HomeMy WebLinkAboutDeed APPLICANT 9/10/2021After Recording Return to: Lane County Clark NUN?
fIYWN?M�1117
William C. Atwood Lane County Deeds and Records LV
Attorney at Law 11111111111[ 111111111111111li Illnllllllllllll 192.00
500 Main Street, Suite B
P.O. Box 1478 0176488820198002.5470020021
Springfield, OR 97477 0112212019 12:41:55 Ph
RPR -DEED Cnt=1 Stn --40 CA$RSER 01
BARGAIN AND SALE DEED $10.00 $11.00 $61.00 $10.90
Neal L. Moore and Sheri E. Moore, GRANTORS, convey to Neal L. Moore and Sheri E. Moore,
Trustees of the Moore Residential Trust, u.a.d December 28, 2018, or to such Successor Tmstee as
such trust created under such instrument as may hereafter be appointed, GRANTE73, the following
described real property free of any encumbrances except for matters of public record:
SEE ATTACHED EXHIBIT A.
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.
The true consideration for this conveyance is other than monetary.
Until a change is requested, all tax statements shall be sent to the following address: No
changes
1k
IN WITNESS WHEREOF, GRANTORS executed this instrument this day of December,
2018.
Neal L. 1. M o Sheri E. Moore
STATE OF OREGON, County of Lane) ss.
Personally appeared the above named Neal L. Moore andpheri E. Moore and acknowledged the
foregoing instrument to be their voluntary act and deed thisday of Decemb r 2018.
/irk �
Notary Public
i -aT� My Commission Expires:
WIWALCLAR "CE AlY/00D
NOTARY PU6LIC-ORE60N
COMMISSION raBE
LWC 41 DTD6Ea 181021
EXHIBIT A
Parcel 1:
Beginning at an iron pipe marking the Southeast comer of the William Spencer Donation Land
Claim No. 50 in Section 25, Township 17 South, Range 3 West of the Willamette Meridian;
thence West 1233.0 feet along the center line of County Road No. 1141 to a point; thence North
577.98 feet a" the center line of Janice Way to a point which is the true point of beginning;
thence East 30.0 feet to an iron pipe on the East right of way line of Janice Way; thence
continue East 200 feet to an iron pipe; thence North 91.32 feet to an iron pipe; thence West 200
feet to an iron pipe on the east right of way line of Janice Way; thence South 91.32 feet along
the center of Janice Way to the true point of beginning, being a description of that parcel of land
commonly known as Lot No. 28 of the Wendell A. Gross tract, in Lane County, Oregon.
EXCEPTING THEREFROM that portion conveyed to the City of Springfield for public road
by Quitclaim Deed recorded September 24, 1976, in Reel 813, Reception No. 76-50095,
Official Records of Lane County, Oregon, in lane County, Oregon.
Parcel 2
Beginning at an iron pipe marking the Southeast comer of the William Spencer Donation Land
Claim No. 50, in Section 25, Township 17 South, Range 3 West of the Willamette Meridian;
thence West 1233.0 feet along the centerline of County Road No. 1141 to a point; thence North
669.30 feet along the centerline of Janice Way to the True Point of Beginning; thence continue
North 202.7 feet along the centerline of Janice Way to the'T' thereon; thence East 130.0 feet
along the centerline of Janice Way to a point; thence South 20.0 feet to an iron pipe on the
South right-of-way line of Janice Way; thence continue South 182.7 feet to an iron pipe; thence
West 100.0 feet to an iron pipe on the East right-of-way line of Janice Way; thence West 30,0
feet to the Place of Beginning, in Lane County, Oregon.
EXCEPTING THEREFROM that portion conveyed to the City of Springfield by instrument
Recorded September 24, 1976, Reel 813R, Reception No. 76-50089, Lane County Oregon
Records.
Parcel 3:
Parcel 2, PARTITION PLAT NO. 2000-P1342, as filed on April 4, 2000, Lane County
Surveyor File No. 36510, and as recorded on April 3, 2000, at Reception No. 2000-018745,
Lane County Oregon Plat Records, in Lane County Oregon.
Parcel 4:
Parcel 3, PARTITION PLAT NO. 2000-P1342, as filed on April 4, 2000, Lane County
Surveyor File No. 36510, and as recorded on April 3, 2000, at Reception No. 2000-018745,
Lane County Oregon Plat Records, in Lane County Oregon.
" Fust American
Loan Policy
Loan Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5032141-3721467
Any notice of Wim and any other notice or statement in writing required m be given the Company under this Policy must be given
W the Company at the address shaven in Section 17 of the Conditions.
COVERED RISKS
SUB3ECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8 AND THE CONDITIONS, FIRST
AMERICAN TIRE INSURANCE COMPANY, a Nebraska corporation (Me "Compani insures, as of Data of Policy and, M the extent stated in
Covered Rids 11, 13, and 14, after Date of Policy, against los or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. My defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against los from
(a) A defect in the Title caused by:
(1) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(it) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not property created, executed, vrifiessd, Sealed, acknowledged, notarized or delivered;
(iv) failure perform Mose acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or othervdse invalid power of attorney;
(vi) a document not property filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic mans
authorized by law; or
(vii)a defective judicial or administrative preceding.
(b) The lien of real estate taxes cr assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment includes encroachments of existing improvements located on the Land onto
djcaung lad, and encroachments onto the Land of existing improvements located on adjoining and.
3. UnmarketableTNe.
4. No right of aces to and from Me Land.
(Covered Rieke Cautioned oa Pegs 2)
IN WITNESS WHEREOF, Prst American Tire Insurance Company has ousel its corporate name W be hereunto affixed by its authorized officers as of
Data of Policy shown In Schedule A.
First American Title Insurance Company
(),nnis J OArvxe. Prtridunt Gr"t. Smile, Seuaan
Cline; Policy Is valid only when Schedules A and B are attached)
Copyright 2006-2009 American Lard Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA
members in good standing as of the data of use. All other uses are prohibited. Reprinted under license from the American Land Tile Association.
Form 5832141 (2-15-18)age 1 of ll OTIRO PL -05 ALTA Loan Policy of Title Insurance (6-17-06
0.11
5. The violation or enforcement of any law, ordinance, perms, or governmental regulation (including those relating W building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dinumakins, orlocation of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intendon to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the mmrc%e of a governmental police pourer not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of Me Land, is recorded in the Public Records, but only W the extent of the enforcement referred W in that
notice.
7. The exercise of Me rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has Occurred and is binding on the rights of a purchaser for value without Knowledge.
9. The invalidity or unenforceability of the lien of the Insured Mortgage upon Me Title. This Covered Risk includes but is not limited to
insurance against loss from any of the following impairing Me lien of the Insured Mortgage
(a) forgery, fraud, undue influence, duress, incompetency, inapauty, or impersonation;
(b) failure of any person or Entity to have authorized a transfer or conveyance;
(c) Me Insuretl Mortgage not being property created, executed, witnessed, sealed, acknowledged, nolaraed, or delivered,
(d) failure W perform those acts necessary to create a document by electronic mans authorized by law;
(e) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(f) a document not property filed, recorded, or indexed in the Public Records including failure W perform those acts by electronic means
authorized by law; or
(g) a defective judicial or administrative proceeding.
10. The Is& of priority of the lien of Me Insuretl Mortgage upon Me Title over any other lien or encumbrance.
11. The lack of priority ofthe lien of the Insured Mortgage upon the Title
(a) as security for each and every advance of proceeds of the loan secured by the Insuretl Mortgage over any statutory lien for services,
labor, or material arising from construction of an improvement or work related W the Land when Me improvement or work is either
() contracted for or mmme don or before D of Policy; or
ticontracted for, commenced, or continued aRrr Date of Policy if the construction is financed, in whole or in part, by proceeds of
the loan secured by Me Insured Mortgage that Me Insured has advanced or is obligated on Date of Polity W advance; and
(b) over the lien of any assessments for sheet improvements under construction or completed at Date of Policy.
12. The Immtitlity or ulenforceab lity of any assignment of Me Insured Mortgage, prooded the assignment is shown in Schedule A, or the
failure of the assignment shown in Schedule A W vest No W the Insured Mortgage in the named Insuretl assignee free and clear of all
liens.
13. The invalidity, unenforceability, lack of priority, or avoidance of the lien of the Insuretl Mortgage upon Me Title
(a) resulting from the avoidance in whole or in part, or from a court order providing an alternative remedy, of any transfer of all or any
part of Me tide to or any interest in Me Land occurring prior to the transaction creating the lien of Me Insured Mortgage because that
prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, stare insolvency, or similar creditors! rights
laws; or
(b) because Me Insured Mortgage constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditvs'righs
laws by reason of the failure of its recording in the Public Records
(i) W be timely, or
(i) W impart notice of ds exsterme W a purchaser for value or W a judgment or lien creditor.
14. Any defect in or lien or encumbrance on the Title or otirer matter included in Covered f sks 1 through 13 that has been created or
attached or has been filed or recorded in Me Public Records subsequent to Date of Policy and prior W the recording of Me Insured
Mortgage in the Public Records.
The Company will also pay the casts, attomeys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only W
Me extent provided in Me Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of (iii) the subdivision of land, or
this policy, and the Company wall not pay loss or damage, ccss, (iv) environmental protection;
attomeys' fees, or expenses that arise by reason of: or the effect of any violation of these laws, Ordinances, or
1. (a) Any law, ordinance, permit, or governmental regulation governmental regulattam. TMs Exclusion 1(a) does not modify
(including those relating W building and zoning) or lima Me coverage provided under Covered Risk 5.
restricting, regulating, prohibiting, or relating to (b) Any governmental police power This Exdusion 1(b) does not
[) Me occupancy, use, or enjoyment of Me Land; modify or limit the coverage provided under Covered Risk 6.
2. R1ghs of eminent domain. Ths Exclusion does not modify or kms
(ii) Me character, dimensions, or location of any the coverage provided under Covered Risk 7 or 8.
improvement erected W Me Land;
Form 5032141(2-15-I8)ge 2 of 11 O IRD PL -05 ALTA Loan Policy mTitre Insurance (e-17436
Oreon
EXCLUSIONS FROM COVERAGE (Continued)
Defects, liens, encumbrances, adverse claims, or other matters
S. Invalidity or unanformaniity in whole or in part of the lien of the
(a) created, suffered, assumed, or agreed to by the Insured
Insured Mortgage Mat arises out of Me transaction evidenced by
Claimant;
the Insured Mortgage and is based upon usury or any consumer
(b) not Known to the Company, not recorded in the Public
credit protection or truth -in -lending law.
Records at Date of Policy, but Known M the Insured
6. Any claim, by reason of the operation of federal bankruptcy,
Claimant and not disclosed N writing in the Company by
state insolvency, or similar cmch ars' rights laws, that the
the Insured Claimant prior to the data the Insured
transaction creating the lien of the Insured Mortgage, is
Claimant became an Insured under this policy;
(a) afraudulent conveyance or fraudulent transfer, or
(c) resulting in no loss or damage to the Insured Claimant;
(b) a preferential transfer for any reason not stated in Covered
(d) attaching or created subsequent m Date of Policy
Risk 13(b) of this policy.
(however, Mis does not modify or limit the coverage
7. Any lien on the Tithe for real Mate faxes or assessments
provided under Covered Risk 11, 13, or 14); or
imposed by governmental authority and created or attaching
(e) resulting in lossor damage that would not have been
between Date of Policy and the date of recording of the Insured
sustained tithe Insured Claimant had paid value for the
Mortgage in the Public Remal This Exclusion does not modify
insured Mortgage.
a' limit the coverage provided under Covered Risk 11(b).
Unenforceability of the lien of the insured Mortgage because
of the inability or failure of an Insured N comply with
applicable doing -business laws of the state where the Land is
situated.
CONDITIONS
DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insumnm": The amount stated in Schedule
A, as may be increased or decreased by endorsement to
this policy, increased by Section 8(b) or decreased by
Section 10 ofthese Conditions.
(b) "Date of Policy": The data designated as "Dace of Policy"
in Schedule A.
(c) "ErW: A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Indebcedness": The obligation secured by the Insured
Mortgage including one evidenced by electronic means
authorized by law, and if that obligation is the payment of
a debt, the Indebtedness is the sum of
(i) the amount of the principal disbursed as of Date of
Policy;
(11) the amount of the principal disbursed subsequent to
Date of Policy;
(h) the construction loan advances made subsequent to
Date of Policy for the purpose of financing in whole
or in part the construction of an improvement to the
Land or related to the Land that the Insured was
and continued to be obligated to advance at Date of
Folicyand at the date of the advance;
(iv) interest on the loan;
(v) the prepayment premiums, exit fees, and other
similar fees or penalties allowed by law;
(vi) the expenses of foreclosure and any other costs of
enforcement;
(vll) the amounts advanced to assure compliance with
lavas or to protect the lien or the pnority of the lien
of the Insured Mortgage before Me acquisition of
the estate or interest in the Title;
(vii) the amounts to pay taxes and insurance; and
0x) the reasonable amounts expanded to prevent
rletenorabon of improvements;
but the Indebtedness is reduced by the roti of all
payments and by any amount forgiven by an
Insured.
(a) "Insured": The Insured named in Schedule A
(i) The term "Insured" also includes
(A) the owner of the Indebtedness and each
successor in ownership of the Indebtedness,
whether the owner or successor ovens the
Indebtedness for its own account or as a trustee or
other fiduciary, except a successor who is an obligor
under the provisions of Section 12(c) of these
Conditions;
(B) the person or Entity who has "control" of the
"t inferable record," if the Indebtedness is evidenced
by a "transferable record," as these terms are defined
by applicable electronic transactions law;
(C) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganizadon;
(D) successors M an Insured by its conversion to another
kind of Entity;
(E) a grantee of an Insured under a deed delivered
without payment of actual valuable consideration
conveying the Tide
(1) if the stock, shares, memberships, or other equity
intemm, of the grantee are wholly-owned by the
named Insured,
(2) If the grantee wholly owns the named Insured, or
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-
ovmed by the same person or Entity;
(F) any government agency or instrumentality that is an
insurer or guarantor under an insurance contract or
guaranty insuring or guaranteeing the Indebtedness
secured by the insured Mortgage, or any part of it,
whether named as an Insured or one;
Ca) With regard to (A), (B), (C), (D), and (E) reserving,
however, all rights and defenses as to any successor that
the Company would have had agalnvt any predecessor
Insured, unless the successor acquired Me Indebtedness as
a purchaser for value without Knowledge of the asserted
defect, lien, encumbrance, or other matter irem'ed against
by this polity.
(f) "Insured Claimant": An Insured claiming Ion or damage.
(g) "Insured Mortgage": The Mortgage described in paragraph 4
of Schedule A.
(h) "Knowledge" or "Known": Actual knowledge,not constructive
Imowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that
impart constructive nobas of matter affecting the Title.
Fenn 5032141 (2-15-I8)age 3 of 11 OTIRO PL -05 ALTA Loan Policy of Title Insurance (6-17-06
oregal
CONDITIONS (Continued)
(i) "Land`: The land described in Schedule A, and affixed
improvements that by law constitute real property. The
term "La xl" does not include any property beyond the
lines of Me area described in Schedule A, nor any right,
We, interest, estate, or easement in abutting streets,
roads, avenues, alleys, lanes, ways, or waterways, but this
does not modify or limit Me extent that a right of access M
and from the Land is insured by Mis policy.
(j) "Mortgage`: Mortgage, deed of bust, trust deed, or other
security instrument, including one evidenced by electronic
means authonzed by law.
(k) "Public Records": Records established under state statutes
at Date of Policy for the purpose of imparting constructive
notice of matters relating M real property M pumhasers for
value and without Knowledge. With respect b Covered
Risk 5(d), "Public Records` shall also include environmental
protection liens filed in the records of the clerk of the
United States District Court for Me district where Me land
is located.
p) "TNe": The estate or interest described in Schedule A.
(m)"Unmadketable Title`: Tide affected by an alleged or
apparent matter net would permit a prospective purchaser
or lessee of Me Title or lender on the Title or a prospective
purchaser of the Insured Mortgage M be released from the
obligation to purchase, lease, or lend if Mere is a
contractual condition requiring the delivery of marketable
Me.
2. CONTURIATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured after acquisition of the Tide by an
Insured or after conveyance by an Insured, but only so long as
Me Insured retains an estate or interest in Me Land, or holds
an obligation secured by a purchase money Mortgage given by
a purchaser from Me Insured, or only so long as the Insuretl
shall have liability by reason of warranties in any transfer or
conveyance of the Title. This policy shall not continue in farce
in favor of any purchaser from the Insured of either (i) an
settle w urterest in the Land, or Cu) an obligation secured by a
purchase money Mortgage given M the Insuretl.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company promptly in writing I7 in
case of any litigation as set forth in Section 5(a) of these
Conditions, (it) in case knowledge shall come W an Insured of
any claim of We or interest that is adverse M the Title or the
lien of the Insured Mortgage, as insured, and that might cause
loss or damage for which the Company may be liable by virtue
of Mis policy, or (iii) if Me Title or the lien of Me Insured
Mortgage, as insured, is rejected as Unmarketable Title. If Me
Company is prejudiced by the failure of the Insured Claimant
M provide prompt notice, the Company's liability th the
Insured Claimant under the policy shall be reduced to Me
extent of the prejudice.
4, PROOF OF LOSS
In the event the Company is unable to determine the amount
of los or damage, the Company may, at its option, require as
a condition of payment that Me Insuretl claimant furnish a
signed proof of loss. The proof of lass mist describe the
defect, lien, encumbrance, or other matter insured against by
this policy Mat constitutes Me basis of loss or damage and
shall state, to Me extent possible, Me basis of calculating the
amauntof the loss or damage.
S. DEFENSE AND PROSECUTIONOFACIONS
(a) Upon written request by the Insured, and subject M the
options contained in Section 7 of these Conditions, the
Company, at its own cost and without unreasonable
delay, shall provide for the defense of an Insured in
INgation in which any third party asserts a claim covered
by this policy adverse W the Insured. This obligation is
limited M only thou stated causes of action alleging
matters insured against by this policy. The Company shall
have the right th select counsel of its choice (subject M Me
right of the Insured M abject for reasonable cause) to
represent the Insured as to thou stated causes of action.
It shall not be liable for and will not pay the fees of any
other counsel. The Company will not pay any fees, costs, or
expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by
this policy.
(b) The Company shall have the right, in addition to Me options
curtained in Section 7 of these Considers, at Its, own cost,
to institute and prosecute any action or proceeding or W do
any other act Mat in i6 opinion may be necessary or
desirable M establish Me Title or Me lien of the Insured
Mortgage, as insured, or M prevent or reduce las or
damage Is Me Insured. The Company may take any
appropriate action under the terms of this policy, whether
or not it shall be liable M the Insured. The exercise of Mese
rights shag not be an adntlssion of liability ar waiver of any
provision of this policy. If the Company exercises its rights
under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or, asserts a
defense as required or penndtetl by this polity, Me
Company may pursue the litigation to a final determination
by a court of competent jurisdiction, and it expressly
reserves the right, in its sole discretion, to appeal any
adverse judgment or order.
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the
Company to prosecute or provide for Me defense of any
action or proceeding and any appeals, the Insuretl shall
secure M Me Company Me right M W prosecute or provide
defense in the action or proceeding, including the right M
use, at its option, Me name of the Insured for this purpose.
Whenever requested by the Company, the Insured, M the
Company's expense, shall give Me Company all reasonable
aid (i) in securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or
effecting settemem, and (ii) in any other lawful act that in
the opinion of the Company may be necessary or desirable
W establish the Title, the lien of the Insured Mortgage, or
any other matter as insured. if Me Company is prejudiced
by Me failure of Me Insured to furnish one required
cooperation, Me Company's obligations to Me Insured
under the policy shall terminate, including any liability or
obligation M defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such
cooperation.
(b) The Company may reasonably require the Insured Claimant
M submit to examination under oath by any authorized
representative of Me Company and to produce for
examination, inspection, and copying, at such reasonable
Imes and places as may be designated by the authorized
representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether bearing a date before or after Date of
Policy, that reasonably pertain to the lass or damage.
Further, if requested by any aut her sed representative of
the Company, the Insured Claimant shall grant lis
permission, in writing, for any authorized representative of
the Company M examine, inspect, and copy all of these
records in the custody o cornet of a third party that
reasonably pertain M Me loss or damage. Ali information
Fou. 5032141 (2-15-18) re4ofIl OTIRO PL -05 ALTA Loan Policy of -ride Insurance (6-17-06
orarpol
COMMONS (Continued)
designated as confidential by the Insured Claimant provided to
the Company pursuant to this Section shall not be Caucused to
others unless, in the reasonable judgment of the Company, it
is necessary in the administration of the claim. Failure of the
Insured Claimant to submit for examination under oaf,
produce any reasonably requested information, or grant
permission to secure reasonably necessary information from
MW parties as required in this subsection, unless prohibit
by law or governmental regulation, shall terminate any liability
of the Company under this policy as to that claim.
OPTIONS TO PAY OR OTHERWISE SETI E CWMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have he
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or
W Purchase the Indebtedness.
(i) To pay or tender payment of the Amount of Insurance
under this policy together with any casts, alfomeys'
fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time
of payment or tender of payment and that the
Company is obligated to pay; or
(ii) To purchase the Indebtedness for the amount of the
Indebtedness on the date of purchase, together with
any Costs, attorneys' fees, and menses incurred by
Me Insured Claimant that were authorized by the
Company up to the time of purchase and that the
Company is obligated to pay.
When the Company purchases the Indebtedness, the
Insured shall transfer, assign, and Convey W the Company
the Indebtedness and the Insured Mortgage, together with
any collateral seventy.
Upon the exercise by the Company of either of the options
provided for in subsections (a)[J) or @i), all liability and
obligations of the Company to the insured under this
policy, other fan to make the payment required in those
subsections, shall terminate, including any liability or
obligation to defend, prosecute, or Continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Insuretl or With the Insured Claimant.
(i) W pay or otherwise settle with other parties far or in
Me name of an Insured Clairrern any claim insured
against under this policy. In addition, the Company
will pay any costs, attorneys' fees, and expenses
Incurred by the Insured Claimant that were authorized
by the Company up to the time of payment and fat
the Company is obligated W pay; or
(it) to pay or otherwise settle with the Insured Claimant
the lass or damage provided for under this policy,
together with any Costs, attumeys' fees, and
expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of
payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsectits (b)(1) or (11), the Company's
obligations to the Insured under this policy for the claimed lass
or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend,
Prosecute, or Continue any litigation.
DETERMINATION AND EXTENT OF LIABILTTY
This policy is a contact of indemnity against actual monetary
loss or damage sustamect or incurred by the Insured Claimant
who has suffered loss or damage by reason of matters insured
against by this policy.
(a) The extent of liability of the Company for loss or damage
under this policy shall not exceed the least of
(i) the Amount of Insurance,
(li) the Indebtedness,
(in) the difference between the value of the Title as insured
and the value of the Title subject to the nsk insured
against by this poky, or
(iv) if a gmemment agency or instrumentality is the
Insured Claimant, the amount it paid in the acquisition
of the Title or the Insured Mortgage in satisfaction of
its insurance contract or guaranty.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title or
Me lien of the Insured Mortgage, as insured,
(I) the Amount of Insurance shall be Increased by 100k,
and
(ii) the Insured Claimant shall have the right to have the
loss or damage determined either as of the date the
claim was made by the Insured Claimant or as of the
data it 5 settled and paid.
(c) In the event the Insured has acquired the Tide in the
manner described in Section 2 of these Conditions or has
conveyed the Tide, then the ¢stent of Oability, of the
Company shall continue as set forth in Section 8(a) of these
Conditions.
(d) In addition to the extent of liability under (a), (b), and (c),
Me Company will also pay those costs, attomeys' fees, and
expenses incurred in accordance with Sectors 5 and 7 of
these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a nght of
access to or from the Land, or cures the claim of
Unmarketable Tide, or establishes the lien of the Insured
Mortgage, all as insured, in a reamnably diligent manner by
any meted, Including litigation and the Completion of any
appeals, it shall have fully performed its obligations with
respect to that matter and shall not be liable for any loss or
damage causer) tothe Insured.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company
shall have no liability for loss err damage until there has
been a final determination by a Court of competent
jurisdiction, and deposition of all appeals, adverse W the
Tide or W the lien of the Insured Mortgage, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability, voluntarily assumed by the Insured in
settling any claim or suit without the prior written Consent
of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
(a) All payments under this policy, except payments made for
costs, attorneys' fees, and expanses, shall reduce the
Amount of Insurance by the amount of the payment
However, any payments madeprior to the acquisition of
Time as provided in Section 2 of these Conditions shall not
reduce the Amount a Insurance afforded under this policy
except to the extent that the payments reduce the
Indebtedness.
(b) Tne voluntary satisfaction or release of the Insured
Mortgage shall terminate all liability of the Company emept
as provided in Section 2 of these Conditions.
11. PAYMENT OF LOSS
When liability and the extent of loss or damage have been
definitely fixed in accordance with these Conditions, the payment
shall be made within 30 days.
Form 5032141 (2-15-18)e 5 of 11 OTIRO PL -D5 ALTA Loan Policy of Tide insunmoe (6r17 -D6
Oreo
CONDMONS (Collin ed)
12. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) The Company's Right M Recover
Whenever the Company shall have settled and paid a
claim under this policy, it shall be subrogated and entitled
So the rights of the Insured Claimant in the Title or
Insured Mortgage and all other rights and remedies 0
respect to Me claim that the Insured Claimant has against
any person or property, M the ellen of the amount of
any loss, cents, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured
Claimant shall execute documents M evidence the transfer
W the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue,
compromise, or settle in the name of the Insured Claimant
all m use the name of Me Insured Claimant in any
transaction or litigation involving these rights and
remedies.
If a payment on account of a claim does not fully cover
the loss of the Insuretl Claimant, Me Company shall defer
the exercise of its right to recover unfit after the Insuretl
Claimant shall have recovered Is less.
(b) The Insured's Rights and Limitations
(i) The owner of the Indebtedness may release or
substitute the personal liability of any debtor or
guarantor, adend or otherwise modify the terns, of
payment, release a portion of the Title from the lien
of Me Insured Mortgage, or release any collateral
security for Me Indebtedness, if R does not affect the
enforceability, or priority of the lien of the Insuretl
Mortgage.
Qi) If the Insured exerases a right provided in (b)(1), but
has KnoWedge of any claim adverse to the Title or
Me lien of the Insured Mortgage insured against by
MIs policy, the Company shall be required to pay only
that part of any lasses insured against by this policy
that shall exceed the amount, if any, last to the
Company by reason of the impairment by the Insuretl
Claimant of the Companyt right of subrogation.
(c) The Company's Rights Against Non-insured Obligors
The Company's right of subrogation includes the Insured's
rights against non-insured obligors including the rights of
the Insured m indemnities, guaranties, other policies of
insurance, or bonds, notwithstanding any terms or
conditions contained in those instruments that address
subrogation rights.
The Company's right of subrogadat shall Trot be avoided
by acquisition of the Insured Mortgage by an obligor
(except an obligor described in Section 1(e)O(F) of these
Conditions) who acquires the Insured Mortgage as a result
of an indemnity, guarantee, other policy of insurance, or
bond, and the obligor will not be an Insured under this
Policy.
13. ARBITRATION (InAmbiu &Dalm dl
14. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached
to it by the Company is the entire policy and contract
between the Insuretl and the Company. In interpreting any
provision of this policy, this policy shall be consbuetl as a
whole.
(b) Any claim of loss or damage Mat arises out of the stall of
Me Title or lien of the Insured Mortgage or by any action
asserting such claim shall be resaicted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenbated by an authored person, or
expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made
a part of this policy and is subject to all of its terms and
provisions. Facept as the endorsement expressly states, it
does not (i) modify any of Me terms and provisions of the
policy, (i) modify any prior endorsement, (ii) extend the
Date of Policy, or (y) increase the Amount of Insurance.
15. SEVERABILITY
In the event any provision of this policy, in whole or in part, is
held invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision or Such part held to
be invalid, but all other provisions shall remain in full force and
effect.
16. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges Me Company
has underwritten Me risks covered by this policy and
determined Me premum charged therefor in reliance upon
the law affecting interests in real property and applicable to
Me interpretation, rights, remedies, or enforcement of
policies of title insurance of the juristlicdon where the Land
is ocated.
Therefore, the court or an arbitrator shall apply the law of
the jurisdiction where the Land is located to determine the
validity of claims against the Title or the lien of the Insured
Mortgage that are adverse to Me Insuretl and to interpret
and enforce the terms of this policy. In neither ase shall
the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought
by the Insured against Me Company must be filed only in a
Hate or federal court within the United States of America or
its territories having appropriate jurisdiction.
17. NOTICES, WHERE SEM
Any notice of claim and any other notice or statement in writing
required M be given m the Company under this policy must be
given to the Company at First American Title Insurance
Company, Atm: Claims National Intake Center, 1 First
American Way; Santa Ana, California 92707. Phone: BSB -
632 -1692.
Form 5032191 (2-15-18) age 6 of It 0-HRO PL -05 ALTA Loan Policy of Tide Insurance (&17-06
Oregon
'` Loan Policy of Title Insurance
1"lt5f 1`lII1B1YC8t1
ISSUED BY
First American Tide Insurance Company
Schedule A POLICY NUMBER
3721467
Name and Address of Title Insurance Company:
First American Title Insurance Company, 1 First American Way, Santa Ana, CA 92707.
File No.: 7191-3721467
Loan No.: 8501499833
Address Reference: 197516th St, Springfield, OR 97477
Amount or Insurance: $200,000.00 Premium: $910.00
Date of Policy: June 18, 2021 at 10:12 a.m.
1. Name of Insured:
Umpqua Bank, it's successors and assigns, as their interests may appear, as defined in the paragraph
entitled "Definitions of Terms" contained in this Policy.
2. The estate or interest in the Land that is encumbered by the Insured Mortgage is:
Fee Simple
3. Title is vested in:
Neal L Moore and Shed E. Moore, Trustees of the Moore Residential Trust, u.a.d December 28,
2018, or to such Successor Trustee as such trust created under such instrument as may hereafter be
appointed
4. The Insured Mortgage, and its assignments, if any, are described as follows:
Deed of Trust/Mortgage
Grantor/Trustor:
Neal L. Moore and Sheri E. Moore, Trustees of the Moore
Residential Trust, u.a.d December 28, 2018, or to such Successor
Trustee as such trust created under such instrument as may
hereafter be appointed
Trustee:
First American Title Insurance Company
Grantee/Beneficiary:
Mortgage Electronic Registration Systems, Inc., acting solely as
nominee for Umpqua Bank
Original Amount:
$200,000.00
Dated:
June 15, 2021
Recorded:
June 18, 2021
Recording No.:
2021-040348
5. The Land referred to in this policy is described as follows:
Beginning at an iron pipe marling the Southeast corner of the William Spencer Donation Land Claim
No. 50, in Section 25, Township 17 South, Range 3 West of the Willamette Meridian; thence West
1233.0 feet along the centerline of County Road No. 1141 to a point; thence North 669.30 feet along
the centerline of Janice Way to the True Point of Beginning; thence continue North 202.7 feet along
the centerline of Janice Way to the 'T' thereon; thence Fast 130.0 feet along the centerline of Janice
Way to a point; thence South 20.0 feet to an iron pipe on the South right-of-way line of Janice Way;
thence continue South 182.7 feet to an iron pipe; thence West 100.0 feet to an iron pipe on the Fast
Farm 5032141 (2-15-18) age 7 of 11 OTIRO PL -05 ALTA Loan Policy ofTltle Inmmnre (6-17-06
0.9.1
right-of-way line of Janice Way; thence West 30.0 feet to the Place of Beginning, in Lane County,
Oregon.
EXCEPTING THEREFROM that portion conveyed to the City of Springfield by instrument Recorded
September 24, 1976, Reel 813R, Reception No. 76-50089, Lane County Oregon Records.
NOTE: This legal description was created prior to January 1, 2008.
Wrtn 5032141 (245-38) age 8 of 1L 040.0 PL -05 ALTA Loan Policy of TNe Insumrrce (&17-06
0 n
6. This policy incorporates by reference those ALTA endorsements selected below:
[ ] 4.1-06 (Condominium)
( ] 5.1-06 (Planned Unit Development)
[ ] 6-06 (Variable Rate)
[ ] 6.2-06 (Variable Rate --Negative Amortization)
[ X ] 8.1-06 (Environmental Protection Lien) Paragraph b refers to the following state
statute(s): None
[ X ] 9.10-06 (Restrictions, Encroachments, Minerals)
[ ] 13.1-06 (Leasehold Loan)
[ ] 14-06 (Future Advance -Priority)
[ ] 14.1-06 (Future Advance — Knowledge)
[ ] 14.3-06 (Future Advance -Reverse Mortgage)
[ X ] 22-06 (Location) The type of improvement is a Single Family Residence, and the street
address is shown above.
RM 5032141 (2-15-18)age 9 of 11 OTIRO PL -05 ALTA Loan Pofiq ofInde Insurance (6-1]-06
OR00
First American
le BI
File No.: 7191-3721467
Loan Policy of Title Insurance
ISSUED BY
First American Tide Insurance Company
POLICY NUMBER
3721467
PART I
EXCEPTIONS FROM COVERAGE
Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the
Company will not pay costs, attorneys' fees, or expenses that arise by reason of:
1. Water rights, claims to water or title to water, whether or not such rights are a matter of public
record.
2. City liens, any applicable irrigation district, and any other applicable service district.
3. liens and assessments of any applicable owners' associations.
4. Agreements, if any, which appear in the public records, related to future assessments obligations not
yet of record.
5. Covenants, oond'Rions, and restrictions affecting title, if any appear in the public records.
6. Easements, if any, which appear in the public records or are shown on any recorded plat.
7. Any reservations of minerals or mineral rights, including teases of said rights appearing in the public
record.
FOM 5032141 (2-15-18) r
Be 10 of 11 O IRO RL4)5 ALTA Laen Poky of Title Insurance (6-37-06
Loan Policy of Title Insurance
First American
ISSUED By
First American Title Insurance Company
Schedule BII POLICY NUMBER
3721467
File No.: 7191-3721967
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters,
and the Company insures against loss or damage sustained in the event they are not subordinate to the
ben of the Insured Mortgage:
None
Farm 5032191 (2-15-18) rellofil OnRO PL -05 ALTA Loan Poliry of Title Insurance (617-06