Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Deed APPLICANT 3/9/2022
/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" ma PRELIMINARY TITLE REPORT AMENDED CASCADE ESCROW January 13, 2021 ATTN: NADJA DUDISH Report No: 0324663 811 WILLAMETTE STREET Your No: EU20-4018 EUGENE, OR 97401 Seller: SCHAFFNER PROPERTIES LLC Buyer: NIX SNEDEKER COMPANIES, LLC PRELIMINARY REPORT FOR: Owner's Standard Policy $440,000.00 PREMIUMS: Owner's Standard Premium $1,230.00 Gov. Lien/Inspect Fee $35.00 We are prepared to issue 2006 (6/17/06) ALTA title insurance policy(les) of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, in the usual form insuring the title to the land described as follows: 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. Vestee: SCHAFFNER PROPERTIES, LLC Estate: FEE SIMPLE DATED AS OF: DECEMBER 23, 2020 at 8:00 A.M. Schedule B of the policy(les) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS (Standard Coverage Policy Exceptions): 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown 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, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. No liability is assumed hereunder until policy has been issued and full policy prenuum has been paid. MAIN OFFICE FLORENCE OFFICE VILLAGE PLAZA OFFICE 811W LAIv1=SM 715N 101' FLORENCE OREGON 97439 47% VD,LAGE PLAZA LOOP SUNS 100 EUGENE, OREGON 97401 MAI G: PO BOX 508" FLORENCE OREGON 97439 EUGENE, OREGON 97401 PB: (541) 6872233' FAX: (541)1854)307 FII: (541)997-M17•FAX: (541 978246 FII: (591)653-8622•FAX: (541)844-1626 Order No. 0324663 Page 2 4. 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. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records. SPECIAL EXCEPTIONS: 6. 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. 7. Easement, including the terms and provisions thereof, granted the Oregon State Highway Commission and the City of Springfield, for slope easement and for storm drains recorded July 18, 1966, Reception No. 1966-054410, Lane County Oregon Deed Records. B. Deed of Trust, including the terms and provisions thereof, executed by Schaffner Properties LLC, 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. NOTE: Taxes, Account No. 1190261, Assessor's Map No. 17 02 35 3 1, 44900, Code 19-00, 2020-2021, in the amount of $1,488.79, PAID IN FULL. NOTE: A judgment search has been made on the above named Vestee (s) , and we find NONE except as set forth above. NOTE: As of the date hereof, there are no matters against HIM SNEDEKER COMPANIES, LLC, AN ALABAMA LIMITED LIABILITY COMPANY, which would appear as exceptions in the policy to issue, except as shown herein. NOTE: This report is being amended to remove former exception nos. 8 through 10. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. Cascade Title Co. mm: Title Officer: KURT BEATY T CASCADE TITLE CO. MAP NO. 17-02-35-31 11200 NE CgJ3-- �H0k'AS'TM-AVNARO DLC 44 4900 I 1.48AC i a --KWE`�` n• � r TS• 52 16$06 1 nen rzy 11no6 6TYt�N �� f�ff7T• ' \ABY '°� a IVICKENZIE V� THIS 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 THE 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. , $ � — ----- — B ( ! � it j5 r . Ftjo . l,,X 7®z \� k�j \ . ! /@| )JE 3 ©`®\ §/Ic U) ii �"!P; P' A�� ✓ �xv `�PPK"���Co Wiz}. Z�S y�t 9 J ad;' a `�;,` i �' " Aga: :;`S.m•es�"g"s; gt n J .®oe Xqp 9p PrS y T ...,,, p � F Ea•-�NgPus:ay•?'s�as`�g ai a '8 lwFRvgg g�s o l c a i : a� � d 9 �wvnEs"�}��; �ss•&g x� Y � m � $ ¢ m F q m '. I m � a. h' gWWI )� •�• ; � .spa €�•S�F ��g EX��9a6"��a � � � � a CE"s4 g ;eu F --. �oromro emm- t 3a� SHH � igP9 W - � $ses S g •9$• = m ® F" 99 )6yk s sl pp m !�q k7\§ §., � z Q;9» m,|m ))k 3 \ ef■ |H7e :® , |� N r 2 m m m J � o 2 T N D 9 J 9 N S Gl 9 T a i r N Z O r`� pv _ a r al mz � v ITl R, q a fi c a n m z e_ m Z 7 E N 7 r IX o (n 0 e z mr w E � m O N 3 T � y W m N r 2 m m m J � o r "" >2tiA Hr�FFr a a" tv y �w�m . ➢ �. z� v h fa't 6 a x4u 5 n$ = v p s s G r 45s$e5 dig a y v ;� grF � ¢6 ese ag�v ~ o IJ c4sf.-4€ e e azs, e.vs qa6 s4 srg g a fTl a R�2 2a K O i.i 0 '63`45.,.. per. n41'i q'• 0 N p r ON Z N D r HE 5 Iso; Se.GRie ^fi G?:`a� m m Oq'p m. li JJI kk 4k EF /..'.0 Jul 't4%k V fn F3 ^«\`r«aa :\ ((\ z s M §}\} �Z� ! c-� -- r— ?: ! 19th $L'reeGi ]l6Y 9;seat Section MCKen ¢fe Highway s - - Apcdon, Incy In u -sideration of the mutual benefits to be darived between the undersigned IIS ,and the Stat°e of Oregon, by and through its 0regonState Highway Commission and the City of Springfield, a .municipal corporation, itis M1exe&y.6agreed that the Oregon State Nighwey Commission, its agents, employees, and,. contractoors�,rmey enter upon the real psoparty owned by the undersigned as described in Bee+6=2j8, Page 863 Lane County Dead Racorda, for e distance not to exceed 5' & lot feet parallel Co the existing tight of wayofthe McKenzie Highway, to finish slopes and where required an additional 300 der four to provide eeorm drainage facilities along the said highway, end further, it is hereby agreed that the City of Springfield, its egenes, employees and cohtraatops;;mmy enter upon said veal property after c nstruction_to maintain said_stotmdrainage facilities, prnvidiag: 1. The slopes will be finished in a workmanlike manner and will not exceed in -" steepness two (2) feet horizontal to ona'(1) foot vertical. . 2. Existing road approaches will be r-econstructad where disturbed. 3. Any n ary maintenance of any storm drain@ge facilities including -catch bat 'ilt"slled an grantor's property for the purpose of removal of surface water may be done by the City o£ Springfield. The State Highway Cowmissio- ' will not be responsible for said operation or maintenance. 4:. Shrubs o oche provemenes within the slope area will be pertl far'.e follows: �o Utah between Stations -60 and 3W-60 to be covered or improved. - 3: other conditions: - ark, and any payments to be made hereunder, the mdarai,r, .lease the State Highway Commission from any further -claims merest covered 'herein. / No P E Ny ) f[ e- I oG MFR MCORJI1p a. man C-TLZ q,'U16 KM 6YGOf iIIIF PAMPyry ��at I ' n1wYlwmEsr.. E4GExE. oRmw1 EQU-240,2 RECORDATION REQUESTED BY: OREGON PACIFIC BANK EUGENE BRANCH 975 OAK ST. SUITE 625 EUGENE, OR staff Lane County Clerk Lane County Deeds Racarit. 1016.041430 WHEN RECORDED MAIL TO: and OREGON PACIFIC BANK FINANCIALA SERVICES CENTER IIIIII III )III 1111111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIII IIIIII III II III $77 00 1365 xlcxwav lot FLORENCE, OR 0]039 01595655201600414300040072 08/25/4016 01:28:51 SEND TAX NOTICES TO: R9 RPR—DTR Britoil Btn=90 CASHIER 01 OREGON PACIFIC BANK $35.00 SIO.00 $11.00 $21.00 FINANCIAL SERVICES CENTER 1365 HIGHWAY 101 FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated August 18, 2016, among SCHAFFNER PROPERTIES LLC whose add... is PO BOX iD233, EUGENE, OR 97440 (''Grantor"); OREGON PACIFIC BANK, whose address He EUGENE BRANCH, 975 OAK ST, SUITE 625, EUGENE, OR 97401 lneferred to below sometimes as "Lender" and sometimes as "Beneficiary"(; and CASCADE TITLE COMPANY, whose address is 811 WILLAMETTE ST, EUGENE, OR 97401 (referred to below as''Trustee'). CONVEYANCE AND GRANT. For valuable cmdd mr n, represented in the Note don! Annual 10, 2016, in the oNgnal prireivaI amount W $133,019.87, fiom Grantor or Lends, Grantor conveys to TmGse for the benefit of Under as Beneficiary all of Grantor a right, title, ontl Interest In and to the following described real property, barye ear with all existing o submgnently ear card o affixed buildings, imm Pramenls entl IlAures; all easements, pUrns of way, and appurtenances: all water, water rights and ditch rights graluding stock In at tries with ditch or irrigation rights): and all other rights, amenias, and profits relating 1. the mel pryPrny, including wrNout limitation all people oil, gas, geothermal and similar matters, (the 'Real Property'') located In LANE County, State of Oregon: LOT 1, MCKENZIE HILLS, AS PLATTED AND RECORDED IN FILE 72, SLIDES 19, 20 AND 21, LANE COUNTY OREGON PIAT RECORDS, IN LANE COUNTY, OREGON. The Real Prupeny or its address is commonly known as 72ND In MAIN, SPRINGFIELD, OR 97477. The Real Property tax identification number is 1190261. Grantor presently seagne to Lender (also known m Banefloery In the Dead of Trust) all of Grantor's right, title, and Interest In entl to all present and future leases of the Record, and all Rents from the Property. In addition, Grantor grams to Lander a Uniform Coromandel Crude security interest in the Personal F opatly and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY 6 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEOMESS AND NK PERFORMANCE OF ANY AND ALL OBNGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Sampan as otherwise provided in this Dead of Trust, Grantor shell pay to Lender all amounts secured by this of Trust as they become due, and shall strictly and In a timely manner perform all of Grantors obligations under the Note, this Deed of Trust, and the Related Documents POSSESSION AND MAINTENANCE OF THE PROPERTY. Greater agrees that Grantor s po proonan and use of the Property ahall he Against by the following P^T'dionm PordAdJPn and Use. Used the occurrence of an Event Of Default Grantor may Of remain in possession and control of the Property; (h nee, ansate m manage the Property: and AGI collect the Rents from the Property. The following Provisions relate H iM1e use of TM1e Pmleny or m other limitations on Pont BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE5TO1ABOUT THE PERSON'S RIGHTS IF ANY, UNDER ORB 195.300, 17, 196.301 AND JOE OREGON TO 196.336 AND SECTIONS 6 TO it, CHAPTER S. OREGON LAWS 20TH SECTIONS 2 T 9 AND 1T, CHAPTER855, E OF OREGON LAWS 20D9. AND SECTIONS 2 R T. NT IN VI B, TION ON LAWS 2010. THIS INSTRUMENT NOES NOT ALLOW USE OF THEIN OR C DESCRIBED O IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND SHOULD BH THE SIGNING IA ACCEPTING THIS TY PL INSTRUMENT, THE PERSON ACQUIRING VERIF FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE LAWFULLY E CITY OR CLOTTY PLANNING DEPARTMENT HS VERIFY THAT THE UNIT O E LAND BEING APPROVED USESTRANSFERRED IS E LAWFULLY ESTABLISHED LOT OR PARCEL, S DEFINED UI ORS AGAINST OR MING tR FO VERIFY THE S,AS USES OF THE LOT OR PARCEL. TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARM ANG OR ,IF AN PRACTICES, AS DEFINED IN ORB AND 19 AND TO IN ED ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS IF ANY, DNS 2 ORB 195 AND 117, CHAPT95 ER AND OREGON TO 195.336 AND SECTIONS 5 TO 11, CHARTER ata, OREGON LAWS 211OT, SECTIONS 2 TO 9 AND 1]. CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 0, OREGON LAWS 2010. Duty to Maintain Grantor shall maintain the Property in tenantable condition and promptly perform all mpabs, mplacemerms, and maintenance necessary 10 preserve its value. COmpliance WO Environmental Laws. Grantor represents and warrants to Lender that'. (1) During the period of Grantor a ownership of LM1a Property, there has been na as, generation, manufacture, sewage treatment. c eposo al release r threatened release of any Hamrdaus Substance by any Verson on, untler, show or from In Pmperty, 12) Granger he. no knowable of or reason ro believe that there has been, except as preNmrsly d,,,I, ed to and acknowledged by Leader in writing, (a) any branch or Violation of any Environmental Laws, FU any pace, generation, musurnaturs, storage, t t disposal, planar or threatened release Of any Hazertl ms Subsbnce on, under, about Or from tire Property by any Prior occupants of the Property, or (c) any actual or res ]sort ihRaLened Italan'n or claims of any kind by any person relating to such matters' and 13) Except as previously Jshim ad to and acknowledged by Lender in writing, la) neither Grantor nor any tenant, contractor. , agent or other auterseed user of the Property I Par'¢nearee., manufacture, atom, treat dtepose of or release any HazardousBoeing ce fry under, about ar from the Property; .,,it Cal any such ark ity shall be conducted in Isampliense with all u phenside lea 1, state, antl local laws, regulations and Ordnance& including without Insulation all Envlronmanael Laws_ Graniw authorizes Lender and Its agents to enter upon the Property make Such inspections and tens, at Q—tor c expense, as tender may deem apperpriate, to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tens made by Lender shall be for Lender's purposes only and shall not he concerned to creaW te any resnsiblllty or liability on the pan of Lender to Grantor or to any other person. The representavons and warranties contained retain are based on Grantors due diligence In Investigated the Property for Hazardous Substances. Grantor hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other cc sots under any such laws; and (2) agrees to Indemnify, defend, and hold harmless Leader egromet any end all claims, losses, liabilities, damages, penalties, and expenses which tender may directly m Indirectly sustain or suffp resulting from a brah of this section of the Oead of Trust or as a consequence of any use, generation, drnufacture, storage, disposal, release or threatened release occurring pHorto Grantors ownership or Interest In the Properly, whether or not the some r shmold have been known to Grantor. TM1e frrOvisinns of this Section of he Deed Of Tats, including the obligation t0 indemnify and defend, shall e he pivoted of ebe Indebtedness and me Sansfection and mcenveyanc, of the an of this Deed of Trust arra shall not be affected by Lenderfactorsof any interest in the Property, ba her by mroclosure or otherwise. Nuisance, Wash. Grantor shall nm Cause, conduct or permit any nuisance nor commit, permit, or suffor any stripping of or waste on DEED OF TRUST (Continued) Page z or o the Property or any portion of the Property. Without limiting the company of the foregoing, Grantor will notremove, or grant 10 any other party the right d re any umber, mol included of and gaol, coal, clay, scoria, Boll, gravel or rock products Without Lander's prior written carbon, Removal of Reassembles.. Other ,hall nal dernmeam Or remove any Improvements from fie Real Property without Lender s prior ' t As a conded, to the removal of any Improvements Lentler may require Grantor to make arrangements satisfactory toLeader to replace such Improvements with Improve m ens of at learn equal value. Lender's 16ght to Enter. Lender and Lender s agents and representatives may enter plead the Real Pmperry at all reasonable times to attend to Lentlers interests and to inspect the Real Property Ler purposes of Grantor's compliance with the terms and conditions of this Dead o1 fear. Compliance wide Governmemal Requirements. Grantor shall promptly comply with all laws, ordinances, and hommation . how or hereafter in effect. Of all governmental authorities applicable to Live use or occupancy of fie PmpeM.iatiding witnoW kerne len the Americans With Dlsabllhles Ase Grantor may contact In good faith any such law, amended, or regulation and withhold compliance during any proceeding, nclud'mg appropriate appeals, do long as Grantor has notified Lander in writing prior to doing so antl .long n Lenders Sale opinion, Lender Interests is the Property are not im pardized Lentler may require Grantor to post adequate Security ora surety bond reasonably Satisfactory, to Lenderr to protect Lender'sncest. Duty m Protect. Grantor agrees neither to abandon or leave uneuenced the Property. Grantor shall do all other acts, Ia addition to those outs set forth above in this aoepon, whim from the character and use of the Properly are reasonably neo mw to protect and ,ran... the Property. DUE ON SALE CONSENT SY LENDER. Lander may, at Lander s option, declare immediately due and payable all sums secured by this Dead of Trust upon the sale Onransfer, without Lender a prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer' means the conveyance of Re al Property or any right, title or interest in the Real Property: whether legal, beneficial or equitable; whether voluntary or Involuntary, whether by outright sale, deed, installment sale contract, land mmmet contract for deed, leasehold Interest with a farm greater than three 131 years, Ieaeeopeon contract, or by sale, assignment, or transfer of any heneficiel interest in or to any land trust holding tide to the Real Property, or by any other method of mnveyanm of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer else includes any change in ownership of more Inc. twenty -Me (¢Want Gripi of the voting stoop joet-ohs Interests Or Full IiabOiTy company interests, as the case may be, of such Gran or. However this option chat 1 not be exemided by Lander IT such razed., la prohibited by federal law or by Oregon law. TMES AND UENS. The Following provisions relating to the taxes and liens on the Property are pan of this Deetl of Trust star . Grantor shall pay when due (and In all events priter1. college ... ys all taxes, spacial taxes, assessments, charges(including water and sewed. fine and impositions levied against or on account of the Property, and shall pay when due ull claims fur work done on Or for services rendered or material furnished A the Property Grantor shall maintain the Properly free of all liens having pdodty Overr equal to the informal of Lender under this Dead of True[, except Ler the Tian of taxes and assessments nut due and except as anaerobic provided in this Deed OF Trust. NgM to Cortin[. Grantor mey withhold payment of any tax, puldeconcent, Or claim in'owith a goad faith dispute Over the Obligation to pay, so long as Lower a interest in the Property is not jeopardized. If alien ansesor is filed as a result of nonpayment, Gmnmr shag within fifteen n 8) days after the lien adan or, if a gen is tied, whom fifteen (18) bays after Grantor has nonce of the file,, sean.lle dive dirge or the gen, Or requested by Lender, deposit with Lander cash or a sufficient corporate surety bond or Other Security satisfactory to Lender in an amount sufficient to discharge the lien plus any fined and attorneys fees, or other charges that comb acaua as a result of a forudosme w Sala under Ina len. In say center Grantor shag defend itself and Lender and shag atisfy any adverse judgment hernia enforcement against the Property. Grantor snag name Lender as an additional omig¢e under any surety bond furnished In the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assommanis and shall authorize the appropriate governmental official W deliver t0 Lender at any time a carmen statement of the taxes and assessments .mains[ the Property. Notice W CDnsducPon. Grantor Shall notify Lender at least fifteen (151 days before any work Is cert any die furnished, or any materials are supplied to the Schaefer a if anv mem.mc'e loan, proem l . loan, or after Iran could ba asserted oa Lenaunt Of assurances, work, aeices, or materials. Grantor will upon request Of Lander furnish to Lander ad—assurances satisfactory to der that Grantor can and will pay the coal of such Improvement._ PROPERTY DAMAGE INSURANCE. The following provisions all ting to insuring the Property are a part of this Deed of Tru W. Maia...— of Inwranm. Grantor shah procure and maintain policies of fire in with x standard extended c arae¢ endorsements on a fair value basis for the full Insurable value covering all lmpr omens on theefwm Properly In an amount sufficient endvoid appgcaflon of any coinsurance clause, and with a standard mortgagee cls m as in favor of Lender. Grantor drag also po)Cpre maintain countersued— general liability n,a,OLm in such aovemg¢ amounts as Lender may reqs at with Trustee and Lander hemp named as additional Insureds in Such foully inan die policies. Alcatel Germans, shah maintain num o other insurance. including but not limned to hazard, business interruption, antl boiler insurance, as Lender may reasonably require. Policies shall be In farm, .moume a-magm and basis reasoea blv acceptable m Lender and issued by a company or companiesreasonably ccopmble to Lentler Grantor, upon request Of Lander, will daryour to Lender from time totime the amicus or certificates of insurance in form mtufattory to Lander, included aled1l tions that coverages will not be canceled w diminished without at least thirty (30) days prim wdtW, i o Levier. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by anomimion 0r dere nu of GrantOror any other person. Should the Real Property be IOcatetl In me a,- dmignated by the Administrator of the Federal Emergency Management Agency as a Stall flood hazard area, Grantor agrees to Obtain and maintain Federal Flood Insurance, if available, within 6E days after dirlca Ia given by Lander than the Properly is located in a special flood Fazard area, for the full unPoid principal balance Of the loan and any prior liens on the property Lentlring the loan, up to The mm par limits set under the National Flood Insurance Program, or as otherwise required W e.. and to maintain such neutron. for the I.rot of the loan. AppleMIon of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof Of lass if Grantor fails to bo so within fifteen 11 h) days of the casualty. Whether or not Lender s mcuriry is impaired Lender may, at Lender's election receive and retain the proceeds of any insurance and apply the proceetls to the reduction of the Indebtedness, payment of any lien affecting the Properly. Or the restoration and repair of the Property. If Lander elects to apply the pecnds to reatoradon and repair, Grantor shall repair an replace the damaged or destr0yed Improvement is a manner satisfactory to Lentler Lender shall, upon aatialacery proof of such expenditure, pay or reimburse Udder from the proceeds for the reasonable cold of repair or estoration if Gra mor Is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first To pay any amount owing to Lender under this Deed of True, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any Thai after payment in full of the Indebtedness, such pram ds shall be paid to Grantor as Grantor aim Mmes may appear. Geral a Repoli on Insurance. Upon request of Lender, however Of moa than once a way, Grantor sham furnish to Lender a report ad each existing policy of insurance showing: It) the rime of the inaurcc 12) the risks ideal (3) the amount of the policy: (a) the property insured the then cwRnt embryonal value of such property, and the manner of determining that value, and EI the expiration date of the policy. Grantor shall, upon request of Lander, have an independent appraiser satisfactory be Lender determine the cash value replacement coat of the Property. TAX AND INSURANCE RESERVES. Subject to any limitations and consieent with any requirements set by applicable law, Lender may require Grantor to maintain with Lender reserves for payment OF annual beset, assessments, and insurance premiums, which reserves shall be created by an initial deposit and Satosh and monthly payments, or payments at exch other interval as payments under the Note may be due, of a sum estimated by Lander to be euRicieni to pay the total annual trams, assessments, antl insurance prtmiums Lender reasonably anticipates to he paid from these reserves. TM1e reserve funds shall be hold by Lander as a general deposit from Grantor, which Lander may .list, by payment of the taxes, aasenments, antl Insurance premiums required to be paid by Grantor as they became tlue. Lander shall DEED OF TRUST (Continued) Pape 3 have the right W draw upon the reaarve lends to pay such Ione, and Lentler shall nm he requiretl to determine the vaGday or accuracy of any item before paying it. Nothing In the Deed of Trust atoll be construed as requiring Lender to advance other monies for such purposes, and Lender shell not Incur any liability for anything it may do or oral to do with respect to the deserve account. Subleat to any Ilmitations et by applicable Isw, if the reserve funtls tliaclose a shenage or deflciency, Granter shall pay such shortage or deficiency as required by Lentler. All amounts in the reserve account are hereby pledged to further secure the Indebtedno%, and Leader Is hereby authorized to withdraw and apply such amounts on the Indebtedness upon The occurrence of an Event of Default Lender shall not be required to pay any interest or earnings on the reserve funds unless required by law or agreed to by Lentler In writing. Lender deep not LOS the reserve funds In trust for Grantor, and Lender Is not Grantor's agent for payment of the taxes and assessments required to be paid by Grantor. LENDER'S EXPENDITORES. If any action or proceeding is commenced that woultl materially effect L urges, a interest in the Property or if Grantor falls to comply with any provision of this Deed of Trust or any Al Docomants, mtluding but not limited to Glen,'. )allure ro discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Palated Dmumancy Leader on Grantor's behalf may (but shall net be eblished tot take any action that Lender deems appropriate, toludfng but not limited to dlmbmging or paying all Tracer Ions, security i,forest,, enummbences antl other claims, at any time levied or placed on the Property and paying all tests far insonng, main'ahring and preserving the Pmpertµ All au.IT expenditures Incurred or paitl by Leader for such purposes II than bear Interest at the rate charged under the Nate from the date incurred or paid by Lender to the dale of repayment by Grantor. All ooh expenses will bay.— a pert of the Indemednem and, at Lender's option, will IN be payable on demand; IGI he added to the balance of the Note and he apportioned among and be payable with any lnslelbnent payments to become due during shier (11 the form of any applicable insurance policy, or (2) the remaining term of the Note; or (0) be treated as a balloon payment which will be due ,it payable at the Note a maturity. The Dead of Trust eW will secure payment of these amounts. Such right shall be In addition to all ether rights and prompt to which Lender may he entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions agent to ownership of the Property are a part of this Deed of Tmsf Title. Grantor warrants that'. (a) Grantor holds good end marketable title of record to the Property in fee simple, Gee and clear of all liens and encumbrances other than those net fonM1 In the Real Property description or a any .,Is insurance policy, title report, or real title opinion issued in favor of, and accepted hy, Lender in connection with this Deed of Trust, and Ibl Greater has the full right. power, and authority to execute and deliver this Deed of Trust to Leader_ Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the tide to the Properly against the lawful Galina of all persons. In the event any action or preceeding is commenced that questions Grantor'a title or the interest of Trustee or Lender under This Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lentler shall be accrued to participate in the proceeding and to be encouraged in the proceeding by council of Lenders own choice, antl Grantor will deliver, or cause to be delivered, to Leader each Inetrumenu as Lender may dement from time to time m permit such participation, CompGnce Wide Laws. Grantor warrants that the Property and Grantors use of the Property complies with all existing applicable dews, ordinances, and regulations of governmental authorities. Survival of WpmwnWgo,s and Wnnmiae. All representations, warranties, and agreements mantle by Grantor in this Dead of Trust shell survive the executirm antl delivery of this Deed of Trust, shell be continuing in nature, and shall remain in full force and street until such time as Gmmor s Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings or. a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall pramptly notify Lender in writing, and Granter shall promptly take such steps as may he necessary to defend the action and obtain the award Grantor may be the nominal party in uah proceeding, but Lender shall beamitled to participate in the preceeding and to be represented in the proceeding by .an,-, of its own choice, and Grantor will deliver or cause to be del voted W Lender such Instruments and documentation as may be requesteJ by Lender from time to time to permit such partini ing-. Application of Net Proceeds. If all or any part of the Property Is condemned by eminent demein proceedings or by any proceeding or purchase in Iran of condemnation, Lender may at Is electron require that all or any portion of the net proceeds of the award be rallied o the Indebtedness or the repairOr nef the Property. The notpropped, of the award shall mean the award after payment Of all reasonable casts, expenses, and attorneys' fees incurred by Trustee or Lender In connec'ed, with the contlemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a pert of this Deed of Trust'. Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such roya le in addition to this Deed of Trust and take whatever mher ac aesletl ) de by Lender to perfect and continue Lender's Item on the Real Properly. Grantor shall imbume Lender for all taxes, described below, together with all expenses incurred in recording, performing or continuing this Dead of Trust, including without limitation all taxes, fees, documentary emmp, and other charges for recording or registering this Deed of Trust Tam. The, fallowing shall constitute taxes to which this section applies'. (1) a pal tax upon this type of Deed of Trust or upon all on any part of the Indebtedness secured by this Dead of Trust (2) a specific tax on Grantor which Grantor is authorised or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust (3) a Tax On this type of Deed of Trust chargeable against Ina Lender tar the holtler of the Nate; and 16) a specif'c tax our all or any portion of the Indebtedness or On payments of principal and interest made by Grantor. Senegal Tam. If any tax to which the station applies is enacted subsequent to the tlare of this Deed of Trust, this even) shall have the same Meet as an Event of Default, and Lender may exercise any or all of Its available remedies for an Event of Default as provided below unless Grantor either 11) pays be fox before it bewmee cabauent, or GO conlesta the tax as pmvil same, in the Taxes antl Liens action and deposits with Lander cash or a sufficiant corporate surety bond or other security satisfactory to Leader. SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions slating to this Deed of Trust as a security agreement are a part of this Dead of Truer. seder ,yAereumsan This instrument aaGermanyAli o e at.,, env of the properlya ehtlume, and Laudshml hof metgma . wom-ynrtyuntlertheUnifonto Commercial Code as amendetl lromtime to limn. Security lm . Upon request by Lender, Grantor shall take whateyar action is requested by Lender to perfect and continue Landers secturty interest In the came and Personal Property. In addition to recording the Dead of Trust in the real property recwtla. Lender may, at any time and without further autbon[ation from Grantor, file executed counterparts, copies or com oductions of this Ceed of Trust as a fine ncing statement Grantor mall reimburse Lender for all expenses incurred In perfecting or continning this security erest. Upon dcAult Grantor shall not ances, cover or detach the Personal Preperty, tram the Property Upon def-didef-diGreater Ifill assemble any Personal Property not affixed to the Pmpeny In a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt Of written demand form Lender to the extent permitted by applicable law Addresses. The mailing chambers of Grantor Idebler) and Lender (secured parry) from which information co erning the security mterest granted by this Deed of Trost may be obtained (each as required by the Uniform Commercial Code) are s stated On the fret page of the Dead of Trent. FURTHER ASSURANCES: ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorneyin fact are a part of this David of Trust: Further Assurances. At any Lima, and free time to time, upon request of Lender, Grantor will make, execute and tlellver, or will cause W be made, executed or delivered, to Lender or to Lender s designee, and when requested by Lender, cause to be filed recorded, refiled, or statement as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all fucn mortgages, deed. of trust, security shall m unity agreement& financing statements, continuation i e in ants of urther aaauranca, eartificmes, and Omer dwoun era as may. In the -1. paimed of Lander. he ne essary for des'irablae in ..or m Wetuafo, complete, haricot, continueor prex me, (1) Granter's iddfi cos under the Note, the Dead of Trustand me Related DEED OF TRUST (Continued) Page a Documents, ane (2) the fend and secerRy unshaded created by his Dead of Trust a, east and prior gena on the Property, wbmber nowcaned hereafter acquired by Grantor. Unless prohmlted by law or Lender agreed m the cornmry m wdtmg. Grantor shag r;bw rs¢ Lander for all costa and expenses Incurred m connect;on with the matters rehhred to In this paragraph. At rneyin.Fant If Grantor falls to do any of the things Carried to In the preceding against, Lender may N so for and I, tire name of Grantor and at Grantor a expense Fa such purposes. Grantor hereby Irrevocably appoints Lender as Grantor's attorney Imfact for the purpose of making, executing. d¢Iivenng, hang, recording, and doing all other things as may be necessary Oh desirable, in Lender d sole opinion, to accomplish the matters referred to in the prompting paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor ander this Deedof Trust, unpaid shall ex cull. and deliver to Trustee a request for full renvayance and shall execute and deliver to Gran Burford Aatarmnts of tonation of any financing statement on Isle evidencing Leader a security In in the Rents and the Personal Property. Any reconveyance, foe required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT, Each Of the fallowing, at Lender s option, shall constitute an Event of Default under this Dead of Trust Payment Delaun Grantor badly to make any payment when due under the Indebtedness. Other Defaub. Grantor tails to comply with or to l»rlmm any othe, term,obligation, covenant Or condition contained in this Dead of Trust or an any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lander and Grantor. Compliance DefauN. Failure to comply seat, any other from obligation . covenant or condition combined in this Deed of Trust the Nolle or in any of the Related Documents. Defauh an Other PrymaMe. Failure of Grantor within the time required by this Dead of Trust to make any payment for taxes or mwrance, oh any other payment necessary to prevent filing of or to effect discharge of any hen. kni in Fever M Third Pardee. Should Grantor default under any loan, extension of crad'n, security agreement, purchase or sales agreement, or any other agreement, in favor of any what creditor On person that may materially affect any of Grantor's property or Ganger a Shindy to repay the Indebtedness or Grantor s modify to perform Grantor', obligations under this Deed of Trust or any of the Related Documents. Falx Statements. Any warranty, representation or Statement made or fitt;dhetl to Lander by Grantor or on Grantor's behalf under this Deed of Truce or me Related Documents is false or balancing in any material respell, either now or at the time made or furnished w becomes false or misleading at any time thereafter. Defective Collat.mllmdon. This Deed of Trust or any of the Reland Documents ceases in be in hell force and effect financing fortune of any cogmared document to create a valid and perfected secerRy i [coast or lien) at any time add for any ha.-,,. Death or fndobenw. The establish of Grantor a (regardless of whether election to continue is made), any member withdraws from IM1e limited Iiablliry company, or any other termination of Grantor's existence as a going business or IM1e death of any member, IM1e andolver of Grantor, the appointment of a pecoves, for any part of Grantors properry, any assignment far the benefit of creditors, any ,so of creditor workout, or the commenceneent of any proceeding under any bankruptcy or awlvency laws by or against Grantor. CKdMor ar porkMrte actuatlings. Commencement of Loneliness On fwfame, proceedings, whether by judicial pru^eeding, self-help, repossession orany other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. The includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lentler. However, the Event of Default shall not apply if them Is a good faith dispute by Grantor as to the validity or rea emebereas of the claim which is the basis of the creditor or forfeiture proceeding and ;f Grantor gives Lender written nodce of the creditor or forfeiture produced, and deposits with Lender monies or a surety bond for the creditor or forfe¢ure prvceedire, in an amount determined by Lender, ;n its able discretion, as Leine an adequate reared or bond for the dispute. Preach of Met Agreement. Any breach by Grantor under the terms of any other agreement between GmMor and Lender fiat Is at remedied vch;n any grace period provided therein, including without limitation any agreement concerning any indebtedness or other Obligation of Grantor to Lander, whether existing now w lager. Ewnte Affecting Guarmtw. Any of Na preceding events with respectes lany Grammof any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes w disputes the validity of, or liability under, any Guaranty of the Indebtedness. Advent Change. A material adverse change occurs;,, Grantor's financial condition, or Lender hapgeves the prospect M payment or performance of the Indebtedness is impaima. InxcarN. Leader in goad faith lafevesaaalf,secure Pight do Cure If any default, Other man a delaad a payment is curable and if Gee mot has not be,,, give,, a not of a meacr, of the me provdion of this Deed of Trust within IM1e preceding twelve 1121 months, it may be cured if Grantor, after Lentler sen& written notice to Grantor demanding curs Of such default. (11 andis the default within fifteen (151 Nys: M 12) if IM1e cure requires more than fifteen It h) Jays, immediately inhla,.a maps which Lander deems in Lander'a sole distortion to be safioient to aura the default and thereafter continues and completes all reawnable and neceawry steps sufficient to pradde, compliance as won as reasonably pmctioal. NGHTS AND REMEDIES ON DEFAULT, If an Event of Default occurs under the Deed of Trust, at any time thereafter, Tromso or Lander may exercise any one or more of the following rights and remedies'. Election of llemedies. Election by Lender to pursue any reined, shall not exclude pursuit of any other remedy, antl an election to make expanddures or to take acdan to perform an obligation of Grantor under this Deed of True, after Grantor's failure 10 perfume shall non affect Lender a right to desire. a default and exercise its remedies. A mid b Inaished Lana,, shall have me right opera without o Gra a declare the smite ISpir eanrss immediately due and Robins. includ ng any prepayment penalty which Grainer would be requima fo pay. Foretlosum With respect to all or any pare of the Rea) Property. the Trustee anvil nava the right to foreclose by notice and sale, and Lander shall tiara the right do foreclose by judicial foreclosure, in either case 'mpudenda with and m me full einem pro,;dal by appl;came law. If this Dead of Trial re se hlRcloa by judicial foreclosure, Lender ill he entitled to a judgment which will provide met ;f In. foreclosure sale Orocr,do ere insufficient to satisfy the judgment, execution may issue for the amount of the unpaid balance of the un,nort. UCC Remedies. With respect to all or any part of the Personal Properry. Lender shall have all the highto and hemediea of a wound Deny under the uniform Commercial Code. Coffil flents. Lender shall have the right, without nodce to Grantor to take possession of and manage the Property and collect IM1e Rents, including amounts past due and unpaid, and apply the a.I proceed; over and above Lender's coma, agemtl the adlide nce In furtherance of this rigM1t Lender may require any tenant or MM1er user of the Property, to make payments Of rent or use fees directly to Lentler. If the Rents are collected by Lender, then Grantor accumably designates Lender as Grantor's attornmirimfact to endnrm a,,strum radar received m payment thereof m IM1e n of Grantor and 1. negotiate thaw and collect the proceeds. Payments by mounts o other o Lander in responseo Lander'd demand Shall satisfy the obligations for whim the payments a made, whether or not any proper produce for the demand existed. Lander may exercise its rights under this subparagraph either In person, N agent, or through a receiver. Appoint Mnivrr. Lender shall have the right to have s receiver appointed to take possession of all or any part of the Property, with the power to prol¢ct and preserve the Property, to operate the Property precetling toweldenre or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may Serve without bond if permitted by law. Lenders right to the appointment of a recarver shall eve wharbor or not the apparent value of the Property exceeds the Indebtedness by a subseandal amount Employment by Lander shall not disqualify a person from serving as a DEED OF TRUST (Continued) Pi 5 Tenancy at Suffers If Grantor n poo of the Property after a Property is cold - provitled abov r Lender mama ceaaion r Ih conesery Lender for becomes ver oftled a posersan of No P operveLonde upon defoption, it er (1) pay Grantorson snail rental a e nano at eufropece of Lender the the purchaser tithe Propertyanda de atLenderop\ion. eitM1er 111 pay a reasonable rental for the use of the Property, or (2 vacate the, Pmpetly int metliately upon the demand of LenJ¢r. Other Remeaiw. Trustee or Lender shall have any other right er remedy provided in this Deed of Trust or the Nate or available at law or In equity. Notice of Sale. Lender shall glue Grantor reasonable notice of the time and place of any public sale of the Personal Pmperty or of the time after which any private sale or Other intended deposit of the Personal Property is to be matle. Reasonable nota ca shall mean notice given at Inner fifteen 115) days before the time of the sale or paposit on. Any Sala of rile Personal Property may be made in cojunction with any sale of the Real Property. Sale of t Property. To the cement permitted by appllca Ma law, Grantor hereby waives any and all rights to have the Propene arrallled. xe In exercising to r.onto and remedies, the Trustee or Lender shall be free to.11.1I ar any part of In. Properry together or separately, In one sale or by Separate sales. Lender shall he entitled to bid at any public sale on all or any portlen of trip Property. Aftarnefo Fees; Expenses. If Lumber Institutes any suit or acEan to enforce any of the terms of this Deed of Trlut, Lender shall be entitled to recover soon sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any volved, and m the extent not prohibited bylaw, all reaseneble expenses Lender incurs that In Lender's opinion are scaat any time for the protection of its interest ar the enforceenend of its rights shall become a part of the Indebtedness payable enry Demand antl anal( bear lnterem at the Note rate from the date of the expenditure until repaid. Pressure cov ered by this paragraph -ardeper without limitation, however subjectto any limits under applicable law Lender's attorneys' fees and Lancer's lagal expenses, whether or not there is a lawsuit, Inducing aUomeys' fere and expenses for bankruptcy proceedings lindudlng error to modify or ,stateany a r stay o inlunetionl, up... s, and any antidpatad pore-juagm aril collection A the cosi of scerebral noorice.Ohta rein, Nle reports(Including forowoead kaki surveyor' reports, and appraisal fees, tits insurance, and fees for tire asto e, to ma coolant permitted by applicable law. Grantor also will pay any court coats, m addition to all other sums prwhled by law. Flights of Trustee, Tromso shall have all of the name and duties of Lender as tet torn in this section. POWERS AND OB§IGATIONS OF TRUSTEE. The following provisions reladng to the powers and obligations of Trustee are part of this Dead of True, Powers M Trustee. In addition to all powers of Trustee arising as a matter of law, Trusts, shall have the power to take the Showing actions with respect to the Property upon the written request of Lender and Grantorlel join In preparing and hung a map or plat of the Real Property, ealu ding the tledo act of sVests or ubIrdirrightO to the public: ill loin in granting any easement overeating any ia�aaon neo Real Properly; and (cl loin In any subortlinalion or offer agreement affecting this Dead of Trust or the interest of ,l��aen tore D¢¢a of Tmre. OEfgationab Notley. Theal shag not be obxgatad to notify any other party ofd panting Sale under any ,he, ,.It aged or geq or of any aaiao or proceeding in which Gramoc Lender, re Tmmee Shall he a party, unlace the action or pmceands, is brought by Trac re. Trustee. Tmand §nag meet at qualifications required for Trustee under applicable law. In addition to Me rights and remedes set forth above, with respect Po all or any pan of the Proporry, the Trustee Shall have the right to toreclam by nice end sale, and Lender shall M1ave the right to foreclose by ludaIf fomdoput , in either ease In accordance with and W the full extent prwidetl by Implacable law. Sucarsasor Trust Lender, at Lender's option, may from time to time oppose a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office Of the recorder of LANE County, Beata of Oregon, The instrument Shall contain, In addition to all other matters mgoiood by state law, the names of the argued Lender, Troon and Grantor, the book and page where this Deed of Trust is recwaeir antl in. name and address of the succ.I-r trustee. and the int t shall be executed and acknowledged by Lender or groups. TM1e su or trustee, without onveye ncrof the Property snail succeed to .1I be tole, power, and duties onmmmd upon the Trustee in this Deed of Trust and by applicable law. This procedure, for wbvitutlon of Tmatee thall govern to the exclusion of all other provisions for subs llwtlen. NOTICES. Any notice required to be given under this Deed Of Tru at, Including without limitation any rates OI default and any notice of sale shall be given in writing, and shall be efactive when ac ually delivered when readily received by Mlrfacsimile (unless otherwise required by law), wnen deposited wir a nationally recognized evemight-near, or, if mauled, when d.,.,iad Ta In. Tia ed States mall, as firm class, certified or comptored mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of rareaoaure from the border or any gen which bas priority over this Dead of Tran shall be sent to Lender'a address, as Shown near the beginning of this Deed of Trust Any peon may change Its address far nmmrs under this Deed of Trust by giving formal wduen notice m the Other pertiee, S,alf", mat the purpose of the notice Is to mange the parry's address. For notice purpope, Grantor agrees to keep Lender informed at all times of Grantor s current add—, Unless other.,.. turfed or rearmed by law, If there is more than one Grantor, any notice given by Lender to any Grantor is deemed to he notice given to all Grantors. APPRAISAL. If at any time during the term of the Dead ofTrust the Lender, in the reasonable exercise of judgment, determines that it Is likely that thea he, been a material adverse change in this value of the all Property, Lentler may obtain, at Borrower's expense, an approach of the Real Property prepared by an appraiser aalislactary to Lender and in a farm and Substance satisfactory to Lender. COMPLIANCE WITH CONTROLLED SUBSTANCES LAWS. Grantor hereby agrees (1) not to anter sm, consent to or permit any lease, subleesr, license or other agreement relating to, or otherwise permit the use or Occupancy of the Property far a Controlled Su oymn ds Use or in any manner that violates or could violate any federal or state Controlled Substances Lawr, including, without limitation, any business, Iretlons, financial bansa d— or try, activities related to Controlled Substances ora Controlled Sub$Wnoe Use that vlolffie or letl 6ubst could violate any Couracon- Lawe(mlledH¢Iy, "Drug -Related Afivlties'). 12) net to engage In any Drug Related kingu tee (3) thto ake any payments to Lender from lends derived from Drug Related Actens, hullo provide to Lender, frons time to lifted, within irtyret(30) days after Lenl a requesttharefor, any information that Lender reasonably roque a, relating to compliance whn this Seaton, ,., � .r.,.e _ .,I-- — ,...ee_e....... .._ ...a ............, ,d ma o .......... ......a.:,,...e.. n mrmhihit .m., cmr,t.Onrn sadmanye Lawsmeans the Fall controlled Substances Act 121 U.S.C. §§ BDt et seed or any other aimdar or Plated federal, state or local law, rad- e, Code, rule, agLlatloq or order, ill) 'Controlled Substances means marijuana, cannabis, or other .....led substanoea as defined in the Federal Controlled Seldom. a Act or that otherwise are illegal orregulated under any Commitee Substances Laws; antl (illl 'Controlletl Subsdncos Use' m any cul5vation, growth, c omtl n, putlion, manufacture sale, Jstnbution, recorder linger, bantlg, wssesalon, or arty, nae of a Controlled Substance- The pr vis,onsof this Section shall apply notwithstanding any state or local law permitting the Cantrollad Substances Use Or Cantonal Activities. Notwithstanding any previa ion in any Loan Document to the contrary, no direct or indirect disclosure by Borrower to Lender Or any person affiliated with Lender, and no knowledge of the Lender of any person eifllood with fie Lender, of the existence of any Drug Related Activities or Controlled Substance Use on, in or about the Property shall estop Lender or waive any right of Lender to invoke any remedy tmae the Loan Documents for violation of any provision hereof related to the prohibition of any DmgReladed Activities or Controlled Substance Use on, in or abom the Properry. The foregoing shall apply twithOaneing the receipt or execution of an Estoppel Certificate or a Subordination, ra 0isturbance, or Andersen, AAPement or other document from or with any tenant of Berower engaged in such prehibiteJ activity. MISCEWNEOUS PROVISIONS. The following miscellaneous provisions Lou a part Of this Deed of Trust: A.SMm..., This Deed of Tmor I ... Their with aa, Related Documents, gmdq Wtes the entire understanding antl agreement of the par,,$ tle to the matters set forth in Mas Deed of Trust No alteration of or amendmentto this Deed of Trust shall be effective unless .given in writing and sig nod by the party or parties sought to b¢ Charged or bound by the alteration or amendment. Annued Reports. It the Property is used for purposes other than Gee mors residence, Grantor shall furnish W Lender upon r ... Our a certified statement of net operating i ncome and Teal fmm the property during Grantors previous fiscal year in Seen farm and Jetad as DEED OF TRUST )Continued) Page 6 Lamer shag rewire. Net Operating 'm Chau mean an case m -Mor from me Fuel less ail Doan evpendbures made Ia nnec ion with mo operation of me Proper Been- Headings. Caption neadmgs 1n this Deed of Trust are for ...co ienee purposes only and are net to be used to interpret or nags. the pmv..... of this Dead of To.., Meryar. There shag be no merger of the mNreg An .Crate Created by this card of Treat with any .,her interns n am... in he Property at any Time held by or for the benefit of Lender in any Capacity, without the writtee Concent of Lender. Goveming law. This Dallas of TmY will b r governed by hul l law applicable m Lender and, te the S rt rwt preempted by federal i Me laws M the State of Oregon without regard W its cm iets of law provisions. This Dead a Trainhasbeen ecceMed by Ugandafu the Sts of Oregon. .home of vmua H mere is a lawsuit, Grantor agrees neon Lender a request or submit to the jurisdiction of the courts of LANE County, date.) Oregon. No Waiver by lender. Lender shag not he deal to have waived any rights under this Deed of Treat unless semi waiver is given In writing and signed by Lender. No delay or omission an the part of Lender in exarci9.ng any right shop Operate as a waiver .f such right or any other right. A waiver by Leader of a Talilon of the Dead of Trust shell not prejudice or conalltuts a waiver of Lender right otherwise to goal small Compliance with that provision Or any other provision of this Deed of Trust. No prior waiver by Lander, nor sty course of dealing between Lender and Grantor, shall consiWle a waiver of any of Lander'a rights or of any of Grantor s obligations as to any future tonamolons. whenever the Cansem of Lender is ryured under this Deed Of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withhold in the sole discretion of Lender. SS-.Nry. If a court Of Fompeanl jurisdi.ohm finds any mays— of this Deed of Trust 10 be illegal, invalid, or unenforceable as to any prcumstenee, that finding shall not make the Claude, pmvuion Illegal, image, or unenforceable os to any other circumstance- If feasible, the offending povison shall he considered modified so but g becomes legal, valid and enforceable. If the offending provmion .Ann., 1» A. mmifad, It shell be Considered darden from if.. Deed of Trust. Unless cumnvisx required be law, the iIT invalidity, or unenforceability M any provision of this Dead of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Succeswrs antl Assigns. Bob,.., to any limitations stated A this Dead Of Trust on transfer of Grantor's int tore , tis Deed of Trust shall be bottling upon and inure to the benefit of the gamey their auccessore and assigns. If ownership of the Properly becomes Closed in a pwrson other than Grantor, Lander, without notice to Grantor, may deal with Grantor a successors with reference t. this Deed Of Trust antl Iba Indebtedness by way of frchrumance m extension without releasing Grantor from the obligations of this Dead of Trust or liability untler the Indebtedness. Time is of the b Oce. Time Is of its oswnce In the pedmmance of this Deed of Trust. Waive Jury. All pmdea o thin Dead of Trust hereby mate the Slight to any jury List in any aodon, pmaeedin s, or ceumemlaim 6 ght by any parry against any other gm . Warner of Homestead Banking . Grantorierey releases and waives all ixmc rights and negts of the homead exemption laws of the S, of Oregon as to all mnehmdne s secured by this Dead of Trust. Com mWi Dom of trust Grantor agrees with Lander mnaahis Deed of Trust a aonunemial dead of bust and that Grantor will not mane, the use of the Property without Lender's prior written a.naem. DEFINITIONS. The following Capitalized words and terms shall have the following meanings when used in this Dead of Trus. Unless specificalry stated o the contrary, all references o dollar amounts shall n an lawful money of me United Slates of Amedes. wmfin and terms used in the singular shag include the plural, and the plural shall) ieeinm the singular, as the context may require. woods and Lerma not Otherwise defined in this Dead of Tom shau have the meanings andbNad to such terms in the Uniform Commercial Code: Beswficiary. The word' Beneficiarymeans OREGON PACIFIC BANK, and Its successors and assigns. pmrower. The wood Dencwer' means SCHAFFNER PROPERTIES LLC and includes all co-signers and no makers signing the Note antl all their succesmrs and assigns, Deed W Tran. The words 'Deed Of Trust' mean this Deed of Trost a ong Grantor, Lander, and Tmatee, and Includes without Iindadon all assignment and security Interest pro vni ora relating to the Personal Property and Pants. Detun The ward "Default" means the Default set orth In this Dead of Trust in the section titled "Default'. EnvimoMem l laws. The words "Envimnmental Laws' mean an, and ell state, federal antl Sound andu es, reguledons and ordinances relating to the protection of human health or the a vent including without limitation the Comprehensive Envim rr anal Response, Compensation, antl Liability Act of 1980, as ended, 42 11.S.C, Section 9601, a seq. i-CRECtA'f, the Small and Reauthorization Act of 1986, Pub. L. Noa994991"SAHA'I, the Hazardous Material, Transportation Act, 49 U.S.C. Section 18011 et eaq., the Reaul Conservation and 9ecovery Act 42 TSC. Section fi901, a , am o the, applicable agate Or Federal laws, rules, or regulations adopted pursuant thereto or intended to protect human health or environment. Event W Default TM1e words 'Event of Default" mean any of the events of default Set forth in this Dead of Trust in the events of default section of this Dead of num. Gemor. The word "Grantor' means SCHAFFNER PROPERTIES LLC. Guamnar. The word 'Guarantor moans any guarenlwr mr. ,or accommodation party of any or all Of the Indebtedness. Cua anty. The ward "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of TM1e Nor.. HsnWw. Sub nces. The wortls 'Hazardous Substances' m materials that, hecause of their quantity, concentration o physical, chemical o Infectious characteristics, may cause or poseae present or potential hazard to human health m me environment when imprapay used, treated, stared, disposed of. San ... led, m nuncturm, tit -sported o otherwise handled. The wall ^Hamrdous Substances ^ used m their very broadest a and include without gmimdor any and all hazardous o auhsances, materials o s defined by or Asea under the Environmental Laws The term 'Hazardous Substances Talso gal Mout amiation. pettroleum, including crude oil and any fraction thereof and asbestos. Impro a er . The word 'Improvements moans all existing am fall,. Improvements, Caldron Structure., mobile homes al on the Ran l Prepety, 1.1tio e, addi6ona, Pre- rents and other cansuummn on the Real Property. Indebtedness. The word "Indebtedness' means all principal, a and other urns, coats and expenses payable noun, the Not. or Related Documents, together with all rnnewale of,.xanaionsreitmodlnagion Of, a.amgdau..a of and si betgalrona for Note o, Related Documents and any amounts expended or advanced by Lender to discharge Grantor a obligations Or expenses,red by Trustee or Lander to enforce Grantors obligation, under this Dead .f Trus, together with Interest on such amounts as vidIn this Dead of Trust. Lender. The word "Lander' means OREGON PACIFIC BANK, its successors and assigns. N Theword "Note meas the pct omisey note dated August 18, 2016, In the Original principal ....a Of $133,019.8] fmm Standard Lender, Together with all renewals of, witenaions oL modifications of, refi.ancl.gs Of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Now is December 19, 2021. Personal PmperM The words 'Pgsenel Property' area,, all equipment, fixtures, and other articles of pommel property now hereafter owned by Grantor, and n or hereafter atachad or ofkm to the Real Property; together with all accession., pArm And additions to, all replacements of, and all Imitation ... for, any of sash property; and Weather with ail proceeds (including without limitation all insurance proceeds and refunds of pare tmal from any sale o, other disposition of the Property. Pmperry. The ward "Property' means collectively the Real Property and the Personal Property DEED OF TRUST )Continued) Page J Heel Prapem. The words "Heal Property" mean the real proper. infamous and debts, as further assented In this Used of Trust. Helrt Documents. The words 'Related Documentsm n all promissory notes, cradle agreements, loan agreements, environmental agreemanis, guaranties sa emy agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other ms rumen , agreements ane documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word 'Rents means all present and INure rouse manner ,come, Raue6, oldliea, prolie3, and other benelie6 a0ived from the Pmpedy. Trustee. The word "Trustee" means CASCADE TITLE COMPANY, whose address Is 911 WILLAMETTE ST, EUGENE, OR 97601 and any basemme or terrorist- trustees. GRANTOR ACHNOWLEDGES HAVING READ ALL THE PROVIWNS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: SCHAPFNER PRO IS LLL By: PAULA mMrWD H4 NFR PROPERTIES LLC Ry' NATHR C CN IEP, em CI - FNS ER PROPERnFS LLC LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF C"Po 1 � h 1SB COUNTY OF L UV -W- 1 0l) the LVk day of i>�IJ(.� -, PO IL,� haeme me, 11e nndera,pred Notary Pudlic, personally appeared PAUL H SCHAFFNER, M11e_m—hes_aI SCHA ER PROPERTIES LLC and KATHRYN C SCHAFFNER, Member of SCHAFFNER PROPERTIES U.C. and known m me to be members he happened agents of the intuited liability company lost executed the Deed of Trust and acknowledged the Deed of Trust in he ibe free antl vnlunlary act and deed of ihe limited liability company, by aulherity An autos of oraandation or Its opemtmg agreement sertbauaea and purposes mere, mannoned, sod on 0111 Matetl that Illy h oto e,,L,trle /mi, Lord of Trust and In Can executed In, Dead of Trust on Labor at the limned lmomty tenth By 1 SAX Rel x Lylln Noury POMro hiens far Me Sdte of Olit m My nnmmiatinn expi". rlo ((lA,/Inl.I o 1-1 REQUEST FOR FULL RECONVEYANCE (To be used only when obligation have been paid in full) To: Trustee The undersigned la the legal owner and balder of all Indebtedness secured by this Deed of Trust All sums secured by the Deed of Trust have been may paid and satisfied You are hereby directed, upon Payment to you of any sure owing to you under the terms of this Lord of Trust or pursuant to any applicable statute. W cancel the Note abroad by this Deatl of Trust Iwb'ch is entered to you together with this Deed of Trust), and to rfapenw, , without w only, to the parties designated by the terms of this Dead of Trap the estate now held by Van under the Deed of Time, Pleem ,..if t[,a wer meore.ce and Red atstl Dorman. to Bens! bry: Leal Ver. 16 2.10.016 Cop, D I H USA Corporation 199; 2018. All Right, Apprised. - OR L oCRA-i GDLFC Tell 1633 Pull