HomeMy WebLinkAboutDeed APPLICANT 1/24/2023Ann: Susan Busche
P.O. Box 5756 CERTIFIED TO BE A TRUE AND
Boise, Idaho 93705 EXACT COPY OF THE ORIGINAL
Title Order No. 205244 -RD Stora 34, Springfield, OR WER PIO R, TITLE CO.
EscrowNo. 67351 r BY
STATUTORY WARRANTY DEED -
WmCo Foods, Inc., an Idaho corporation fomurly known a Warcma t, Inc., Grantor, convoys and
warrants to WinCo Foods, LLC, a Delaware limited liability company, Grantee, the following described
real property free of liens Rod encumbrances, except as specifically set forth herein:
For complete legal description, see Exhibit A, attached hereto and made a pert hereof.
This property is free of lines and enenmbmnces, EXCEPT:
• This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title,
which may appear in the public record, including those shown on my recorded plat or survey.
THIS INSTRUMENT WILL 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 APPROVED USES AND TO DETERMINE ANY LIMITS
ON LAWSUIIS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
The monetary consideration for this conveyance is $0.00; however, the actual consideration consists of
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After recording return for
Matthew M. Hicks
Holland & Hart LLP
101 S. Capitol Blvd, Suite 1400
else, ID 63702
Until a change is requested all tax statements -
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shall be sent to the following address.
WinCo Foods, LLC
Ann: Susan Busche
P.O. Box 5756 CERTIFIED TO BE A TRUE AND
Boise, Idaho 93705 EXACT COPY OF THE ORIGINAL
Title Order No. 205244 -RD Stora 34, Springfield, OR WER PIO R, TITLE CO.
EscrowNo. 67351 r BY
STATUTORY WARRANTY DEED -
WmCo Foods, Inc., an Idaho corporation fomurly known a Warcma t, Inc., Grantor, convoys and
warrants to WinCo Foods, LLC, a Delaware limited liability company, Grantee, the following described
real property free of liens Rod encumbrances, except as specifically set forth herein:
For complete legal description, see Exhibit A, attached hereto and made a pert hereof.
This property is free of lines and enenmbmnces, EXCEPT:
• This conveyance is subject to covenants, conditions, restrictions and easements, if any, affecting title,
which may appear in the public record, including those shown on my recorded plat or survey.
THIS INSTRUMENT WILL 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 APPROVED USES AND TO DETERMINE ANY LIMITS
ON LAWSUIIS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
The monetary consideration for this conveyance is $0.00; however, the actual consideration consists of
other value, given or promised.
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Effective April 1, 2004:
• WinCo Foods, Inc. an Idaho corporation
Ike Warernart, Inc.
Gary TR—iva, CF
STATE OF IDAHO )
COUNTY
'OFFA�ADA I ..
On this Oay of Marchi, 2004, before me, a Notary Public In and for said State, personally. appeared Gary
R. Five, 7TTTmmmmOwn or Identified to me to be the Chief Financial Officer of the corporation that executed the within"
Instrument or the person who executed the Instrument on behalf of said corporation, and acknowledged to me
that such corporation executed the same.
In witness whereof, I have hereunto set my land and affixed my official seal the day and year in this certificate
first above written.
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• Our No. 205244-RO
EXHIBIT "A"
Parcel 2, Land Partition Plat No. 95-P0778, as platted and recorded in Lane '
County Plat Records; Lane County, Oregon.
ALSO: Beginning at the most Northerly corner of Parcel 2, Land Partition Plat
No. 95 -?0778, Lane. County Plat Records, Lane County, Oregon, said point being
on the Southerly sight -of -way line of the "Q" Street Flood Channel; thence
leaving said Southerly right-of-way line, along the Northwesterly line of said
Parcel 2,South 37° 02' 57" Nest 141.17 feet;. thence South 52" 57' 03" East,'
20.00 feet; thence South 37. 02' 57" West, 283.92 feet; thence leaving said '
Northwesterly line of said Parcel 2, North 52" 56' 28" West, 272.80 feet to.
said Southerly right-of-way line of said "Q" Street Flood Channel;. thence
along said Southerly right-of-way line North 63" 43' 53" East, 354.03 feet to
the beginning of a tangent curve; thence along the arc of a 294.53 fpq
radius curve concave Southerly,through a central angle of 28° 13' 14" (the
long chard bears North 77" 50' 30" East, 143.51 feet) an arc distance of
145.07 feet to the Point of Beginning, Lane County, Oregon.
0
First American Title Insurance Company
National Commercial Services
200 SW Market Street, Suite 250
Portland, Oregon 97201
Escrow Officer: Rachael Rodgers
Phone: (503)795-7608
Fax: (866)406-9291
E-mail rrodgers@firstam.com File No: NCS-802283-OR1
Title Officer:
Phone:
Fax:
E-mail File No: NCS-802283-OR1
3RD SUPPLEMENTAL TITLE REPORT
2006 ALTAM ens standard Coverage
Lladllty
$
TBD Prerdum
$ TBD
2006 ALTA Owners Extarded Coverage
Llab'sity
$
ii
$
2006 ALTA larders Standard Coverage
Liability
$
Premum
$
2006 ALTA larders Exterded Coverage
Liability
$
Premum
$
ALTA leasehold Standard Coverage
Liability
$
Premum
$
ALTA leasehold Extended Coverage
Liability
$
Premium
$
Erdorsements 9, 22
liability
$
Premium
$
Cnvt Service charge
cost
$ 15.00
Mer
$
We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring
title to the following described land:
The land referred to in this report is described in Exhibit "A" attached hereto.
and as of July 06, 2022 at 8:00 a.m., title to Fee Simple Estate is vested in:
McKay Commercial Properties, LLC, an Oregon limited liability company as to Parcels I and
II and WinCo Foods, LLC, a Delaware limited liability company, as to Parcel III
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
This report is for Me exdusfve use of Me parses herein shorn and is Milrmary to Me issuarna of a
We insurance pdiry and shall benne vied unless a pdry is issued, and Me fdl prernirm paid.
nelirmary Report
Order Number. NCS -802283 -ORI
Page Number. 2
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.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of
existing improvements located on adjoining land onto the subject land), encumbrance, violation,
variation, or adverse circumstance affecting the title that would be disclosed by an accurate and
complete land survey of the subject land.
S. 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.
The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently
issued Standard Coverage Title Insurance Policy.
In order to remove these exceptions to coverage in the issuance of an Extended Coverage
Policy the following items are required to be furnished to the Company; additional
exceptions to coverage may be added upon review of such information:
Survey or alternative acceptable to the company
Affidavit regarding possession
Proof that there is no new construction or remodeling of any improvement located on the
premises. In the event of new construction or remodeling the following is required:
i. Satisfactory evidence that no construction liens will be fled; or
ii. Adequate security to protect against actual or potential construction liens;
iii. Payment of additional premiums as required by the Industry Rate Filing approved by the
Insurance Division of the State of Oregon
6. Water rights, claims to water or title to water, whether or not such rights are a matter of public
record.
7. Taxes for the fiscal year 2022-2023 a lien due, but not yet payable.
8. This item has been intentionally deleted.
9. This item has been intentionally deleted.
10. City liens, if any, of the City of Springfield.
Note: There are no liens as of April 18, 2017. Al outstanding utility and user fees are not liens and
therefore are excluded from coverage.
11. The rights of the public in and to that portion of the premises herein described lying within the limits
of streets, roads and highways.
first Amencan Title
Prelirmary Report
Order Number. NCS -802283 -ORI
Page Number. 3
12. Easements for utilities over and across the premises formerly included within the boundaries of 18th
Street, now vacated, if any such exist.
13. Limited access provisions contained in Deed to the State of Oregon, by and through its State
Highway Commission, recorded October 19, 1966, Reception No. 64160 Deed of Records, which
provides that no right of easement or right of access to, from or across the State Highway other than
expressly therein provided for shall attach to the abutting property.
And by Deeds recorded September 30, 1975, Reception No.'s 7542182 and 75-42183
14. Easement, including terms and provisions contained therein:
Recording Information: October 19, 1966, Reception No. 64161
In Favor of: City of Springfield
For: access road
15. Lease and the terns and conditions thereof:
Lessor: E H Robbins, Virginia D. Robbins and Donald C. Frisbie, partners
doing business as Timberlane Land company, in Eugene, Oregon
Lessee: Pay -Less Drug Store of Eugene, Inc., an Oregon corporation
Recorded: June 09, 1969
Recording Information: Reception No. 67777
First Addendum recorded September 30, 1975, Reception No. 75-42185.
The present ownership of the leasehold created by said lease and other netters affecting the interest
of the lessee are not shown herein.
16. Easement, including terms and provisions contained therein:
Recording Information: May 16, 1974, Reception No. 74-20353
In Favor of: City of Springfield
For: sanitary sewer, storm drainage and construction
A portion of said easement was vacated by Ordinance No. 6013, recorded January 31, 2003 as
Instrument No. 2003-008909.
17. Reservation of a public utility easement as disclosed by an Ordinance vacating a portion of public
property, recorded October 23, 1974, Reception No. 7445612 and as reserved in the Deed recorded
September 30, 1975, Reception No. 75-42183.
18. Lease and the terns and conditions thereof, as disclosed by Memorandum :
Lessor:
Center Developments Wash, LTD
Lessee:
Burger King Corporation, a Florida corporation
Recorded:
July 02, 1984
Recording Information:
Reception No. 84-27545
The Present ownership of the leasehold created by said lease and other netters affecting the interest
of the lessee are not shown herein.
19. Easement, including terms and provisions contained therein:
First Amencan Title
Prelirmary Report
Order Number. NCS -802283 -ORI
Page Number. 9
Recording Information: January 30, 1987, Reception No. 87-05217
In Favor of: The City of Springfield, a municipal corporation
For: storm drainage facility
(Affects Parcel II)
20. Lease and the teras and conditions thereof, as disclosed by Memorandum:
Lessor:
1985 Northwest Investors, Ltd, a California limited partnership
Lessee:
Schuck's Auto Supply, Inc., a Washington corporation
Recorded:
February 09, 1987
Recording Information: Reception No. 87-06415
The present ownership of the leasehold created by said lease and other netters affecting the interest
of the lessee are not shown herein.
21. Lease and the terns and conditions thereof, as disclosed by Memorandum:
Lessor: 1985 Northwest Investors, Ltd, a California limited partnership
Lessee: Schuck's Auto Supply, Inc., a Washington corporation
Recorded: July 10, 1987
Recording Information: Reception No. 87-29560
The present ownership of the leasehold created by said lease and other netters affecting the interest
of the lessee are not shown herein.
22. Conditions, restrictions, notes, dedications and/or additional easements, if any, as shown on the
recorded Partition Plat 95-F0778.
23. Cross -Easement Agreement and the terns and conditions thereof:
Between: McKay Investment Company, an Oregon general partnership
And: Warerert, Inc., an Idaho corporation
Recording Information: March 10, 1995 as Instrument No. 95-13917
Modification and/or amendment by instrument:
Recording Information: May 03, 2002 as Instrument No. 2002-034941
Modification and/or amendment by instrument:
Recording Information: September 13, 2019 as Instrument No. 2019-040053
24. Unrecorded lease and the terns and conditions thereof, as disclosed by Memorandum:
Lessor: McKay Investment Company
Lessee: Hollywood Entertainment Corporation, an Oregon corporation
Recorded: June 10, 1998 as Instrument No. 9844841
First Amencan Title
Prelirmary Report
Order Number. NCS -802283 -ORI
Page Number. 5
Unrecorded amendments, including the terms and provisions thereof, dated July 14, 1997, and July
28, 1997, as disclosed by said memorandum.
The present ownership of the leasehold created by said lease and other netters affecting the interest
of the lessee are not shown herein.
25. Assignment and Assumption of Leases (Springfield Mall) and the terns and conditions thereof.
Assignor:
McKay Investment Company, LLC, an Oregon limited liability company
Assignee:
McKay Commercial Properties, LLC, an Oregon limited liability company
Dated:
September 30, 2007
Recorded:
August 24, 2007
Recording Information:
Instrument No. 2 00 7-0 59 779
The present ownership of the leasehold created by said lease and other matters affecting the interest
of the lessee are not shown herein.
26. Lease and the terns and conditions thereof as disclosed by Memorandum of Lease.
Lessor:
McKay Commercial Properties, LLC
Lessee:
Mt. Hood Restaurants, Inc., an Oregon corporation
Term:
Expires on April 30, 2014, subject to the following unexercised extension
options: 3 options of 5 years each
Dated:
December 03, 2012
Recorded:
March 07, 2013
Recording Information:
Instrument No. 2013-012800
(Affects Parcel II)
27. Assignment and Assumption of leases and/or rents and the terns and conditions thereof:
Assignor: Mt. Hood Restaurants, Inc., an Oregon corporation
Assignee: GBMO, LLC, a Delaware limited liability company
Recorded: March 07, 2013
Recording Information: Instrument No. 2013-012801
(Affects Parcel II)
28. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or
encroachments, notes and/or provisions shown or disclosed by Short Plat or Plat Land Partition No.
2021-P3008 recorded under recording number 2021-034757.
29. Reciprocal Easements, Covenants and Conditions Agreement, including terms and provisions thereof.
Recorded: August 27, 2021 as Instrument No. 2021-056315
(Affects Parcel II)
30. Any conveyance or encumbrance by McKay Commercial Properties, LLC should be executed pursuant
to their Operating Agreement, a copy of which should be submitted to this office for inspection.
5mtAnrencan T&
Relim .n, Report Order Number. NCS -802283 -ORI
Page Number. 6
31. Unrecorded leases or periodic tenancies, if any.
The following Exceptions affect Parcel III:
32. Easement, including terms and provisions contained therein:
Recording Information: May 16, 1974, Reception No. 74-20352
In Favor of: City of Springfield
For: sanitary sewer, storm drainage and construction
A portion of said easement was vacated by Ordinance No. 6013, recorded January 31, 2003 as
Instrument No. 2003-008909.
33. Right -of -Way Easement, including terms and provisions contained therein:
Recording Information: July 26, 2002 as Instrument No. 2002-056615
In Favor of: City of Springfield, acting by and through its Springfield Utility Board
For: underground electric distribution line
34. Easement, including terms and provisions contained therein:
Recording Information: January 31, 2003 as Instrument No. 2 00 3-0089 10
In Favor of: City of Springfield
For: sanitary sewer
35. Unrecorded leases or periodic tenancies, if any.
36. Any conveyance or encumbrance by WinCo Foods LLC should be executed pursuant to their
Operating Agreement, a copy of which should be submitted to this office for inspection.
-END OF EXCEPFIONS-
First Amencan Title
Prelirrimary Report
INFORMATIONAL NOTES
Order Number. NCS -802283 -ORI
Page Number. 7
Note: We find no matters of public record against TBD that will take prionty over any trust deed,
mortgage or other security instrument given to purchase the subject real property as established by
ORS 18.165.
Note: Taxes for the year 2021-2022 Paid in Full
Tax Amount:
$149.79
Map No.:
17-03-25-42-01601
Property ID:
5683950
Tax Code No.:
01900
(Affects Parcel III)
Note: Taxes for the year 2021-2022 Paid in Full
Tax Amount:
$1,703.74
Map No.:
17-03-2542-01501
Property ID:
5553660
Tax Code No.:
01900
(Affects Parcel I)
Note: Taxes for the year 2021-2022 Paid in Full
Tax Amount:
$191.57
Map No.:
17-03-25-31-07703
Property ID:
5438914
Tax Code No.:
01900
(Affects Parcel II)
Note: Taxes for the year 2021-2022 Paid in Full
Tax Amount:
$591.17
Map No.:
17-03-25-31-07703
Property ID:
5545184
Tax Code No.:
01900
(Affects Parcel II)
Note: Taxes for the year 2021-2022 Paid in Full
Tax Amount:
$107,775.40
Map No.:
17-03-2542-01601
Property ID:
1528924
Tax Code No.:
01900
(Affects Parcel III)
Note: Taxes for the year 2021-2022 Paid in Full
Tax Amount: $27,657.70
5mtAm nr n T&
Prelirmary Report
Map No.: 17-03-2542-01601
Property ID: 5525702
Tax Code No.: 01900
(Affects Parcel III)
Note: Taxes for the year 2021-2022 Paid in Full
Tax Amount:
$29,893.59
Map No.:
17-03-2542-01501
Property ID:
1528916
Tax Code No.:
01900
(Affects Parcel I)
Note: Taxes for the year 2021-2022 Paid in Full
Tax Amount:
$16,293.39
Map No.:
17-03-25-31-07703
Property ID:
1912409
Tax Code No.:
01900
(Affects Parcel II)
Order Number. NCS -802283 -ORI
Page Number. 8
Note: This Preliminary Title Report does not include a search for Financing Statements fled in the
Office of the Secretary of State, or in a county other than the county wherein the premises are
situated, and no liability is assumed if a Financing Statement is filed in the Office of the County Clerk
covering Fixtures on the premises wherein the lands are described other than by metes and bounds
or under the rectangular survey system or by recorded lot and block.
Note: According to the public record, the following deed(s) affecting the property herein described
have been recorded within 24 months of the effective date of this report: NONE
Situs Address as disclosed on Lane County Tax Roll:
2090 Olympic Street A, B, C and E and 1611, 1665, 1667, 1671 and 1675 18th Street and 1810, 1920
and 1950 Olympic Street, Springfield, OR 97477
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE
WE KNOW YOU HAVE A CHOICE!
First Amencan Title
Preliminary Report Order Number. NCS -802283 -ORI
Page Number. 9
The following matters arc expressly excluded from the coveage of this polity, and the Company wW not pay loss or damage, pasts, aftma yi fees, or expenses
that arise by reason of.
1. (a) AM law, ordinance, permit, or governmental regulation (i incl udi mg Mose relating to Wall and zoning) restricting, regulating, prohibltirg, or relating to
(i) the orcuparcy, use, or enjoyment of the lard;
(a) Me character, dimensions, or location of any improvement erected on the land;
(ia) Me subdivision of land; or
(iv) ervirormental protection;
or the effect of any violation of Mese laws, ordinances, or govemnmtel regulations. Irms Exduscn 1(a) does not modify or limit the coverage provided
under Covered Risk S.
(b) My governmental pdire power. This Exclusion 1(b) does rot modify or limit Me coverage provided under Covered Risk 6.
2. Rights of erment domain. Irms Exclusion does not modify or Il mit the coverage provided under Covered Pnk ] or S.
3. Defects, lens, encurbamme, adverse clai mos, or other maters
(a) created, suffered, assumed, or agreed to by the Insured Claimant
(b) of Known to the Company, not recorded In the Public Records at Date of Pokry, but Known to Me Insured Claimant and not disposed in writing to the
Cor ear y by Me Insured Claimant prior to the date the Insured Claimant became an Insured under this pokry;
(c) resulting in no loss or damage to the Iran red Claimant
(d) attaching or created subsequent to Date of Policy (however, this does not modify or khat the coverage provided under Covered Pnk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unen(ons atiliry of the len of the Insured Mortgage because of the imbikty or faiue of an Insured to carply with applicable dong- airess laws of the state
where the land is situated.
S. Invalidly or unenforombildy in whole or in part of the ken of Me Insured Mortgage that arises out of the transaction evidenced by Me Insured Mortgage and is
Eased upon usury or any consumer credo protection or tmthtin4encing law.
6. My claim, by reason of Me operation of federal bankmptcy, state insolvency, or similar crediters? rights laws, that Me tareactnn
creating the len of Me Insured Mortgage, is
(a) a fraudulent comryanre or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this pokry.
]. My lien on Me Title for real estate taxes or assessments inposed by governmental authority and created or attaching between Date of Poll and Me data of
recording of Me Insured Mortgage in the Public Records. Irms Exclusion does of modify or Ni the coverage provided under Covered Pnk 11(b).
2 Amarl Land Title Association OMER POLICY- 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from Me coverage of this policy, and the Compam will not pay las or damage, cats, attameyi fees, or
expenses that adze by reason of.
1. (a) My law, ordinance, permit, or governmental regulation (inducing Mae relating to building and zoning) restricting, regulating, prohititirg, or
relating to
(i) the orcuparcy, use, or enjoyment of Me lard;
(a) Me character, dimensions, or location of any improvement erected on the land;
(ia) Me subdivision of land; or
(iv) envimrmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. Irms f clusim 1(a) does of modify or litrit the coverage provided
under Coveted Pnk S.
(b) My governmental pe ire power. This Exdusicn 1(b) does of modify or limit Me coverage provided under Coveted Poste 6.
2. Rights of etment domain. Irms Exclusion does not modify or What the coverage provided under Coveted Poste ] or S.
3. Defects, lens, enmrrbamme, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by Me Insured Claimant
(b) of Known to the Company, not recorded in Me Public Records at Date of Poll but Known to Me Insured Claimant and not disclosed in writing to Me
Cor Bary by Me Insured Claimant prior to the date the Insured Claimant became an Insured under pis poll
(c) resulting in no loss or damage to Me Insured Claimant
(d) attaching or created subsequent to Date of Poll (however, this does not modify or What the coverage provided under Coveted Risks 9 and 10); or
(e) resulting in loss or damage that would not have been susmi red If the Insured Claimant had paid value for the Title.
4. My daim, by reason of Me operation of federal bankmptcy, state insolvency, or similar creci ters. tights laws, that the transaction vesting Me Title as shown
in Schedule A, is
(a) a fraudulent comryanre or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Coveted Risk 9 of this policy.
S. My lien on Me Title for teal estate taxes or assessments inposed by governmental authority and created or attaching between Date of Pol'ey and
Me data of recording of Me deed or other instrument of framer in Me Pubkc Records that vests Title as shown in Schedule A
First Amencan Title
i
SrstAmill Title Insurance Company of Oregon
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006
EXCLUSIONS FROM COVERAGE
The following matters arc expressly excluded from the coveage of this polity, and the Company wW not pay loss or damage, pasts, aftma yi fees, or expenses
that arise by reason of.
1. (a) AM law, ordinance, permit, or governmental regulation (i incl udi mg Mose relating to Wall and zoning) restricting, regulating, prohibltirg, or relating to
(i) the orcuparcy, use, or enjoyment of the lard;
(a) Me character, dimensions, or location of any improvement erected on the land;
(ia) Me subdivision of land; or
(iv) ervirormental protection;
or the effect of any violation of Mese laws, ordinances, or govemnmtel regulations. Irms Exduscn 1(a) does not modify or limit the coverage provided
under Covered Risk S.
(b) My governmental pdire power. This Exclusion 1(b) does rot modify or limit Me coverage provided under Covered Risk 6.
2. Rights of erment domain. Irms Exclusion does not modify or Il mit the coverage provided under Covered Pnk ] or S.
3. Defects, lens, encurbamme, adverse clai mos, or other maters
(a) created, suffered, assumed, or agreed to by the Insured Claimant
(b) of Known to the Company, not recorded In the Public Records at Date of Pokry, but Known to Me Insured Claimant and not disposed in writing to the
Cor ear y by Me Insured Claimant prior to the date the Insured Claimant became an Insured under this pokry;
(c) resulting in no loss or damage to the Iran red Claimant
(d) attaching or created subsequent to Date of Policy (however, this does not modify or khat the coverage provided under Covered Pnk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unen(ons atiliry of the len of the Insured Mortgage because of the imbikty or faiue of an Insured to carply with applicable dong- airess laws of the state
where the land is situated.
S. Invalidly or unenforombildy in whole or in part of the ken of Me Insured Mortgage that arises out of the transaction evidenced by Me Insured Mortgage and is
Eased upon usury or any consumer credo protection or tmthtin4encing law.
6. My claim, by reason of Me operation of federal bankmptcy, state insolvency, or similar crediters? rights laws, that Me tareactnn
creating the len of Me Insured Mortgage, is
(a) a fraudulent comryanre or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this pokry.
]. My lien on Me Title for real estate taxes or assessments inposed by governmental authority and created or attaching between Date of Poll and Me data of
recording of Me Insured Mortgage in the Public Records. Irms Exclusion does of modify or Ni the coverage provided under Covered Pnk 11(b).
2 Amarl Land Title Association OMER POLICY- 2006
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from Me coverage of this policy, and the Compam will not pay las or damage, cats, attameyi fees, or
expenses that adze by reason of.
1. (a) My law, ordinance, permit, or governmental regulation (inducing Mae relating to building and zoning) restricting, regulating, prohititirg, or
relating to
(i) the orcuparcy, use, or enjoyment of Me lard;
(a) Me character, dimensions, or location of any improvement erected on the land;
(ia) Me subdivision of land; or
(iv) envimrmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. Irms f clusim 1(a) does of modify or litrit the coverage provided
under Coveted Pnk S.
(b) My governmental pe ire power. This Exdusicn 1(b) does of modify or limit Me coverage provided under Coveted Poste 6.
2. Rights of etment domain. Irms Exclusion does not modify or What the coverage provided under Coveted Poste ] or S.
3. Defects, lens, enmrrbamme, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by Me Insured Claimant
(b) of Known to the Company, not recorded in Me Public Records at Date of Poll but Known to Me Insured Claimant and not disclosed in writing to Me
Cor Bary by Me Insured Claimant prior to the date the Insured Claimant became an Insured under pis poll
(c) resulting in no loss or damage to Me Insured Claimant
(d) attaching or created subsequent to Date of Poll (however, this does not modify or What the coverage provided under Coveted Risks 9 and 10); or
(e) resulting in loss or damage that would not have been susmi red If the Insured Claimant had paid value for the Title.
4. My daim, by reason of Me operation of federal bankmptcy, state insolvency, or similar creci ters. tights laws, that the transaction vesting Me Title as shown
in Schedule A, is
(a) a fraudulent comryanre or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Coveted Risk 9 of this policy.
S. My lien on Me Title for teal estate taxes or assessments inposed by governmental authority and created or attaching between Date of Pol'ey and
Me data of recording of Me deed or other instrument of framer in Me Pubkc Records that vests Title as shown in Schedule A
First Amencan Title
Prelirmary Report Order Number. NCS -802283 -ORI
Page Number. 10
Exhibit "A"
Real property in the County of Lane , State of Oregon, described as follows:
PARCELI:
PARCEL 1, LAND PARTITION PLAT NO. 95-F0778, AS PLATTED AND FILED DECEMBER 28, 1995, LANE
COUNTY PLAT RECORDS, IN LANE COUNTY, OREGON.
PARCEL II:
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 3 WEST, WILLAMETTE MERIDIAN, CITY OF SPRINGFIELD, LANE COUNTY, OREGON, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 2, LAND PARTITION PLAT NO. 2021-P3008, AS PLATTED AND RECORDED MAY 24, 2021,
RECORDING NO. 2021-034757, LANE COUNTY OREGON PLAT RECORDS, IN THE CITY OF SPRINGFIELD,
LANE COUNTY, OREGON.
PARCEL III:
PARCEL 2, LAND PARTITION PLAT NO. 95-F0778, AS PLATTED AND RECORDED IN LANE COUNTY PLAT
RECORDS, LANE COUNTY, OREGON.
ALSO: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 2, LAND PARTITION PLAT NO. 95-
P0778, LANE COUNTY PLAT RECORDS, LANE COUNTY, OREGON, SAID POINT BEING ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF THE "Q" STREET FLOOD CHANNEL; THENCE LEAVING SAID
SOUTHERLY RIGHT-OF-WAY LINE, ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 2, SOUTH 37-
02' 57" WEST 141.17 FEET; THENCE SOUTH 520 5703" EAST, 20.00 FEET; THENCE SOUTH 370 02,57"
WEST, 283.92 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE OF SAID PARCEL 2, NORTH 520 56'
28" WEST, 272.80 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF SAID "Q" STREET FLOOD
CHANNEL; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 630 43' 53" EAST, 354.03
FEET TO THE BEGINNING OF A TANGENT CURVE; THENCE ALONG THE ARC OF A 294.53 FOOT RADIUS
CURVE CONCAVE SOUTHERLY, THROUGH A CENTRAL ANGLE OF 280 13' 14" (THE LONG CHORD BEARS
NORTH 770 50' 30" EAST, 143.61 FEET) AN ARC DISTANCE OF 145.07 FEET TO THE POINT OF
BEGINNING, LANE COUNTY, OREGON.
First Amencan Title