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HomeMy WebLinkAbout1986-067 Trust Deed - Tobiasson oc 8G-09033 c..:\~~o'-\ , TRUST DEED ~'5 ~~ t50D '\~ ~ ~ENS.NESS LAW PUSLlSH;NG CO., PORTLAND, ~R. .720~ THIS T RUST DEED, made this -u---Q-th---nn__u__n_dav of -------n--n-f-e_'bx:JJ.a1;:~--nn--n-----------, 19_8_6____, between - - - - _u - - -- - - - _n_ - - - --- - - ~ u _J Q 1?_ ~p_h - - _N_ ~----~QQ i_g;:? -~_QI}____an g _ __ ~~~_~_J: yq _ _..J _~____ T_Q_R_i_a_s S_ Qn __ __ _ _ ____ _ _ u _ _ _ _ __ _ _ _ _ u _ _ __ u _ _ u __ _ _ ____ _ _ __ __ _ _ ___ - ---- - - ---- -- -- -- -- -- -- -- - --- - -- --- - - - - - - -- - - -- - - --- - -- - - --- - -- - - ---- -- ---- - - -- - - --- --- - - -- - - -- - - -- - - -- - -- -- -- - - -- --- - ---------- ------- --- ------ --- ------- ------ - ------- -- -- - - -- - - ---- - - --- - --- - -- - - ---- -- - - ---- - - -, as Grantor, _.Cx:at.e.r....'l'_i_t_l~...I.ns.u.r.an.c_e...CQmp.any_,..._.an...Qr.e.g.on....cs.:u:po.r.at.i..on..., as Trustee, and - -- - - -- - - - --- - - - - -- - - - - --- - - - -- - - - - -- - - - - -- -- - - -- - - - - -- -- - - -- -- - - -- - - - - -- -- - - -- - - - - ---- ---- --- - --- - - - -- -- - - -- - - ---- - --- -- - - ---- - - --- - - - -- - - - ----- - - ---- - - -- -- - ----- - - -- --- - -- - - - - ---- - ----- - - ---- - - ---- ------ - - ----- ..........................C i t. y... o.f_.. As hJ. and....................... ..._.....: m._ ....._... m.. ...m........ __.. ..m......... ._m..................... ._............................., as Beneficiary, · WITNESSETH: Grantor irrevocably grants, bargains, sells and conveys to trustee in trust, with power of sale, the property in -----nJg~~9-9-D---n----n____nn__nu__u_County, Oregon, described as: Lot Five (5) in block County, Oregon, according EXCEPTING THEREFROM the Twenty-Eight. (28) of to the of-f icial Easterly 45 feet. Ashland, Jackson said city. the l888 City of map of together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in anywise now or herealter appert,aining, 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 a~reement of grantor herein contained and payment of the sum of - - - - - _F o_ur - - - - T h Q us_and__ - Ei_ght_oo _ Hun_dre_d_ -_and_ _ _ no jlO _000 00 ____ _ __ _ __ _ _ _ _ _ _ _ _ _ _ __ _ _ _ ___ _ _ _ _ __ _ _ _ ___ ____ _ 00 _ _ _ ___ _ _ _ _ __ _ ___ ____ _ 00_ ___ ____ __ 00 __ _ _ _ __ _ _ _ _ _ __ -----------------------00-----------------00-----------0000-------0000-----------Dollars, with interest thereon accordin~ 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 ppQ-n---h~-a-l_e____.o_r____t_~_an_s_f.e_r__, 19_______00_____. 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: 1. To protect, preserve and maintain said property in ~ condition and repair,' not to remove or demolish any bui1din~ or improvement thereon; not to commit or permit any waste of said property. 2. To complete or restore promptly and in ~d and workmanlike manner any buildin~ or improvement which may be constructed, dama~ed or destroyed thereon, and pay when due all costs incurred therefor. 3. To comply with al1 laws, ordinances, re~ulations, covenants, condi- tions and restrictions affectin~ said property,' if the beneficiary so requests, to join in executin~ such financin~ statements pursuant to the Uniform Commer- cial Code as the beneficiary may require and to pay for fi1in~ same in the proper public office or offices, as wel1 as the cost of al1 lien searches made by filin~ officers or searchin~ a~encies as may be deemed desirable by the beneficiary. 4. To provide and continuously maintain insurance on the buildin~s now or hereafter erected on the said premises aAainst loss or dama~e by fire and such other hazards as the bfJ.(leficiary may from time to time require, in an amount 'not less than $---4----~__QO--.--Og-----------------------------------, written in companies acceptable to the b~neficiary, with loss payable to the latter; all policies of insurance shal1 be delivered to the beneficiary as soon as insured,. if the ~rantor shal1 fail for any reason to procure any such insurance and to deliver said policies to the beneficiary at least fifteen days prior to the expira- tion of any policy of insurance now or hereafter placed on said buildinAs, the beneficiary may procure the same at Arantor's expense. The amount col1ected under any fire or other insurance policy may be applied by benefi- ciary upon any indebtedness s~ured hereby and in . such order as beneficiary may determine, or at option of beneficiary the entire amount so collected, or any part thereof, may be released. to Arantor. Such application or release shal1 not cure or waive any default or notice' of default hereunder or invalidate any act done pursuant to such notice. 5. To keep said premises free from. construction l:ens and to pay all taxes, assessments and other charAes that may be levied or assessed upon or aAainst said property before any part of such taxes, assessments and other char~es become past due or delinquent and promptly deliver receipts therefor to beneficiary; should the ~rantor fail to make payment of any taxes, assess- ments, insurance premiums, liens or other. charAes payable by Arantor, either by direct payment or by providinA beneficiary with funds 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 forth in the note secured hereby, toAether with the obliAations described in paraAraphs 6 and 7 of this trust deed, shall be added to and become -a part of the debt secured by this " trust deed, without waivet of any r.,hts arisinA from breach of any of the covenants hereof and lor such Payments, vvth interest as aforesaid, the prop- erty hereinbefore described, as well as the ~rantor, shal1 be bound to the same extent that they are bound lor the payment of the obJiAation herein described, and all such payments shalJ be immediately due and payable with- out notice, and the nonpayment thereof shall, at the option of the beneficiary, render al1 sums secured by this trust deed immediately due and payable and constitute a breach of this trust deed. 6. To pay al1 costs, fees and expenses of this trust includinA the cost of title search as weJ1 as the other costs and. expenses of the trustee incurred in connection with or in enforcin~ this obliAation and trustee's and attorney's fees actually incurred. 7. To appear in and defend any action or proceedin~ purPOrtinA to affect the security riAhts or powers of beneliciary or trustee,' and in any suit, action or proceedjn~ in which the ,?eneficiary or trustee may appear, includi!1~ any suit for the foreclosure of thIS deed, to pay al1 costs and expenses, In- cludinA evidence of title and the beneficiary's or trustee's attorney's fees,' the amount 01 attorney's fees mentioned in this paraAraph 7 in al1 cases shall be fixed by the trial court and in the event of an appeal Irom any judAment or decree of the trial court, Arantor lurther aArees to pay such sum as the ap- pellate court . shal1 adjud~e reasonable as the beneficiary's or trustee's attor- ney's fees on such appeal. . I t is mutually a~reed that: 8. In the event that any portion or al1 of said property shal1 be taken under the riAht of eminent domain or condemnation, beneficiary shal1 have the ri~ht if it so elects, to require that al1 or any portion of the monies payable as c~mpensation for such takinA, which are in excess of the amount required to pay all reasonable. costs, expenses. and attorney' s fe~s necessariJ.y. paid or incurred by Arantor In such proceedlnAs, shal1 be paId to benefIcIary and applied by it first upon any reasonable costs and expenses and attorney's fees, both in the trial and appel1ate courts, necessarily paid or incurred by bene- ficiary in such proceedinAs, and the balance applied upon the indebtedness secured hereby; aed gr.p~ aArees, at its own expense, to take such a<!;tions, and execute such instrumenTs as shal1 be neceSsary in obtaininA such com- pensation, promptly upon beneficiary's request. 9. A t any time and from time to time upon written request of bene- ficiary, payment of its fees and presentation of this deed and the. note for endorsement (in case of full reconveyances, for cancellation), without affectin~ the liability of any person for the payment of the indebtedness, trustee may (a) consent to the makin~ of any map or plat of said property; (b) join in ~rantin~ any easement or creating any restriction thereon; (c) join in any subordination or other agreement allectin~ this deed or the lien or char~e thereof; (d) reconvey, without warranty, all or any part of the property. The Arantee in any reconveyance may be described as the Hperson or persons le~al1y entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustee's fees lor any of the services mentioned in this para~raph shall be not less than $5. 10. Upon any default by ~rantor hereunder, beneficiary may at any time without notice, either in person, by aAent or by a receiver to be ap- pointed by a court, and without re~ard to the adequacy of any security. for the indebtedness hereby secured, enter upon and take, possession of said prop- erty or any part thereof, in its own name sue or otherwise collect the rents, issues and profits, includin~ those past due and unpaid, and apply the same, less costs and expenses of operation and col1ection, includinA reasonable attor- ney's fees upon any indebtedness secured hereby, and in such order as bene- ficiary may determine. 11. The enterin~ upon and takinA possession of said property, the collection of such rents, issues and profits, or the proceeds of lire and other insurance policies or compensation or awards for any takinA or dama~e of the property, and the application or release thereof as aforesaid, shall not cure or waive any default or notice of delault hereunder or invalidate any act done pursuant to such notice. 12. Upon default by ~rantor in payment of any indebtedness secured hereby or in his performance 01 any agreement hereunder, the beneficiary may declare alJ sums secured hereby immediately due and payable. In such an event the beneficiary at his election may proceed to foreclose this trust deed in equity as a mort~a~e or direct the trustee to foreclose 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 of delault and his election to sell the said described real property to satisfy the obligation secured hereby_ whereupon the trustee shall lix the time and place 01 sale, ~ive notice thereof as then refluirecJ by .law and proceed to foreclose this trust deed in the manlier provided in 0'RS'B6!"35 tl:i"~~795. - ...,." ;, .J' "~~"", 13. Af(er tlle ttusteeha., commenced foreclosure by advertisement and sale, ana at any' time prior to 5 days before the date the trustee conducts the sale, the-grantor or, allY other perfJOn.so privlleA~,b,,;.ORS 8l.753, may cure the defaultrir "de/ail:t.. . -If the default consisis 01 ~alJiI.ril,.e; to . pay, when due, sums secured by the trust deed, the.. dela~lt may be cured by payinA the entire a~unt due at the time 01 the"CUJ'e 'other than such Portion as would not thetti. be due"had no delault occurred. Any- other' -default t'at is capable of beinA cured may be cured by tenderinA the performance required under the obliAation or trust deed. In any case, in addition to curin~ the default or defaults, the. .l'~r~n effectin~ the cure. shal1 . pay to the beneficiary al1 costs and expt!ns~'adlUtiny ifiCttrfjj(f'~ ift---:'4ItI"dtc!llir tlle~.'Obl~iition 01 the trust deed to~ether with trustee's and attorney's lees not exceedin~ the amounts provided by law. 14. Otherwise, the sale shal1 be held on the date aiad at the time and place desiAnated in the notice of sale or the time to which said sale may be postponed as provided by la"f. The trustee may sell said property either in one parcel or in separate parcels and shall sel1 the parcel or parcels at auction to the hiAhest bidder for cash, payable at the tIme of sale. Trustee shal1 deliver to the purchaser its deed in form as required by law conveyin~ th~ prc!perty ~ so~d, but without any covenant or warranty, express or im- plIed. The recItals In the deed of any matters of fact shalJ be conclusive proof of the truthfulness thereof. Any person, excludinA the trustee, but includinA the Arantor and beneliciary, may purchase at the sale. 15. When trustee sells pursuant to the powers provided herein, trustee shall apply the proceeds of sale to payment of (1) the expenses of sale, in- cludinA the compensation of the trustee and a reasonable char~e by trustee's attorney, (2) to the obliAation secured by the trust deed, (3) to al1 persons havinA recorded liens subsequent to the interest of the trustee in the trust deed as their interests may appear in the order of their priority and (4) the surplus, if any, to the Arantor or to his successor in interest entitled to such surplus. 16. Beneficiary may Irom time to time appoint a successor or succes- sors to any trustee named herein or to any successor trustee appointed here- under. Upon such appointment, and without conveyance to 'the successor trustee, the latter shal1 be vested with all title, powers and duties conlerred upon any trustee herein named or appointed hereunder. Each such appointment an<! substitution shall b.e made by written instrument executed by beneficiary, whIch, when recorded In the mortAaAe records of the county or counties in ~h:J.~ ~e~~~~ituated, shal1 be conclusive prool 01 proper appointment 17. Trustee accepts this trust when ,this deed, duly executed and ack!K'wledAed is. ~ade a public record as provided by law. Trustee is not obll~ated to notIfy' any party hereto of pendin~ sale under any other deed 01 trust or 01 any action or proceedinA in which Arantor, beneliciary or trustee shaIJ be a party unless such action or proceedinA is brouAht 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 insurQnce company authorized to insure title to real property of this state, its subsidiaries, affiliates, agents or branches, the United States or any agency thereof, or an escrow agent licensed under ORS 696.505 to 696.585. 86-09033 The srantor covenants and aArees to and with the beneficiary and those claimins 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 January 15, 1985, by and between Delbert N. Tobiasson and Dorothy L. Tobiasson, as sellers, and Joseph N. Tobiasson ~[ld.te18rilyn J. Tobiasson,.,~~ pur~hasers, recorded March. 26, 19~5, as Document No. 85-04228, _r~-I"~~Q!:~~~Qc;~_obE:).r .1~~--,_}98?-, ~S__~cUdlent__t!o.. 85-~7:4_9:?, qff~c~~) B~cqn;t~_Qf Jac~$-'>I'lCoJ,Jn:tYJ Oregon... and that they will warrant and forever defend the same against all persons whomsoever. The grantor warrants that the proceeds of the loan reprell8nted 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), (~xlf~JaD(~>axi~>iI<*MUcKxiA">OMMMl~>CKJt~>lx"">ocx"""~.~.~_ ~. This deed applies to, inures to the benefit of and binds all parties hereto, their heirs, l~atees, devisees, administrators, execu- tors, personal repreaentatives, successors and assigns. The term beneficiary shall mean the holder and owner, including pledgee, of the contract 118cured hereby, whether or not named as a beneficiary herein. InJ!onstruing this deed and whenever the context so requires, the masculine gender includes the feminine and the neuter, and the singul~r number includes the plural. · IMPORTANT NOTICE: Delete, by lining out, whlchev., warranty (a) or (b) i. not applicable; If warranty (a) I. applicable and the beneficiary I. a creditor a. .uch word I. defined in the Truth-in-Lending Act and Regulation I, the beneficiary MUST comply with the Ad and Regulation by making required disclosures; for thl. purpose, If this instrument i. to be a. FIIST lien to fInance the purchase of a clwelllng, use Stevens-Ne.. Form No. 1305 or equivCllent; If this In.trument I. NOT to be a fint lien, or i. not to finance the purcha.. of a elwelling u.. Steven.-Ne.. Form No. 1306, Or equivalent. If compliance with the Act I. not required, dl....gard thl. notice. IN WITNESS WHEREOF, said jrantor has hereunto set his hand t e day and year first above written. X.. -. "~~.~"'.T""'._"'ouh....m....ou_... ~ u -. _ ou. u._ u. ~. ... ...-.. .A~....... _. _.. .._.. . ~. STATE OF OREGON, ) ) SSe County of ---------Jackson-------------------) _____________f_e_brJJa_r_y____Q_,_________ ___eo_eo' 19__8__6__ __. Personally appeared the above named______________oo_____oo_ _ _00 _ _ _ ___ _ _ _ _J_o_s_e_p h_ _ _ _ N_ ~ _ __ _ T_Qb_i_ a_S_S_Q_n _ _ _____ _n __ _ _ _ _ _ _ 00 _ ___ ____ _ _ ____ __ _ Mar_i_l_YD___ _J_._ _ _ __To_bi_ass_Q D____ ___ 00 _ _ _ __ _ __ _ ___ STATE OF 0 JANE DA VIS NOTARY PUBLIC - OREGON My Co~i$Sion EXJ)ir.. (If the sign.r of the above is a corporation, use the form of acknowledgment opposit..) _____eo_e) SSe - - --- - -- - 00 -- - -______ _ ____ _ ___ ____ ___ _____ ___ _ __ _ __ __ __ _ _ _ __ _ _, 19__ _ ____ ____ __ __ _. Personally appeared - - - ____ __ __ u__ - __ _ __ _______ _____ _ _ _ _ _ _ _ ___ _ ____ _ ____ _ _ ___ __ _____ _ _ _ _ _ __ _ _ _ _ _ . and - -- -- -- ----- 00- -----____________________________ _ __00______ _________00________00___ ____ _________ who, each bei~ first duly sworn, did say that the former is the______________________________________________oo_________oo_ president and that the latter is the_________________________u____________________________oo_____________ secretary of ------- - _ ___ - - _ _____ __ ___ ____ _______ _____ __ u ____ _ _ _ _ _ ________ __ ______ _ _ _ _ ___ ________ ___ ____ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __0 (OFFICIAL SEAL) -~- - -;;,;p~;~tj~_;;; - ~_;;d- -th~t--th~ - - ~~1- ~iii~~d- - t~ --th~ - -i~~;~~i~~-- j~~t~~-;;t - -j~ - -th~ corporate seal of said corporation and that the instrument was signed and sealed in behalf of said corporation by authority of its board of directors; and each of them acknowled,ed said instrument to be its voluntary act and deed. Before me: ___________________oo_oo______and acknowledged the fore,oin, instru- ment to be-----____the_ir___________voluntary act and deed. Notary Public for Oregon (OFFICIAL SEAL) My commission expires: My commission expires: REQUEST FOR FULL RECONVEYANCE T. be used only wh.n obligations have b..n paid. TO: _________.._ ______ __ _ _ __ ___.. ______ _____'_.___________________________00 ___________________ ____________, Trustee The undersi,ned is the legal owner and. holder of all indebtedness secured by the foregoing trust deed. All sums secured by said trust deed have been fully 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 all evidences of indebtedness secured by said trust deed (whicl1 are delivered to you herewith together with said trust deed) and to reconvey, without warranty, to the parties desi,nated by the terms of said trust deed the estate now held byfyou under the same. Mail reconveyance and documents to --'_______________________________________________________________00_00__________________00______________. DATED: _ ___ _ _ . ___ ___ __ __ _ ___ - _ _ _ ___ _ _____ _ __00__ _ _ ______________ ____ _____ __ ___ _, 1900_________ _. Beneficiary D. not los. or d.ltroy thil Trult D..d OR THE NOTE which it .ecure.. loth mUlt be delivered to the trulte. for cancellation before reconv.yance will b. made. TRUST DEED ST ATE OF OREGON, \&q. (FORM No. 111>> STEVENS-NESS LAW PUB. co.. PORTLAND. ORE. Grantor SPACE RESERVED FOR RECORDER'S USE Joebon County, Or.. Recorded OmCIAL RECORDS Beneficiary AFTER RECORDING RETURN TO r..,J~' MAY 31186 Aa KATHLEEN S. BECKEtt OLEU: and BECORDER ., ~-~~ ,~ ~, /---", PROMISSORY NOTE Borrower's Name Joseph & Marilyn Tobiasson Loan No. 213 HD-M Property Address Date 2/6/86 23l Van Ness, Ashland Ashland, Oregon Loan Amount $4,800.00 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 subdivision of the State of Oregon, or it"s successors, the sum of ($4.800.0'0'. Four Thousand Eiaht Hundred and no/lOO dollars. THIS NOTE shall become due and payable upon any actual or attempted transfer, voluntary or involuntary, including by operation of law or death of the undersigned, of any interest in that certain real pro- 'perty identified and described in the Trust 'Deed securing this indebt- edness. When death of the undersigned causes transfer of the property to a surviving spouse, the above previous shall not apply and the rights and responsibilities of this Note shall transfer with the pro- perty to the surviving spouse. Said payment shall be made in lawful money of the United States of America at the office of the Ashland Housing Rehabilitation 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 o~ 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 recover on thi~ 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. IN WITNESS WHEREOF, THIS NOTE AND TRUST DEED SECURING THE NOTE, HAVE BEEN DULY EXECUTED BY THE UNDERSIGNED, AS OF THE DATE BELOW-WRITTEN. x \~~ ,,~~~ ~ ' .. Signature )(~~.~~. - . S.-- :ature 3-/o-y~ Date ----"