HomeMy WebLinkAboutDeed APPLICANT 9/5/2008 (2)
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After Rec~rding RetUrn'To
First American Title
PO Box 10146
Eugene. OR 97440
'When recorded return to Dave Elkins,
'Northwest Community Credit Uni'on, P.O. Box
70225, Eugene, Oregon 97401
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lane Counly Deeds and Records 200~.00509~
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01/29/2008 11.:07:00 AM
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DEED OF TRUST
DATE AND PARTIES. The date ot this Deed Of Trust (Security Instrument) is January 14. 2008. The parties
and their addresses are:
GRANTOR,
RANDY S. MCDOUGALL
244 39th Street
Springfield. Oregon 97478
TRUSTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON
a Corporation
600 Country Club,Road
Eugene. Oregon 97401
LENDER:
NORTHWEST COMMUNITY CREDIT UNION
Organized and 'existing under .the laws of the United States of America.
P.O, Box 70225
Eugene. Oregon 97401
PRE-SUBM/ITAL RECD
SEP 5 2008
Randy S. McDougall
1. CONVEYANCE. For good and valuable consideration, the receipt and 'sufficiency of,"which is acknowledged,
and to 'secure the Secured Debts and Grantor's performance under this Security Instrument. Grantor
irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale,' the
following described property:
Real property in the C~)Untyot Lane, State of Oregon, described as follows:
BEGINNING,AT A POINT 1970.23 FEET EAST AND 901 FEET SOUTH OF THE SOUTHWEST CORNER OF THE
lUCINOA COMEGYS DONATION lAND ClAIM NO. 81 IN TOWNS'HIP 17 SOUTH. RANGE 2 WEST OF THE
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, WILLAMETTE MERIDIAN; RUNNING THENCE SOUTH 140 FEET; THENCE EAST 172.87 FEET TO THE WEST
LINE OF 39TH STH'EET; THENCE NORTH ALONG THE WEST LiNE OF 39TH STREET 140 FEET; THENCE
WEST 172.87 FEET TO THE POINT OF BEGINNING. IN LANE COUNTY, OREGON,
Tax Parcel Number: 0122273
The property is located In Lane Co~nty at 244 39th Street, Springfield, Oregon 97478.
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and
riparian rights: wells, ditches"and water stock, crops, timber. all diversion payments or third party payments
made 'to crop producers and all existing and future improvements, strucTures, fixtures, and replacements that
'may now, or at any time in the future, be part of the real estate described (all referred to as Property). This
Security Instrument will remain in effect until the Secured Debts and a/I underlying agreements have been
terminated in writing by Lender.
2. MAXIMUM OBlIGA nON LIMIT. The total principal amount secured by this Security Instrument at anyone
time will"not exceed $202,500.00. This limitation of amount does not inClude interest and other fees and
" charges validly made pursuant to this Security Instrument. Also. this limitation does not apply to advances
. made under the terms of this Security Instrument to pra:tect' lender's security and to'perform any of the
covenants contained in this Security Instrument.
.3. SECURED DEBTS. The term "Secured Debts" includes and t~is Security Instrument will secure each of the
following:
A. Specific Debts. The" following debts and all extensions; 'renewals, refinancings, modifjcal~ons and
replacements. A. promissory note or other agreement, No" " dated January 14, 2008. from
Grantor to lender, with a loan amount of $202,500.00 and maturing on January 15, 2018.
B. All Debts. All present and future' debts from Grantor to Lender, E;:ven if this Security Instr~rnent is not
specifically (eferehced, or if the future debt is unrelated to or of <l different type than this debt. If more
than "one person signs this Security "Instrument, each agrees thin it will secure debts incurred either
individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument
constitutes a commitment to make additional or lutureloans or advances. Any such commitment must be
in writing. In the event that. lender fails to provide any required notice of the right- of rescission, Lender
waives ahy subsequent sec,urity interest in,the Grantor's principal dwelling that is created by this Security
Instrument. This Security Instrument will not secure any debt for which a non-possessory, non-purchase
money security interest is created in "household goods" in connection With a "consumer loan, ". as those
terms are defined by federal law goyerning unfair and deceptive credit practices. This Security Instrument
will not secure any debt for which a security inter~st is created in "margin stock" and lender does not
obtain a. "statement of' purpOSe, ", as defin.ed and required by federal law governing securities.
C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security
Instrument.
4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in
accordance with the terms of the S.ecured Debts and this Security Instrument.
5. WARRANTY OF TITLE. Grantor warrants' that Grantor is or will be lawfully seized of the estate conveyed by
this Security "Instrument 'and has the right to irrevocably ,grant convey and sell the Property to Trustee, in
trust, with power of sale. Grantor also warrants that the Propert'y is unencumbered, except for encumbrances
of record.
6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trus1, security agreement or
other lien document that created a prior security interest or encumbrance on the Property, Grantor .agre-es:
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Grantor receives from the holder.
C. Not to allow any modification or extension of, nor, to request any future advances under any note or
agreement secure~ by the lien document without Lender's prior written consent. .
7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments,
ground rents, utilities, and other charges relating to the-Property when due: lender m"ay r~quire Grantor to
Randy S_ McDovgnJJ
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PRE-SUBMllTAL REC'O
SEP 5 2008 .
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Exhibit A
Real property in the County of Lane. State of Oregon, described as foliows:
I3EGINNING AT A POINT i970.23 FEET EAST AND 90lFEETSOUTH or THE
SOUTHWEST CORNER or THE LUCINDA COMEGYS bONA TION LAND CLAIM
NO, 81 IN TOWNSHIP 17 SOUTH, RANGE 2 WESTOF THE WILLAMEITE
,MERIDIAN; RUNNING THENCE SOUTH i40 FEET; THENCE EAST 172.87 FEET'
TO THE WEST LINE OF 39'11 STREET; THENCE NORTH ALONG THE WEST
LINE OF 39'" STREET 140 FEET: THENCE WEST 172.87 FEET TO THEPOINT OF
I3EGiNNING, IN LANE COUNTY. OREGON. .
Tax Parcel Number: 012p73
PRE~SUBMllTAL REC'O
SEP Ii 2008
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After RecordingRc~ To
. First American Title .
PO Box 10146
Eugene, OR 97440
/ii~ision of Chief Depuly C'erk---200000~099~
Lane County Deeds and Records O. ~ .
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, 01/29/2008 11:07:00 AM
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Alicr recording rClUmlO:
. AmeriTil]c .
] 255 Lee Slreet SE. Suite J 10
$alcm, OR 9730i
Unlilolhcrwisc requested, send
tux,S{.l!cmcnls to:
Randy S. McDougall
. S.ECOND TRUST DEE;D ,
'THIS SECOND TRUST DEED. made this 1-" day Ofjo.""o.VV\ ',2008. between
Randy S. McDougall,'as Grantor, t:.-1;chaei J. Martinis. a licensed Oregon 'aJorney in good standing.
as Trustee. and Brunn~r Capital, LLC, an Oregon Limited Li<lbility Company, as Beneficiary.
. W I,T N ESSE TH:
Grantor irrevoC<ibly grants, bargains, sell.s and conveys to Trusree in trust, with power of
sale,. the property,;n Lane County, Oregon, described as;
Beginning at a point '1970.23 feet East and 901 feet South of the Southwest corner of the Lucindu
Comeg\'s /)onation Land Claim No. Sf in Township /7 South, Range 2 West of rhe Willamelle
Meridian; running thence South /40 feel: thence East /72.'87 feet to fhe West/ine of 3~h Sfreel:
rhence NIJrlIz.along,lhe West line of 39" Streel 140jeet; thence West 172.87 Rei ro the point of
b(~gi,mil1x. in Lane Cowuy, Orewm.
Tax Parcel Numhe-": 0122273
SURJECTTO;
I. The rights of the public in and to that portion of the premises herein described iying
wit.hin the iimitsot' streets, roads and highways, '
2. ,Easement, including terms and provisions contained therein:
Recording Inrormillion: November 02. 1940 in Volume 207. Page 247
In Favor of: Mountain States Power Company, a Delaware cOflJoration
For: Power line
3.
Easement. inch~ding terms and provisions contained therein:
Recording Information; March 12. 1963. Reception No, 2670
In Favor of: City of Springfield
For: Public Utilities
PJgc 1- SECOND TRUST,OEED
PRE.SUBMI1TAL REC'O
SEP 52008
Maninis&Hill
I 10 Madmm.l Avenue S.E., Salem, Oregon 97302
(503) 566.5800
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4, Deed of Trust and the terms and conditions thereof,
GrantorfTrustor: Randy $, McDougall
GranteeIBeneliciarylLender: Northwest Community Credit Union
Tr'ustce: First American Title Insurance Company of Oregon
Amoun!: $202,500.00
Dated: January 14,2008
The above-named Grantor docs hereby agree to continue performance of'allterms and
provisions of the aforesaid Deed of Trust, including, but not limited. to making all
required puyments thereunder; and hold and save the Beneficiary named in this Second
Trust Deed harmless therefrom, ' The parties agree that should Grantor default' in
. performance of any of the terms and provisions of the aforesaid Deed of Trust, such
deTaultshall also constitute a default in performance of the terms and provisions of this
Second Trust Deed. enabling the herein named Beneliciary to exercise any and all
,available remedies to it provided by this Second Trust,Deed and Oregon law. including.
. but not iimited to. payment of any past-due installments under the aforesaid Deed of
Trust and charging the,same back to the Grantor herein'named.
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together withal! and singular the tencments"hereditarnents' and appurtenances and all other rights
thereunto'beJonging or in anywise now or hereafter attached to or used in connection with said real
estate,
FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of Grantor
herein contained and payment of the sum of Thirty Thousand Dollars ($30.000.00). with interest
thereon according to the terms of a Promjssory Note of even date herewith, paya~le to Beneficiary
'or order and made by Grantor. the final payment of principal and interest thereof, if not sooner paid.
to be due and payable as set forth in the foregoing Promissory Note, a copy of which is attached t~
this Second Trust Deed, marked Exhibit A and by this reference incorporated herein.
The date of maturily of the debt secured by this instrument,is the date stated above on which
the final installment of said note becomes due and paya,blc. .
To protect the security oUhis S'econd Trust Deed. Grantor agrees:
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1. That air improvements now on or hereafter placed on the premises shall remain a
part of the rea! propeny and shall nol be removed at any time ,prior to th~ expiration of this
'agreement without the written consent of the Beneficiary. Grantor shall not c;ommitor suffer any
waste of the property Or any improvements hereafter placed thereon. or any landscaping of the
subject property, and shaH maintain the property and all improvements now on or hereafter placed
thereon and alterations thereof in good repair and condition. Grantor shall promptiy comply with ail
laws. ordinances. regulations. directions. rules and requirements of all govemmef!tal authorities
applicable to, the use or occupancy 'of the property, and in this. connection, promptly make all
rcquircdrepairs, alterations and additions,
Maninis& Hill
IlOM3drona Avenue S,E., Salem. Oregon 97302
. (503) 566-5800
PRE-SUBMIlTAL REC'O
SEP 5 2008
Pugc 2- SECOND TRUST DEED