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HomeMy WebLinkAbout1984-058 Trust Deed - Everett FORM N.. R.'-0~g.n T,," o..d S";'_TRUS~ TN.] 84. -08717 CT- 53/81 ST tJ~9 39.1€. 9de- TRUST DEED I :1. ()~ ~~()~ ',S.NESS LAW PU!:_ISriING C<J.. PORTLAND. OR. 97204 THIS TRUST DEED, made this ..._.~)..~9..........._u.day of ........._~~y.u._._..........................__....____, 19__8.4_____, between Claudia Everett -------------------------------------------------------------------------------------._________________________._____e_____.___________.___________._____._____________________________________________ ____________ h_ --. ----... -... h.. --......... - -- -. _'.. __ - - - - _.... _ __. _._ _.._ _... _ _ __........ _ _. _.... _.... _....... _ _ __... .................. ...h'.'....._.h ...__.. __ __.. __.. __...h. __ __ __. _._. _ _... _ _ ____... _.......... _ _.__ _.. _, as Grantor, ..' -....~ ~.~_!.~.~...T.~.~.~~.. ~~:>.l}. ~.~.~.~~__ f~...... __' _ .......... _ __. ......_. _.... ..__ _..__... __ _.. _.. u __ _. __... __... _ _._ _... ____ _......... _. _ ......, as Trustee, and ---------------------------------------------------------------------------------------------------------.-----------------.-.------------------.--------------______________.___.___.____________MM___ _MM_________ .u!.~.~.. .<;:.~.~ y...?~. .r::.:>_ ~}.':l.~~. - -......... _... _. _' _. _ _ _.. _ _.. _.. _...... _ _. ..._..... _.... _ _ _.... u U _u nOOn... u.. ._...... _... oou.. u.. _ _.. _U. u.... _..... .__... _. u....oo........ ___. _ _...... _. ......_, as Beneficiary, WITNESSETH: Grantor irrevocably grants, bargains, sells and conveys to trustee in trust, with power of sale, the property in -.....}9.<;.~.?.<?.l!u....mu._......._..h......__...County, Oregon, ~~~W8<.' The cont ract pu rchaser' s interest in the real property described as: SEE EXHIBIT "A" together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in anywise now or hereafter appertaining, and the rents, issues and profits thereof and all fixtures now or hereafter attached to or used in connec- tion with said real estate. FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the sum of . n ~n~ .~lJ~.~ .r~d.,. .t.h.irtY.-}.()LJ.I:". .g().U.?!r.s. 8....fJtt.Y. .c.~[l 1:.S ..... .m..__ u.. uno____ __.___Dollars, with interest thereon according to the terms of a promissory note of even date herewith, payable to beneficiary or order and made by grantor, the final payment of principal and interest hereof, if not sooner paid, to be due and payable ().n..~.aJE3()r___t.r:?!n.s.fE3.1:". __, 19.__ The date of maturity of the debt secured by this instrument is the date, stated above, on which the final installment of said note becomes due and payable. In the event the within described property, or any part thereof, or any interest therein is sold, agreed to be sold, conveyed, assigned or alienated by the grantor without first having obtained the written consent or approval of the beneficiary, then, at the beneficiary's option, all obligations secured by this instrument, irrespective of the maturity dates expressed therein, or herein. shall become immediately due and payable, The above described real property is not currently used for agricultural, timber or grazing purposes. To protect the security of this trust deed, grantor agrees: I. To protect, preserve and maintain said property in good condition and repair; not to remove or demolish any building or improvement thereon; not to commit or permit any waste 01 said property. 2. To complete or restore promptly and in good and workmanlike manner any building or improvement which may be constructed, damaged or destroyed thereon, and pay when due all costs incurred therelor. 3. To comply with all laws, ordinances, regulations, covenants, condi- tions and restrictions affecting said property; il the beneficiary so requests, to join in executing such linancing statements pursuant to the Unilorm Commer- cial Code as the beneliciary may require and to pay lor liling same in the proper public office or offices, as well as the cost 01 all lien searches made by liling officers or searching agencies as may be deemed desirable by the beneliciary. 4. To provide and continuously maintain insurance on the buildings now or herealter erected on the said premises against loss or damage by fire and such other hazards as the beneliciary may Irom time to time require, in an amount not less than $--..9.34.50...........__.................., written in companies acceptable to the beneficiary, with loss payable to the latter; all policies 01 insurance shall be delivered to the beneficiary as soon as insured; il the grantor shall lail lor any reason to procure any such insurance and to deliver said policies to the beneliciary at least lilteen days prior to the expira- tion 01 any policy 01 insurance now or herealter placed on said buildings, the beneliciary may procure the same at grantor's expense. The amount collected under any fire or other insurance policy may be applied by beneli- ciary upon any indebtedness secured hereby and in such order as beneficiary may determine, or at option 01 beneliciary the entire amount so collected, or any part thereol, may be released to grantor. Such application or release shall not cure or waive any delault or notice 01 delault hereunder or invalidate any act done pursuant to such notice. 5. To keep said premises Iree Irom construction l,ens and to pay all taxes, assessments and other charges that may be levied or assessed upon or against said property belore any, part 01 such taxes, assessments and other charges become past due or delinquent and promptly deliver receipts therelor to beneficiary; should the grantor lail to make payment 01 any taxes, assess- ments, insurance premiums, liens or other charges payable by grantor, either by direct payment or by providing beneliciary with lunds with which to make such payment, beneliciary may, at its option, make payment thereol, and the amount so paid, with interest at the rate set lorth in the note secured hereby, together with the obligations described in paragraphs 6 and 7 01 this trust deed, shall be added to and become a part 01 the debt secured by this trust deed, without waiver 01 any rights arising Irom breach 01 any 01 the covenants hereol and lor such payments, wth interest as aloresaid, the prop- erty hereinbelore described, as well as the grantor, shall be bound to the same extent that they are bound lor the payment 01 the obligation herein described, and all such payments shall be immediately due and payable with- out notice, and the nonpayment thereol shall, at the option 01 the beneficiary, render all sums secured by this trust deed immediately due and payable and constitute a breach 01 this trust deed. 6. To pay all costs, lees and expenses 01 this trust including the cost 01 title search as well as the other costs and expenses 01 the trustee incurred in connection with or in enlorcing this obligation and trustee's and attorney's lees actually incurred. 7. To appear in and delend any action or proceeding purporting to affect the security rights or powers 01 beneliciary or trustee; and in any suit, action or proceeding in which the beneliciary or trustee may appear, including any suit lor the loreclosure 01 this deed, to pay all costs and expenses, in- cluding evidence 01 title and the beneliciary's or trustee's attorney's lees; the amount 01 attorney's lees mentioned in this paragraph 7 in all cases shall be lixed by the trial court and in the event 01 an appeal Irom any judgment or decree 01 the trial court, grantor lurther agrees to pay such sum as the ap- pellate court shall adjudge reasonable as the beneliciary's or trustee's attor- ney's lees on such appeal. It is mutually agreed that: 8. In the event that any portion or all 01 said property shall be taken under the right 01 eminent domain or condemnation, beneliciary shall have the right, il it so elects, to require that all or any portion 01 the monies payable as compensation lor such taking, which are in excess 01 the amount requirtod to pay all reasonable costs, expenses and attorney's lees necessarily paid or incurred by grantor in such proceedings, shall be paid to beneliciary and applied by it lirst upon any reasonable costs and expenses and attorney's lees, both in the trial and appellate courts, necessarily paid or incurred by bene- liciary in such proceedings, and the balance applied upon the indebted.ness secured hereby; and grantor agrees, at its own expense, to take such actions and execute such instruments as shall be necessary in obtaining such com- pensation, promptly upon beneficiary's request. 9. At any time and Irom time to time upon written request 01 bene- liciary, payment 01 its lees and presentation 01 this deed and the note lor endorsement (in case 01 lull reconveyances, lor cancellation), without affecting the liability 01 any person lor the payment 01 the indebtedness, trustee may (a) consent to the making 01 any map or plat 01 said property; (b) join in granting any easement or creating any restriction thereon; (c) join in any subordination or other agreement affecting this deed or the lien or charge thereol; (d) reconvey, without warranty, all or any part 01 the property. The grantee in any reconveyance may be described as the "person or persons legally entitled thereto," and the recitals there:n 01 any matters or lacts shall be conclusive prool 01 the truthlulness thereol. Trustee's lees lor any 01 the services mentioned in this paragraph shall be not less than $5. 1 O. Upon any delault by grantor hereunder, beneficiary may at any time without notice, either in person, by agent or by a receiver to be ap- pointed by a court, and without regard to the adequacy 01 any security lor the indebtedness hereby secured, enter upon and take possession 01 said prop- erty or any part thereol, in its own name sue or otherwise collect the rents, issues and prolits, including those past due and unpaid, and apply the same, less costs and expenses 01 operation and collection, including reasonable attor- ney's lees upon any indebtedness secured hereby, and in such order as bene- liciary may determine. 11. The entering upon and taking possession 01 said property, the collection 01 such rents, issues and prolits, or the proceeds 01 lire and other insurance policies or compensation or awards lor any taking or damage 01 the property, and the application or release thereol as aloresaid, shall not cure or waive any delault or notice 01 delault hereunder or invalidate any act done pursuant to such notice. 12 . Upon delault by grantor in payment of any indebtedness secured hereby or in his perlormance 01 any agreement hereunder, the beneliciary may declare all sums secured hereby immediately due and payable. In such an event the beneliciary at his election may proceed to loreclose this trust deed in equity as a mortgage or direct the trustee to loreclose this trust deed by advertisement and sale. In the latter event the beneliciary or the trustee shall execute and cause to be recorded his written notice 01 delault and his election to sell the said described real property to satisly the obligations secured hereby, whereupon the trustee shall fix the time and place 01 sale, give notice thereol as then required by law and proceed to loreclose this trust deed in the manner provided in ORS 86.740 to 86.795. 13. Should the beneliciary elect to loreclose by advertisement and sale then alter delault at any time prior to live days belore the date set by the trustee lor the trustee's sale, the grantor or other person so privileged by ORS 86.760, may pay to the beneliciary or his successors in interest, respec- tively, the entire amount then due under the terms 01 the trust deed and the obligation secured tbereby (including costs and expenses actually incurred in enlorcing the terms 01 the obligation and trustee's and attorney's lees not ex- ceeding the amounts provided by law) other than such portion 01 the prin- cipal as would not then be due had no delault occurred, and thereby cure the delault, in which event all loreclosure proceedings shall be dismissed by the trustee. 14. Otherwise, the sale shall be held on the date and at the time and place designated in the notice 01 sale or the time to which said sale may be postponed as provided by law. The trustee may sell said property either in one parcel or in separate parcels and shall sell the parcel or parcels at auction to the highest bidder lor cash, payable at the time 01 sale. Trustee shall deliver to the purchaser its deed in lorm as required by law conveying the property so sold, but without any covenant or warranty, express or im- plied. The recitals in the deed 01 any matters 01 lact shall be conclusive prool 01 the truthlulness thereol. Any person, excluding the trustee, but including the grantor and beneficiary, may purchase at the sale. 15. When trustee sells pursuant to the powers provided herein, trustee shall apply the proceeds 01 sale to payment 01 (1) the expenses 01 sale, in- cluding the compensation 01 the trustee and a reasonable charge by trustee's attorney, (2) to the obligation secured by the trust deed, (3) to all persons having recorded liens subsequent to the interest 01 the trustee in the trust deed as their interests may appear in the order 01 their priority and (4) the surplus, il any, to the grantor or to his successor in interest entitled to such surplus. 16. For any reason permitted by law beneliciary may Irom time to time appoint a successor or successors to any trustee named herein or to any successor trustee appointed hereunder. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers and duties conferred upon any trustee herein named or appointed hereunder. Each such appointment and substitution shall be made by written instrument executed by beneliciary, containing relerence to this trust deed and its place 01 record, which, when recorded in the office 01 the County Clerk or Recorder 01 the county or counties in which the property is situated, shall be conclusive prool 01 proper appointment 01 the Successor trustee. 17. Trustee accepts this trust when this deed, duly executed and acknowledged is made a public record as provided by law. Trustee is not obligated to notily any party hereto 01 pending sale under any other deed of trust or 01 any action or proceeding in which grantor, beneliciary or trustee shall be a party unless such action or proceeding is brought by trustee. 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 association authorized to do business under the laws of Oregon or the United States, a title insurance company authorized to insure title to real property of this state, its subsidiaries, aHi liates, agents or branches, the United States or any agency thereof, or an escrow agent licensed under ORS 696.505 to 696.585. 84. ..0871~i The grantor covenants and agrees to and with the beneficiary and those claiming under him, that he is law- fully seized in fee simple of said described real property and has a valid, unencumbered title thereto This Trust Deed is inferior to: A Contract of Sale, including the terms and provisions thereof, executed July 13, 1981, by and between R. Elaine Joines, as seller, and Claudia Everett, as purchaser, recorded July 13, 1981, as Document #81-13146, Official Records of Jackson County, Oregon. (Affects Parcell.) and that he will warrant and forever defend the same againstalJ persons whomsoever. The grantor warrants that the proceeds of the loan represented by the above described note and this trust deed are: (a)* primarily for grantor's personal, family, household or agricultural purposes (see Important Notice below), (>>~xxJxxXZItIXXJ:(g~Jt:HJlI1CX~J{~:nx~~.(S(i~)(lX1C~~k~~~R)(i.Cl1X~"u(~X~""'Jt:kp;tflXlll>>eSy()!:tJ:l1n(>duI)t~~ putl)f).CJl.f!fS( x This deed applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, administrators, execu- tors, personal representatives, successors and assigns. The term beneficiary shaIl mean the holder and owner, including pledgee, of the contract secured hereby, whether or not named as a beneficiary herein. In /eonstruing this deed and whenever the context so requires, the masculine gender includes the feminine and the neuter, and the singular number includes the plural. IN WITNESS WHEREOF, said grantor has hereunto set his hand the day ~nd year f~bove written. * ItMPORI!ANbT1 N~fTICE: Detlet(e,)~y lininl~ obult, whdicthheveb, waf~r~nty .(a) or (bd~tiS ----Ct/r;U- ./'AuuU~~ . ~u' no app Ica ej I warran y a IS app Ica e an e ene IClary IS a cre lor v-l TVI ~______ as such word is defined in the Truth-in-Lending Act and Regulation Z, the beneficiary MUST comply with the Act and Regulation by making required disclosures; for this purpose, if this instrument is to be a FIRST lien to finance the purchase of a dwelling, use Stevens-Ness Form No. 1305 or equivalent; if this instrument is NOT to be a first lien, or is not to finance the purchase of a dwelling use Stevens-Ness Form No. 1306, or equivalent. If compliance with the Act is not required, disregard this notice. (If the signer of the above is a corporation, use the form of acknowledgment opposite.) (ORS 93.490) STATE OF OREGON, JACKsoN County of n_ummnn ......u;e'!!o~l~;::}t~e ) ) ss. --nJ 1S'__~ _00' 19 above namedn ST.4TE\OF OREGON, County of _ _ ---J ss. 19_ PersonaIIy appeared _and first CL.fl:"fDlA et- YE=r?&tC duly sworn, did say that the former is president and that the latter is 00 n_ _ u ___00 _m___ secretary of ment to be_ and acknowledged the foregoing instru- -- H~ _ voluntary act and deed. Before me: mN5s::t~r~f? ~ '. (OFFICIAL SEAL) ...."...., '. My commission expires: My commission expires: ""-- ....... "fQ..FFICIAL SEAL) REQUEST FOR FULL RECONVEYANCE TO: _ _, Trustee JANE DAVIS NOTARY PUBliC - OREGON My Commission Expires '2." 2 7,- 8, To be used only when obligations have been paid. The undersigned is the legal owner and holder of all indebtedness secured by the foregoing trust deed. All sums secured by said trust deed have been fuIIy 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 cancel aII evidences 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 byfyou under the same. Mail reconveyance and documents to DATED: , 19__ Beneficiary Do not lose or destroy this Trust Deed OR THE NOTE which it secures. Both must be delivered to the trustee for cancelbtion before reconveyance will be made. TRUST DEED Grantor SPACE RESERVED at in ment (FORM No. 881) STEVENS-NESS LAW PUB. CO.. PORTLAND. ORE. FOR RECORDER'S USE Beneficiary AFTER RECORDING RETURN TO ~ By I _hn U._h_m_hDepluty 84. -08717 Exhibit II All DESCRIPTION SHEET See page 1 for vesting and encumbrances, if any. Description of the tract of land which is the subject of this report. PARCEL 1: A tract or parcel of land situated in a portion of Lots 12 and 13 of the HARGADINE TRACT in the Town of Ashland in Donation Land Claim No. 40, and the Northwest quarter of Section 9, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon and being more fully described as follows: Commencing at a found 1-1/2 inch diameter iron pipe situated at the Southeast corner of Donation Land Claim No. 40, said Township and Range~ thence North 890 51' 58" West along the Southerly boundary line of said claim, 1222.63 feet to a point in the Northwesterly right of way of West Fork Street~ thence leaving said claim line North 450 03' 02" East (deed record North 450 East) along said Northwesterly right of way, 209.725 feet to a 5/8 inch iron pin for the True Point of Beginning~ thence leaving said right of way, North 440 56' 58" West, 97.05 feet to a 5/8 inch iron pin situated in the old Southeasterly right of way of South Pioneer Street~ thence North 390 14' 07" West and normal to South Pioneer Street, 5.00 feet to a 5/8 inch iron pin situated in the new Southeasterly right of way of South Pioneer Street as established by City of Ashland Ordinance No. 1076 and recorded in Volume 294, Page 39, Jackson County, Oregon, Deed Records~ thence North 500 45' 53" East (deed record North 500 38' East) along said Southeasterly right of way, 62.31 feet Lo a~ 5/8 inch iron pin thence leav ing sa id righ t of way and normal therefrom I South 390 14' 07" East, 5.00 feet to a 5/8 inch iron pin~ thence South 440 56' 58" East, 90.845 feet to a 5/8 inch iron pin situated in the Northwesterly right of way of West Fork Street; thence South 450 03' 02" West (deed record South 450 West) 62.00 feet to the point at beginning. ~,. ~..-i,...~ '1 l" " ... .. I! 1 lJ lIrTJ"':f....,~t_'(:..,_.,,,'.'_, Jackson County, Oregon Recorded OFFICIAL RECORDS q: SO JUN 11984 I1.M. KATHLEEN S.BECKETT CLERK and RECORDER ~Q~puty ,?" PROMISSORY NOTE Loan Amount: $ 934.50 Loan Number089b HD-M-I Da t e : 5/23/84 Ashland, Oregon. FOR VALUE RECEIVED pursuant to a Deferred Payment Loan from the City of Ashland, the undersigned jointly and severally promise (s) to pay to the order of the City of Ashland, a political sub- division of the State of Oregon, or its successors, the sum of nine hundred.thirty-four & dollars ($ 934.50 ). fifty cents. This Note shall become due and payable upon any actual or attempt- ed transfer, voluntary or involuntary, including by operation of law or death of the undersigned, of any interest in that cer- tain real property identified and described in the Trust Deed securing this indebtedness. When death of the undersigned causes transfer of the property to a surviving spouse, the above pre- vious shall not apply and the rights and responsibilities of this Note shall transfer with the property to the s~rviving spouse. Said payment shall be made in lawful money-of the United States of America at the office of the Ashland Home Rehabilita- tion Program, Ashland, Oregon, or at such other places as shall be designated by the City of Ashland. The undersigned reserves the right to repay at any time all of the principal amount of this Note in a single payment without the payment of penalties, discount or premiums. Payment of less than the full sum owing shall not be accepted. If suit or action is instituted by the City of Ashland to re- cover on this Note, the prevailing party agrees to pay to the losing party all costs of such collection, including reasonable attorney's fees and court costs at trial and on appeal. Demand, protest and notice of demand and protest are hereby waived, and the undersigned hereby waives, to the extent author- ized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. IN WITNESS WHEREOF, THIS NOTE AND TRUST DEED SECURING THE NOTE, HAVE BEEN DULY EXECUTED BY THE UNDERSIGNED, AS OF THE DATE ABOVE WRITTEN. o~~ 0J4fij 23 - 11(j /1rr