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Home My WebLink About2002-194 Warranty Deed - Keener346 EAST MAIN STREET ASHLAND, OR 97520-1833 BUS Fax (541) 488-0778 BUYER' S FINAL CLOSING STATEMENT RE: YOUR ESCROW NO: AS0753179 DATE: 12/05/2002 CLOSE OF ESCROW: 12/05/02 THE CITY OF ASHLAND, A MUNICIPAL CORPORATION (the "Buyer") is/are buying the subject property described herein from: HAROLD KEENER & FLORENCE KEENER JOINT REVOCABLE LIVING TRUST, DDTD: 8-10-95 (the "Seller"). SUBJECT PROPERTY: A PORTION OF 128 EAST NEVADA, ASHLAND, OR 97520 TITLE ORDER NO.: 0753179 PRORATE DATE: 12/05/02 I DEBIT I CREDIT PURCHASE PRICE I $162,500.00 BUYER DEPOSITS: I THE CITY OF ASHLAND 42,395.69 I PRORATIONS AS OF 12/05/02 I 2002-2003 REAL PPTY ® 1,775.05 paid to 07/01/03 I 1, o11.54 I NEW ENCUMBRANCE(S) I HAROLD KEENER & FLORENCE E. KEENER I I 121,875.00 I I ESCROW FEES: I I ~ERITITLE I I ESCROW CLOSING FEE I 243.00 COLLECTION SETUP FEE I 75.00 TITLE CHARGES: I AMERITITLE I OWNER'S STND-Z/2 EACH I 3O8.75 RECORDING-I/2 EACH WD & TD I 33.50 LIEN SEARCH FEE I 10.00 ADDITIONAL CHARGES & CREDITS: I TERRA SURVEYING COPY OF RECORDED PLAT CHECK TO THE CITY OF ASHLAND, A MUNIC PLEASE WIRE TRANSFER TO AMERITITLE I 6.00 I I I 82.90 I I TOTALS I $164,270.69 I $164,270.69 This statement delivered to buyer/borrower is certified to be a true and actual copy of the original ESC4ROW OFFICER:" EVA~INEYA~b 346 EAST MAIN STREET ASHLAND, OR 97520-1833 Bus Fax (541) 488-0778 BUYER' S FINAL CLOSING STATEMENT RE: YOUR ESCROW NO: AS0753179 DATE: 12/05/2002 CLOSE OF ESCROW: 12/05/02 THE CITY OF ASHLAND, A MUNICIPAL CORPORATION (the "Buyer") is/are buying the subject property described herein from: HAROLD KEENER & FLORENCE KEENER JOINT REVOCABLE LIVING TRUST, DDTD: 8-10-95 (the "Seller"). SUBJECT PROPERTY: A PORTION OF 128 EAST NEVADA, ASHLAND, OR 97520 TITLE ORDER NO.: 0753179 PRORATE DATE: 12/05/02 I DEBIT I CREDIT PURCHASE PRICE I $162,500.00 BUYER DEPOSITS: THE CITY OF ASHLAND 42,395.69 PRORATIONS AS OF 12/05/02 2002-2003 REAL PPTY @ 1,775.05 paid to 07/01/03 1,011.54 NEW ENCUMBRANCE(S) [ HAROLD KEENER & FLORENCE E. KEENER [ [ 121,875.00 ESCROW FEES: I AMERITITLE [ ESCROW CLOSING FEE I 243.00 COLLECTION SETUP FEE I 75.00 TITLE C RGES: I OWNER'S STND-1/2 EACH I 308.75 RECORDING-i/2 EACH WD & TD I 33.50 LIEN SEARCH FEE I 10.00 ADDITIONAL CHARGES & CREDITS: I TERRA SURVEYING I COPY OF RECORDED PLAT I 6.00 CHECK TO THE CITY OF ASHLAND, A MUNIC PLEASE WIRE TRANSFER TO AMERITITLE 82.90 TOTALS [ $164,270.69 [ $164,270.69 This statement delivered to buyer/borrower is certified to be a true and actual copy of the original 02 64656 After recording return to: THE CITY 0P ASHLAND, A MUNICIPAL qFTER RECORTII#P I:IETIJI II 'I., THIS SPACE RESERVED FOR RECORDER'S USE Until a change is requested all tax statements shall be sent to the following address: THE CITY OF ASHLAND, A MUNICIPAL Escrow No. AS0753179 Title No. WARRANTY DEED FLORENCE E. KEENER, CO-TRUSTEE OF THE HAROLD KEENER AND FLORENCE E. KEENER JOINT REVOCABLE LIVING TRUST, DATED: AUGUST 10, 1995, Grantor(s) hereby grant, bargain, sell, warrant and convey to: THE CITY OF ASHLAND, A MUNICIPAL CORPORATION Grantee(s) and grantee's heirs, successors and assigns the following described real property, free of encumbrances except as specifically set forth herein in the County of JACKSON and State of Oregon, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF SUBJECT TO: all those items of record and those apparent upon the land, if any, as of the date of this deed and those shown below, if any: and the grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances. The true and actual consideration for this conveyance is $ 162,500.00. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS A!WD REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this ?~'~-- day of ~~ ,~ ff~Z HAROLD KEENER & FLORENCE KEENER JOINT REVOCA~BLE LIVING TRUST,DDTD: 8-10-95 F]JORENCE'E. KEENER, CO'TRUSTEE' State of Oregon County of JACKSON [~ ~.. ,~[~.,'~ EVA VINEYARD ~[:..[~j~J NOTARY PUBLIC - OREGON ~:~.Y./ COMMISSION NO. 334151 ~ ~__M.Y COMMISSION EXPIRES APRJL~3_O, 2004 This instrument was acknowledged before me on November D~, 2002 by FLORENCE E. KEENER CO-TRUSTEE OF THE~j/A~OLD KEENER AND FLORENCE ~7-~EENER JOINT REVOCABLE LIVING TRUST, p~TED:-~UG~ST 10, 1995. /~ ), ~ (N0~ar~or~/~n~ y My commission expires 02 64656 Order No. 753179-EV Exhibit 'A' Parcel No. 2 and Parcel No. 3 of of Partition Plat No. P-70-2002 of the Records of Jackson County, Oregon; filed December 5, 2002, Index Volume 13, Page 70, County Survey No. 17573. Jackson County, Oregon Recorded OFFICIAL RECORDS DEC 0 5 2002 6UN;Y~CLERK TRUST DEED OR iao] , t ss I certify that the withi~strument was _City_ of _A_s_M_a_n_cl_; ._a___~_u_n_ i c_]p_a_l____Cg_~r~o_F_a_t 20 East Main Street h _ _0_ r_e_ 9q p___9__7 _5_2_ _0_ Grantor'a Name and Address ~F!orence 6, _K_e__e_n__e_~_,_Tr_u__s_Le¢ _A _h]0n_d, 9_ r __9__7_52 Q Beneflclary's Name and Address Attar recording, return to (Name, Addrese, Zip): Garrison F. Turner As_ h 1 d,. 99p__ _9_ L52 _o_ on SPACE RESERVED FOR RECORDER'S USE STATE OF OREGON, County of ...................... received for rekcording on ___=: ~' .............. , at .......... __~o'clock __/-_.M., and recorded in book/reel/volufl~ No. _/_'_ ...... on page and/or as fee/fil~(ins/14'ument/mierofilm/reception No ............ . Re,Ii, ds of this County. Witness mfi/~and~ seal of County affixed. NAME TITLE By ................................ . Deputy. TitlS TRUST DEED, made on __N_o__v_e__m_b__e_r____~_~__2__0_0__2_ ......................................................... between Cj_tz__qf.._A_s_b}_a_qd~ a Municipal Corporation ....... .- ................................. ; ...................................................................... , as Grantor, Law2ter$ Tj__t_!_e___I_n__s_u_r_a__n_c__e___C_o__rp_o_r_a_t_Lo__n_ ................................................................ as Trustee, and Florence E. Keener and Gary L. Keener, Co-'l-rustees of the* . as Beneficiary, WITNESSETH: Grantor irrevocably grants, bargains, sells and conveys to trustee, in trust, with power of sale, the property in d~tCJ~$Q[l ................... County, Oregon, described as: See attached Exhibit A. * Harold Keener and Florence E. Keener Joint Revocable Living Trust dated August 10, 1995 together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in any way uow or hereafter appertaining, and the rents, issues and profits thereof, and all fixtures now or hereafter attached to or used in con- nection witlt the property, one hundred FOR 'DIE PURPOSE OF' SECURING PERFORMANCE of each a~reement of granto_r herein cor0aj~!e_d andp~v_merg _of, the sum of ..................... _t_w__e_n__t_v_-_o__n_e__ _t_ h_o__u_s__a__n_d___e_! a b_t_._ h_u_n__dr _eg___s__e_v__e_n__eZ :_f_] Z9__ 2 ] 2 9: §Z2:9 ) ............................... Dollars, with interest thereon according to the terms of a promissory note of even date herewith,~ayable to beneficiary or order and made by grantor, the final pay l cai of pmic pa a ~d interest, if not sooner paid, to be due and payable on ___D.~_,.c.ed[Ib_ep_.~_.,__~_0J._0 ..................... 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. To protect the security of this trust deed, grantor agrees: 1. 3b protect, 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 improvement which may be constructed, damaged or destroyed there- on. and pa}' ,ahen due all costs incurred therefor. 3. 'lb comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; if the beneficiary so requests, to join in exe- cuting such fiuancing statements pursuant to the Uniform Commercial Code as the beneficiary may require, and to pay for filing the same in the proper pubhc office or offices, as well as the cost of all lien searches ~nade 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 thc beneficiary may from time to time require, in an an;ount not less thanL_tDzurahl_e__~o_l_u_e_..................... written by one or more companies acceptable to the bemeficiary, with loss payable 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 procure any such insurance and to deliver Ihe policies to the beneficiary at least fifteen days prior to the expiration of any policy of insur- ance now or hereafter placed on the buildings, the beneficiary may procure the same at grantee's expense. The amount collected under any fire or olher insurance pol- icy may be applied by beneficiary upon an}, indebtedness secured hereby and in such order as beneficiary may determine, or at option of beneficiary the entire amount so c, dlecled. ~:r any part thereof, may be released to grantor. Such application or release shall riel cure or waive any default or notice of default hereunder or invali- date any ecl d,me pursuant to such notice. 5. lb keep thc property free from construction liens and to pay all taxes, assessments and other charges lhal may be levied or assessed upon or ag~dnst the property bclom any part of such taxes, assessments and other charges becomes pasl due or delinquent and promptly deliver receipts therefor to beneficiary. Should the grantor fail [o make payment of any taxes, assessments, insurance premiums, liens or other charges payable by grantor, either by direct payment or by providing beneficiary ,~.ith fimds with which to make such payment, beneficiary may, at its option, make payment thereof, and the amount so paid, with interest at Ihe rate set forth iii thc 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 seemed b) lin;, Irust deed, wilhout waiver of any rights arising from breach of any of the covenants hereof'. For such payments, with interest as aforesaid, the proper- ty ht rcinbehm, described, as well as thc grantor, shall be bound lo the same extent that they are bound for the payment of the obligation herein described. All such payments .',hall be immediately due and payable without notice, and the nonpayment thereof shBJl, ,at Jlpe.optio,~ of the beneficiary, render all sums secured by this trusl dccd immcdialely due and payable and shall constitute a breach of this trust deed. $ee Ex n'l D l E 15 6. To pay all costs, fees and expenses of Ihis trust, including the cost of title search, as well as the other costs and expenses of the trustee incurred in con- neclmn with or in enforcing this 6blig~it{on, and trustee and attorney fees actually incurred. , . " 7. ~lb appear in and defend any action or proceeding purporting to affect the security rights or powers of beneficiary, or trustee; and in any suit, action or pro- cccding ill v. hich thc beneficiary or trustee rnay appear, including any' suit for lhe 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 lille and the beneficiary's or trustee's attorney fees. The amount of amm~ey fccs mentioned in this paragraph in all cases shall be fixed by the trial court, and itt the event of an appeal from any judgment or decree of the tritJ court, granlor furthc~ agrees ltl pay such sum as the appellate court shall adjudge reasonable as the beneficiary's or trustee's attorney fees on such appeal. 11 is muhially agreed that: 8. tn Iht event that any portion or all of the property shall be taken under thc right of eminent domain or condemnation, beneficiary shall have the right, if it st) ckcts, to require Ihat 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, cxpcn:,c~ 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 Cosls 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 thc indebledness secured hereby. Grantor agrees, at its own expense, to take such actions and execute such instruments as shall be necessary in obtaining such compcnsalion pmmplly upon bcneficiary's requesl. 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 or savings and loan afflass°ciati°nates, agentsaUth°rlZedor branchest° do ,businesSthe Unitedunder Statestheor taWSan Y of a 9 OregOnenc y thereof or the, or Unitedan escrowStateSa'gae nttitlellcensedlnSuranCeunder companYoRs 696.505auth°rlzedto 696.585.t° insure titte to real prooe, rty of tills state, Its subsidiaries, 02 6 4~ 57 EXHIBIT B This E:~hibit B is to be attached to that certain trust deed dated November 2002, executed by City of Ashland, a Municipal Corporation, as grantor, in which l~awyers Title Insurance Corporation is the trustee, and Florence E. Keener and Gary L. Keener, Co-Trustees of the Harold Keener and Florence E. Keener Joint Revocable Living Trust dated August 10, 1995, are the beneficiaries. Notwithstanding any provision in the trust deed to the contrary, the Trustees hereby agree to give a partial release of the trust deed lien against that portion of the real property described in Exhibit A, if and when the City of Ashland sells that portion of the Exhibit A real property which is denominated as a separate building lot contiguous (westerly) to the parcel of real property retained and owned by the Trustees at 128 E. Nevada Street. Upon the closing of any such sale transaction of the building lot by the City of Ashland to a third party, the Trustees shall deliver to the closing escrow agent a document releasing the trust deed lien on the property being sold, it being understood that (1) the sales proceeds realized by the City of Ashland shall not be paid to the Trustees in reduction of the principal balance owing on the Note secured by the trust deed, and (2) the trust deed will remain as a lien against the remaining portion of the Exhibit A real property. It is further understood that, should the City of Ashland default in its obligations under the note, the Trustees shall have the option to either foreclose the trust deed, or xvaive the security of the trust deed and commence an action against the City of Ashland on the Note. DATED this __ day of November, DATED this ~"4- day of November, 2002. 2002. Harold Keener and Florence E. Keener Joint Revocable Living Trust dated August 10, 1995 By: Florence E. Keener, a Trustee City of Ashland, a Municipal Corporation Its authorized represented 02 646/$7 EXHIBITB This E~xhibit B is to be attached to that certain trust deed dated November 2002, execute~i by City o£Ashland, a Municipal Cml)oration, as grantor, in which~' Lawyers Title Insurance Corporation is the trustee, and Florence E. Keener and Gary L. Keener, Co-Trustees o£the ttarold Keener and Florence E. Keener Joint Revocable Living Trust dated August 10, 1995, are the beneficiaries. Notwithstanding any provision in the trust deed to the contrary, the Trustees hereby agree to give a partial release of'the trust deed lieu a~ainst that portion o£the real property described in E×hibit A, if and wbcn fl~e City o£Ashland sells that portion o£the Exhibit A real property which is denominated as a separate buildin~ lot contiguous (westerly) to the parcel o£real property retained and owned by the Trustees at 1:28 E. Nevada Street. Upon thc closing o£any such sale transaction of the building lot by the City of Ashland to a third party, the 1Trustees shall deliver to the closing escrow agent a docmnent releasing tile trust deed lien on tile property being sold, it being understood that (1) the sales proceeds realized by the City of Ashland shall not be paid to the Trustees in reduction of the principal balance owing on the Note secured by the trust deed, and (2) the trust deed will remain as a lien against tile remaining portion of the Exhibit A real prope~y. It is further understood that, should the City of Ashland default in its obligations trader the note, the Trustees shall have the option to either foreclose the trust deed, or waive the security of the trust deed and commence an action against the City of Ashland ~m the Note. I)ATED this ~"~ day of November, 20O2. DATED this 2002. __ day of Nove~nber, I larold Keener and Florence E. Keener Joint Revocable Living Trust dated Augttst 10, 1995 City of Ashland, a Municipal Corporation By: Florence E. Keener, a Trustee Its authorized represented 02 64C$7 O~d~r No. 753179-EV Exhibit 'A' Parcel No. 2 and Parcel No. 3 of of Partition Plat No. P-70-2002 of the Records of Jackson County, Oregon; filed December 5, 2002, Index Volume 13, Page 70, County Survey No. 17573. Jackson County, Oregon Recorded OFFICIAL RECORDS DEC o 5 2002 Payments processed at: Salem Office, 320 Church Street, Salem, OR 97301 Medford Office, 1501 McAndrews Road, Medford, OR 97504 Klamath Falls Office, P. O. Box 5017, Klamath Falls, OR 97601 Collection No.: Escrow No.: AS0753179 ACCOUNT SERVICING COLLECTION ESCROW INSTRUCTIONS SELLERS/PAYEES: HAROLD KEENER 8,: FLORENCE E. KEENER JOINT REVOCABLE LIVING TRUST Address: 128 E. NEVADA STREET, ASHLAND, OR 97520 BUYERS/PAYORS: THE CITY OF ASHLAND, A MUNICIPAL CORPORATION Address: , ( ( ( ( Other: q'he undmsigued hereby deliver to you the papers, money or property hereinafter described to be held and disposed of by vmt io accordance with the following instructions and upon the terms and conditions hereinafter set forth, to which the undersigi~e'd hereby jointly and severally agree: 2~ Trust Deed ( ) Satisfaction of Mortgage (X) W-9's ~ t'romissory Note ( ) Memorandum of Contract ( ) Tax Addback 3 Request for Full Reconveyance ( ) Real Estate Contract ( ) Late Charge ) Mortgage ( ) Warranty D~d ~ ,-- ( ) Prepayment Penalty REQUEST FOR A PARTIAL RECONVEYANCE / .~kO, f~j q.'~x~[~ ( )Tax reserve .... ( ) Insurance Reserve YOUR COLLECTION ESCROW SET UP FEE OF $ 150.00 IS DEPOSITED HEREWITH. You are mutually instructed and directed to hold the above described document(s) as an escrow and to deliver the same to the payor(s). or any of them, upon payment to you of the following: Present principal balance unpaid 121,875.00 , to be paid in instalhnents of 1,557.48 or nmre, including interest at 5.2500 % per a~mum on unpaid balances. Interest begins December 5, 2002 with first instalhnent due on 01/05/03 and subsequent installments due on or before 5tl'xlay of each ~nonth , thereafter until principal balance and interest are paid in full. All due and payable on or before 12/05 ', 2010,._ THE SERVICE FEE FOR RECEIVING AND DISBURSING THIS ACCOUNT IS $ 5.00 PER CHECK. which is subject to change and paid by __ Seller Buyer X Split equally between parties. Yml are to distribute the proceeds as follows: THERE SHALL BE A PREPAYMENT PENALTY DUE EQUAL TO THE AMOUNT OF INTEREST THAT WOULD BE DUE IF TIlE LOAN WAS FULLY AMORITIZED 'FO THE CALL DATE, REGARDLESS OF THE DATE THE LOAN IS PAID IN FULL. ALSO, THE PREPAYMENT PENALTY WOULD INCLUDE THE AMOUNT EQUAL TO ANY TAX CONSEQUENCE SUFFERED BY TllE PAYEE. IT SIIALL BE TIlE RESPONSIBILITY OF THE PAYEE TO NOTIFY THE COLLECTION ESCROW AGENT IN WRITING THE TOTAL PREPAYMENT PENALTY AMOUNT DUE IN THE EVENT OF EARLY PAYOFF. TtlERE SItALL BE A LATE FEE DUE IN THE AMOUNT EQUAL TO 5% OF ANY PAYMENT MAI)F. 10 OR IvIORE DAYS LATE. TiIE PARTIES WILL NEED TO REQUEST A RELEASE FOR PARTIAL RECONVEYANCE FROM THE COLLECTION ESCROW AGENT AT SAID IN WRITING WHEN A PARTIAL RELEASE IS DESIRED. THERE SHAL BE NO MONEY PAID TO THE BENEFICIARY IN EXCttANGE FOR THIS RELEASE OF PARTIAL RECONVEYANCE. HOWEVER, HOWEVER, THE PARTIES WILL NEED TO PROVIDE THE LEGAL DESCRIPTION OF THE PROPERTY TO BE RELEASED WHEN SAID REQUEST IS MADE. RELEASE ONCE REQUESTED. ALL PAYIMENTS RECEIVED SHALL BE APPLIED IN THIS ORDER: FEES, RESERVES, IF ANY; LATE CHARGES, IF ANY: INTEREST BASED ON A 365/366 DAY YEAR, WITH THE REMAINING BALANCE TO PRINCIPAL. Any payment received after 3:00 PM will be posted the next business day. Post Dated Checks are not accepted and will be returned to Buyer/Payor via regular mail. You are instructed to disburse funds as received in your office and in the event any checks received by you be uncollectable, the undersigned both jointly and severally, upon demand, agree to immediately reimburse you for funds advanced. Until repaid, the escrow ageut nmy retain all future payments and apply them first toward the payment of the returned check or checks. YOU S}tAkL HAVE THE RIGHT TO DEMAND PAYMENT BY CASH OR CERTIFIED FUNDS AT ANY TIME. At your option you may defer disbmsement of funds received until you have collected funds. ESCROW AGENT MAY CHARGE A FEE TO PA'r OR I~OR ANY UNCOLLECTED CHECKS SENT BACK TO AGENT'S OFFICE. All Autonhatic Debits (ACH) will be stopped upon receipt of non sufficient funds. (1) You are authorized to accept any payment tendered to you to apply upon the above provided instalhnents whether snch paymeut constitutes all or only part of any irkstallment and whether or not it or any installment is then in default. When account is 30 days delinquent and upon receipt of written demand from the Payees specifying rite account is in de;ault. without any uotice to Payors, you are authorized to deliver all documents in your possession to file Payees or their designee and ternfinate this escrow. (2) You are authorized to accept the whole or any part of the unpaid balance on the above described obligation at any time. (3) When you have received for the Payees payment in full and the required reconveyance, satisfaction and/or closing fees as above provided you will surrender all documents to the Payors or to the company providing payment in full on behalf of pa,,or. Except as herein provided, none of the above described documents shall be released by you to any persou except upon the Cm~curring written instruction of all the parties hereto or their successors in interest. All pa3'offs must be tendered in the foru~ of COLLECTED FUNDS. If collected funds are not received by AmeriTitle, additional interest will be charged to allow clearance of checks tendered. (4) You are authorized to retain all funds paid into this escrow after you have received notice of the death of due of the Payees until you have received from the surviving Payee attd the personal representative of the deceased Payee joint written instructions for the disposition of such funds, or until you shall have been otherwise satisfied of the identity of the person or persons entitled to receive such funds; the provisions of this paragraph shall be applicable whether or not the Payees are husband and wife and whether or not the documents deposited herewith shall create or purport to create a right of survivorslfip, as between the Payees. (5) Notwithstauding anything to the contrary therein appearing, you have no duty to know or deternfine the perforula,ce (~' nonperformance of any term or condition of any contract or agreement between the parties hereto, and your duties and responsibilities are limited to those specifically stated herein. You have no responsibility for the authenticity, validity or sufficieucy of any document deposited or for fl~e accuracy of any description of any document deposited, the description having been supplied by the parties. Your sole duty with respect to such documents is to hold and dispose of the same as herein provided, lu the event of conflict or omission between the agreement between the parties and these escrow instructions the escrow instructions shall coutrol as to the escrow agent. (6) In the event the interest of either the Payee or Payor shall pass to any other party or parties, you are not required to take notice of same unless and until such documents in evidence thereof as may be satisfactory to you and required by you, have been deposited with you together with any assignment fee required. (7) If a coutroversy shall arise between the parties thereto and with any third person, you may await the outcome of such controversy by final legal proceedings, or otherwise, as you may dee~n appropriate, or you may institute such interpleader or other proceedings as you may deem proper, and in such events you shall not be liable for interest or dmnages. In the event of any controversy whether or not resulting in litigation, or in the event of any action to recover your expeuses of charge from either or boot of the parties hereto, you shall be entitled in reasonable attorney's fees and reimbursement for your expenses. (8) If any fire insurance or other insurance policies are deposited in this escrow, you shall have no responsibility fi~r the sufficiency thereof, and you shall have no duty to pay or see to the payment of any premiums thereon or to renew or to see to the reuewal thereof or to notify any person of the expiration thereof. Your responsibility with respect to any such policy shall be the safekeeping thereof. (9) If taxes, insurance pretniums, collection costs, late charges, or advances to service underlying debt owed by Payor, are paid by Payee and Payee requests in writing that these amounts be added to the unpaid balance of the account, escrow company does not have a duty to determine the validity of these sums, but shall add said sums to the ulnpaid balance when notified in writing by Payee together with evidence of such payment. Interest shall accrue on such sums from the date notice is received by escrow agent. (10) In addition to the escrow set-up fee, the parties jointly and severally agree to pay reasonable compensation fi)r anv services dot described in these instructions and you are given a lien upon all funds, documents and other property held b~ you to secure fl~e payment of all fees and expenses or to reimburse you in the event any checks delivered to you for this account shall be returned unpaid for any reason. The parties agree to pay your collection fees, close out fees, and release fees, which are subject to adjust~nents according to your published rates in effect at the time payment is due. (11) At any time after rite expiration of one year from rite time when this escrow shall by its terms be concluded or when iuactivc fin 1 year, you nmy, without notice to the parties, close your records, deliver the documents in your possession, by certified mail, to the Payee(s), thereby ternfinafing your responsibilities with respect to this escrow. (12) This agreement is binding upon the heirs, executors, administrators, successors, and assigns of all parties hereto. (13) In the event any provision in the escrow itzstructions or contract herein shall refer to a mortgage or contract balance which is beiug computed other than in your escrow, escrow shall not be bound to keep a record of the said balance. It shall be the duty of the parties hereto to keep the escrow company advised of said balance. No liability shall attach to any action or hihn-e to act by AMERITITLE, in the event infomhation has not been delivered to it prior to a time arty such infi>rmation shall be material to fl~e performance of the escrow instructions or contracts. (14) Escrow Company is under uo obligation to give notice as to changes of interest or ownerships, lapses of insurance, the state of paymeut of taxes or assessments, or other encumbrances, condemnations, fires, or the condition of any property mentioned in the documents handed to it, or cause notice of delinquency, or dishonor or protest to be given; and any giving or' such notice or notices by Escrow Company shall not be deemed to be an assumption by it of any obligation as to the giving of any subseqnent notice or notices. (15) A NSF charge shall be i~nposed by Escrow Agent for any payment dishonored for any reason as well as any other fees or c(~sts due Escrow Agent. Payees agree to refund to Escrow Agent upon request any remittances made by Escrow Ageut that were subsequently dishouored. The NSF charge shall accompany the next payment made by Payor or Escrow Age,t will deduct the tee front the next payment received. In the event of aa NSF check Escrow Agent may thereafter require all payments to be nmde in cash, money order or cashier's check. (16) You are authorized to release any information regarding this escrow to a party identifying themselves as representimz the uudersigned or any of them. ~ (17) You may resign from and cancel this escrow agreement of your option upon ninety days written notice of your inteution to dr) so nmiled by ordinary mail to the parties hereto at their respective addresses last known to you. At the expiratio. of said period you may return the papers herein by ordinary mail, to the Payee, or any of them, and your liability hereu.de~- shall thereupon cease and terminate. (18) This escrow may be transfered to any other licensed escrow agent in the State without further consent of the undersigned. (19) Iu construing these instructions and where the context so requires, the singular includes the plural and all grammati.:al changes shall be implied to nmke the provisions therof to apply to corporation and to individuals. (20)lu the event your check is lost or nfisplaced, you may upon receipt of signed request and Indenmity Affidavit fi)r Missiug Check, order a stop payment from your bank. A reissue fee will be charged if request is placed prior to the expiration of seven (7) business days from the date of issue of the original check. A reissue fee will be charged upon written instructions requesting a change in the payee of the original check. (21) In the event the documents deposited herein, or by subsequent amendments or changes, have been executed by Power o! Attorney, you shall not be responsible for deternfining the status or validity of said Power of Attorney. You may rely on any such Power of Attorney until you receive actual notic of revocation. Interest received/paid on this account will be reported to the IRS under the following social security numbers and perceutages: SELLER NAME Percentaee BUYER NAME Percentage SS # SS # SS # SS # SS # SS # The undersigned specifically attest that they have paid and/or received their proportional interest as stated above and hold AMERITITLE barnfless from any fines or investigations that might arise as a result of reporting as directed and incorrectly paid by customer. In the event AMERITITLE would be fined by the lntenml Revenue Service, the uudersigned agree to reimburse AMERITITLE for said fine within 30 days notice of such fine. In response to the Gramm-Leach-Bliley Act, the appropriate parties have been provided with a copy of AmeriTitle's Privacy Policy. IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE ESCROW INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WtIICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTES TIlE WIIOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO TIlE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL TIlE TERMS OF TIlE AGREEMENT, WlllCll IS TIlE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN TllEM UNLESS TtlEY ARE ACCEPTABLE TO YOU. Payee requests a monthly state~neut for a fee of $1.00 Payor requests a monthly statement for a fee of $1.00 Dated 11/25/2002 SELLER/PAYEE: BUYER/PAYOR: FLORENCE E. KEENER/CO-TRUSTEE PHONE NUMBER emai! address The above Escrow AME~iTITLE Instructions THE CITY OF CORPORATION BY: ASHLAND, A MUNICIPAL , ITS AUTHORIZED REPRESENTATIVE PHONE NUMBER email address received and accepted this day of Payments processed at: Salem Office, 320 Church Street, Salem, OR 97301 Medford Office, 1501 McAndrews Road, Medford, OR 97504 Klamath Falls Office, P. O. Box 5017, Klamath Falls, OR 97601 Collection No.: Escrow No.: AS0753179 ACCOUNT SERVICING COLLECTION ESCROW INSTRUCTIONS SELLERS/PAYEES: HAROLD KEENER & FLORENCE E. KEENER JOINT REVOCABLE LIVING TRUST Address: 128 E. NEVADA STREET, ASHLAND, OR 97520 BUYERS/PAYORS: THE CITY OF ASHLAND, A MUNICIPAL CORPORATION Add ress: The undersigned hereby deliver to you the papers, money or property hereinafter described to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth, to which the undersigned hereby jointly and severally agree: ( ~ Trust Deed ( ) Satisfaction of Mortgage (X) W-9's ( 1~ Promissory Note ( ) Memorandum of Contract ( ) Tax Addback ( 1~ Request for Full Reconveyance ( ) Real Estate Contract ( ) Late Charge ( ) Mortgage ( ) Warranty Deed ( ) Prepayment Penalty Other: REQUEST FOR A PARTIAL RECONVEYANCE ( ) Tax reserve ( ) Insurance Reserve YOUR COLLECTION ESCROW SET UP FEE OF $ 150.00 IS DEPOSITED HEREWITH. You are mutually instructed and directed to hold the above described document(is) as an escrow and to deliver the same to the payor(s), or any of them, upon payment to you of the following: Present principal balance unpaid 121,875.00 , to be paid in installments of 1,557.48 or more, including interest at 5.2500 % per annum on unpaid balances. Interest begins November ,2002 with first installment due on 12/ /2002 and subsequent installments due on or before day of each month , thereafter until principal balance and interest are paid in full. All due and payable on or before November, 2010. THE SERVICE FEE FOR RECEIVING AND DISBURSING THIS ACCOUNT IS $ 5.00 PER CHECK. which is subject to change and paid by Seller __Buyer X Split equally between parties. You are to distribute the proceeds as follows: THERE SHALL BE A PREPAYMENT PENALTY DUE EQUAL TO THE AMOUNT OF INTEREST THAT WOULD BE DUE IF THE LOAN WAS FULLY AMORITIZED TO THE CALL DATE, REGARDLESS OF THE DATE THE LOAN IS PAID IN FULL. ALSO, THE PREPAYMENT PENALTY WOULD INCLUDE THE AMOUNT EQUAL TO ANY TAX CONSEQUENCE SUFFERED BY THE PAYEE. IT SItALL BE THE RESPONSIBILITY OF THE PAYEE TO NOTIFY THE COLLECTION ESCROW AGENT IN WRITING THE TOTAL PREPAYMENT PENALTY AMOUNT DUE IN THE EVENT OF EARLY PAYOFF. THERE SHALL BE A LATE FEE DUE IN THE AMOUNT EQUAL TO 5 % OF ANY PAYMENT MADE I0 OR MORE DAYS LATE. THE PARTIES WILL NEED TO REQUEST A RELEASE FOR PARTIAL RECONVEYANCE FROM THE COLLECTION ESCROW AGENT AT SAID IN WRITING WHEN A PARTIAL RELEASE IS DESIRED. THERE SHAL BE NO MONEY PAID TO THE BENEFICIARY IN EXCHANGE FOR THIS RELEASE OF PARTIAL RECONVEYANCE. HOWEVER, HOWEVER, THE PARTIES WILL NEED TO PROVIDE THE LEGAL DESCRIPTION OF THE PROPERTY TO BE RELEASED WHEN SAID REQUEST IS MADE. RELEASE ONCE REQUESTED. ALL PAYMENTS RECEIVED SHALL BE APPLIED IN THIS ORDER: FEES, RESERVES, IF ANY; LATE CHARGES, IF ANY; INTEREST BASED ON A 365/366 DAY YEAR, WITH THE REMAINING BALANCE TO PRINCIPAL. Any payment received after 3:00 PM will be posted the next business day. Post Dated Checks are not accepted and will be returned to Buyer/Payor via regular mail. You are instructed to disburse funds as received in your office and in the event any checks received by you be uncollectable, the undersigned both jointly and severally, upon demand, agree to immediately reimburse you for funds advanced. Until repaid, the escrow agent may retain all future payments and apply them first toward the payment of the returned check or checks. YOU SHALL HAVE THE RIGHT TO DEMAND PAYMENT BY CASH OR CERTIFIED FUNDS AT ANY TIME. At your option you may deter disbursement of funds received until you have collected funds. ESCROW AGENT MAY CHARGE A FEE TO PAYOR FOR ANY UNCOLLECTED CHECKS SENT BACK TO AGENT'S OFFICE. All Automatic Debits (ACH) will be stopped upon receipt of non sufficient funds. (1) You are authorized to accept any payment tendered to you to apply upon the above provided installments whether such payment constitutes all or only part of any installment and whether or not it or any installment is then in default. When account is 30 days delinquent and upon receipt of written demand from the Payees specifying the account is in default, without any notice to Payors, you are authorized to deliver all documents in your possession to the Payees or their designee and terminate this escrow. (2) You are authorized to accept the whole or any part of the unpaid balance on the above described obligation at any time. (3) When you have received for the Payees payment in full and the required reconveyance, satisfaction and/or closing fees as above provided you will surrender all documents to the Payors or to the company providing payment in full on behalf of payor. Except as herein provided, none of the above described documents shall be released by you to any person except upon the concurring written instruction of all the parties hereto or their successors in interest. All payoffs must be tendered in the form of COLLECTED FUNDS. If collected funds are not received by AmeriTitle, additional interest will be charged to allow clearance of checks tendered. (4) You are authorized to retain all funds paid into this escrow after you have received notice of the death of one of the Payees until you have received from the surviving Payee and the personal representative of the deceased Payee joint written instructions for the disposition of such funds, or until you shall have been otherwise satisfied of the identity of the person or persons entitled to receive such funds; the provisions of this paragraph shall be applicable whether or not the Payees are husband and wife and whether or not the documents deposited herewith shall create or purport to create a right of survivorslfip, as between the Payees. (5) Notwithstanding anything to the contrary therein appearing, you have no duty to know or determine the perforn'tance of nonperformance of any term or condition of any contract or agreement between the parties hereto, and your duties and responsibilities are li~nited to those specifically stated herein. You have no responsibility for the authenticity, validity or sufficiency of any docmnent deposited or for the accuracy of any description of any document deposited, the description having been supplied by the parties. Your sole duty with respect to such documents is to hold and dispose of the same as herein provided. In the event of conflict or omission between the agreement between the parties and these escrow instructions the escrow instructions shall control as to the escrow agent. (6) In the event the interest of either the Payee or Payor shall pass to any other party or parties, you are not required to take notice of same unless and until such documents in evidence thereof as may be satisfactory to you and required by you, have been deposited with you together with any assignment fee required. (7) If a controversy shall arise between the parties thereto and with any third person, you may await the outcome of sucl~ controversy by final legal proceedings, or otherwise, as you may deem appropriate, or you may institute such interpleader or other proceedings as you may deem proper, and in such events you shall not be liable for interest or damages. In the event of any controversy whether or not resulting in litigation, or in the event of any action to recover your expenses of charge froln either or both of the parties hereto, you shall be entitled in reasonable attorney's fees and reimbursement for your expenses. (8) If auy fire insurance or other insurance policies are deposited in this escrow, you shall have no responsibility for the sufficiency thereof, and you shall have no duty to pay or see to the payment of any premiums thereon or to renew or to see to the renewal thereof or to notify any person of the expiration thereof. Your responsibility with respect to any such policy shall be the safekeeping thereof. (9) If taxes, insurance premiums, collection costs, late charges, or advances to service underlying debt owed by Payor, are paid by Payee a~d Payee requests in writing that these amounts be added to the unpaid balance o[ the account, escrow company does not have a duty to deter~nine the validity of these sums, but shall add said sums to the unpaid balance when notified in writing by Payee together with evidence of such payment. Interest shall accrue on such sums from the date notice is received by escrow agent. (10) In addition to the escrow set-up fee, the parties jointly and severally agree to pay reasonable compensation for any services not described in these instructions and you are given a lien upon all funds, documents and other property held by you to secure the payment of all fees and expenses or to reimburse you in the event any checks delivered to you for this account shall be returned unpaid for any reason. The parties agree to pay your collection fees, close out fees, and release fees, which are subject to adjustments according to your published rates in effect at the time payment is due. (11) At any time after the expiration of one year from the time when this escrow shall by its terms be concluded or when i~mctive for 1 year, you tnay, without notice to the parties, close your records, deliver the documents in your possession, by certified mail, to the Payee(s), thereby terminating your responsibilities with respect to this escrow. (12) This agreement is binding upon the heirs, executors, administrators, successors, and assigns of all parties hereto. (13) In the event any provision in the escrow instructions or contract herein shall refer to a mortgage or contract balance which is being computed other than in your escrow, escrow shall not be bound to keep a record of the said balance. It shall be the duty of the parties hereto to keep the escrow company advised of said balance. No liability shall attach to any action or failure to act by AMERITITLE, in the event information has not been delivered to it prior to a time any such inlbrmation shall be material to the performance of the escrow instructions or contracts. (14) Escrow Company is under no obligation to give notice as to changes of interest or ownerships, lapses of insurance, the state of payment of taxes or assessments, or other encumbrances, condemnations, fires, or the condition of any property mentioned in the documents handed to it, or cause notice of delinquency, or dishonor or protest to be given; and any giving of such notice or notices by Escrow Company shall not be deemed to be an assumption by it of any obligation as to the giving of any subsequent notice or notices. (15) A NSF charge shall be imposed by Escrow Agent for any payment dishonored for any reason as well as any other fees or costs due Escrow Agent. Payees agree to refund to Escrow Agent upon request any remittances made by Escrow Agent that were subsequently dishonored. The NSF charge shall accompany the next payment made by Payor or Escrow Agent will deduct the fee from the next payment received. In the event of an NSF check Escrow Agent may thereafter require all payments to be made in cash, money order or cashier's check. (16) You are authorized to release any information regarding this escrow to a party identifying themselves as representing the undersigned or any of them. (17) You may resign from and cancel this escrow agreement of your option upon ninety days written notice of your intention to do so mailed by ordinary mail to the parties hereto at their respective addresses last known to you. At the expiration of said period you may return the papers herein by ordinary mail, to the Payee, or any of them, and your liability hereunder shall thereupon cease and terminate. (18) This escrow may be transfered to any other licensed escrow agent in the State without further consent of the undersigned. (19) In construing these instructions and where the context so requires, the singular includes the plural and all grannnat~cal changes shall be implied to make the provisions therof to apply to corporation and to individuals. (20)In the event your check is lost or misplaced, you may upon receipt of signed request and Indemnity Affidavit fbr Missing Check, order a stop payment from your bank. A reissue fee will be charged if request is placed prior to the expiration of seven (7) business days from the date of issue of the original check. A reissue fee will be charged upon written instructions requesting a change in the payee of the original check. (21) In the event the documents deposited herein, or by subsequent amendments or changes, have been executed by Power of Attorney, you shall not be responsible for determining the status or validity of said Power of Attorney. You may rely on any such Power of Attorney until you receive actual notic of revocation. Iuterest received/paid on this account will be reported to the IRS under the following social security numbers and percentages: SELLER NAME Percentage BUYER NAME Percentage SS # SS # SS # SS # SS # SS # SS # SS # The undersigned specifically attest that they have paid and/or received their proportional interest as stated above and hold AMERITITLE harmless from any fines or investigations that might arise as a result of reporting as directed and incorrectly paid by custo~ner. In the event AMERITITLE would be fined by the Internal Revenue Service, the undersigned agree to reimburse AMERITITLE for said fine within 30 days notice of such fine. In response to the Gramm-Leach-Bliley Act, the appropriate parties have been provided with a copy of AmeriTitle's Privacy Policy. IT IS UNDERSTOOD BY THE PARTIES SIGNING THESE ESCROW INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTES TIlE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF THE AGREEMENT, WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. __ Payee requests a monthly __ Payor requests a monthly statement for a fee of $1.00 statement for a fee of $1.00 Dated 11/25/2002 SELLER/PAYEE: BUYER/PAYOR: FLORENCE E. KEENER/CO-TRUSTEE PHONE NUMBER email address The above Escrow AMERITITLE Instructions received and THE CITY OF ASHLAND, A MUNICIPAL CORPORATI ON ~ -. ~ J~'~/ , ITS AUTHORIZED REPRESENTATIVE PHONE NUMBER email address accepted this day of By Ashland, Oregon November ~, 2002 PROMISSORY NOTE The City of Ashland, a Municipal Corporation ("Maker"), hereby promises to pay to Florence E. Keener and Gary L. Keener, Co-Trustees of the Harold Keener and Florence E. Keener Joint Revocable Living Trust dated August 10, 1995 ("Holder"), or order, in lawful money of the United States of America, the principal amount of one hundred twenty-one thousand eight hundred seventy-five dollars ($121,875.00), together with interest thereon at the rate of 5.25% per annum on the unpaid principal balance from the date set forth above, until paid in full. Maker will make payment on this Note over a period of ninety six (96) months, at the rate of one thousand five hundred fifty-seven dollars and forty-eight cents ($1,557.48) per month, with the first payment due ,7anuar2/ 5 , 2002, and on the same day each month thereafter until the Note is paid in full, by sending payments to, and payable to, "Florence E. Keene~:, Trustee", unless instructed in writing by the acting Trustee or Co-Trustees of the Harold Keener and Florence E. Keener Joint Revocable Living Trust dated August 10, 1995, as the case may be, to make payment to a different payee. Said payments include principal and interest, and the interest is non-taxable. Payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection cost and late charges. The Maker's obligation may not be assigned without the express written consent of the Holder, which consent may be denied for any reason. Maker may not pre-pay this Note without the written consent of Holder, which consent may be withheld for any reason. If pre-payment is allowed, there will be a pre- payment penalty, consisting of (1) payment of all interest which would have accrued for the remaining term of the Note but for the pre-payment, plus (2) the payment of the total amount of tax that is owing by Holder to any state and the federal government as a consequence of the pre-payment. It is a requirement of this Note that the Maker provide reporting forms to the Holder showing that the interest paid each year by Maker to Holder is non-taxable. Ifa payment is ten (10) days or more late, Maker will be charged 5.0% of the unpaid portion of the regularly scheduled payment. Upon any default, Holder may declare the entire unpaid principal balance on this Note, and all accrued, unpaid interest immediately due and payable, and then Maker will pay that amount, including the pre- payment penalties stated above. The terms of this Note and the Trust Deed of even date herewith are binding upon the heirs, successors, and assigns of the parties. Should any action or proceeding be instituted to collect on this Not~ due to any default of Maker, including any failure to pay any pre-payment penalties that are due and owing, the prevailing party shall be entitled to an award of attorney fees incurred in connection with said collection efforts, including any attorney's fees incurred in connection with any appellate proceedings, in amounts to be determined by the appropriate court or courts. The authorized representative of the City of Ashland, by executing this Note, on Maker's behalf represents and warrants that he/she has approval from the City to execute this Note, and that the Ashland Parks Commission and the Ashland City Council have performed all steps and requirements of the law to authorize and approve the execution of both this Note, and the accompanying trust deed securing re-payment of the Note of the same date herewith. CITY OF ASHLAND, a Municipal Corporation By: ~2-~~ Its authorized represented Need [ ] Promissory Note [ ] Deed of Trust REQUEST FOR FULL RECONVEYANCE To LAWYERS TITLE INSURANCE CORPORATION, TRUSTEE With reference to that certain Trust Deed in which: ASHLAND, A MUNICIPAL CORPORATION THE CITY OF is the Grantor, you are the Trustee, and the undersigned is the Beneficiary, recorded in DOCUMENT NO: 02 64657 , Official Records of JACKSON County, Oregon, be advised that the undersigned is the legal owner and holder of all indebtedness secured by said Trust Deed and all sums secured thereby have been fully paid and satisfied. You are hereby directed, on payment to you of any sums owing to you under the terms of said Trust Deed or pursuant to statute, to cancel all evidence of indebtedness secured by said Trust Deed (which are delivered to you herewith together with said Trust Deed) and to reconvey, without warranty, to the parties designated by the terms of said Trust Deed the estate now held by you under the same. MAIL RECONVEYANCE AND DOCUMENTS TO Dated GRANTOR REVOCABLE LIVING TRUST, DATED: AUGUST 10, 1995 FLORENCE E. KEENER, CO-TRUSTEE - Beneficiary REQUEST FOR PARTIAL RECONVEYANCE Property Description: To LAWYERS TITLE INSURANCE COMPANY; TRUSTEE With reference to that certain trust deed in which The city of Ashland~ a Municipal corporation is the grantor, you are the trustee and the under- signed is the beneficiary, recorded in Volume at page or as Document f~number 02 64657 (indicate which) of the mortgage records of Jackson County, Oregon, be advised that the undersigned is the legal owner and holder of all indebtedness secured by said trust deed and sums secured thereby have been partially paid and satisfied. You hereby are directed, on payment to you of any sums owing to you under the terms of said trust deed or pursuant to statute, to partially cancel evidence or indebtedness secured by said trust deed and to partially reconvey, without warranty, to the parties designated by the terms of said trust deed the estate now held by you under the same. Mail reconveyance and documents to GRANTOR HAROLD KEENER AND FLORENCE E. KEENER JOINT REVOCABLE LIVING TRUST, DATED: AUGUST 10, 1995 DATED , BX: Beneficiary FLORENCE E. KEENER, CO-TRUSTEE r r T tle Part Of The ]ELD-WEN Family AUTHORIZATION FOR AUTOMATIC DEPOSIT Collection Escrow No. I/We authm ize AxneriTitle to initiate credit entries to nay/our I-lchecking I-Isavings account (check one) indicated below at the depository named below, and to credit the same to such account. I (we) acknowledge that the origination of AC[I transaction to my (our) account must comply with the provisions of US law. I (we) further authorize AmeriTifle lo credi! m debit the account for entries made in error. All pmties acknowledge that it is the responsibility of the undersigned to confirm credits aud/or debits with the deposit,~y listed below. AmeriTitle is hereby held harmless from any liability or responsibility if the undersigned does not confirm credils with lheir depository, which may result in overdraft fees or other consequences. The undersigned hereby acknowledge that AmeriTitle is held harmless flora any liability or responsibility concerning errors resulting fr~m the handling of lhe accounts arrd funds by the depository for AmeriTitle or the depository of the undersigned. It is m~ders~ood that there may be a one-month test period, in which funds will be disbursed by check, before the Electtvnic trans~k~r is in place. This service may be utilized for checking and savings accb'unts only. This author ity will remain itl full force arid effect until AmeriTitle, Inc has received 30 day written notification from any tile undersigned or their heirs or personal representatives or other legally authorized person, of its termination. NO'IF,: Average time of deposit is 48 hours after being sent from AmeriTitle, Inc. I'EP()~'fI'()RY NAME: A DDP, F~SS: Cfi'Y: ............... STATE ZIP: IRAN,I'I'/AI,A NO._ _~"~' / /'.~--'O~'~~ACCOUNT NO. (PLEASE PRINT) NAM F.: (PLEASE PRINT) SIGN[:.I ): DATE: PLEAS E ATTACH A VOIDED CHECK/DEPOSIT SLIP 1501 E McAndrews Rd · PO Box 1804 · Medford, Oregon 97504 · 541 779-7660 · Fax 541 779-3506