the Act h hal required, disregard this notice.
STATE OF O~00N, County oi ..... "~.. '~:)'.~ ........... A..;.) ss. ,
d~his instrument.ros acknowle~ed betore me on ....... ~....~.~..~..~J....~5..~ ..... 19..~.~ 'l
by.. 7~d.~'...~..~...C.~.e:..~.~_ 2~_..~::~.~ ............................ T~ ..................:. if. ..............................
.This i~str~ent w~ ackno~lAd~ed ~eiore me on ......... .~ ..... ~._.~...0.~ ...... _~..~... 19..~,
I
NOTARY PUBLIC - OREGON ................. z ..........................................................: ......................':
~ ~ MY DMMI~ION ~PIR~ APR. 6, 1~ ~ My commission expires ~: O' - ~' ~
_ ~~~ - - - ........r .....................................................
REQUEST FOR FULL RE~ONVEYANEE {To be used only when obligations have been ~id.J
TO: ............................................................................. , Trustee ,
The undersidn~ is the ledal owner and holder at all indebtedness secured by tbe toregoi~8 trust deed. All sums secured ~y the
deed have bee~ tully paid and aati~lied, You &ereby are directS, on payment to you at any ~ma owi~ ~o you under the ter~ at
trust deed or pursuant to ~tamte, to ~n~l all evidences at indebtedness seared by the trust deed (which are dellvoted to y~ herewit&
to~ether with the trust de~) a~ to r~onvey, without warranty, to the parties designated by the terms O[ the trust deed the estate now
held by y~ under the same. ~ail reconveyance and d~mente to
DATED: .............................................................................. lP .......................................................................................................................
Do not lose or'destroy this Trusl Deed OR THE NOTE which it secures. ii
Both must be delivered to the truslee for cancellet on before I
reconveyance will be made. Beneticiary ][
,
96-0411'7
LAND
DESCRIPTION
Commencing at the ACCEPTED Quarter corner common to Sections
5 and 8, Township 39 South, Range 1 East of the Willamette Base ~ ~
and Meridian, Jackson County, Oregon being monumented with a 1
inch diameter galvanized iron pipe with 2.5 inch diameter brass
cap;
THENCE South 00 degrees 13 minutes 53 seconds East for a
distance of 1333.07 feet to a 5/8 inch iron rod situated at a
point common to those Boundary Lines by Agreement recorded as
Document Nos. 78-11551, 78-09396 and 78-07062 of the Official
Records of Jackson County, Oregon;
THENCE North 89 degrees 36 minutes 42 seconds East along that
Boundary Line by Agreement last referred to hereinabove for a
distance of 255.775 feet to a 5/8 inch iron rod;
THENCE continuing along said Boundary Line by Agreement,
North 00 degrees 41 minutes 17 seconds West for a distance of
5.215 feet to a 5/8 inch iron rod situated in the East-West
centerline of the Northeast quarter of Section 8, said Township
and Range;
THENCE South 89 degrees 56 minutes 07 seconds East along said
East-West centerline of the Northeast quarter of Section 8, for a
distance of 296.44 feet to a found 5/8 inch iron rod situated at
the Northwest corner of Parcel No. 2 of that MINOR LAND PARTITION
filed for record the 25th day of October, 1978 and recorded in
Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County,
Oregon;
THENCE South 01 degree 56 minutes 46 seconds West along the
Westerly boundary line of Parcel No. 2 of the hereinabove referred
to MINOR LAND PARTITION for a distance of 276.06 feet to the TRUE
POINT OF BEGINNING;
THENCE leaving said Westerly boundary line, South 89 degrees
56 minutes 07 seconds East for a distance of 238.625 feet to a 5/8
inch iron rod situated at the Northwest corner of Parcel No. 1 of
that Land Partition Survey filed for record the 6th day of
February, 1996 and recorded as Partition Plat No. P-15-1996 of the
Records of Partition Plats in Jackson County, Oregon, Index Volume
7 at Page 15;
THENCE South 00 degrees 00 minutes 00 seconds East along the
Westerly boundary line of said Parcel No. 1 for a distance of
232.34 feet to a found 5/8 inch iron rod situated in the
Northeasterly right of way line of Strawberry Lane, said right of
way line being established on that MINOR LAND PARTITION filed for
record the 25th day of October, 1978 and recorded in Volume 2 at
Page 55 of "MINOR LAND PARTITIONS" in Jackson County, Oregon;
THENCE North 73 degrees 30 minutes 00 seconds West along said
Northeasterly right of way line for a distance of 150.74 feet to a
5/8 inch iron rod;
THENCE along a curve to the left having a radius of 247.000
96-04117
Hudson to City of Ashland
Page 2
feet, a central angle of 22 degrees 20 minutes 00 seconds and an
arc length of 96.28 feet, being subtended by a chord of North
degrees 40 minutes 00 seconds West for a distance of 95.67 feet to
a 5/8 inch iron rod situated in the Northwesterly right of way
line of Strawberry Lane;
THENCE continuing along said right of way line, South 84
degrees 10 minutes 00 seconds West for a distance of 5.025 feet to
a 1 by 30 inch galvanized iron pipe situated at the Southwest
corner of Parcel No. 2 of that MINOR LAND PARTITION filed for
record the 25th day of October, 1978 and recorded in Volume 2 at
Page 55 of "MINOR LAND PARTITIONS" in Jackson County, Oregon;
THENCE leaving said Northwesterly right of way line, North 01
degrees 56 minutes 46 seconds East along the Westerly boundary
line of the last hereinabove referred to Parcel No. 2 for a
distance of 181.515 feet to the point of beginning.
ALSO INCLUDING, a tract of land more fully described as
follows: Commencing at the Northwest corner of that tract of land
as set forth hereinabove;
THENCE South 89 degrees 56 minutes 07 seconds East for a
distance of 247.81 feet (deed record South 89 degrees 56 minutes
07 seconds East for a distance of 247.82 feet) to a 5/8 inch iron
rod situated in the Southwesterly easement line of a Natural
Drainage Way Easement as set forth on that MINOR LAND PARTITION
filed for record the 25th day of October, 1978 and recorded in
Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County,
Oregon;
THENCE along said Southwesterly and Southerly easement line
the following courses:
THENCE South 54 degrees 03 minutes 43 seconds East for a
distance of 47.045 feet to a 5/8 inch iron rod;
THENCE South 74 degrees 39 minutes 14 seconds East for a
distance of 107.58 feet to a 5/8 inch iron rod;
THENCE South 88 degrees 18 minutes 27 seconds East 79.565
feet to a 5/8 inch iron rod situated at the Northeast corner of
Parcel No. 1 of that Land Partition Survey filed for record the
6th day of February, 1996 and recorded as Partition Plat No. P-15-
1996 of the records of Partition Plats in Jackson County, Oregon,
Index Volume 7 at Page 15, and being the TRUE POINT OF BEGINNING;
THENCE continuing North 88 degrees 18 minutes 27 seconds East
for a distance of 7.585 feet to an angle point;
THENCE North 88 degrees 29 minutes 30 seconds East for a
distance of 126.56 feet to a point in the new Westerly right of
way line of Ditch Road as set forth on that MINOR LAND PARTITION
filed for record the 25th day of October, 1978 and recorded in
96-04117
Hudson to City of Ashland
Page 3
Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in Jackson County,~
Oregon; l
THENCE leaving said Natural Drainage Way Easement boundary
line, along said Westerly Road right of way line the following
courses:
THENCE South 10 degrees 49 minutes 35 seconds West for a
distance of 43.215 feet to a found 5/8 inch iron rod;
THENCE along a curve to the right having a radius of 200.000
feet, a central angle of 12 degrees 16 minutes 00 seconds and an
arc length of 42.815 feet, being subtended by a chord of South 16
degrees 57 minutes 35 seconds West for a distance of 42.74 feet to
a found 5/8 inch iron rod;
THENCE South 23 degrees 05 minutes 35 seconds West for a
distance of 31.035 feet to a found 5/8 inch iron rod;
THENCE along a curve to the left having a radius of 150.000
feet, a central angle of 26 degrees 22 minutes 00 seconds and an
arc length of 69.025 feet, being subtended by a chord of South 09
degrees 54 minutes 35.0 seconds West for a distance of 68.42 feet
to a 5/8 inch iron rod;
THENCE South 03 degrees 16 minutes 25 seconds East for a
distance of 64.01 feet to a found 3/4 inch galvanized iron pipe
situated at the Northeast corner of that tract of land as set
forth in Document No. 92-00566 of the Official Records of Jackson
County, Oregon;
THENCE leaving said Westerly Road right of way line, North 89
degrees 54 minutes 40 seconds West along the Northerly boundary
line of that tract of land as referred to in said Document No. 92-
00566 of said Official Records for a distance of 258.22 feet to a
found 3/4 inch galvanized iron pipe situated at the Northwest
corner thereof;
THENCE leaving said tract of land along the Northeasterly
right of way line of Strawberry Lane as set forth on that MINOR
LAND PARTITION file for record the 25th day of October, 1978 and
recorded in Volume 2 at Page 55 of "MINOR LAND PARTITIONS" in
Jackson County, Oregon, along a non-tangent curve to the left
having a radius of 97.000 feet, a central angle of 23 degrees 13
minutes 47 seconds and an arc length of 39.33 feet, being
subtended by a chord of North 27 degrees 55 minutes 08 seconds
West for a distance of 39.06 feet to a 5/8 inch iron rod situated
at the South-Southwest corner of Parcel No. 1 of that Land
Partition Survey filed for record the 6th day of February, 1996
and recorded as Partition Plat No.P-15-1996 of the Records of
Partition Plats in Jackson County, Oregon, Index Volume 7, Page
15;
THENCE leaving said Northeasterly right of way line, South 89
degrees 54 minutes 40 seconds East along the Southerly boundary_
line of said Parcel No. 1 for a distance of 183.29 feet to a 5/8
inch iron rod;
6 04117
~ Hudson to City of Ashland
Page 4
THENCE North 00 degrees 00 minutes 00 seconds East along the1
Easterly boundary line of said Parcel No. 1 for a distance of ~
205.44 feet to the point of beginning.
Together with and subject to covenants, easements, and
restrictions of record and those apparent on the land.
Said property contains 1.825 acres, more or less.
GRANTORS: Jere H. Hudson
Roberta L. Hudson, h & w
Grantee: City of Ashland, a Municipal
Corporation of the State of Oregon
February 7, 1996
ref: Hudson3.1eg
Jacksoe Courtly, Ore,on
Recorded
~91:TIC;AL Rr-COI~ r35