HomeMy WebLinkAboutApplication APPLICANT 3/26/2021,City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
SPRINGFIELD
�j�
ApplicationType (Applicant.,
Partition Plat Pre -Submittal: ❑ Subdivision Plat Pre -Submittal: X❑
Partition Plat Submittal: ❑ Subdivision Plat Submittal: ❑
Applicant Name: Bruce Wiechert
Phone: 541-686-9458
Company: Bruce Wiechert Custom Homes, Inc.
Fax:
Address: 3073 Skyview Ln., Eugene, OR 97405
Applicant's Re.:AnthonyJ.Favreau
Phone: 541-683-7048
Com an :The Favreau Group, LLC
Fax:
Address: 3750 Norwich Ave., Eugene, OR 97408
Prop rty Owner: Same as applicant
Phone:
Company:
Fax:
Address:
ASSESSOR'S MAP NO: 17-02-28-34
TAX LOT NOS :500 & 600
Property Address: 5315 & 5335 High Banks Road
Size of Property: 3.3
Acres. ® Square Feet ❑
Proposed Name of Subdivision: High Banks Estates
Description of 11 you are Filling in this form by hand, please attach your proposal description to this application.
Proposal: 20 -Lot residential Subdivision
Existing Use: Two homes and vacant field
Tentative Case #:
# of Lots/Parcels:
Av . Lot Parcel Size:
sf Densit : du/acre
natures: Please si n and nrint vour name and date in 1-hP arinronriate box on the next Qoe.
jilred Project Information (City Intake Staff. complete this section)
Associated Applications:
Pre -Sub Case No.:
Date:
Reviewed by:
Case No.:
Date:
Reviewed b :
A lication Fe,:
Technical Fee:
$
Posta a Fee: $0
TOTAL FEES: $
PROJECT NUMBER:
Revised 10.14.13 kl 1 of 6
Owner Signatures
This application form is used for both the required pre -submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process.
An application without the Owner's original signature will not be accepted.
The undersigned acknowledges that the information in this application is correct and
accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the
owner, the owner hereby grants permission for the applicant to act in his/her behalf.
I/we do hereby acknowledge that I/we are legally responsible for all statutory
timelines, information, requests and requirements conveyed to my representative.
Owner:
� a (�/ Date• 3-26--21
Signatti e
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as
submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a
complete application.
Date:
Signature
Revised 10.14.13 kl 2 of 6
Title No.: 1581158
To: The City of Springfield, Oregon
DURABLE SPECIFIC POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that 1, BRUCE WIECHERT, PRESIDENT OF BRUCE
WIECHERT CUSTOM HOMES, INC., nominate, constitute and appoint DERRICK WESTOVER my
Me and lawful attomey-in-fact, for me and in my time, place and stead to execute or do all or any of the
following acts, including but not limited to sign and submit applications, plans and plats, execute swear or
off= all documents, deeds, plans, instruments and declarations for the purpose of obtaining or securing or
renewing any planning permissions, building plan approval, annexation agreements, zoning and any other
licenses, approval and permits for the property legally described as:
HIGH BANK ESTATES, SPRINGFIELD,OREGON
Furthermore, I grant to my attomey-in-fact full power of substitution and revocation, hereby ratifying and
confirming all that my said attorney or my said attorney's substitute or substitutes shall lawfully do or
cause to be done by virtue of these presents. This power of attorney is durable and the powers herein
granted shall survive and not be affected by the disability or incapacity of the undersigned principal.
Dated: 10a1
BRUCE VVIECHERT, PRESIDENT OF
BRUCE WIECHERT CUSTOM HOMES,
INC.
State of Oregon
}ss.
County of Lane IMS 1
Personally appeared before me thiyt&, day of V � IzIrA .. Z;lb 071
the above named BRUCE WIECHERT, PRESIDENT OF BRUCE WIECHERT CUSTOM HOMES,
INC.
And acknowledged the foregoing instrument to be his/her voluntary act.
B
OFPI(,Ygl. STAMP
NO. 969594
7Cf
ARAH MICHELLE PETERSON
N F Y PUBUO-OREGON Notary Public for Oregon
OMMISSIOBIXPIR� ESDECEMU U20,2021 Y p
M commission ax fires
AFTER RFCOROINO, RETURN TO:
811 Willamette Street ♦ Eugene, Oregon 97401
phone: (541) 687-2233 ♦ fax: (541) 485-0307 ♦ email: info@caseadetitle.com
MF`,A OE
CO.E PRELIMINARY TITLE REPORT
CASCADE ESCROW November, 24, 2020
ATTN: SARAH PETERSON ReporL No: 0323873
4750 VILLAGE PLAZA LOOP, SPITE 100 Your No: VP20-2200
EUGENE, OR 97401 Seller: WILLIAMS
Buyer: BRUCE WIECHERT CUSTOM HOMES, INC.
PRELIMINARY REPORT FOB:
Owner's Standard Policy $'.1000,000.00
PREMIUMS:
Owner's Standard Premium $1,57,.00
Gov. Lien/-nspect Fee $35.05
We are prepared to issue 2006 (6/17/06) ALTA title insurance eolicy(ies) of OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY, in the usual form insurinq the title to the land described
ae fol -oxa:
Vestee:
( A T T A C K E D)
STEVE WILLIAMS AND MARY L. WILLIAMS,
not as tenants in common, but with rights of survivorship,
as to Parcel 1
and
STEPHEN H. WILLIAMS,
as to Parcel 2
Estate: EEE SIMILE
DATED AS CF: NOVEMBER '_2, 2020 at 8:00 A.M.
Schedule B of the poli ey(i es) =o be issued will contain thefollowing genera- and special
exceptions unless removed prior to issuance:
GENERAL EXCEPTIONS (Standard Coverage Po3.icy Exceptions):
_. Taxes or assessments which are no-. shown as existirg liers by the records of any taxing
authority that levies taxes or assessnaeats on rea-property c- by the Public Records;
proceedings by a purl acency which may result in taxes or assessmcnts, or notices
of such proceedings, whether or not shown by the records of such agency or 'cy the Public
Records.
No liability is assumed hereunder until policy has been issued andjull policy premium has been paid.
MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE
811 WILLAMETTE ST 715 HWY 101 n FLORENCE, OREGON 97439 4950 VILLAGE PLAZA LOOP SUITE 100
EUGENE, OREGON 99401 MAILING: PO BOX 508` FLORENCE. ORDGON 97439 EUGENE, OREGON 97401
PH: (541)687 -2233 -FAX: (541)485-0307 PH: (541)997-S417'FAX: (541)997-8246 PH: (541)653-8622^FAX: (541)8441626
Order No. 0323873
Pago 2
2. Facts, rights, interests or clairs which are not shown by the Public Records but which
could be ascertained by an inspection of the Land or by making inquiry of pe -sons i-
possession thereof.
3. Easements, or claims of easement, net shown by the Public Records; reserva Lions or
exceptions in paterts or in AcLs acthorizi::g the issuance. _hereof; mater nigh -s, claims
or title to water.
4. Any eneroachmert, encumbrance, violation, variation, or adverse eireums Lance
affecting Lhe 'Title that would be disclosed by an accurate and complete land survey
of the Land.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
cempensa=ion heretofore or hereafter furnished, imposed by law and not shown by -he
Public Records.
SPECIAL EXCEPTIONS:
6. Taxes, account No. 0112779, Assessor's
2020-2021, in the amount of $4,110.98,
Taxes, Account No. 0112787, Assessor's
2018-2019, a balance due of $137.74.
2019-2020, in the amount of $4,242.43;
2020-2021, in the am.ount of $4,3/3.95,
Map No. 17 02 28 3 4, 9500, Code 19-00,
DLE PLUS INTEREST.
Nap No. 17 02 28 3 4, 9600, Code 19 -CO,
(Tax was
ALL DOE PLOS TNTEREST.
7. R ghts of the public -n and -o that portion lying within streets, roads and highways.
8. Subject to lateral water citet, as disclosed in Warranty Deed, includ-ng t§e terns
and provisions thereof, between L. C. Pope, and Jane Henderson and Gladys Hendereon,
recorded October 10, 1945, Reception Na. B299 P250, Lane County Oregon Cecd Records.
(Parcel 1)
9. Deck of Trust, including Lhe Lenns and prov_sions thereof, executed by Stephen H.
Williams, Grantor, to Robert A. Brothel, Attoxncy At Law, Trustee, for Lhe benefit
of Anthony J. Favreau and Cyn_hia L. _avreau, Trustees o= the Favreal) Family Trust
- 199C, Reneficiary, dated July 17, 2C18, recorded July 18, 2018, Reception No.
2018-033298, Lane County Deeds and Records, to secure payment of a note in the amount
of $210,000.00. (Parcel 2)
Notice of Default and Election -o Sell, including the terms and prov'Lions
thereof, recorded May 5, 2020, Recep_ion No. 2020-022079, Lane County Deeds and
Records.
10. Suit in .re Circuit Conrt of the Sta=e of Oregon for the County o£ Lane, Case No.
19 -CV -44575, filed October 10, 2019, entitled Patricia Wilson and Ston D. W -then,
Plaintiff, vs. Steve W111iams Homes, LLC and S=ever H. Williams, Defendant, now
pending. 'the Attorney is John Franc- and Leerge L. Derr. (Parcel 2)
NOTE: A search of the records does not disclose a Notice of Pendency of an Action having
been recorded in Lane County Deeds and Records pu-suanL to ORS 93.740.
1"-. Judgment in the Circuit CourL for Lane County, Oregon, against Stephen Harvey Wi l l i ams,
in favor of Mary Amelia Breen, docketed October 29, 202C, Case No. 20 -SC -15122, in
the amount of $2,648.50 nonetary award, plus interest, costs, and fees.
12. A complete search of the judgment records covering the names of STEPHEN H. WILLLAMS
AND MARY L. WILLIAMS, is not possible as there are judgments of record against persons
of similar name(s).
Order No. 0323873
Page 3
NOTE: The property address as shown on the Assesaor's Roll is:
5335 & 5315 High Banks Road
Springfield, OR 97478
NO—, As of the date hereof, there are no natters against BRJCE wIECHERT CUSTOY HOMES,
INC., AN OREGON CORPORATION, which would appear as exceptions in the policy to issue, except
as shown herein.
NOTE: The premium amount has been reduced by application of a re-ssce race.
This report is preliminary '_o the issuance of a policy of title insurance s -d shall become
null and void utless a policy is issaed and the full p-emium paid.
Cascade Title Co.
sa/aa: Title Officer: KURT BEATY
Order No. 0323873
Page 4
PROPERTY DESCRIPTION
PARCEL 1:
Beginning at the point of intersection of the South line of County Road No. 440 with the
Weerine of the Jesse M. Mann Donation Land Claim 74, Township -7 South, Range 2 best of
the Willemet Le Meridian, said point being 3652.24 feet North 00 10' West of the Southwest
corner of said Donation Land Claim Number 74; running thence South 82° 45' East along the
South line of said road 215.73 feet; thence South V 10' East 333.4 feet; thence West 214
feet; thence North C° 10' West 360.34 feet to the place of beginning in Lane County, Oregon.
PARCEL 2:
Beginning at a point in -he center line of County Road, No-th 89° 10' West 190.1 feet from
the intersection of said center line of said County Road with the East fine of the Herod
Johnson Dona -ion Land Clair No. 62, Notification No. 7481 in Township 17 South, range 2
West of the Willamette Meridian; and running thence South parallelwitt said East line 477
feet; thence East 190.1 feet; thence Nort 478 feet; thence West 190.1 feet to Lie point
of beginning, in Lane County, Oregon.
EXCEPT THEREFROM property conveyed to Orval J. Mr Pherson. and Betty J. McPherson,
husband and wife recorded June 27, 1962, RecepLion No. 74390, Lane County Oregon Deed
Records, in mane County, Oregon.
ALSO EXCEPTINC- THEREFROM property conveyed =o Michael McPherson and Rev'_n James
McPhersonrecorded August 16, 1984, Recep'_icn No. 8433281, Lane County Official
Records, in Lane County, Orego,
ALSO EXCEPTTNC THEREFROM any po-cion -ying within the boundaries of County Road No.
440, in Lane County, Oregon.
CASCADE TITLE CO.
MAP NO.
17-02-28-34
ROFD
...... NO. 449. --.---._.-- HIGH BANKS ROAD
-------------
116D
---- 1100
.v D1zat. 803 Dt02 600 601
1000 0.3DAC iAQQ 6b2 PCL2 1 psi- 163 AC CIIAC 1 10 AC
i5 AC 3 .14AC = 0.3faC -
02 200
mAC
AC
12170200 s
o . ; 300
`t 1596 015 AC
4 V9AC _PCl3
I
k `1300 V4Y• 3800
f` - 9.4C5B3'-
9.12 AC. 7 �'
UYb AC r $n 1 .3P•68•0l40.. r304
11 BOO i
zA
S
- 1a •! - 9+; ac
M 12 4000
__n-" ----- 13
`b'Js2 2
00a 1yi �.. 3560 406
U TRAC1C D.2AC
F
OIIAG2r _I uq '. 3400 -
't(/1 !G QAC
14 z3oo
llii �F
1 D, AC
3300 39W
15 2400' D'1 aC 1tW is
n't AC APPROX.
'1s 2500.
J[y- 9.11AC '
2J00 2800 2900 3000E131",
Ot8AC D.12AC -p 12AC Jpt2A^ 2a
TIIIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN
RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY
OF TIIE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY
MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES,
LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON.
OnbrSa „, ..._ ._.,__..._,.,.. _...-__.-.
eA 299 Pa2%r3Q
Warranty Deed
THIS ISPg\'fl'R}; WIT%ESSETH: That L, C, Pape . a slagle scot
the -.coma' Jul end u ,rr.ht rntum of the anm of Tea fe11aH { 410.00) DOLLARS
1. his Paul. 'Fres hereby. Fisons, tell and rwvrr to Jab Readechos
and Gladys Henderson ,husband and safe
the Stainers ,
dei foll.rrciny devrihed premiwx, tawil:
Begimaing at the point of Leteneotiw of tba south
line of Ccwty Rued No, 440 with the wet line of the Jesse R, Rum
Dmetian Lead clean So. 74. totembip 17 south Reage2 Vest of lfillac tte
Meridian, said pout being 3652.Vt feotHorth a• lot east or the toutb "t aorftr
It
held Dwation Land Clain No. 74, running thanes asath On lot oast 36o.34 -rat
t race sant SII 426 feet, thence north do lot Cast 306.5 rest to the scotch lift of
road Roo 440, Choose alovg the south line of said road ftrth Be 45t met
431.45 feet to the place of bagieniag. in Lane Cotmty, Oregon.
®ublect to lateral inter ditch for adjolitling
properties come the Cast end of above dc&oriptlon.
TO IMVE AND TO HOLD the acid ptentiaa, with their appertrnenrea, nut* the laid Outcome
%holt heire and nutigan I..
,\ad l hp wid O..let dr. hereby eovmm�t to etSl wyth the wad Orenteee
.,. dx and :awipna that he, Se throe-:ar In fineimple of said Pr®tfiaeaf and Nat
d,,- me fr., fr.nn all Innnuhrunea
eml that he will warrant end defend the came from tall Ieafal elaimt whateeerer
IN WIT\E." WHEREOF, be hes Intranet. art /his lend and sal Nin
8th dap of Ovtoher .,i7 'POW }7t5
In he neaenm of O� ! .........(seed
....... _..... . _ .. ....Isw.f
.... . _.... ...... _.. ...... ._.le+rd
._.
---A 7
STATE OP Olt NtIO\'
I,n�-ry ov Lme fM.
I<. it nnnemlrrvrl Thal an thk M. day of Op/ghy 3M5
L•wnlnlly eanm hrfnn me. n SmalT Pallia in and roraeid county, the n9thin Ilamsl
L. C. I Vff
I,- na• prr nilly km,nv m 6 the id.nd,d yemn
J, a nl bd in nd .ho..... ..uA Ihr xithin
mn rnmenr and wknnx9nLnH m mn d,., ha
l,mnl Ihr atom frenlY amt eninntadly for
If„' ml Varlawa tln,reLn namad.
R inns my had nn.1 awl llda Jac am Y-, Iaxt nhn-
xriteeu.
>I, r„mna..lnn eal.ilo' 7`
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s,.alrr na,ur rar or.aall.
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q h:
Jigt a -e
Lane County Clerk 2018-033298
Lane County Deeds & Records
07/18/2018 09:22:50 AM
RPR -DTR Cnt-1 Stn -41 CASHIER 048pages
$40.00 $11.00 $10.00 $61.00 $122.00
EVERGREEN LAND TITLE C06
1570 MOHAWK BLVD.
SPRINGFIELD, OR 97477 `
Document:
Trust Dead
Grantor:
Stephen H. Williams
Beneficiary:
Favreau Family Trust -1990
Trustee:
Robert A. SmeJRal, Attorney At Law
After recording, planes return to Favmau Family Trust -1990
in care of AIC at 380 Q Street, Suite 240, Springfield, OR 97477.
TRUST DEED —3551L
This trust deed is made as of Julyj2, 2018, between Stephen H. Williams, as Grantor, Robert A
Smalkel, AtLomay, At Law, as Trustee, and Anthony J. Favreau and Cynthia L. Faweau, Trustees of
the Fawsau Family Trust -1990, as Beneficiary.
WRnessed:
Grantor irrevocably grants, bargains, sells and conveys to Trustee in busy with power of sale, the
property in Lane County, Oregon, described as shown in Exhibit "A; attached hereto art by this
reference made a part hereof (the "property'), together with any and all mineral rights, oil and gas
rights, air rights, water fights, water service contract rights, drainage rights, zoning rights, and other
or both, and any of their proceeds, and all tenements, hereditaments, and appurtenances in any
manner belonging, relating, or appertaining to the property and the rents, issues and profits thereof
and all fixtures now or herreRer attached to or hereafter used In connection with the properly. For the
purpose of securing performance of each apartment of Grantor herein contained and paymem of the
sum of hvo hundred tan arouaand and no/100 dollars ($210,GW W), with interest thereon according
to the terms of a promissory note executed on or about the dale hereof, payable to Beneficthry or
order and made by Grantor. the final payment of principal and interest hereof. If not sooner paid, to
be due and payable June 18, 2020. In the event there is no hand-written data of execution appearing
heroiriabove, the data the signature of the Grantor herein is it W wtedged by Notary hereinafter is
the data of execution of this document The dale 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
ewtnt the within4ascnbed property, or any part thereof, or any interest snerein is sold, agreed to be
sold, conveyed, assigned or alienated by the Grantor without first having obtained the written
consent or approval of the Benefidary, than, at the Benefidays option, all obligations secured by
this instrument, irrespective of the maturity dates expressed therein, or herein, shall become
Immediately due and payable.
To protect the security of this trust dead, Grantor agrees:
(1) 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 of said properly;
(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 therefor, No building or other improvement now or hereafter comprising the Property shall
be structurally atered, removed or demolished without the Bensficiays prior written consent, nor
shall any fixture or chattel covered by this Deed of Trust and adapted to the proper use and
enjoyment of the Properly be removed at any time without Bensficlays prior written consent, unless
actually replaced by an artids or equal suitability, value and legallly, owned by the Grantor, free and
dear of any Iden or security Interest except such as may be approved In writing in advance by
Beneficiary; (3) To comply with all laws, ordinances, regulations, covenants, conditions and
restrictions affecting said property; 'd the Beneficiary so requests, to join in executing such finandng
statements pursuant to the Uniform Commensal Code as the Beneficiary may require and to pay for
filing same in the proper public office or offices, as well as the cost of all Iden searches made by filing
officers or searching agencies as may be deemed deatrable by the Beneficiary, (4) To provide and
continuously maintain Insurance can the bulldogs row a hereafter erected on the said premises
against loss or damage by fire and such other hazards as the Beneficiary may from fime to time
require, in an amount riot less than the full insurable replacement value aF said improvements written
In companies acceptable to the Beneficiary, with loss payable to the beneficiary; all policies of
Insurance shall be delivered to the Benafiolary as soon as insured; If the Grantor shall fail for any
reason to procure any such Insurance and to deliver said policies to the Beneficiary at least fifteen
days prior to expiration of any policy of insurance now or hereafter placed on said improvements, the
Beneficiary may procure the same at Grantors expense. The amount collected under any fire or
other Insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in
such order as Beneficiary may determine, or at the option of the Beneficiary, the entire amount so
collected, or any part thereof, may be released to Grantor. Such application or release shall not cure
or walve any default or notice of default hereunder or invalidate any act done pursuant to such
notice; during the term until the promissory note has been paid in full, Grantor shall maintain public
liability and property damage insurance with Ilmits of not less than $150,000.00 for Injury to one
person and $250,000.00 to two or more persons in one occurrence, and in no case less than
$50,000.00 for damage to property; such insurance shall cover all risks arising direly or Indirectly
cut of Grantors activities on or any condition of the property, whether or not related to an occurrence
caused or contributed to by Benefidays alleged negligence; and shall protea Beneficiary and
Grantor against claims of third persons; such policy shall be written in such form, with such other
ferns and by such insurance companies reasonably acceptable to Beneficiary, Grantor shall deliver
to Beneficiary certificates of coverage from each insurer containing a stipulation that coverage will
not be canceled or diminished without a minimum of Wry days' written notice to Beneficiery, (5) To
keep said premisss free from construction liens and to pay all taxes, assessments and other changes
that may be levied or assessed upon or against said property before any part of Such taxes,
assessments and other charges becomes past due or delinquent or in any manner cause interest or
.penalties to be charged thereon and promptly deliver receipts therefor to Beneficiary; failure in
performance of the foregoing shall constitute a default hereunder and under the promissory note
secured hereby; should the Grantor fall to make payment of any taxes, assessments, Insurance
premiums, lima or other chargee payable by Grantor, either by direct payment or by providing
Beneficiary with funds with which to make such payment, Beneficiary may, at Its option, make
payment thereof, and the amount so pal, with interest at the rate set forth in the note secured
hereby, together with the obligations described in paragraphs six and seven of this bust deed,
without waiver or any rights arising from breach or any of the covenants hereof and for such
payments, with Interest as afommid, the property hereinbefore described, as well as the Grantor,
shall be bound to the some extent that they are bound for the payment of the obligation herein
described, and all such payments shall be Immediatey, due and payable without notice, and the
nonpayment tremor shell, at the option of the Beneficiary, render all sums secured by Ode trust deed
Immediately due and payable and constihne a breach of this trust deed; (8) To pay all costa, fees and
expenses of this trust including the met of title search, Including, but not limited to, a foreclosure
guarantee or If igation guarantee, as well as Mae other mats and expenses of the Trustee Incurred in
connection with or in enforcing this obligation and the Trustee's and attorneys fees actually incurred;
(Ba) To pay and perform any encumbrance superior in priority to this Trust Dead according to the
terms of said superior encumbrance; the Beneficiary hereunder shall have the right to at its option
advance funds to perform any act necessary to remedy any default with respect to a superior
encumbrance, adding any funds so advanced, together with reasonable casts incurred as a result of
any such default, to the balance due Beneficiary under the Promissory Nom and Trust Deed secured
hereby; (7) To appear in and defend any action or proceeding purporting to affect the security rights
or powers of Beneficiary or Trustee; and In any suit, action or proceeding in which the Beneficiary or
Trustee may appear, including any suit for the foreclosure of this trust dead, to pay all mots and
expenses, Including evidence of Mite, a foreclosure guarantee or a litigation guarantee, and the
Beneficiary's or Trustee's attorneys less; the amount of affomeys fees mentioned in this paragraph
seven in all mass shall be fixed by the trial court and in the event of an appeal from any judgment or
decree of the trial court, Grantor further agrees to pay such sum as the appellate mud shall adjudge
reasonable as the Beneficiary's or Trustee's attorneys Fees on such appeal. IT IS MUTUALLY
AGREED THAT: (8) In the event that any portion or all of said property shall be taken under the right
of eminent domain or condemnation, Beneficiary shell have the right, M M so elects, to require that all
or any portion of the monies payable as compensation for such taking, which are in excess of the
amount required to pay all reasonable costs, expenses and attorney's fees necessarily paid or
Incurred by Grantor in such proceedings, shall be paid to Beneficiary and applied first upon any
reasonable costs and expenses and attorneys fees, both in the trial and appellate courts, necessarily
paid a incurred by Beneficiary In such proceedings, and the balance applied upon the indebtedness
secured hereby; and Grantor agrees, at Its own expense, to lake such actions and execute such
Instruments as shall be necessary in obtaining such compensation, promptly upon Senetidays
request; (9) At any time and from time to time upon written request of Beneficiary, payment of its fees
and presentation of this deed and the note for endorsement (in the case of recomey rme s, for
mnmllation), without affecting the liability of any person for the payment of the indebtedness,
Trustee may (a) consent to the making of any map or plat of said property; (b) join in granting any
eaaement or oreeting any restidtlm themon; jc) join in any subordination or other agreement
affecting this deed or the lien or merge thereof; (d) recomey, without warranty, all or any pad of the
property. The grantee in any reconveyance may be described as the "Person or persons legally
entitled thamto; and to recitals therein of any matters or facts shall be conclusive proof of the
bulMulness thereof. Trustee's fees for any of the services mentioned in this paragraph shall be not
less than five dollars; (10a) Grantor does hereby unconditionally and absolutely assign, transfer and
W owe, unto Beneficiary as further security for the indebtedness and covenants semmd hereby, all
rentals and deposits which may be received or contracted for under any existing or future lasses of
the property, encumbered hereby or any portion thereof, including If applicable and without limitation,
rental agreements for mobile home and trailer sites, all of the Grantor's present and future interests
In said existing future leases, and all of its right, interest and title in and to the plans, drawings,
specifications, permits, surveys, engineering reports and land planning maps, which is now has or
may hereafter acquire with regard to any Improvements now or to be constructed upon the Property,
and in the event of any default hereunder or under the promissory note this Dead of Trust secures,
Grantor shall deliver possession of same to the Beneficiary forthwith upon demand. In this event the
default of Grantor under the promissory note or any loan document, and If any lessee, sublessee or
assigns under any lease assigned under this paragraph tiles or has filed against it any petition in
bankruptcy or for reorganization or undertakes or Is subject to similar action, the Beneficiary shall
have and Is hereby assigned by the Grantor all of the rights which would otherwise mum to the
benefit of Enamor in sum proceeding, including, without limitation, the right to seek 'adequate
protection' of Its interests, to compel rejection of any such lease, and to seek such claims and
awards as may be sought or granted in connection with the rejection of any such Issues. Unless
otherwise agreed to by Beneficiary in writing, Beneficiary's exercise of any of the rights provided in
this paragraph shall preclude Grantor from the pursuit and bereft thereof without any further action
or proceeding of any nature. The rights granted in this paragraph shall be in addition to and not in
derogation of any similar or related rights granted Beneficiary in any separate assignment of losses
and rents; (10b) Beneficiary may require any tenant to make payments of its rent or fees directly to
Beneficiary or Benef¢iays agent, regardless of whether Beneficiary has taken possession of the
Property. If any rents are collected by Beneficiary, than Grantor irrevocably designates Beneficiary as
Grantor's atlomey-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 to Beneficiary In response
to Beneficiary's demand shall satisfy the obligation for which the payments are made, whether or not
any proper grounds for demand sedated. Beneficiary may exercise Has rights under this paragraph
either In pension, by agent or through a receiver, (1Oc) Grantor shell permit Beneficiary or Its agents
the opportunity to inspect the Property, Including the Interior of any structures comprising the
Properly, at all reasonable and lawful times. If required by applicable law, Grantor shall provide
notices; to tenants timely announcing such Interior inspectloce by Beneficiary or Beneficiary's agent
In addition, Grantor shall at its sole cost and expense provide to Beneficiary all Inspection reports,
studim and fasts elated to the Property as Beneficiary may resecnably request from time to time, all
in a form and scope reasonably satisfactory to Beneficiary; (10d) Upon Beneficiary's request,
Grantor shall tlefiver to Ber eflclary, within n'vrety (90) days after the snit of each of GmntDes flsral
years, and whin twenty (20) days after Beneficiary's request In the even of any default by Grantor,
reasonably detailed operafing statements and occupancy reports in form satisfactory to Beneficiary
covering the Property, both certified as correct by Grantor. If Beneficiary so requests, such
statements shall specify, in addition to other Information requested by Beneficiary. the rents and
profile received from the Properly, the disbursements made for such period and the name and
contact information of each tense and a summary of the terms of tis lease or renal agreement or
arrangement Grantor shall permit Beneficiary or its representative to examine all books and records
pertaining to the Property and shall deliver to Beneficiary all financial statements, credit reports and
other documents pertaining to the financial condition and obligations of Grantor or any anent and all
rental, Income and expense statements, audits and tax returns relating to the Properly; (1 Oe) Grantor
authorizes Beneficiary or its agents to at any time and for any reason ardor a consumer credit report
and obtain any other cmdlt-rested Information related to Grantor, Including without gmiation
payment histories related to past and current mortgage obligations; (11)The entering upon and
taking possession of said property, the collection of such nena, issues and profits, or the proceeds of
fire and other Insurance policies or compensation or awards for any aking or damage of the
property, and the application or release thereof as aforesaid, shag not cure or waive any default or
notice of default thereunder or invalidate any act done pursuant to such notice; (12) Upon default by
Grantor in payment of any Indebtedness secured hereby or in his performance of any agreement
hereunder, time being of the amen with respect to such payment andfor performance, the
Beneficiary may declare all sums secured hereby Immediately due and payable. In such an event the
Beneficiary at his election may proceed to foreclose this trust dead in equity as a mortgage or direct
the Trustee to foreclose this bust dead by advertisement and sale, or may direct the Trustee to
pursue any other right or remedy, either at law or in equity, which the Beneficiary may have. In the
event tha Beneficiary elect to foreclose by advertisement and sale, the Beneficiary or the Trustee
shall execute and cause to be recorded his written notice of default and his election to sell the Bald
described real property to satisfy the obligation secured hereby whereupon the Trustee shall fix the
time and pace of sale, give notice thereof as than required by law and proceed to foreclose this trust
dead in the manner provided in ORB 86.735 to 66.795; (13) After the Trustee has commenced
foreclosure by advertisement and sale, and at any fine prior to five days before the date the Trustee
conducts the sale, the Grantor or any other parson so privileged by ORS 86.753, may are the
default or defaults. fi the default consists of a failure to pay, when due, sums seWred by the trust
dead, the default may be cured by paying the entre amount due at the time of the cure other than
such portion as would not than be due had the default not occurred. Any other default that is capable
of being cured may be cured by tendering the pedormence required under the obligation or bust
dead. In any rase, In addition to curing the default or defaults, the person effecting the cure shall pay
to the Beneficiary all costs and expenses actually Incurred in enforcing the obligation of the trust
deed, Including costs of a foreclosure guarantee or lifigation guarantee, together with Tmslest and
attorney's fries not exceeding the amounts provided by law; (14) Otherwise, the sale shall be held on
the date and at the fine and place designated in the notice of 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 ore highest bidder for cash, payable
at the time of sale. Trustee shall deliver to the purchaser its deed in the forth as required by law
conveying the property so sold, but wltrod any covenant or warranty, express or implied. The
recitals In the deed of any matters of fact shell be conclusive proof of the truthfulness thereof. Any
person, excluding the Trustee, but including to Grantor and Beneficiary, 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 e"mes of sale, including the compensation of the Trustee and a
reasonable charge by Tmstse's attorney, (2) to the obligation secured by the trust deed, (3) to all
persons having recorded liens subsequent to the interest of the Trustee in the trust deed as their
-Interest may appear in the order of their priority and (4) the surplus, If any, to the Grantor or to his
successor In Interest entitled to such surplus; (10) Beneticlary may from time to time appoint a
successor or successors to any Trustee name 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 appdrdmant and substltution shall be made by written Instrument
executed by Beneficiary, which, when recorded In the mortgage records of the county or counties in
which the property is situated, shall be conclusive proof of proper appointment of the successor
Trustee; (17) Trustee accepts this trust dead when this deed. duty executed and acknowledged, Is
made a public record as provided by law. Trustee Is nut obligated to notify any party harem of
pending sale under any other deed of trust or of any action or proceeding In which Grantor,
Beneficiary or Trustee shall be a party unless such action or proceeding is brought by Trustee; (18)
Pursuant to ORB 79.0502, notice is hereby given that the Property includes all Umber thereon and
that this Trust Geed Is to be filed for record In the real property records; (19) Grantor shall not
harvest any Umber located on the Property without prior written notice to Beneficiary. In such event,
all net proceeds from the sale of logs shall be paid to Beneficiary. As used herein, net proceeds shell
mean logging revenue minus logging costs; (20) The Grantor warrants that the proceeds of the loan
represented by the above described Promissory Note and this Trust Deed em intended for business
or commercial purposes.
WARNING
Unless you provide us with evidence of the Insurance coverage as required by our contract or ban
agreement, we may purchase insurance at your expense to protect our interest. This insurance may,
but need not, also protect your Interest. If the collateral becomes damaged, the coverage we
purchase may not pay any claim you make or any Balm made against you. You may titer cancel this
coverage by providing evidence that you have obtained property coverage elsewhere .You are
responsible for the cost of any insurance purchased by us. The cost of this insurance may be added
to your contract or loan balance. If the cost is added to your contract or loan balance, the interest
rem on the underlying contract or loan will apply to this added amount The effective date of
coverage may be the data your prior coverage lapsed or the data you failed to provide proof of
coverage. The coverage we purchase may be considerably more expensive than insurance you can
obtain on your own and may not aUsy any need for property damage coverage a any mandatory
liability insurance requirements imposed by applicable law. The Grantor covenants and agrees to
and with the Bensficlary and those claiming under him, that he is lawfully seized in fee simple of said
described real property and has a valid, unencumbered title thereto and that he will warrant and
forever defend the same against all persons whomsoever; any default In any encumbrance superior
In priorly to this trust deed shall constihde a default hereunder. H the property pledged under this
trust deed Is the primary residents of the undersigned, you are not required to complete this
agreement and transaction merely because you have received this or other disclosures or
have signed a loan application; H you obtain this loan, the lender will have a tout deed
(mortgage) on your Mme; you could lose your home, and any money you put Into H, Nyou do
not meet your obligations under the ban. Also, this trust deed Is Imended to secure all future
loans or advances that may be made during the time this obligation Is outstanding, up to an
additional twenty percent of the original Uses amount stated herein and also any advances
meds In accordance with the covenants of this agreement to protect collateral. Any such
advances shall bear Interest from the data made and at the rates act forth in the promissory
note herelnabove referred to. Do not sign this loan agreement before you read It. H you are In
default the lender may refuse to accept repayment of this loan prior to the cleft provided for
repayment In this loan agreement.
The Granter warrents that the proceeds of the loan represented by the shove described note
and this trust deed are for an organization or, even H Grantor Is a natural person, are for
business or eemm molal purposes of the undersigned. This bust deed applies to. Inures to
the bonefl of and binds all parties hereto, their helm, legatees, devisees, administrators,
executes, peramul representatives, successors and assigns.
DIRECTION TO TENANTS: Grantor hereby Irrevocably auRmdzes and directs the tenants under all
leases to pay all amounts owing to Grantor thereunder to Beneficiary following receipt of any written
notice Gan Beneficiary that states that an event of default remains uncured and that all such
amounts are to be paid to Beneficiary. Grantor further authorizes and directs all such tenants to pay
all such arrounts to Beneficiary without any right or obligation to Inquire as to the validity of
Beneficiary's notice and regardless of the fact that Grantor hes notified any such tenants that
Beneficlays notice is invalid or has directed any such tenants to not pay suchamounts to
Beneficiary.
At arty time until this Trust Dead has been paid and satisfied in full, and within ten days of written
demand delivered to Grantor's last known mailing address. Grantor hereby agrees to fufiy execute,
aclaowledge, initial, have notarized, deliver or perform any ofimr task necessary to correct,
complets, add to or replace any document in connection with or referred to In the documents and
correspondence associated with the loan being made by Benefidary to Grantor, secured by this
Trust Deed and evidenced by the Promissory Note secured thereby: this paragraph Is intended to
assure Beneficiary that Bore are means available to address any error or omission in the creation,
execution or transmission of documents necessary to properly and fully complete the loan
transaction between Beneficiary and Grantor, Grantor's failure to perform under this paragraph
within tan days after written notice as provided herein shall constitute an event of defaulhareunder.
The term Beneficiary shall mean the holder and owner, including pledgee, of th contract secured
hereby, whether or not named as a Beneficiary herein. In construing this deed and whenever She
cantshd so requires, the masculine gentler Incudes the feminine and the neuter, and the singular
number includes the plural-
-SIGNATURES APPEAR ON THE FOLLOWING PAGE—
THE UNDERSIGNED HEREBY DECLARES, REPRESENTS AND AFFIRMS THAT THIS LOAN IS
BEING MADE FOR THE BUSINESS PURPOSES OF THE UNDERSIGNED.
In witrues whereof, said Grantor has hereunto set his hand the day and year fest hereinabove
wd //
Stephen H. Willens
Slate of Oregon )
j/ )ss:
County of L -L Q )
This Instrument was admoWedged before me on i[Items.
OF FICIAL STAMP Notary Public regon��-/-/----
KEN M. BOYST My Commission e>mires:-L?�' !
NOTARY PuWc,0aEGON
OOMWm NN0. 941423
MY COMMI3910 t EXPIRES JIRY 90, 2019
REQUEST FOR FULL RECONVEYANCE
To Robert A Smejkal, Trustee:
The undersigned Is the legal owner and holder of all indebtedness secured by the foregoing trust
deed. All sums secured by said trust dead have been fully paid and satisfied. You ere hereby
directed, on payment to you of any sums owing to you under the terms of mid trust dead pursuant to
statute, to cancel an evidences M Indebtedness segued by said Oust deed, which are delivered to
you herewith together with said Oust deed, and to mommy, without warranty, to the parties
designated by the tents of said trust dead the estate now held by you under the same. Mail
reconveyance documents tt Grantor at PO Box 31, Weltarville, OR 97489.
Beneficiary
EXHIBIT "A"
Beginning at a point in the center of County Road, North 89° 10' West 190.1 feet from the
Intersection of said center line of said County Road with the East line of the Herod Johnson Donation
Lend Claim No. fit, Notification No 7481 in Township 17 South, Range 2 Wast of the Willamette
Meddler, and running thence South parallel with said East line 477 feet; thence East 190.1 feet;
thence North 478 feel; thence West 190.1 feet to the point of beginning, in Lane County, Oregon.
EXCEPT THEREFROM property conveyed to Orval J. McPherson and Betty J. McPherson, husband
and wife recorded June 27, 1962, Reception No. 74390 ALSO
EXCEPTING THEREFROM property conveyed to Michael McPherson and Kevin James McPherson
recorded August 16, 1984, Reception No. 8433281.
ALSO EXCEPTING THEREFROM any potion lying within the boundaries of County Road No. 440
After recording, return to:
Robert A. Smeikal, P.C.
PO Box 1758
Eugene, OR 97440
Grantor:
Stephen It. Williams
P.O. Box 31
Wallerville, Oregon 97489
Trustee:
Robert A. Str ikal
Attorney at Law
PO Box 1758
Eugene, OR 97440
Beneficiary:
Favreau parity Trust - 1990
c/o AIC
380 Q Street, Suite 240
Springfield, OR 97477
Tax Account No.:
0112787
Lane County Clerk 2020_22079
Lane County Deeds & Records
05/05/2020 10:32:19 AM
RPR -NTD Cnt=1 Str=24 CASHIER 05 3pages
$
ts 00 $11
$10 00sei 00 $97.00
NOTICE OF DEFAULT AND ELECTION TO SELL
Reference is made to that certain Trust Deed made by Stephen H. Williams, as Grantor,
to Robert A. Smejkal, Attorney at Law as Trustee, in favor of Favreau Family Trust - 1990, as
Beneficiary, dated July 171 2018, recorded July 18, 2018, as Recorder's No. 2018-033298, all in
the Deeds and Records of Lane County, Oregon. The Trust Deed covers the real property
situated in the above mentioned county and slate which is more particularly described on Exhibit
A.
The Trustee hereby certifies that no assignments of the Trust Deed by the Trustee, the
Beneficiary or any successors, and no appointments of a Trustee have been made, except as
recorded in the records of the county in which the above described real property is situated.
Further, no action has been instituted to recover the debt, or any part thereof, now remaining
secured by the Trust Decd, or, if such action has been instituted, such action has been dismissed
except as permitted by ORS 86.735(4).
There is a default by Grantor, performance of which is secured by the Trust Deed with
respect to provisions therein, which authorizes sale in the event of default of such provision. The
default for which foreclosure is made is Gr'antor's failure to pay monthly payments in the amount
of $2,100.00 each, commencing with the payment due on January 18, 2020 and continuing each
month thereafter; and failure to pay real property taxes for tax years 2018-2019 in the amount of
$137.74, plus interest and 2019-2020 in the amount of 4,242.43, plus interest.
By reason of the default, the Beneficiary has declared all sums owing on the obligation
secured by the Trust Deed immediately due and payable, those suras being the principal amount
of $210,000.00, plus accrued interest as of April 24, 2020 in the amount of $8,883.28 plus
interest on the principal amount of $210,000.00 at the rate of 17% per annum from April 25,
2020 until paid; plus late fees, amounts advanced by the Beneficiary, if any, pursuant to the Trust
Deed or applicable law and attorney fees and foreclosure costs incurred.
Notice is hereby given that the Beneficiary and the Trustee, by reason of the default, have
elected and do hereby elect to foreclose the Trust Deed by advertisement and sale pursuant to
ORS 86.705 to ORS 86.795, and to cause to be sold at public auction to the highest bidder for
cash or certified funds, the interest in the described property which Grantor had, or had the
power to convey, at the time of the execution by Grantor of the Trust Deed, together with any
interest Grantor acquired after the execution of the Trust Deed, to satisfy the obligations secured
by the Trust Deed and the expenses of sale, including the compensation of the Trustee as
provided by law, and the reasonable fees of the Trustee's attorney.
The sale will be held at 10:00 a.m. in accordance with the standard time established by
ORS 187.110 on September 30, 2020, inside the front entrance of the Lane County Courthouse
located at 125 E. 8th Ave, Eugene, Oregon 97401, in the City of Eugene, County of Lane, and
State of Oregon, which is the hour, date and place last set for the sale.
Other than as shown of record, neither the Beneficiary nor the Trustee has any actual
notice of any person having or claiming to have any lien upon or interest in the real property
hereinabove described subsequent to the interest of the Trustee in the Trust Deed, or of any
successor in interest to Grantor, or of any lessee or other person in possession of or occupying
the property, except:
Name and Last Known Address Nature of Hight, Lien or Interest
None
Notice is further given that any person named in ORS 86.753 has the right, at any time
prior to five (5) days before the date last set for the sale, to have this foreclosure proceeding
dismissed and the Trust Deed reinstated by payment to the Beneficiary of the entire amount then
due (other than such portion of the principal as would not then be due had no default occurred)
and by curing any other default complained of herein that is capable of being cured by tendering
the performance required under the obligation or Trust Deed, and in addition to paying the sums
or tendering the performance necessary to cure the default, by paying all costs and expenses
actually incurred in enforcing the obligation and Trust Deed, together with the Trustee's attorney
fees not exceeding the amounts provided by ORS 86.753.
Without limiting the Trustee's disclaimer of representations or warranties, Oregon law
requires the Trustee to state in this notice that some residential property sold at the trustee's sale
may have been used in manufacturing methamphetamine, the chemical components of which are
known to be toxic. Prospective purchasers of residential property should be aware of this
potential danger before deciding to place a bid for this property at a trustee's sale.
In construing this notice, the singular includes the plural, the word "Grantors" includes
any successor in interest to the Grantors as well as any other person owing an obligation, the
performance of which is secured by the Trust Deed, amid the words "Trustee" or "Beneficiary"
include their respective successors in interest, if any.
DATED this 5th day of May, 2020.
0 lam{
Robert A. Smejkal, Trustee
STATE OF OREGON, County of Lane ) as.
This instrument was acknowledged before me on May 5, 2020 by Robert A. Smejkal,
Trustee.
OFFICIAL STAMP
ERIN E ENGSTROM
NOTARY PUBLIC -OREGON
COMMISSIONNC.997770 NOTARY PUBLIC FOR. OREGON
MY COMMISSION EXPIRES MARCH 16.2024
EXIIIBIT A
'Beginning at a point in the center of County Road, North 89 degrees 10 minutes West
190.1 feet from the intersection of said center line of said County Road with the East line of the
Herod Johnson Donation Land Claim No. 62, Notification No. 7481 in Township 17 South,
Range 2 West of the Willamette Meridian, and running thence South parallel with said East line
477 feet; thence Fast 190.1 feet; thence North 478 feet; thence West 190.1 feet to the point of
beginning, in Lane County, Oregon.
EXCEPT THEREFROM property conveyed to Orval J. McPherson and Betty J.
McPherson, husband and wife recorded June 27, 1962, Reception No. 74390
ALSO EXCEPTING' THEREFROM property conveyed to Michael McPherson and
Kevin James McPherson recorded August 16, 1984, Reception No, 84-33281.
FXCF,PTING THEREFROM any portion lying within the boundaries of County Road
No. 440"
Commonly known as: 5315 Highbanks Road, Springfield 97478.
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HIGH BANKS CLOSURES
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Precision 1:49,063.89
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Precision 1:41,525.64
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Precision 1:46,648.39
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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East
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Precision 1:96,728.57
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Mapcheck Closure - (Uses listed
courses,
radii, and deltas)
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East
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Precision 1:71,702.33
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Mapcheck Closure - (Uses listed
courses, radii, and deltas)
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Precision 1:89,964.71
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Precision 1:114,996.00
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Precision 1:37,640.79
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Precision 1:61,008.51
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Mapcheck Closure - (Uses listed
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Mapcheck Closure - (Uses listed
courses, radii, and deltas)
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Mapcheck Closure - (Uses listed
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
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Precision 1:46,417.74