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HomeMy WebLinkAboutDeed APPLICANT 8/3/2021/i1E1r REWROING RENRNTO: Lane County Ceerk q CkWq EWLEOOMPANv Lene County Deeda and Records 1015-003061, 811WILLAMETrEai. EUGENE, OR 97401 IIIIIII IIIIIIIIIIIIIIIIIIII III VIII IIIIIII I IIIIII C 1t5� $62.00 01478504201500030650040042 RPR-DEED Cntel Stne41 CASHIER20)2 09:50:55 AM $20.00 $11.00 $21.00 810.00 WARRANTY DEED Recording Information Required by ORS 205.234 1. Name of Transaction: Warranty Deed 2. Name of Parties: Grantor: Paul H. Schaffner (aka Paul Schaffner) and Kathryn C. Schaffner (aka Kathryn Schaffner) Grantee: Schaffner Properties, LLC, an Oregon limited liability company 3. Person to Whom Documents to be Returned: Hamilton W. Budge, Jr. 725 Country Club Rd. Eugene, OR 97401 4. True and Actual Consideration: Other than Money 5. Please Send Tax Statements to: No Change Tax Account Nos. 1061835;1190261; 0786176;1409174 6. Information Required by ORS 205.125: N/A KNOW ALL PERSONS BY THESE PRESENTS, that Paul H. Schaffner (aka Paul Schaffner) and Kathryn C. Schaffner (aka Kathryn Schaffner), hereinafter called the Grantor, for the consideration hereinafter stated, to Grantor paid by Schaffner Properties, LLC, an Oregon limited liability company, hereinafter called the Grantee, does hereby grant, warrant, sell and convey unto the said Grantee and Grantee's heirs, successors and assigns, all of Grantors' interest in that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, situated in the County of Lane and State of Oregon, described as follows, to -wit: See Exhibit "A" attached hereto and by this reference incorporated herein To have and to hold the same unto the said Grantee and Grantee's heirs, successors and assigns forever. And said Grantor hereby covenants to and with said Grantee and Grantee's heirs, successors and assigns, that Grantor is lawfully seized in fee simple of the above 1 - WARRANTY DEED granted premises, subject to all encumbrances, easements, reservations and restrictions of record. The true and actual consideration paid for this transfer, stated in terms of dollars, is other than money. The liability and obligations of Grantor to Grantee and Grantee's heirs and assigns under the warranties and covenants contained herein or provided by law shall be limited- to the amount, nature and terms of any right of indemnification available to Grantor under any title insurance policy, and Grantor shall have no liability or obligation except to the extent that reimbursement for such liability or obligation is available to Grantor under any such title insurance policy. The limitations contained herein expressly do not relieve Grantor of any liability or obligations under this instrument, but merely define the scope, nature, and amount of such liability or obligations. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.335 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. IN WITNESS WHEREOF of �2015. the grantor has executed this instrument this \'day STATE OF OREGON ) as. C County of Lane ) y�jti. �>;-- , 2015 Personally appeared the above-named Paul H. Schaffner, who acknowledged the foregoing instrument to be his voluntary act and dee efore me. OSEAL JNNELLLEL IINiLtfT IIIA PUBLIC•gittltNl Notary Public for0regon f�tNA�Brott N0. �7r191r1 My Commission Expires:l o\ Lttr COMNISaeN alPlliEB dN1E rx tete IJZia eIIIvr.T�x., STATE OF OREGON ) .as. \ ` County of Lane ) �1�cr` \Sr 2015 Personally appeared the above-named Kathryn C. Schaffner, who acknowledged the foregoing instrument to be her voluntary act and deed. B me. Notary Public for Oregon 0FFICNL SEAL M Commission Expires: JANELLE L 5ABTLETT y p res: �9 Z FpTAPYSS*N�In 467039P ' M'f000M45S10A b4VES,10"2010 3- WARRANTY DEED EXHIBIT "A" Parcel 1: Tax Lot 17-04-35-41-00106 Lot 2, HIRAM, as platted and recorded in Book 64, Page 5, Lane County Oregon Plat Records in Lane County, Oregon. Parcel 2: Tax Lot 17-02-35-31-04900 Lot 1, McKenzie Hills, as platted and recorded in File 72, Slides 19, 20, and 21, Lane County Oregon Plat Records in Lane County, Oregon. Parcel 3: Tax Lot 18-12-23-32-01700 Lots 1 through 4, inclusive, Block 43, FRASIER AND BERRY'S PART OF THE CITY OF FLORENCE, as platted and recorded in Book 2, Page 2, Lane County Oregon Plat Records, in Lane County, Oregon. TOGETHER WITH that portion of the vacated alley inuring to said lots, by operation of law, under Ordinance No. 2192, recorded August 11, 1951, in Book 443, Page 224, Deed Records of Lane County, Oregon. EXCEPTING THEREFROM that portion deeded to the State of Oregon, by and through its Department of Transportation, Highway Division by Warranty Deed recorded August 16, 1984, Reception No. 84-33280, Official Records of Lane County, Oregon. Parcel 4: Tax Lot 18-12-23-32-01701 Lots 5 through 10, inclusive, Block 43, FRASIER AND BERRY'S PART OF THE CITY OF FLORENCE, as platted and recorded in Book 2, Page 2, Lane County Oregon Plat Records, in Lane County, Oregon. TOGETHER WITH that portion of the vacated alley inuring to said lots, by operation of law, under Ordinance No. 2192, recorded August 11, 1951, in Book 443, Page 224, Deed Records of Lane County, Oregon. Exhibit "A" Ar*' "« ALTA Commitment • Yi * + COMMITMENT PP. "I OTiLE INSURF,NCE e 4F* * Issued by Old FOR Natleral Title Insurance Company OLD REPUBLIC NATIONAL l'1;LE INSURANCE COMPANY, a Minnesota corporation ("Company"), for a valuable consideration, commits to issue it, policy or policies of title insurance, as identified in Schedule A, Jr, favor of the. Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, as owner or mortgagee of the estate or interest in the lard described or referred to in Schedule A, upon payment of the premiums and charges ane uxnpliarce wish the Requirements, all subject to the provisions of Schedules A and B and to the Condition..=.:,f this Commitment, This Commitment shall be effective only when the identity o` the Proposed Insured are the amount of the poliry or policies committed for have been inserted in S::heduie A by the Company. All liability and obligation under this Commitment shat: cease and terminate six (6) moriths after the Effective Date or when the pollcy or policies committed for shall issue, whichever first occurs, piov;ded that the failure to issue the policy or policies is not the fault of the Conloany. The Company will provide a sample of the po'rcy form upon request. Issued through the office of: CASCADE TITLE CO. 811 WILLAMETTE STREET EUGENE, OR 97401 Authonzed Officer or Agent OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-0 11 E/ Attest OR 11613 (2006) OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY president Secretary Order Number: 4 0322091 ALTA Commitment s � a SUPPLEMENTAL SCHEDULE ESCROW NO.: EU20-4018 TITLE NO.: -103 2166 3 CUSTOMER REP: HIX SNEDEKER DEV. 1. Effective Date: JULY 12, 2021 AT 5:00 AM 2. Policy or Policies to be issued: (a) 2006 ALTA® Owner's Policy Proposed Insured: HIX SNEDEKER DEVELOPMENT LLC an Alabama limited liability company Proposed Policy Amount: $TBD (b) 2006 ALTA® Loan Policy Proposed Insured: TBD Proposed Policy Amount: $THD Owners Extended Premium $TBD OTIRO 203.2-06 Zoning Endorsement $TBD OTIRO 217-06 Access and Entry Endorsement $125.00 OTIRO 219.1- 06 Contiguity -Single Parcel Endorsement $150,00 OTIRO 225-06 Same as Survey Endorsement $100,00 OTIRO 235.3-06 Mineral D Other Subsurface Endorsement $TBD OTIRO 101 Pending Improvements Endorsement $NO CHARGE Gov. Lien /Inspect Fee $35,00 Commercial Extended. Loan Premium $TBD OTIRO Endorsements $TBD The printed Exceptions and Exclusions fiorn the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit A. attached. Limitations on Covered Ristis applicable to the Homeowner's Policy of Title Insurance which establish a Deductibie Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the Policy farms should be read. They are available from the office which issued this Commitment. 3. The estate or interest in the land described or refer rad to in this Commitment's: FEE SIMPLE ORTIC 1614 OL.DR'EPUBLIC NATIONAL TITLE INSURANCE COMPANY Girder Number. CTU x22091 4. Title to the fee simple estate or interest it the land is at the Effec.bve Date vested n: SCHAFFNER PROPERTIES, LLC 5. The land referred to in this Commitment. is described as f6ows: SEE ATTACHED SCHEDULE C This Commitment is not valid without SCHEDULE A and SCHEDULE B. ORTiC 161.4 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ESCROW NO.: EU2C-4018 TIT',= NO.: 7-0324r,63 CI,IST0Mv'-R REF: I -RX SNEDEKER DEV. I. REQUIREMENTS: The Proposed Insured must nodry the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will maka a !oar or, the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for The estate or interest to be insured. 1 Pay the premiums, fees, and charges for tha Policy to the Company. 4. Documents satisfactory to the Company that convey the Tdle or create the Mortgage to be insured, or Loth, must be properly authorized, executed, delivered, and recorded in the Pudic Records. a) Deed of Trust, including the terns and provisions thereof, executed by Schaffner Properties LLL, Grantor, to Cascade Title Company, Trustee, for the "benefit of Oregon Pacific Bank, Beneficiary, dated August 18, 2016, recorded August 25, 2016, Reception No. 2016-041430, Lane County Deeds and Records, to secure payment of a note for $133,019.87. ESCROW NO.'EU20-ti018 TITLE NO.: CT0.324663 CUSTOMER RFF: HIX SNEDEKER DEV. II. Schedule 8 of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date hrreof but prior to the date the proposed Insured acquires for value of record the estate or interest ar mortgage ::hereon covered by this Commitment. GENERAL EXCEPTIONS (Standard Coverage Policy Exception=_): 1. Taxes or assessments which are not yet due and payable. 2. Facts, rights, interests or claims which are not spawn by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, riot shown by the Public Records; resenahon=_ or exceptions in patents in ie Acts authorizing the issuance thereof; water rights, claims or 9tle to water. 4. Any encroachment, encumbrance, violation, vanation, or adverse circumstance affecing the Tide that would be disclosed by an accurate and complete la;d survey of the Lapd. 5. Any lien, or right to a flen, for services, Tabor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by raw and not shown by the Public Records. SPECIAL EXCEPTIONS: 6. Property taxes in an undetermined amount, which are a ;yen but not yet payable, including any assessments collected with taxes to be ievol for the fiscal year 2021-2022. 7. Easements, notes, conditions, restrictions and dedications as shown, set forth, and/or delineated on the recorded Plat of McKenzie Hills, recorded in Reception No. F072 5019; Lane County Oregon Plat Records. S. Easement, including the tennis and crovsions thereof, granted the Oregon State Highway Commission and the City of Springfield, for slope easement and for scorn drains rerrded July 18, 1966, Reception No, 1966-054410, Lane County Oregon Deed Records. 9. A copy of the Operating Agreement of Hix Snedeker Development LLC, including any amendments thereof, should be furnished to Cascade Title Company for the purpose of ascertaining members authorized to execute aro behalf of the Limited Liability Compam/, 10. Any lien, or right to a lien, for services, labor, material, equipirient rental or workers compensation heretofore or hereafter furnished, imposed by law and riot shown by the Public Records. Il. A complete survey of these premises showing boundary lines, locator, of improvements, encroachments, public, utilities, overhead lines and easernents must be furnished prior to issuing an ALTA, Policy. Exception may be made on said policy to matters disclosed by this survey. NOTE: Taxes, Account No. 1190261, Assessor's Map No. II 02 35 3 1, #4900, Code I9-00, 2020-2021, in the amount of $1,488.79, PAID IN FULL. NOTE: A judgment search has beer, made on the above named Vestee(s), and we find NONE except as set forth aboae. NOTE: According to the public record, the following deed(sj affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE This commitment is preliminary to the issuance of a oofic,� of title insurance and shalt become not and void unless a policy is issued and the full premium paid. Cascade Title Co. kb/rh: Title Officer: KURT BEATY 49 I+IR �Y4•: ! PP'OPERTY DESCP,IP 10 N' Lot 1, MCKENZIE HILLS, as platted and recorded it File 72, Slides 19; 20 and 21, Lane County Oregon Flat Records, in Lane County, Oregon. CONDITIONS 1. The term mortgage, when used herein, sinal'. include deed of trust trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encambra ice, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Comrritrnent other than those shown in Schedule B hereof, and shall fail to disclose eic'n knowledge to the Company in writing, the Company sham be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shag disclose such knowledge to the C.oripary, or if the Company otherwise acquires actual knowledge of any such defect; !len, encungrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shalt not relieve the Company from liability previously incus red Pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shah be only to the named proposed Insured and such parties included under the definition of Insured in the farm of policy o:- policies cornmitted for and only for actual lose incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated In Schedule A for the policy or policies committed for are such liability !s suldnoct to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form. of policy or policies committed for in favor of the prcposed Insured which are hereby incorporated by reference and are made a part of this Commitment except aF expressly modified herein. 4. This Commitment is a contract to issue one or ,sore title insurance policies and is not an abstract of title or a report of the condition of title. Any action or ac -Sons Gr r§ghts of anion that 1 -no proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be, based on and are subject to the provisions of this Commitment. S. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company of the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules all hLZo e.vvu ' 1._rci. If a policy other than the 2006 ALTA Owners Policy of Title Insurance, 2005 ALTA Loan Policy of Title Insurance or 2006 ALTA Snort Form Residential Loan Policy Is ultimately issued, the arbitration provisions of the issued l;olicy shall control. {y,�.}� kms, r+ $R$ "a I ,I `� a �� ,rya % 3 ka } , fi p A.� �u : 4 A S,.e: �'b` �M#a MAII NO. 7-02- 5-31 12 G •4 I I '3CeJ q d. s, 1-1c W zs y 2400 tra' 25rDC, 2600. r 4 'ka C, is 0 L 44 MAII NO. 7-02- 5-31 12 G •4 I I '3CeJ THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DFSCRIRED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SLTIVEY OF THE LAND DEPICTED. F,XCEPT 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 SHO\VN THEREON, q d. s, 1-1c THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DFSCRIRED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SLTIVEY OF THE LAND DEPICTED. F,XCEPT 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 SHO\VN THEREON,