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HomeMy WebLinkAbout1983-005 Lease - Safeco..... :~m~.e.~. corporetion, (hereafter c~lled "O~mer") and Ow.-',er t~Tt~!er a =eas~ do?'.cd October 't :,wo has !eased certai~'~ real property i~ ~'~oCrew ...... ~: ....... ~a. ..... ..... Se',,,mizi', Ir'K:, ~br a term of twenty (20) years. McGrew Brothers Sawmi!l~ Inc. has filed ba~kr~ptey in the U, S. Bankruptcy Court, District of Oregon, Case i[o, 681.-05122 and u~.~ leasehold intc~rest has been conveyed to CROMAN CO,ii'ORATION, an Ore[~on corporation. CROMAN 0~,~, ORA~zO~, has obtained financin2 from SAFECO and pr,~po~e:~ [.o z~:~:j~: a~d mort,~a[~e to SAFFCO its iht, crest under said lease anc~ the lWzasehold estate des:crib.ad therein to s~ecure the financing; and SAFECO has requested the consent of ,.~;,,er to the cssignment and ~rtgage; T~tm~Jfu,'-m" .','-~:,,~, IT IS AGREED: 1.. O~er hereby consents to the mortgaging or' encumbering of lessee's interest in the lease to SAFECO as provided in the Collateral Assignment of Lease, a copy of which is attached herei:o amd, in the event the Assigns. or named therein, CROMAN CORPORATION, an Oregon corporation~ or any of their successors, default under the Collateral Assigmnent of Lease result.ing in foreclosure or a transfer in lieu of foreclosure, Own, er hereby consents to such a transfer of lessee's interest to SAFECO. 2. Otmer also agrees to waive any option or right to cancel the lease because of the bankruptcy or insolvency of the lessee so ].omg as SAFECO or any successor of SAFECO has any interest in the leasehold provided that this waiver shall not limit the lesaor's right tc cancel or terminate the lease or pursue other remedies for rmr~payment of rent or failure to perfom other terms and conditions of the lease. 3. Before cancelling or termip, at~ng the lease on accotmt of any default I,mder the lease, Owner agrees to give SAFECO at ]~::.'-:'~t fVfteen ~ays written notice of any intended cancellation or termination ~-;ithin ~,~hich time S/~FECO shall haw; the right to cure any such default and thereby restore said lease to good standing. 4. SAFECO agrees that its interest in the property covered by the lease sha].]. be and at all times remain subordinate to the interest of the Owner and that if, in ato e~u Collateral Assignment of the endorcement of any rights it has under the "~ '~ ~ perform the terms and conditions of the lease~ SAEECO shall not have the right to transfer or assign the lease ~ithout the written consent of the O~.mer, provided, however, that the Owner agrees that it ~ill .not unreasonably ~ithhold such consent. Except as provided above O~ner retains all r~gn..s and remedies for enforcement of its rights under the lease. SAFECO: City of Ashland A M~nicipal Corporation SAFECO Credit Company, Inc. A Washington Corporation Attest Mailing Address SAFECO Plaza Seattle, WA 98185 jw #16/57 Account ~gg. CRO~:! 9172 This schedule is incorporated by this reJere. J~C9 into that dated ~xec,.;ted by ._^n..__O;~go_n. C_ or_p_o__r_a_.t_t i_on Croman Corpor~tioD TRACT 3: Beginni,~g at the Narx,~est correct of' ,qo'~.'erta~ent Lot 4 ia Township 39 south. i east of the i~/liamette'HeriOian it~ Jackson Cotmry, Oregon; thence south 251.0 feet; thence north 56' 1]' west 1588.4 feel to the we,JO t;ne of the southeast quarter of Section 14, thence North along said ue:;t line 4Y~.9 feet:; theuce east 1120.0 feet.; thence north 455.0 feet to an intersection ~ith thc sourher!y li~e of tl~e Southern Pacific Railroad right-of-way; thence southerly along s~ii<T righ.':--of.~a~y line 1850.0 feet to a point due east of the point of beginning; theDce ~;,ea; 231.06 -. . ~.e~t to tt~e point of hegit';ning. SUBJECT TO: A 40 foot road from adjoining City property I;o~.Pd,~-- to Thomas J. Parker & Associates, Inc., Pacesetter llomes, Ibc., the Oregon State Forest Service and the Ashland Acres Riding A~sociation~ to Highway 99. TRACr 4: Beginning at the center of Section 14 ir, Township 39 South, Range i East of the ~-{~lamette Meridian in Jackson County, Oregon; L!~ence South I20.0 feet to the true point of beginning; thence East 300.0 feet; thence N~-~:;:h ,72~ West 126.0 feet; thence North 11' 40' Wear 25.0 feet; thence North 47~ O0~ East 720.0 feet~ more or less} to the South~zrly vig}~t-of-way of the Southecn ?~:ci~ic ''~ ....... aou~nt:aaac~y aio~ig amid right-of-wa;., 450,0 feet, more or less, to the ,~oat Northerly point of land presently leased b7 l~cGre'a Bros. Sa~ill Inc.; thence Sot, th 455.0 feet; tt~aace West 1120.0 feet; thence North 80.0 feet to the true point of beginning. SUBJECT TO: (1) A 40 'foot road right-of-way as presently surveyed and used along the tlesterly aide of the above described land. (2) Easement to City of Ashland for water pipeline purposes. (3) Subject to existing power line easement. BY: .... Cr~man_~or at ion IFULL LEGAL NAME) ~'tTt, E SAFECO Credit Company, Iv