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HomeMy WebLinkAboutDeed APPLICANT 5/1/2020DEED OF TRUST THIS DEED OF TRUST is dated December 11, 2014, among Hauck Summerview Investments, LLC, an Oregon limited liability company (•'Grantor'•); Northwest Community Credit Union, whose address is 3660 Gateway Street, Springfield, OR 97477 (referred to below soneBrries as "Especial and swretirrnes as "Beneficiary"); and Fidelity National Title Company of Oregon, whose address is 1433 SW 6th AVG, Portland, OR 97201 (referred to below as •Trustee••). CONVEYANCE AND GRANT. For valuable consideration, represented in the Nate dated December 11, 2014, In the anginal prirtlper atheist of s1,035,00lli from Grantor to Lender, Granter convoys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest In and to the following described real properly, together with all existing or subsequently erected or affixed buildings, improvements iii fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (Including stock in utilities with ditch or irrigation rights); and all other rights. royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters. (the "Reel Property) located in Lane CGMMy, State of Oregon: See Exhibit A The Real Property or its address is commonly known as 207, 209, 215, 223, 225 & 227 Q Street, Springfield, OR 97477. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantors right, title, and interest in and to all present and future leases of the Property and all Renis iron the Property, In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE, Except as otherwise provided in this Deed of Treat, Grantor shell pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantors obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following previsions- Possession and Use. Unlit 1 the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Properly (2) use, operate or menage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195,301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL. AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195,305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Duty to Maintain. Grantor shall maintain fie Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantors ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor hes no knowledge of, or reason to believe / yi43 `frY ��3 Lane County Clerk 2014-050526 RECORDATION REQUESTED BY: Lane County Deeds & Records Northwest Community Credit Union 12/22/2014 01:13:21 PM 3660 Gateway Street Springfield, OR 97477 RPRDTRCnt-1 Stn -7 CASHIER 02 10pages $92.00 550.00 511.00 510.00 521.00 WHEN RECORDED MAIL TO: Northwest community Credit Union 3660 Gateway Shast Springfield, OR 97477 AFTER RECORDING RETURN TO FIDELITY NATIONAL TTLE'NSUflANCE SEND TAX NOTICES TO: C01.1PANY OF OREGON Northwest Community Credit Union 800 K'ILLA`AE? - Sr., k500 3660 Gateway Street EULHNTc OR 57401 FOR RECORDERS USE ONLY OR 97477 DEED OF TRUST THIS DEED OF TRUST is dated December 11, 2014, among Hauck Summerview Investments, LLC, an Oregon limited liability company (•'Grantor'•); Northwest Community Credit Union, whose address is 3660 Gateway Street, Springfield, OR 97477 (referred to below soneBrries as "Especial and swretirrnes as "Beneficiary"); and Fidelity National Title Company of Oregon, whose address is 1433 SW 6th AVG, Portland, OR 97201 (referred to below as •Trustee••). CONVEYANCE AND GRANT. For valuable consideration, represented in the Nate dated December 11, 2014, In the anginal prirtlper atheist of s1,035,00lli from Grantor to Lender, Granter convoys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest In and to the following described real properly, together with all existing or subsequently erected or affixed buildings, improvements iii fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (Including stock in utilities with ditch or irrigation rights); and all other rights. royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters. (the "Reel Property) located in Lane CGMMy, State of Oregon: See Exhibit A The Real Property or its address is commonly known as 207, 209, 215, 223, 225 & 227 Q Street, Springfield, OR 97477. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantors right, title, and interest in and to all present and future leases of the Property and all Renis iron the Property, In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE, Except as otherwise provided in this Deed of Treat, Grantor shell pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantors obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following previsions- Possession and Use. Unlit 1 the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Properly (2) use, operate or menage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195,301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL. AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195,305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Duty to Maintain. Grantor shall maintain fie Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantors ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor hes no knowledge of, or reason to believe / yi43 `frY ��3 DEED OF TRUST Loan No: 5305550043 (Continued) Page 2 that there has bean, except as previously discdcol to and acknowledged by Lander in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatenetl release of any Hazardous Subslence on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such maners; and (3) Except as previously direct d to and acknowledged by Lander in writing, (a) neither Grantor nor any tenant contractor, agent or other authorized user of the Property shall use, generate, manufacture, stare, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable natural, state, and local laws, regulations and ordinambes, including without limitation all Envircnmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantees expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Dead of Trust. Any inspections or tests made by Lender shall be for Lenders purposes only and shall not be construed to create any responsibility or liability an the part of Lentler to Grantor or to any other person. The representations and warranties contained herein are based on Grantees due diligence In investigating the Property, for Hazardous Substances. Grantor hereby (1) Miasmas and waives any future claims against Lender fur indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all Maims, lasses, liabilities, damages. penalties. and expenses which Lentler may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a corssequerl of any use. generation, manufacture, storage, disposal, release or threatened release becoming prior to Grantors ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyacee of the lien of this Deed of Trust and shall not be affected by Lenders acquisition of any interest in the Property, whether by foreclosure ar otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other perry the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lenders prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lenders prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lenders Right to Ender. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender. interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lenders sale opinion, Lenders interests in the Property are not jeopardized. Lander may require Grantor to post adequate security or a surely bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shell do all other acts. In addition to these acts set forth above in this section, which from the character and use of the Property aro reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT SY LENDER. Lender may, at Lenders option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender'S prior written consent of all or any part of the Real Property, or any interest in the Real Property. A'sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property: whether legal, beneficial or equitable', whether voluntary or involuntary) whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-aplien contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Oregon law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Properly are part of this Deed of Trusf. Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes. special taxes, assessments, charges (including water and sewer). fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Propend. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Dead of Trust. Right to Contest. Grantor may withhold payment of any lax, assessment, or Maim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized If a lien arises or is filed as a result of nonpayment, Grantor shell within fiffeen (15) days after the lien arises or, if a Ilan is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender rash or a sufficient corporate surety band or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lander as an additional oteligce under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shell authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Properly. Notice of Construction. Grantor shall notify Lender at legal fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien. or other lien could be asserted on DEED OF TRUST Loan No: 5305550043 (Continued) Page account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lander that Grantor can and will pay this cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pad of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of lire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause. and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business Interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or cediticates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be Impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of fine loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lenders security is impaired, Lender may, at Lenders election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, at the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lander shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable best of repair or restoration if Grantor is not in default under this Deed of Trost. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Dead of Trust, then to pay accrued interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness, If Lender holds any proceeds after payment In full of the Intlebledness, such proceeds shall be paid to Grantor as Grantors interests may appear. Grantors Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of Insurance showing: (1) the name of the insurer, (2) the risks insured, (3) the amount of the policy; (4) the property Insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration data of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders interest in the Property or If (ranter fails to comply with any provision of this Dead of Trust or any Related Documents, including but not limited to Grantors failure to discharge or pay when due any amounts Grantor Is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantors behalf may, (but shall not be obligated to) take any action that Lender tlearra aWropnate, including Wt not Northern to discharging or paying all taxes, liens, security interests, encumbrance; and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the data of repayment by Grantor. All such etrperres will bernnre a pad of the IMebledress and, at Lenders option, will (A) be payable on derrond; (e) b, added to the Valance of the Note and be apportioned among and be payable with any installment payments to become due during ether (1) the term of any applicable insurance' policy; or (2) the remaining term of the Note', or (C) be named as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property aro a pad of this Deed of Trust; Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and dear of all liens and encumbrances other than those set forth in the Real Property description or in any this insurance policy, title report, or final tills opinion issued in favor of, and accepted by, Lender in connection with this Dead of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantors title or the Interest of Trustee or Lender under this Decd of Trust, Grantor shall defend the action at Grantors expense. Grantor may be the nominal parry In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Landers own choice, and Grantor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorilies. Survival of Representations and Warranties. All representations, warranties, and agreements matte by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trost, shall be continuing in nature, and shall remain in full force and effect until such time as Grantors Indebtedness shall be pad in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a pad of this Dead of Treat: Proceedings. If any proceeding in condarmallon Is filed, Grantor shall promptly notify Lender In writing, and Grantor shall promptly take arch steps as Trey be necessary to defend the action me obtain the award, Grantor may be the nxxrinel party in such DEED OF TRUST Loan No: 5305550043 (Continued) Page 4 proceeding, but Lander shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit each participation Application of Net Proceeds. If all or any part of the Property is co dermad by eminent domain proceedings or by arty proceeding or purchase in lieu of condemnation, larder may at its election require that all or any portion of the net premeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceed of the award all Tran the award alter payment of all reasonable dusts, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemaalion. IMPOSITION OF TAXES, Fff5 AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following Provisions relating to governmental taxes, fees and charges are a pan of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continua Lenders lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Dead of Trust, Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trost; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Dead of Trust chargeable against the Lender or the holder of the Nate; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Grantor. Subsequent Taxes. If any lax to which this sedan applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, aid Leader may exercise arty a all of its available remedies for an Event of Default as provided below ursexs Grantor either (1) pays the tax before it bedurade delinquent, or (2) contests the tax as provided above in the Taxes acl Liens section and deposits with Lender cash or a sufficient corporate surety head or eiher security, satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Dead of Trust as a security agreement are a pan of this Deed of Trust: Security Agreement. This Instrument shall comlitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the nights of a secured party under the Uniform Commercial Gude as amended tram time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Dead of Trost in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expanses Incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lander within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing address,. of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be assured (each as required by the Uniform Commercial Code) are as stated on the first page of this Dead of Trust. FURTHER ASSURANCES; AT70RNEY-IN-FACT. The following provisions relating to further assurances and attomay-in-fact are a part of this Deed of Trusl: Further Assurances. At any time, and from time to time, upon request of larder. Grader, will make, exeade and deliver, or will mace to be made, exerted a delivered, to Lader or to Lenders designee, and when requested by Larder, cause to be filed, recorded, refiled, cr rerecorded, as the case may W, at such times aid in such ohms antl places as Lerner may, dean appropriate, any and all such mxxigages, deers of trust, social deeds, security agiearens, firancing statements, corNnuation statements, Instruments of further assaaxu, mnificales, and titer documerds we may, in the side opinion of Larder, be necessary or desirable in ager to effectuate. c"em, perfect, construe, a preserve (1) Grantors onagaions undo the Note, this Deed of Trust, ad the Related Documents, ant (2) the Items and security, interests createtl by this Deal of Trust as first end para liens on the Property, W -611i now vaned or hereafter accused by Grants. L"rss prohibited by law or Lerch sgmom to the contrary in writing, Grantor stall minibuses Lada for all cents and exlaaees incurred In connection with the matters referred to in this paragraph. Attomey-In-Fact. If Grantor falls to do any of the things refereed to in the preceding paragraph, Lender may do se for and in the name of Grantor add at Grantors expense. Fa such purposes, Grantor hereby Irrevocably appoints Larder as Grantor's asomey4i -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be rarsssary or desirable, in Leaders sole opinion, to accomplish the matters referred to in the premdiag paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Greater under this Deal of Trust, Lends shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of lenninaton of any financing statement on file evidencing Leadefs security Interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust. Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Detia lls. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obllgalion, covenant or condition contained In any other agreement between Lender and Grantor. DEED OF TRUST Loan No: 5305550043 (Continued) Page 5 Compliance Default. Failure to comply with any other term, obligation. covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the tlme required by this Deed of Trust to make any payment fur taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. False Statements. Any warranty, representation or statement anode or furnished to Lender by Grantor or on Grantees behalf under this Deed of Treat or the Related Documents is false or misleading in any material respect, either new or at the time trade or furnished or becomes false or misleading at airy time thereafter. Detective Cdlaboallzation. This Deed of Trust or any of the Related Documents ceases to be in lull farce and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason, Death or Insolvency. The dissolution of Grantors (regardless of whether election to continue is made), any member withdraws from the limited liability company. or any other termination of Grantors existence as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantors property, any assignment for the benefit at creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy, or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by )utliciel proculding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property secunng the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion. as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any a mannerat concerning arty indebtedness or other obligation of Grantor to Lender, whether existing now or later, Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guaravor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A rrWenal actuates, chage occurs in Grantors financial cardinal or Lender believes the prospect of payment Of perfamence of the Indebtedness is impaired. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occure under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or im r s of the following rights and remedies. Electlon of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an eleGion to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantees failure to perform, shall not affect Lenders night to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Peal Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable Is. If this Dead of Trust is foreclosed by judicial foreclosure, Lender will he settled to a judgment which will provide that If the foreclosure sale proceeds are Insufficient to satisfy the judgment, execution may issue for the amount of the unpaid balance of the judgment. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Renta. Lander shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lenders costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lentler. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's eaomey-in-fact to endorse Instruments received in payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender In response to Lenders demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through is receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any pan of the Properly, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount, Employment by Lender shall not disqualify a person from serving as a receiver, Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lentler otherwise bacnreas entitled to possession of the Property upon default of GreMor, Grantor shall becourns a tenant at sufferance of Lander or the purchaser of the Property and shall, at Lenders option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the tlerrerd of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided In this David of Trust or the Note or available at law or in equity. DEED OF TRUST Loan No: 5305550043 (Continued) Page Netice of Sale. Leader shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property Is to be made. Reasonable notice shall mean notice given at least fifteen If 5) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exerdsing Its rights and remedies, the Trustee or Lender shall be tree to sell all or any partof the Property together or separately, in one sale or by separate sales, Lender shall be anlitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. 11 LaMar Institutes any suit a detrain to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudgered amine as attomays' fees at tial and upon any appeal. Whether or not any court action is Involved, and to the extent not prohibited by law, all reasonable expenses Larder incurs that in Lendele opinion are necessary at any Once for the protection of its interest or the enforcement of its rights shall reactions a part of the Indabledness payable on demand and shell bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without limitation, however subject to any limits under applicable law, Loca is attorneys' fees and Lea is legal etwanses, whether a not there Is a lawsuit, inaluding attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic May a injunction), appeals, and any anticipated posludgment celleclion services, the wet of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, std appraisal fees, title Insurance, and teas for line Trustee, to this M permitted by erdeperby applicable law. Grantor also will pay any court wets, In sell to all other suns providetl by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this Section. POWERS AND OBLIGATIONS OF TRUSTEE. The fallowing provisions relating to the powers and obligations of Trustee are paid of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the fallowing actions with respect to the Property upon the written request al Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b)join In granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement effecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall nM be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet ell qualifications required for Trustee under applicable law- In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. S....sear Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Dead of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Lane County, State of Oregon. The instrument shall contain, in addition to all other matters required by stale law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Dead of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any ndice of default antl any notice of Sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefecsimile (unless otherwise required by low), when deposited with a nationally recognized overnight dourer. or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addreseas shown near the beginning of this Dead of Trust. All copies of notices of foreclosure [ram the holder of any lien which has priority over this Deed of Trust shall be sent to Lenders address, as shown new the beginning of this Deed of Trust. Any party may change Its Sol for notices Under this Deed of Trust by giving formal written ndice to the other parties, specifying that the purpose of the notice is to change the party's address. For trance purposes, Grantor agrees to keep Lender Informed at all limes of Grantees cumene address. Unless otherwise provided or required by law, if there Is more than one Grantor, any native given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Dead of Trust shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Properly, is used for purposes other than Grantor's nesidence, Grantor shall furnish to Larder, upon request, a certified statement of net operadi g income received from the rt Property during Grantors previous fiscal year in such forth and detail as Lances, shall require. "Net operating income' shall mean all cash receipts from the Properly less all rush expenditures made in connection with the operative of the Property. Caption Headings. Caption headings in this Deed of Treat are for convenience purposes only and are not to be used to interpret or define the provisions of this Dead of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Dead of Trust will be governed by federal law applicable to Lender and. to the aslant not preempted by federal law, the laws of the State of Oregon without regard to Its conflicts of law provisions. This Dead of Trust has been accepted by DEED OF TRUST Loan No: 5305550043 (Continued) Pagel Lender In the State of Oregon. Choice of Venue. If there is u lawsuit. Grantor agrees upon Lenders request to subrtrl to the jurisdiction of the courts of Lane County, State of Oregon. No Walver by Under. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a pmvIsIOn of this Dead of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Granter's obligations as to any future transacliens. Whenever the consent al Lender Is required under this Deed of Trust, the granting of such consent by Under in any instance shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be granted or withheld In the sole discretion of Lender. Severability. its court of mmpefentjurisdiction finds any provision of this Dead of Trust to be illegal, invalid, or unterforoeable as to any circumstance, that finding shall not intake the offerding provision illegal, Invalid, or unenforcealte as to any other dmumstance, If feasible, the offending provsion shell be considered modified an that It becomes legal, valid and enforceable. If the chancing provision cannot be so modified, it shall he considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, vall or anforceabilRy of any other provision of this Deed of Trust. Suswssors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other then Grantor, Lentler, without notice to Grantor, may deal with Grantors successors with reference to this Dead of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Walver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon as to all Indebtedness secured by this Deed of Trust Commercial Dead of Trust. Granter agrees with Lender that this Deed of Trust is a commercial dead of trust and that Grantor will not change the use of the Property without Lenders prior written consent. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unleas specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise darned in this Dead of Trust shell have the meanings anributed to such terms in the Uniform Commercial Code'. Beneficiary. The word "Beneficiary" means Northwest Community Credit Union, and its successors and assigns. Borrower. The word "Borrower means Hauck Summerview Investments. LLC and includes all co-signers and co -makers signing the Note and all their successors and assigns. Dead of Trust. The words "Deed of Trust" can this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word'Default" means the Default set forth in this Deed of Trust in the section titled "Default'. Environmental Laws. The wards "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.G. Section 9601, at seq. ("CERCLA'), the Superhard Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA') the Hazardous Materiels Transportation Act, 49 U.S.C. Section 1801, at sea_ the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq.. or other applicable state or federal laws, rules, or regulations adopted pursuant thereto or intended to protect human health or the environment. Event of Default. The words "Event of Default' mean any of the events of default set forth in this Deed of Trust in the events of default section of this Dead of Trust. Grantor. The word "Grantor' means Hauck Summerview Investments, LLC. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation parry of any or all of the Indebtedness. Guaranty. The word "Guaranty' means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or pad of the Note. Hazardous Substances. The wards "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, heated, stored, disposed of, generated, manufactured, transported or otherwise handled The words 'Hazardous Substances' are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also Includes, without limitation, petroleum, including crude oil and any fraction thereof and asbestos. Improvements. Thu word 'Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions oL modifications of, consalldatlons of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this DEED OF TRUST Loan No: 5305550043 (Continued) Page 8 Dead of Trust. Lender. The word'Leri means Northwest Community Credit Union, its successors and assigns. Note. The ward "Note' means the promissory note dated December 11, 2014, In the original principal amount of $1,035,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of. refinancings of, consolidations of, and substitutions for the promissory note or agreement The maturity data of the Note Is December 15, 2024. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without Ilmilation all insurance proceeds and refunds of premiums) from any sale or other dispasltlon of the Property. Property. The word'Property" means collectively the Real Property and the Personal Property. Real Property. The Words 'Real Property" mean the real property, interests and rights. as further described In this Deed of Trust. Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rants. The word 'Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means Fidelity National Title Company of Oregon, whose address is 1433 SW 6th Ave, Portland OR 97201 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: HA UGK SUMMER EW I ST N , L By: Mar a c e r a F/'S�um�m�erv�iew�ylnvestments, LLC ity. ' L. Hauck, Me r of Xauck Summerview Investments, LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF y ) SS —11LCOUNTY OF lit r I / ) On this�D day of I 20 / before me, the undersigned Notary Public, Personally appeared Mark J. Hauck, Memb f Hauck burnmenriew, InvestneMa, LLC and Lots L. Hauck, Member of Hauck Summervlew Investments, LLC, and known to me to be members or designated agents of the limited liability company [hat executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary out and deed of the limited liability company, by authority of statute, its articles of organize' or its operating agreement, for the uses and purposes therein mentioned, and on oath staled that they are authorized to axe e is Deed of Tru tl' ad executed the Deed of Trust on behalf ofes limynriled liability company By Residing el L OA r, � " Notary Public In and for the Stale f My commission expiring E 1-17 OFFICINL EEACYNTHA S NOTARYPUi COMMISSION NMY COMMISSION EXPIRES AUG17 EXHIBIT "A" Beginning at a 2 incl iron pipe located on the Southeast comer of the Jacob Halstead Donation Land Claim No. 47, Township 17 South. Range 3 West of the Willamette Meridian; thence South 89° 58' 45" West 784.83 feet along the South line of said Claim and the center line of "0" Street, in the City of Springfield, Oregon, to a railroad spike set on the Westerly line of the Edwin W. Powers Donation Land Claim No. 49; thence South 0" 21' 00" West 30.00 feet along the Westerly line of said Claim No. 49 to an iron pin set on the Southerly right of way line of said "0" Street; thence South 89` 58'45" West 470.00 feet along said right of way line to an iron pin set on the Westerly line of the city limits of Springfield, Oregon, and the True Point of Beginning; thence South 89" 58'45" West 260.0 feet continuing along said right of way I'm to a point marked by an iron pin; thence South D" 21' 00" West 247.91 feet to an imn pin set on the Northerly dght of way line of the E ugens-Springfield Highway; thence South 62" 30'24" East 183.32 feet along said right of way line to an iron pin marking an angle therein and being opposite to and 110.0 feet Northerly from Engineer's Center Line Station L2 201+00; thence South 86" 01' 13" East continuing along said r ghl of way line 68.23 feet to an iron pin set on the Westerly line of the city limits of Spdngfiekl, Oregon; thence North 0" 21'0(r East 276.65 feet to the True Point of Beginning, in Lane County, Oregon. EXCEPTING THEREFROM: Beginning at a 2 inch Iron pipe located on the Southeast comer of the Jacob Halstead Donation Land Claim No. 47, Township 17 South, Range 3 Wast of the Willamette Meridian; thence South 89" 56'45" West 784.83 feet along the South line of said Claim and the center line of "Q" Street, in the City of Springfield, Oregon, to a railroad spike set on the Westerly line of the Edwin W. Powers Donation Land Claim No. 49; thenceSouth 0" 21'00" West 30.00 feet along the Westerly line of said Claim No. 49 to an iron pin set on the Southerly right of way line of said "Q" Street thence South 89" 58' 45" W est 470.00 feet along said right of way line to an iron pin set on the Westerly line of the city limits of Springfield, Oregon, and the True Point of Beginning; thence South 89" 58' 45" West 2.0 fee; thence South OD' 21'00- West 269.96 feet to a point on the Northerly right of way line of the Eugene -Springfield Highway; thence Northeasterly along the are of a 4664.65 foot radius curve left (the chord of which bears North 87" 41' 52" East 2.0 feet) a distance of 2.0 feet to a point that bears South 00" 21' 00" West of the True Pant of Beginning; thence North DO' 21'00" East 267.19 feet to the True Point of Beginning, in Lane County, Oregon. ALSO EXCEPTING THEREFROM that portion conveyed to the State of Oregon, by and through its State Highway Commission, by deed recorded May 7, 1983, Reception No. 9495, Lane County, Oregon, Deed Records. ALSO EXCEPTING THEREFROM that portion conveyed to the City of Springfield, for public road, by deed recorded November 23, 1979, Real 1038, Reception No. 7969793, Lane County, Oregon Deed Records.