The URL can be used to link to this page

Home My WebLink About2011-302 Resale Restriction AMND - Snowberry Brook r�• 1e9�-�c..a� -iz� RE-RECORDING COVER SHEET Re ord d estfonically After recording return to: ID — County First American Title Insurance Company Date � Time 200 SW Market St, Ste 250 Sim�lifile.com soo.aso.sssi Portland, OR 97201 All tax statements should be sent to: No change 1. Document Title—by ORS 205.234(a): AMENDMENT TO CONTRACT 2. Grantor/Direct Party—by ORS 205.125(1)(b) and ORS 205.160: CITY OF ASHLAND 3. Grantee/Indirect Party—by ORS 205(1)(a) and ORS 205.160: SNOWBERRY BROOK LLC This document is being re-recorded at the request of First American Title Company to correct document reference information on page 1 of the originally recorded document. Previously recorded,November 4, 2011, as Instrument No. 2011-34365. Attachment(s) evidencing correction: None I Jackson County Official Records 2011-035326 RAR Stn=7 MANCUSTL 11/14/2011 12:53:17 PM $25.00$10.00$5.00$11.00$15.00$3.00 $69.00 �"- / �..ary •`�'�'yI``-/Y, 1 Christine Walker,County Clerk Jackson Oregon,eertry that the Instrument i0ontiFleO herein was recorded in the Clerk rA a records. Christine Walker-County Clerk RE-RECORDING COVER SHEET After recording return to: First American Title Insurance Company 200 SW Market St, Ste 250 Portland, OR 97201 All tax statements should be sent to: No change 1. Document Title—by ORS 205.234(a): AMENDMENT TO CONTRACT 2. Grantor/Direct Party—by ORS 205.125(i)(b) and ORS 205.160: CITY OF ASHLAND 3. Grantee/Indirect Party—by ORS 205(l)(a) and ORS 205.160: SNOWBERRY BROOK LLC This document is being re-recorded at the request of First American Title Company to correct document reference information on page 1 of the originally recorded document. Previously recorded, November 4, 2011, as Instrument No. 2011-34365. Attachment(s) evidencing correction: None I Jackson County Official Records 2011-034365 P� R-0R Stn=7 MANCUSTL 11/04/2011 02:01:52 PM When Recorded Return to: $20.00$10.00$5.00$11.00$15.00$3.00 $64.00 I,Christine Walker,County Clark for Jackson County,Oregon,cenny Barbara Christensen, City Recorder that the instrument IdeMtt ecl herein was recorded In Me Clerk 20 East Main Street moms. Christine Walker-County Clerk Ashland, OR 97520 This Instrument Illed for record as an 8=111010dation only. It has not been examined as to It's effect upon the title. First American Title Co. AMENDMENT TO CONTRACT (City of Ashland Affordable Housing Resale Restriction Covenant) THIS AMENDMENT TO CITY OF ASHLAND AFFORDABLE HOUSING RESALE RESTRICTION COVENANT is dated as of Or,4 4 /R 20X?and is made to that certain City of Ashland Affordable Housing Resale Restriction Covenant dated as of October 18, 2010(the"Agreement")between the CITY OF ASHLAND (the "City")and SNOWBERRY BROOK LLC, an Oregon limited liability comgany("Owner"), which Agreement was recorded November g0kk ,2011,as Document No,4reeocAe4 �y f , Records of Jackson County, Oregon. The real property to which the Agreement pertains is described on Exhibit A hereto. All capitalized or defined terms not defined herein shall have the same respective meanings as in the Agreement. *-lot I -343f.,y The Agreement is hereby amended as follows: The following new Section 14 is hereby added: 14. Foreclosure. Notwithstanding any other provisions of this Agreement, in the event KeyBank,National Association,its successors or assigns (including any such successors or assigns, "KeyBank"),acquires title to the rental units through foreclosure or deed in lieu of foreclosure, neither KeyBank nor any subsequent purchaser of the rental units following such foreclosure or conveyance in lieu of foreclosure shall be deemed a "purchaser or transferee" of(i) Owner,or(ii)the Housing Authority of Jackson County(the"Housing Authority"), or(iii)any other limited liability company, limited partnership, or other entity formed by Owner or the Housing Authority to own and operate the rental units, and neither KeyBank nor such subsequent purchaser shall have any repayment or other obligations under the Agreement. (SSBIS Main Docurttentsl59911201N102947694) 1 - AMENDMENT TO CITY OF ASHLAND AFFORDABLE HOUSING RESALE RESTRICTION COVENANT In addition, in the event KeyBank acquires title to the rental units through foreclosure or deed in lieu of foreclosure, then as of the date of such acquisition all covenants, reservations, conditions, and restrictions contained in this Agreement shall cease to apply to the rental units, and to KeyBank or any subsequent purchaser from KeyBank, and the prior written approval of the City shall not be required for any conveyance of the rental units in connection with any such foreclosure or deed in lieu of foreclosure, or any subsequent sale of the rental units by KeyBank; provided, however, that nothing contained in this Section 14 shall be construed to limit or restrict any remedies that the City may have under this Agreement against Owner, the Housing Authority, or any other limited liability company, limited partnership, or other entity formed by Owner or the Housing Authority to own and operate the rental units for a breach by any such entity of any covenant, reservation, condition, or restriction contained in this Agreement. Agreed to as of the date first written above. CITY OF ASHLAND as to form are: it' tle: 1 h SNOWBERRY BROOK LLC, an Oregon limited liability company By: Housing Authority of Jackson County, Managing Member By: U� Name: S co V- F�5 rea Title: rc� EGU�lC7G Dtt2EGTD/! (SSBIS Main Documents\5891\201\002947693} 2 - AMENDMENT TO CITY OF ASHLAND AFFORDABLE HOUSING RESALE RESTRICTION COVENANT /}� STATE OF OREGON ) ss: COUNTY OF �ja('jLCnY1 ) The foregoin instrument was acknowledged before me th_is 7 day of {fir 20 , by L-a as ( ` on behalf of the City of Ashland. OFFICIAL SEAL , DIANA R SHIPLET Notary Public for Oregon NOTARY PUBLIC-OREGON My commission expires: AkWX /V-,- &0 14f COMMISSION NO. 454135 1 MY COMMISSION EXPIRES NOVEMBER 28,2014 STATE OF OREGON ) ss: COUNTY OF (,[' C. $�w The foregoing instrument was acknowledged before me this_L day of /vol-/ , 20 ' by 7), r fh-�; r , as fbL, t-.'L �✓t lion behalf of the Housing Authority of Jackson County, managing member on behalf of Snowberry Brook LLC, an Oregon limited liability company. Notary e g Public for Or on ,� OFFICIAL SEAL �;'"" ' DONNA O'GRADY My commission expires: —I 2 \� � NOTARY PUBLIC-OREGON / COtstvll SSION NO. 432730 MY COMMISSION EXPIRES SEPT. 20. 2012 (SSBLS Main Documcnts\5891\201\002947694 I 3 - AMENDMENT TO CITY OF ASHLAND AFFORDABLE HOUSING RESALE RESTRICTION COVENANT q EXHIBIT A LEGAL DESCRIPTION PARCEL 2 AS SHOWN ON PARTITION PLAT FILED IN THE OFFICE OF THE JACKSON COUNTY OREGON SURVEYOR AS NO. 20468 AND RECORDED AS PARTITION PLAT NO. P-27-2009 OF "RECORD OF PARTITION PLATS" IN JACKSON COUNTY, OREGON