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Home My WebLink AboutApplication APPLICANT 5/20/2009 :City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Tree Felling Permit , ,- Applicant Name: Icompany: IAddress: IAPplicant's Rep.: Company: Dr. Mat Purvis , Phone: 541-485-0651 Springfield Dialysis LLC .Fax: 3355 Riverbend Drive, Suite 200 OR 97477 Phone: Fax: , Address: I Property Owner: Icompany: Dr. Mat Purvis 1, Phone: 541-485-065 I 53,490 Acres re Feet I2<'J I 1 I I I ..., I Springfield Dialysis LLC Fax: 3355 Riverbend Drive, Suite 200 OR 97477 IASSESSOR'S MAP NO: 17-03-26-24 I Property Address: 270 & 304 Q Street ITAX LOT NOeS): 1500& 1600 I Description of If you are filling in this form by hand, please attach your proposal description,:to this application. Proposal: See documentation for Site Review Submission of development, Case # PRE-2008-00068 I 0 Siq!1~tures: Plea~e si n and ~rint your name and date in the a ro riate box on the next '. . -. . ..- , '* ~ Associated Cases: 'Df(C J&"Cf' - 6()\:) (..if Icase No.: O((CZ.(~- 6602-0 I Date: r; /70/u'7 . IAPPlication Fee: $ Q'6 -r-ITechnical Fee: $ 40(.(..)'. Siqns': i ").;r....-h> Dr.. rclYVz' u Revie'wed by:) -1-z.yz.., I Postage Fee: $ /, c). ci~ TOTAL FEES: qL(.L) PROJECT NUMBER: ft2j - 0:D01 Date Re.ceived: MAY 2 0 2009 . Origins.! Sub:iiil':s:L Revised 1/1/08 Molly Markarian r 1 of 5 Signatures The undersigned acknowledges that the information in this application is ,correct and accurate. Applicant: t1k.~ cf. ~ Q- Signature . /"YIp ( I b)C L... 'p u-a.. rOJ :J7z Print Date: 57- 'Z.b -CJ 1 If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. Owner: . , Date: Signature Print f' t V t, V' Date Rec.eived: MAY 2 0""<":"9 :,L!,.siJ . Oripinal ~,.,hmittai Revised 1/1/08 Molly Markarian, 2 of 5 , .. , I i I '--T-, ---"---:-1---i~7<+<~';:,~----- J I ~/ ',./ ~ r j' I , ~, ''\;~ " , " ,'\ ,\ " X Iii " '\ ;. : " l(" '", " f'f'~ -~~_~~~/~~(-~-~---,->\,~:::/ II --,_~________/ II II II II ':,',',',/----~' i i ~ x "~f\ j..t~ti. " :: i ,':' l( ~:.- ----::-1 :: : -'-. .J -.~71tf(~ ~ , I I I . '. II I ~ ' , .. ' , I I I I 1 ~ :~,j,Jw"t{. ~,. I ,> \?' 1~! i '(n,D~!'n-mr "III ( , --~I I ~, i\~) .._,------/ ---=-!'... __rv1.___ ---, 'I' : ~ -I', " : I -I '... ,/ ,I , _n_ -:...... /: -001 L 'c. "'j __ t (--i-"~)"'y'/ i :~): ~ "~ r -~-_/ / ~ I '\"'l/': : ") 'I. ,i (- - II : '. i,: , '>"'~ 'I'~ ~~ ~ ,,, I l /-_.--~'-'" ' I - I I' 1\' ~ 5~! n, . ,/ '.;:';~, 1/ I '1'1' I ~ b :' l).. ti:;;.., _ . ~: I i ~ ~ ' I ' ,'~ I 1 ". 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'II , i ,n:"_~';'_OO_' :1 i\. : t ---......---- + I a ./ 'j )1 ./ -..::: I... r lr, ,;-' '..... : .=v L__J ~~ I)> [::::~i '----', "I G &TRE!ET hrislopher Kidd & Associates Art:Meets.ndEngill66!'$ --~- _r...._5XI5t "'-:!IIUlIl="F_lOl"'H.\1D EmooI """ _,_.___ II ~ I 1"111 Tllillilll L!Jl ~ ~ I' i lljlji111 Fresenius Medical-Care - 5he1 Building for: FMC . D.S, of Sprlngfleld 304 a Street . ~nrinofif!ld OR 01~~-(f~) ...... "'"', 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone ..-r~NQ'~.'~.~"."'i' ;'. ii~&' -- .: .~",.' 'ty of Spri~gfield Official Receipt IJevelopment Services Department Public Works Department Job/Journlll Number DRC2009-00020 DRC2009-00020 DRC2009-00020 Payments: Type of Payment Check CreditCard Job/Journal Number DRC2009-00020 DRC2009-00020 DRC2009-00020 Payments: Type of Payment Check CreditCard cReceintl RECEIPT #: 2200900000000000539 Date: OS/20/2009 Description CTY >] 0 Trees Base + Per ACRE + 5% Technology Fee Postage Fee Type II - $160 Paid By SPRINGFIELD DIALYSIS LLC MA TTOX L PURVIS Item Total: <":heck Number Authorization Received By Batch Number Number How Received tj tj 1053 In Person o 1584B In Person Payment Total: Description CTY > I 0 Trees Base + Per ACRE + 5% Technology Fee Postage Fee Type II - $160 Paid By SPRINGFIELD DIALYSIS LLC MATTOX L PURVIS Item Total: Check Number Authorization Received By Batch Number Number How Received tj tj 1053 In Person 01584B In Person Payment Total: [ I " (". :. , Date Received: MAY 2 0 2009 , Original Submittal Page I of I ]:19:49PM Amount Due 985,00 49,25 160.00 $1,194.25 Amount Paid $985,00 $209,25 $],194,25, Amount Due 985,00 49,25 160.00 $1,194.25 Amount Paid $985,00 $209,25 $1,194,25 5/2012009 :. , IE \ CASCACE ESCF1DW , OS/07/200S SPRINGFIELD DIALYSIS LLC C/O PERSONAL AND CONFIDENTIAL 1200 HILYARD ST, SUITE 470 EUGENE, OR 97401 SELLER: MICHAEL CHAFRAN ~UYER: SPRINGFIELD DIALYSIS LLC ESCROW NO: EUOS-096S PROPERTY'ADDRESS: 270 Q STREET SPRINGFIELD, OR 97477 ,. -~ ,-, -----. In regards to the above mentioned transa2tion,~e imclose herewith the following: !tOwner's Title Insurance Policy [,y6riginal recorded Deed [ ] Original recorded Power of Attorney [] [] (] You have been a valued customer and we appreciate the opportunity to be of service to you. If you have future title and/or escrow needs, please give us a call. SINCERELY, ~AO"'CR:W ( -G- ESCR;SW OFFICER ,~ : J , Date Received: ;' F\ MAY 2 0 2009 Original Submittal OTP MAIN OFFICE * 811 WILLAMETTE ST, * EUGENE, OREGON 97401 * PH: (541) 687-2233 FLORENCE * 1901 HIGHWAY 101 * FLORENCE, OREGON 97439 * PH: (541) 99,(-S117 EUGENE FAX: 485-0307 * E_MAIL: info@cascadetitle.com . FLORENCE FAX: 997.-8246 . -. I, ':.1 , / i .,..} I " , ; ',1 I ! i ", ...'1 "c'J ":""i :'.'-':'j. .. . . "~.' . :.'..'. <,' .' . .~, '/.i.: .. " ('. KEEP THIS POLICY iN A SAFE PLACE For faster s~rvicebn future "s?[es or 10ah~~rl'Y()~i,P.f~~~~r!' present this slip to YOur br()!<er..brlo,~1) ~~0p.aiiY:~~8~iW, CASCAil+rfLE i:.;o:,'~:j, '.":',:~, ',ff '" ....,--. . ,,-:'.''''''':/'':.:.:,:,,>:.,.,- ':..",:'..t,..... . .,',::.:, 'f.'. ,. ". '.' <~. .: '~: c~.':. . :.~.:~i/.~;\..;.;..~ ". " . . Policy No 0258441'. - We appreciate YOUrbusinesii~nd will continue giving you the best service posSib!f,i, " " " . ~, ST-101, Rev. 5/01 CASCADE TITLE to, ....'. 811 Wi/illiTlette.,Sireei; "~ ::,., >, . "'- ", . ,.'._, EiJgerJ~, 'OregOrl97 401" '," . Phone (541)~87-2233 ., QJ .,",,; ,. '. >' " .; ,.<. . ~ >, ,. , ',. Ii , , ,'j 'j, ~ ." ....."' -'" Date Received:, MAY 2 0 2009 Original S~bmittal ". r; ',1, 11 ~ Chicago Title Insurance Company Of Oregon POLICY NO.: 0R2026-47-025S441,200S,73306-75n043S 'j OWNER'S POLICY OF TITLE INSURANCE Issued by Chicago Title Insurance Company of Oregon Any notice of claim and any other notice or statement in writing required 10 be given the Company under this Policy 'must he given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY OF OREGON, a Orego~ corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount a/Insurance, sustained or incurred by the Insured by reason of Title being vested other than as 'stated in Schedule A. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from' (a) A defect in the Title caused by I, (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Elitity to have authorized a transfer or conveyan(;e; (Hi) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; " (v) a document executed under afalsifted, expired, or otherwise invalid power of attorney; (vi) a docuinent not properly filed, recorded, or indexed in the Public Records includingfa(lure to perform those acts by electronic means authorned by law; or (vii) a defective judicial or administrative proceeding. .. , The lien of real estate taxes or assessments imposed on the Title by a governmental authority due 01: payable, but unpaid. Anyencroachment, encumbram:e, violation, variation, or adverse circumstance affecting the Title that would be disclosed byan accurate and complete land survey of':, the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto atYoining land, and encroachmenls onto the Land of ;, existing improvements located on adjoining land. - , Unmarketable Title. No right of access to andfrom the Land " The violation or enforcemenl of any law, ordinance, permit, or governmental regulation (including :those relating to building and zoning) restricting, regulating, prohibiting, or relillingto (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land: or (d) environmental protection ifa notice, describing any part of the Land, is recorded in the Public Records settingforth the viola/ion or intention to enforce/but only ~o the extent of the violation o.r" enforcement referred to in tha/ nolice. An enforcemenl action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the, Land, is recorded in the Public Records, but only to the extenl of the enforcement referred to in that notice, . The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. Any taking by a governmental body that has occurred and is binding on the rights ofapurchaser for value without Knowledge'~, Title being vested other than. as stated Schedule A or being defective , (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land ~i:curring prior to the transaction vestingTttle as shown in Schedule A because that p"rior transfer constituted afraudulent.or preferential transfer under federal bankruptcy, stale insolvency, or similar creditors' rights laws; or . .' f (b) because the "instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, stale insolvency, or similar creditors'righls laws by reason ofthefailure of its recording in the Public Records (i) to he timely, or . , (it) to imparl notice of its. existence to a purchaser for value or (0 ajudgment or lien creditor, . " . 10. Any defect in or Uim or encumbrance on the Title or oiher matter included in Covered Risks'l through 9 that has been created or quached or has beenfiled or recor~~d in}: : the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that,vests Title as shown!n . Schedule A. .. ". 1. 2. (h) Ie) 3. 4. 5, " '"\ t ,0 '. f~ \' 6, 7, 8, 9. The Company "viilalso pay the costs, attorneys 'fees, an.d expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided inthe Conditions.' . IN WITNESS WH~~HICAGO T7IIE 1M 'RANCE COMPANY OF OREGON has caused thIS pobcy to be sIgned, and se~led by its duly authOr/zed officers / " C . d CHICAGO TITLE INSURANCE COMPANY OF OREGON ountefSlgne . Au~horized Signatory. tn. fI. (/i~?~ t'g;,~) /l.p);. L P.,"", \.{(;~~~} ;rres", /JJ ,\!:::~/ J4<i / I. '" 0R2026 025S441 Cascade Title Company S11 Willamette Street Eugene,OR97401-31S9 Tel:(541) 6S7-2233 Fax:(541) 485-0307 73306(6/06). D',f~ Received: ~J' t\ ",' 'J ,1~ 7,' ~" '9 t_"s.\t t Se.::rCla!). Original S;;~r:U::". ALTA d~er's Policy (6/17/06) TRANS Sl . TYPE IND INF, IND CODE CODE CODE CODE CODE CODE REISSUE AMOUNT ORDER NO, 02S8441 POLICY NUMBER 73306-75920438 DATE OF POLICY MAY 30, 2008 AT 1:48 P.M" AMOUNT $220,000;00 PREMIUM ,$750,00 OWNERS POLICY 111I1111I111111I111111~lllllllllllIllllllm, SCHEDULE A Order No,: 0258441 Policy No,.: ' 73306-75920438 Amount of Insurance: $220,000,00 Premium: $750,00 Date of Policy: MAY 30, 2008 AT 1:48 P,M. .l. Name of Insured: SPRINGFIELD DIALYSIS LLC AN OREGON LIMITED LIABILITY COMPANY 2. The estate or interest in the land desc~ibed or referred to in. Schedule C and which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land referred t'o herein: is at Date vested in: SPRINGFIELD DIALYSIS LLC AN OREGON LIMITED LIABILITY COMPANY 4. The land referred to in this Policy is de!3cribed on- the attache,a Schedule "ell and made a part hereof. , ,:".; Date Received: MAY 2 0 2009 Original Submittal Page No, 2 Order No, 0258441 Policy No, 73306-75920438 SCHEDULE B This policy'does not insure against loss or damage (and the Company will not pay cost?, attorney's fees or expenses) which arise by reason of the following: 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 t~xesor assessments, or notices of such proceedings, whether or not shown by the i:~cords of such agency or by 'the Public Records, 2, Facts J rights., interests or claims which are not shown by the, Public Records but which could be asc'E:::rtained by an inspection of the Land or b~l making inquiry of persons in possession thereof. .I 3, Easements, or claims of easement, not shown by the Public Records; reservations or exception? in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4, Any encroachment, encumbrance, affecting the Title that would of the Land. violation, variation, or adverse circumstance Ii be disclosed by an accurate and complete land survey ,r , , 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. ,.' 6. ~ower Transmission line easement and right of way, including the terms and provisions thereof, as granted to the City of Eugene, by and through the Eugene Water Board, recorded December 30, 1924, in Book 141; 'Page 521, Lane County Oregon Deed Records, and assigned to Pacific Power & Light Cbmpany, by instrument recorded May 7, 1965, Reception No, 24S8, Lane County Oregon Deed Records, 7. Easeme~t, including the terms and provisions thereof, granted Pacific National Bell , ' Telephone Company, recorded June 6, 1988, Reception No, 8822249, Lane County Official Records. '1-, 8. De.ed of; Trust (Line of Credit), including the terms and provi~ions thereof, executed by Springfield Dialysis LLC, an Oregon limited liability company, to Cascade Title Co.", Trustee, for the benefit of HomeStreet Ban~" a Washington state chartered savings bank, Beneficiary, dated May 29, 2008, recorded May 30, 2008, Reception No. 2008-030384, Lane County Official Records, to s~cure payment of a note for $647,000,00, (Includes additional' property) , END OF SCHEDULE B Date R~ceived: MAY 20 2009 I:, , , ,Original Submitt"'l Page No, 3 Order No, 0258441 Policy No, 73306-75920438 SCHEDULE I'e" The land referred to in the Policy is described as follows: Beginning at the intersection of the East lin~ of Second Stree~ at the North line of the Mohawk County Road, said point being 1554.82 feet West and,30 feet North of the Southeast corner of the Jacob Halstead Donation Land Claim No. 47, in Township 17 South, Range 3 West of the Willamette Meridian; running thence"East 85 feet to the true point of beginning of the tract described herein; runningl'thence North 130 feet; thence East ,7S feet; thence South 130 feet to the 'North 'line of Mohawk Road; thence West 75 feet to the true point of beginning I in Lane Co~n~YI Oregon. .:' Date :Received: MAY 2 0 2009 , Original Submittal EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, pennit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; orthe effect of any. violation of these laws; ordinances, or governmental regulations. This Exclusion l(a)does not modify orlimitthe coverage provided under Covered Risk 5, (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided tinder Covered Risk 6. 2. Rights of eminent domain. Ttiis Exclusion does not modify or linlit the coverage provided under Covered Risk 7 or 8. 3, Defects, liens, encumbrances, adverse claims, or other ~atters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to '\he date the Insured 'Claimant became an Insured under this policy; . . ; . (c) resulting in no loss or damage to the Insured Claimant; , (d) attaching or created subsequent to Date of Polity (however, this does riot modify or limit the coverage provided under Covered ,Risk 9 and 10); Of (e) resulting in loss or damage that would not have been sustained if the Insured Claimanihad paid value for the Title. ' 4. Any claim, by reason of the operation offederal bankruptcy, state insolvency; or similar creditors' rights laws, that the 'transaction v~sting the Title as shown in Schedule A,.is (a) a fraudulent conveyance or fraudulent transfer; or . . , (b) a preferentiaJ transfer for any reason not stated in Covered Risk 9 oftrus policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording ofthe deed or other instrument of transfer in the Public Records'that vests Title as shown in Schedule A. . I, DEFINITION OF TERMS The following tenns when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as 'Date ofpolicy" in Scheduie A. (c) "Entity": A corporation, partnership,. trust, limited liability company, or other similarlega] entity. (d) "Insured": The Insured named in Schedule A. (i) The tenn "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by disSolution, merger, consolidation, distribution, or reorganization; . (C) successors to an Insured by its conversion to another kind of Entity; (D) agrantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly.owned by the named Insured, (2) if the grantee wholly owns the nameq Insured; (3) if the grantee is wholly-oWned by an affiliated Entity of the named Insured;provided the affiliated Entity and the named h1sured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a, trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (in (C), and (D) reserving, however, all rights and ,defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An.lnsured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice ofmlltters affecting the Title., (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The tenn "Land" does not include any property beyond the ]i'!es of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for t~e purpose of imparting constru~tive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d),'''Public' Records~' shall also include environmentaJ protection liens filed in the records of the clerk of the United States District Court for ihe district where the Land is located. G) "Title": The estate or interest descnbed in Schedule A. (~) "Unmarketable Title": Title affected by an alleged or apparent matter that would pennit a prospective purchaser or lessee of the Title or lender on the Title to be released 73306(6/06) . CONDITIONS from the obligation to purchase, lease, orIend 'if there is a contractual condition requiring the delivery of marketable title. 2, CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as. of Date or Policy in favor of an Insured, but only so long as the Insured retainS an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of my purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3; NOTICE OF CLAIM TO BE GIVEN BY,INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5{a) of these Conditions, (ii) in case Knowledge shall come to an . Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as instlTed, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured C]almantto provide prompt notice, the Company'sliabHity to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. ' 4, PROOF OF LOSS In the event the Company is unable to detennine the a~oUnt of loss or damage, the Company may, at its option, require as a condi~ion of payment that the Insured C]aimarit furnish a signed proof of loss. The proof .of loss must describe the defect, lien, encUmbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. ' 'I 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured,"and subject to the options contained in Section 7 of these Conditions: the Company, ~t its own cost and without unreasonable delay, shaH provide for the defense of an Insu~ed in litigation in which ariy third party . asserts ac]aim covered by this policy adverse to the Insured. This obligation is limited to only those' stated causes of action alleging matters insured against by this policy. The Company shall have;the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expe'nses incurred by the Insured in the defense of those causes of action that allege mattersnot insured against by this policy. (b) The Company shall have the right:, in addition to the options contained in Section 7 of these Conditions; at its own cost, to institute and p~osecute any action or proceeding or to do any other aci that in its opinion may be necessary or desirable to establish the Title, as insured, OTto prevent or reduce loss qr damage to the Insured. The Company may take any appropriate action under the termS of this policy, whether or not it shall be Iiab]e to the Insured. The exercise of these rights shall not be an admission ofliability or waiver of any provision of this policy. If the Company'exercises its rights under this subsection, it must do so diligently. :: (c) Whenevenhe Compariy brings an action or asserts a defense as required or pe~itte~ this .gr~~Cldlj.~ ~o~p~y may ~ursue the litigation to a fi~~1 determination DYl ~@oun:\6fQmpetell.t~ltnsdlctlon, and It ~xpressly reserves the nght, in its sole discretion, to appeal from any adverse judgme~t or order. ALTA Owner's Policy (6/17/06) " MAY 2 0 2009 Origini'll ~ll!:lI')'lit\l,lI_ 6. DUTY OF INSURED CLAIMANT TO COOPERATE (c) In addition to the extent ofliability under (a) and (b), the Company will also pay (a) In a]].cases where this policy pemtits or requires th.e Company to prosecute or those costs, attorneys' fees, and expenses inc'imed in accordance with Sections 5 and 7 of provide for the defense of any action or procee4ing and. any appeals, the Insured shall these Conditions. " secure to the Company the right to'so prosecute or provide defense in the action or 9. LIMITATION OF LIABILITY proceeding, including the right to use, at its option, the name of the Insured for thiS (a) If the Company establishes the Title, or removes the alleged defect, lien or purpose. Whenever requested by the Company; the Insured, at the Company's expense, encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, of Unmarketable Tit]e, all as insured, in a reasonably diligent manner by any method, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any including litigation and the completion of any appeals, it shal.1 have fully performed its other lawful act that in the opinion of the Company may be necessary or desirable to obligations with respect to that matter and shall not be liable for any loss or damage establish the Title or any other matter as insured. If the Company is prejudiced by the caused to the Insured. failure of the Insured to furnish the required cooperation, the Company's obligations to (b) In the evertt of any litigation, inc]uqing litigation by the Company or with the the Insured under the policy shall terminate, including any liability or obligation to Company's consent, the Company shall have no liability for loss or damage until there defend, prosecute, or continue any litigation, with regard to the matter or matters has been a final determination by a court of competent jurisdiction, and disposition of a]1 requiring such cooperation, appeals, adverse to the Title, as insured. . (b) The Company may reasonably require the Insured Claimant to submit to (c) The Company shall not be liable for loss or damage to the Insured for liability examination under oath by any authorized representative of the Company and to produce voluntarily assumed by the Insured in settling any claim or suit without the prior written for examination, inspection, and copying, at such reasonable times and places as may be consent of the Company. . designated by the authoriZed representative of the Company, all records, in whatever 10. REDUCTION ,OF INSURANCE; REDUCTION OR TERMINATION OF medium maintained, including books, ledgers, c_hecks, memoranda, correspondence, LIABILITY reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of All payments under this policy, except payments made for costs, attorneys' fees, and Policy, that reasonably pertain to the loss or damage. Further, if requested by any expenses, shall reduce the Amount ofInsurance by the amount of the payment. authorized representative of the Company, the Insured Claimant shall grant its II. LIABILITYNONCUMUtATIVE I permission, in writing, for any authorized representative of the Company to examine, The Amount of Insurance shall-be reduce~ by any amount the Company pays under inspect, and copy aU. of these records in the custody or control of a third party that any policy insuring a Mortgage to which exception is taken in Schedule B orto which the reasonably pertain to the loss or damage. All information designated as confidential by Insured has agreed, assumed, or taken subject, or which is executed by an Insured after the Insured Claimant provided to the Company pursuant to this Section shall not be Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be disclosed to others unless, in the reasonable judgment of the Compariy, it is necessary in deemed a payment to the Insured under this policy. the administration ofthe claim. Failure of the Insured Claimanttosubmit for examination 12. PAYMENT OF LOSS ': under oath, produce any reasonably requested information, or grant permission to secure When liability arid the extent of loss or damage have been definitely fixed in reasonably necessary infl?nnation from. third parties as required in this subsection, unless accordance with these Conditions, the payment shall be made within 30 days. prohibited by law or governmental regulation, shall terminate any liability of the 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETILEMENT Company under this policy as to that claim. (a) Whenever the Company shall have settled and paid a claim under this policy, it 7. OPpONS TO PAYOR OTHERWISE SETILE CLAIMS; TERMINATION shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all OF LIABILITY other rights and remedies in respect to the claim that the Insured Claimant has against any In case ofa claim under this policy, the Company shall have the fO,Howing additional person or property, to the extent of the amo~nt of any loss, costs, attorneys' fees, and options: . expenses paid by the Company. If requested by the Company, the Insured Claimant shall (a) To Payor Tender Payment of the Amount of Insurance. execute documents to evidence the transfer to the Company ofthese rights and remedies. To payor tender payment of the Amount ofInsurance under this policy together with The Insured Claimant shall permit the Comp~y to sue, compromise, or settle in the name any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were of the Insured Claimant and to use the name of the Insured Claimant in any transaction or authorized by the Company up to the time of payment or tender of payment and that the litigation involving these rights and remedies. Company is obligated to pay. If a payment on account of a claim does not fully cover the loss of the Insured Upon the exercise by the Company of this op!ion, all liability and,obligations of the Claimant, the Company shall defer the exercise of its right to recover until after the Company to the Insured under this policy, other than to make the payment required in this Insured Claimant shall have recovered its ]oss, ' subsection, shall terminate, including any liability or obligation to defe!,!d, prosecute, or (b) The Company's right of subrogation includes the rights of the Insured to continue any litigation. indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms (b) To Payor Otherwise Settle With Parties Other Than the Insured or With the or conditions contained 'in those instruments that address subrogation. rights. Insured Claimant. . 14. ARBITRATION (i) To payor otherwise settle with other parties for or in the name of an Insured Eitherthe Company or the Insured may demand that the claim or controversy shall be Clai~ant any claim insured against under this policy. In addition, the Company will pay .submitted to arbitration pursuant to the Title In"sUnince Arbitration Rules of the American any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were l.and Title Association ("Rules"). Except as;provided in the Rules, there shall be no authorized by the Company up to the time of payment and that the Company is obligated joinderor consolidation with claims or controversies of other persons. Arbitrable matters to pay; or . may include, but are not limited to, any controversy or claim between the Company and (ii) To payor otherwise settle with the Insured' Claimant the loss or damage the Insured arising out of or relating to this policy, ariy service in connection with its provided for imder this policy, together with any costs, attorneys' fees, and expenses issuance or the breach of a policy provision, or to any other controversy or claim arising incurred by the Insured Claimant that were authorized by the Compariy up to the time of out of the transaction giving rise to this policy. All arbitrable matters when the Amount of payment and that the Company is obligated to pay. . Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or Upon the exercise by the Company of either of the options provided for in the Insure'd. All a'rbitrable matters when th~ Amouilt of Insurance is in.excess of subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. the' claimed loss or damage, other than the paymerits required to be made, shall terminate, Arbitration pursuant to this policy and unqer the Rules shall be binding upon the parties. including any liability or obligation to defend, prosecute, or contiriue any litigation. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of 8. DETERMINATION AND EXTENT OF LIABILITY competent jurisdiction. " '. ' This policy is a contract of indemnity against actual monetary loss or damage 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT sustained or incurred by the Insured Claimant who has suffered loss or damage by reason (a) This policy together with all endorsements, if any, attached to it by the Company ofm.atters insured against by this policy. . is the entire policy and contract between the Insured and the Company. In interpreting (a) The extent ofliability of the Company for loss or damage under this policy shall any provision of this pOlicy; this policy shall tie construed as a whole. not exceed the lesser of (b) Any claim-or loss or damage that aris~~ out of the status of the Title or by any (i) the Amount ofInsurance; or action asserting such;claim shaH be restricted ~o this policy, (ii) the difference between the value of the Title as insured and the value of the (c) Any amendment of or endorsementito this policy must be in writing and Title subject to the risk insi.u'ed against by this policy. . . aut~enticated by an a~thorized person, or expr~ssly incorporated by Schedule A of this (b) If the Company pursues its rights under Section 5 of these Conditions and is policy. . : I unsuccessful in establishing the Title, as insured, (d) Each endorsement to this policy issued at any time is made a part of this policy (i) the Amount of Insurance shall be increased by 10%, and and is subject to a]] of its terms and provisiotis. Except as t~e endorsement expressly (ii) the" Insured Claimant shall have the right. to have the loss or damage states, it does not (i) modify any of the terms and provisions of the' policy, (ii)modify any determined either as of the date the c]aim.wasmade by the Insured Claimant orasofthe. prior endorsement, (iii) extcnd thc Date of Policy, or (iv) increase the Amount of date it is settled and paid,' Date RecelV6lGI>rnnce, " , ' 16. SEVERABILITY, ", : 73306(6/06) MAY 2 0 2009 ALTA Owner's Policy (6117106) Or'Jinal Submittal, ~, In the event eoy provision of this. policy, in whole or in part, is held invalid or unenforceable U!1der applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, hut all other provisions shall remain in full force and effect. . 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies oftide insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the.law of the jurisdiction where the Land is located to detennine the validity of claims against the Title that are adverse to the 73~06(6/06) Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Ch(lice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court withi~ the United States of America or its,territories'having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Chicago Title Insurance Company Of Oregon, Attn: Claims Department, P. O. Box 45023, Jacksonville, Florida 32232~5023. Date Received: MAY 2 0 2009 Original submittaJ ALTA Owner's Policy (6117/06) G) RETURN TO CASCADE TITLE CO. =- CASCADE TITL.E CO. Division of Chief Lane County Deeds TITLE ~O, 0258441 M b ESCROW NO. EU08-0968 TAX ACCT, NO, 0218758 MAP/TAX LOT NO, 17 03 26 2 4#1500 ~~~u~~~~~~~k l~~~.~J~J~J ~fl~W!~~m'lWlll~Jll!l)J.~1111II II '" RPR-DEED Cnl=1 Sln-_1 "05/3012008 01 :48: 14 PM CASHIER 02 $5.00 $11.00 $10.00 $26.00 ."'1 WARRANTY DEED -- STATUTORY FORM MICHAEL CHAFRAN, Grantor, conveys and warrants to SPRINGFIELD DIALYSIS LLC, an Oregon Limited Liability Company, Grantee, , the following described real property free,of encumbrances except as specifically set forth herein: Beginnihg at the intersection of the East line of Second Street at the North line of the Mqhawk County Road, said point being 1554,82 feet West and 30 feet North of the Southeast comer of the Jacob Halstead Donation Land Claim No, 47, 'in Township 17 South, Range 3 West of the Willamette Meridian; running thence East 85 feet to the true point of beginning of the tract described herein; running thence North 130 feet; thence East75 feet; thence South 130 feet to tbe North line of Mohawk Road; thence West 75 feet to the true point of beginning, in Lane Count);, Oregon. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195,300, 195.301 AND 195,305 TO 195,336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, 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,LA WSUlTS 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. Except the following encumbrances: Covenants, Conditions, Restrictions"and Easements.ofrecord. The true consideration for this conveyance is $220,000.00' , Dated this 2'1;'-- day of \\AaL1 ' 2.06 8 I..~ / NITtHAELCHAFRA~ State of Oregon County of L-"""e.- OFFICIAL SEAL MELISSA BUTTERFielD NOT~RY PUBLIC - OREGON , COMMISSION NO, 396222 MY COMMISSION EXPIRES SEPTEMBER 16. 2009 J ~ Mtj iCi YlM'r1l u.. () , (Notmjy pPbnc lOr 0regon) My commissio~pires C1,lln'(\~ , 2008 by MICHAEL CHAFRAN. This instrument was acknowledged before me on MICHAEL CHAFRAN 1574 COBURG ROAD #161 EUGENE, OR 97401 GRANTOR'S NAME AND ADDRESS Until a change is requested, all tax statements shall be sent to the following address: "'SAME AS GRANTEE**' SPRINGFIELD DIALYSIS LLC C/O PERSONAL AND CONFIDENTIAL 1200 HILYARD ~n, SUiTE '170 . EUGENE, OR 97401 GRANTEE'S NAME AND ADDRESS After recording return to: CASCADE TITLE CO, Date,. ';\fed: ~ MA'y 2 ,,(1, M~9 ~ L'JU 811 WILLAMETTE EUGENE, OR 97401 WRD Original Submittal .\ E CASCADE ESCROW 04/04/200S SPRINGFIELD DIALYSIS LLC 1200 IDLY ARD STREET, STE 470 EUGENE, OR 97401 SELLER: THE DECLARATION OF TRUST KNOWN AS THE MIKE STAIHAR TRUST, DATED MARCH 13, 1995 fl.UYER: SPRINGFIELD DIALYSIS LLC ESCROW NO: EU07-2374 PROPERTY ADDRESS: 304 Q STREET, SPRINGFIELD, OR DEAR DR, PURVIS In regards to the above mentioned transaction, we enclose herewith the following: ~ Owner's Title Insurance Policy ~riginal recorded Deed [ ] Original recorded Power of Attorney [] [] [] You have been a valued customer and we appreciate the opportunity to be ,of service to you, If you have future title and/or escrow needs, please'give us a call. - ROW Date Received: MAY 2 0 2009 Original Submittal OTP MAIN OFFICE' 8II WILLAMETTE ST. . EUGENE, OREGON 97401 . PH: (541) 687-2233 FLORENCE . 190] H]GHWAY 101 . FLORENCE, OREGON 97439 . PH: (54]) 997-84]7 EUGENE FAX: 485-0307 . E-MAIL: info@cascadctitle.com . FLORENCE FAX: 997-8246 -'." " ': '! '! i :-1 " ,KEEP THIS POLICY IN A SAFE PLACE ,..t7~iF.' .,'.r. For fasterservice on future sales or loans onyou'r prop~':ty.; present this sliptoYDuf broker or loan comp;:tnYSIiOwing;' , , '..;3:, . '.', CASCADE TITLE CO. '"(''' 'I'"~ "..' i~\\t"i < ':'.:1. , " , ';1~~~;iyNO . ."'"W~'~"'i;r;ill~J&;::! We appreciate your businessani(Wiilc<?hii~u~giVing'y~u the best serVicepossiblr";<i): '",:, 'i. P'}t;!3Uf(: ......Cf>H " ",..F' ........::,,'.'\,i,;. CASCADETITLEJ;O. ., ..1',,_,-'<.'',',":, ""-" "l"-''''-' ,",'811 WiilamelteStreet.., _.'-:..q:--,-,..-"'-,, " ',':" ,--:",'-,.!;: .s.ug,~~e.()r~gOh9N(),1, ;P~one,(511")6~7'2~~3, ';.' .;" '.1 I, I -",- ,;.' "'-'>f~" :'''1'''' ,:,,'T,, :',:-: '!:I,.l.& ST-101,Rev,5/01' >-'".;' .'c' ,', .. -", "',' ',' '.: "', . --- Date R~telved:f.. ,'. -' , .', -.... ",' ." " .:,.,~: l:',-':.-. '.' .;~~ ' "'MAYiJl'20G~"" ',-"'-' -.",.' "'. .l, '::or;gillai$.l;bml!~~1 .' " . ,,~ ~"'., ~' -, '. " .-'.-~'-, " ""'''-'~ @,..,' . l.. .. .. POLICY NO,: 'CM'bigp. Title Insu Ice Company Of Oregon ,'i' .~ :-<'. r ....~.u 0R2026-4 7-025'6107-2008.73306-75464309 OWNER'S POLICY OF TITLE INSURANCE Issued by 'Chicago Title Insurance Company of Oregon Any notice of claim and any other notice or statement in writing required to be given the Contpany under this Policy must be given to "the Company at the . address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B. AND THE CONDITIONS. CHICAGO TITLE INSURANCE COMPANY OF OREGON. 0 Oregon corporation (the "Company") insures. as of Date of Policy and. to the extent stated in Covered RiskS 9 and 1 0, after Date a/Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of 1. Title being vested other than as slgted in Schedule A. 2. Any deject in or lien or encumbrance on the Title. This Covered Risk includes but is no! limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (iI) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized byl~v; (v) a document executed under ~falsifled, expired, or othenvise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records iliCludingfailure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Anyencroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey'of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land. and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable"Title. 4. No right of access to andfrom the Land. 5. The violation or enforcement of afT}' law, ordinance, permit, or governmental regulation (including those relating to bliilding and_zoning) restricting, regulatl prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or . (d) environmental protection , ifa notice, describing any part of the Land, is recorded in the Public Records settingforth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. ' , .,. 6. An enforcement action based on the exercise ofagovernmental police power not covered by Covered Risk 5 ifa notice of the enforcement actio,!, describing any part qlthe Land, is recorded-in the Public Records"but only to the extent oft~e enforcement referred to in that notice. 1. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in th? Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for wilue without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avo;dance in whole or in part,. or from a court order providing an alternative remedy, ofa transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer conslituted afraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the !nstrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rIghts laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) t; impart notice of its existence to a purchaser for value or to ajudgment or lien creditor. '1 1.0. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has beenfiled or reC01-..~d in the Public Records subsequent to Date of PoliCy and prior to the recording of the deed or other instrument of transfer in the Public Records that ~ests Title as shown,in Schedule A. . , , , i'he Company will also pay the costs, attorneys 'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provi~~d in the Conditions. ' m W~",' WH,,,S;;,,,e,eo ,'''''"' COM"", 0' O',"ON .. ro.,' ,"" ,,',,' " .. "'~ '"' ".", "' ," '"" ""","w' officers / CHICAGO TITLE INSURANCE COMPANY OF OREGON Countersigned - , Authorized Signatory MAY 2 0 2009 I~~~~~.-i~:\.~ 'ift,? /~(\fl'OP..!~'\~ t .r ~. .. : (} " '\-~ \8:IL1.~,,/ ;;".j ~>. ~:...... ,/',.:J> ',' \ '. ...,... ~.., '1 ,,l. . -!>e:'.)~' ....,,-,,~..,~,',>" "'8?;t:i1) A'f,(;~ L 1'1Mid,.~t OR2026 0256107 Cascade Title Company 811 Willamerte Street Eugene, OR 97401-3189 Tel:(541) 687-2233 Fax:(541) 485-0307 73306 (6/06) Date Received: ATtEST: Original Submittal ~cjJJ Secretal'}' ALTA Owner'sPolicy (6/]7/06) " ,," '" TRANS SI TYPE INIl IN,F, IND CODE CODE CODE ,CODE CODE CODE REISSUE AMOUNT ORDER NO, 0256107 POLICY NUMBER 73306-7S464309 DATE OF POLICY FEBRUARY 22, 2008, AT 3:48 PM AMOUNT $806,750.00 PREMIUM $J., 811. 00 OWNERS POLICY 11111111111111111111111111111111111111111111111 SCHEDULE A Order No,: 0256107 Policy No,: 73306-75464309 Amount of Insurance: $806,750,00 Premium: $1,811,00 Date of Policy: FEBRUARY 22, 2008, AT 3:48 PM 1. Name of Insured: SPRINGFIELD DIALYSIS, LLC AN qREGON LIMITED LIABILITY COMPANY 2. The estate or ,interes~ in the land described or referred to in Schedule C and which' is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land re~erred to herein is at Date vested in: SPRINGFIELD, DIALYSIS, LLC AN OREGON LIMITED LIABILITY COMPANY 4. The land referred to.in this Policy is described on the attached Schedule lien and made a part hereof. Date Received: MAY 2 0 2009 Original Submittal " ' Page No, 2 Order No, 0256107 Policy No, 73306-75464309 SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: 1. Taxes or 'assessments which are not shown as existing liens by the rec~rds 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 o~ exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complet,e land survey of the Land, 5. Any lien, or right to a lien, for services, labor, material, equ~pment. rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the Public Records, 6. Right of way, including the terms and provisions thereof, granted the'City of Eugene, a municipal corporation, by and through the ~ugene Water Board, recorded August 2, 1926, in Book 150, Page 149, Lane County Oregon Deed Records, ' The interest of the City of Eugene has been assigned to Pacific Power and Light Company, by Assignment recorded May 7, 1965, Reception No, 2458, Lane County Oregon De~d Records. 7. Easement, including the terms and provisions thereof, granted to Pacific Northwes~ Bell Telephone Company, a Washington Corporation, its successors and assigns, by instrument recorded July 27, 1998, Reel No. 1526, Reception No, 8830182, Lane County Of~ici~l Records. 8. Deed of Trust (Line of Credit), including the terms and provisions thereof, exe~uted by Springfield Dialysis LLC, an Oregon limited liability company, to Cascade Title Co., Trustee, 'for the benefit of HomeStreet BanK, a Washington state chartered savings bank, Beneficiary, dated February 2'0,.2008, 'recorded February 22, 2008., Reception No. 2008-010055, Lane County Official Records, to secure payment of a note for $427,000,00, END OF SCHEDULE B Date Received: MAY 2 0 2009 Original Submittal , , Page No, 3 Order No, 0256107 Policy No, ,73306-75464309 SCHEDULE "ell The land referred to in the Policy is described as follows.: Beginning at a point 1254,82 feet West and 30 feet North of the Southeast corner of J. Halstead and Wife Donation Land Claim No. 47, in Section 26, Township 17 South, Range 3 West of the Willamette Meridiani and running thence West along the North line of Mohawk Road (Q Street) 140 feet; thence North 312,SO feet thence East 140 feet; thence South 312,50 feet to the point of beginning, in Lane County, Oregon, , , i: , , ; , Date Received: MAY 2 0 2009 Original Submittpl 900 ifl-03-ZCo24 THIS MAP IS TO ASSliT LOCATING PROPERTY. THE COMPANY ASSUMES NO LIABILITY FDA INACCURACIES, I u I ~ ~~ \ " "- J06' =I=, " " '--ll~~l;/,'~-r;'P~-PU;L~C~ ~oAD--lzl'" j 1000 1,24 AC: 'O.e.q.SB'4.S'W_ 3Oo.c.' '0 " 'e 1100 \ ------- -- '" N '/1 --- -,- 2.5' STRIP.' '" N .. ~ 1600 "'<' _ fu%\ i ,/bO' /4<)" , , . " , .; . I 1'___ /2:z. . 1200 ''''' --I ;:) , I j ~I I 37.S ~ 1300 12z. .., 1400 t:' ~, "" ~ ,<><> 0 O's- Z 1501 C\J 3 ~ <00' t-- q 0'. U>'" - ~ , . " - '~ .0 o o " I'll, . :..~ ~ ~ ~ ~ "$ 'V !{' ~1~1 li 1700 ' <0, tor, , ~, , " , ~ Ei ~ 'Iku.,\ 2. "1 '" , "1 U' , " --I4C'---- ~ '" " ~ '" , , /<to' I -- 1500 0,' \ L. ..........MONUL.1~,.,,"T '0, 7,r' NO:, Q Date Received: ! . . ~. - - 1"'1'1 I [ U [UU::f Original Submittal ,', 5.d~D~.5:'''''' 3000 2900 2800 -?Gc:P.O'J. ' 2703 268.82" . R&1 sree W.,-...f. , EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and !he Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: ]", (a) Any law, ordinal1'ce, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment oftheLand; (ii) the-character, dimensions or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; orthe effect ofaoy violation ofthese laws, ordinances, or governmental regulations. This Exclusion I(a) does not modifY or limit the coverage provided under Covered Risk 5, (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6; 2. Rights of eminent domain. This Exclusion does not modity or limit the coverage provided under Covered Risk 7 or 8, . 3, Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company; not recorded in the Public ~ecords at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the,date thelnsured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does nor modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is {a) a fraudulent conveyance or fraudulent transfer; or ' ". .' {b) ~ preferential transfer for any reason not stated in .Covered Risk 9 of this policy. . .' nate Recetv~d. 5. Anyben on the Title for real estate taxes or assessments Imposed by governmental authoflty and created or attachmg between Date ofPolrty and the date ofrecordmg of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. I. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount ofInsurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 1 I 'of these Conditions. (b) "Date of Policy"::The date designated as 'Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust,limited]iability company, or other simi]arlegal entity. (d) "Insured": The Insured named in Schedule A. (0 The term "Insured" also includes '(A) successors to the Title of the, Insured by operation of law. as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger; consolidation, distribution, or reorganization; {C) successors tO,an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (I) if the.stock, shares, me91berships; or other equity interests of the grantee are wholly-owned by the named Insured, (2) ifthegrantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity ofthe named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, .or (4) if the grantee is a trustee or beneficiary of a 'trust created by. a writ1en instrument established by the Insured named'in Schedule A for estate planning purposes. (ii) With regard to (A), (8), {C), and {D) rescrving, however, all rights and defenses as to any successor,that th~ Company would have had against any predecessor Insured. (e) "Insured C]aimant": An Insured claiming loss or damage, (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by. reason of the Public Records or any other records that impart constructive notiCe of matters affecting the Title. (g), "Land": The land described in Schedule A, and affixed improvements that by law constitute rea] property. The-term "Land" does not include any property beyond the lines orthe area des5=ribed in Schedu]eA, nor any right, title, intetesl, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but,this does not modify or limit the extent that a right of access to and from the Lan&is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one eVidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice ~f matters re]at.ing to real property to pu~chasers for value. and without Knowledge. With respect to Covered Risk 5(d); "Pub]ic Records" shall also mclude environmental protection liens filed in the records ofthe clerk )fthe United States District Court for the district where the Land is located. U) . "Title": The estate or interest described in Schedule A. ~k) "Unmarketab]e Title": Title' affected by an alleged or apparent matter that would )ermit a prospective purchaser or lessee of the Title or ]enderon the Title to be released 73306 (6/06) - CONDITIONS MAY 2 0 2009 from the obligation to purchase, lease'a ]e.!J.dt~.there.iSf:F?~tracfVal condition requiring .the delivery of marketable title. n~1 i:11 -ou I lua . 2. CONTINUATION OF INSURANCE The coverage ofthis policy shall contiilUe in force as of Dale of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured; or only so long as the Insured shalJ have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Ins.ured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3, NOTICE OF CLAIM TO BE GIVEN BV INSURED CLAIMANT The Insured shall notifY the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in ca'se Know]edge shall come to an ~nsured hereunder of any claim oftitle or interest that is adverse to the Tit]e, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt. notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudiCe". " 4, PROOF OF LOSS , In the event the Company is unable to determine the amount ofJoss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a. signed proof of loss. The proof of loss must describe the defect, liell, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or da,mage and shall state. to the extenr possible,the basis of calcu]ating the amount of the loss Of danulge. ' 5, DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable , delay, shall provide for the defense of an Insured'in litigation in which any third party asserts a claim covered by this poli~y adverse to the Insured. ihis obligation is limited to only those stated causes of action alleging-matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated ,causes of action, It shall flat be liable for and will not pay the fees ofany other counsel. The Company will not pay any fees,_ costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Compa:11Y shall have the righi, in addition to the options contained in S'ecdon 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish tlle Till.e, as insured, or to prevent or reduce lass or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise ofthi?se .rights ~hal] not be an admission ofJiabiliry or waiver of any provision of this policy. If the Company exercises its rights under,this subsection, it must do so diligently. (c) Whenever the Company brings an 'action or asserts a defense as requiied or permitted by this policy, the Company may'p'ursue the litigation to a final determination by a court of competent jurisdiction, and it expressly re~erves the right, in its sole dlscretl~n, to appeal from any adverse judgment or ordeL . ALTA Owner's Policy (6/17/06) 6, DUTY OF INSURED CLAIMANT TO COOPI,,/,tIE , (a) In all cases where this policy permits or require1fYne Company to prose~ute or provide for the defense of any action o~ proceeding and any appeals, the Insured shall secure to the Company the' rrght to so prosecute or provide defense in the action or proceeding, including the right to use, at its option,th.c name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in;securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shaIl terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. . , (b) The Company may reasonably require the Insured Claimant to submit to exarriination under oath by any authorized representative of the Company and ~o produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-maiIs, dtsks, tapes, and videos ,whether bearing.a date before Qr after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or-control of a third party that reasonably pertain to the loss or damage. All information designated'as confidential by the Insured Claimant provided to the Company pursuant to this, Section shall not be disclosed to others unless, in the reasonable judgment ofthe Company, it is necessary in the administration ofthe claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required .in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this' policy as to that claim. 7, OPTIONS TO PAYOR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case ofa claim under this policy, the Company shall have the following additional oplions: {a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment oftJleAmount ofInsurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. . Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or conliliue any litigation. (b) To Pay & Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To payor otherwise settle with other parties for or iri the name of an Insured Claimant any clairitjnsured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated ro~;or . . (ii) To payor otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys" fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the _exercise by the Company of either of the options' provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall temlinate, including any Iiabjlityor obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY T.his policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for .Ioss or damage under this policy shall nOI-~xceed the lesser of (i) the Amount oflns'urance; or . (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured'against by this policy.. (b) If the Company pursues its rights under Section 5 of these Conditions arid is ullsuccessful in establishing the Title, as insured, , (i) the Amount ofInsurarice shall be increased by 10%, and (ii) the rns~red Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by thdnsured Claimant or as of the . date it is settled and paid. 7~306 (6f06) ", '. , , (c) In addition to tent of liability under(a) and (b), the Company will also pay those costs, attorneys' fet~, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9, LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect,' lien or encumbrance, or cures the lack ofa right of access to or from the Land, oreures the claim of Unmarketable Title, all' as irisured, in a reasonably diligent manner by any method, including litigation and theco~pletion o(any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. . (b) In the event of any litigation, including litigation by the Company or with [he Company's consent, the Company shall have no liability for loss or damage until there has been a final detennination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Illsuredin settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY , All payments under this policy, except' payments made for costs, attorneys' fees, and expenses, shall reduce th~' Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shali be reduced by any amount the Company pay.s under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which.is a charge or-lien on the Title, and the amount so paid shall be deemed a payment tc! the Insured under this policy. ' 12. PAYMENT 0 FLOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13, RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss; costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimapt shall execute ~ocumerits to evidence the transferto the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Cla'imant and to use the name ofthe Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the 'Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights oflhe Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any tenns or conditions contained in those instruments that adqress subrogation rights. 14. ARBITRATION E.ither the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except.as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitritble rimlters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating ,to this policy, any service in connection with its issuance or th~ breach ofa policy provision, or to any other controversy or c1ainl arising out of the transaption giving rise to this policy. AIl arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when ',the Amount of Insurance is in excess of $2,000,000 shall be arbitnlted only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy a'nd under the Rules shall be binding upon the parties. Judgment up.on th~award rendered by the Arbitrator(s) may be entered in any court of competent jurisdictiQn. 15, LiABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This polity together with all e~dorsements, ifany, attached to itbythe Company is the entire policy' and contract between the Insured'and the Company. In interpre'ting any pr,?vision of this policy, this policy shall be construed as a whole. (b)' Any c1aim?f loss or damage that arises out of the status of the Title or by any actiori asserting such claim shall be restricted to this policy. (c) Any amen~ment of'or endorsement to this policy must be in writing and authenticated .by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to alI of its tenns and provisions. Ex.cept.as the endorsement expressly states, it does not (i) modify an~llit@nl}?.filldrpfQ:~lSi6jidtthe policy, (ii) modify any prior endorsement, (iii) extend the Date ()f Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY MAY 2 0 2009 Original Submittai ALTA Owner's Policy (6/17/06) . " In the event ariy'provlsl~n of this policy, in wh, J in part, is held i~valid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held" to ,be invalid, but all other provisions shall remain in full force and effect. 17, CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risKs covered by this policy and determined the premium charged therefor. in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title irisunmce of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to dctcnnjne the validity of claims against the Title that are adverse to the 73306 (6/06) ',' .: . Insured and to interpre./'''4';'?~nf6rce the terins of this policy.l~ neithe~case shall the court or arbitrator apply its cdriflicts oflaw principles to determine the applicable law. (b) Choice.of Fomm: Any litigation' or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or, its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT . Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Chicago Title Insurance Company Of Oregon, Attn: Claims Department, P. O. Box 45023, Jacksonville, Florida 32232-5023. Date Received: MAY 2 0 2009 Original Submittal ALTA Owner's Policy (6117/06) ~ RETURN 'f0 CASCADE TITLE r r :I: CASCADE TITLE CD, , /1:u{ T[TLE NO, 0256107 /Vl.0 ESCROW NO, EU07-2374 TAX ACCT, NO, 02[8774 MAP/TAX LOT NO, [7032624 #1600 Division of Chief Deputy Clerk Lane County Deeds and Records " 2008aOl0052 ~Jm'H~~Jllll )JWWl~Wl!~ I II I I III III $26,00 RPR-DEED Cnt=1 Stn'-_6 02/22/2008 03:48:31 PM CASHIER 07 $5.00 $11,00 $10.00 WARRANTY DEED -- STATUTORY FORM', NICK J, ST A1HAR, SUCCESSOR CO-TRUSTEE OF THE DECLARATION OF TRUST KNOWN AS THE MIKE STAIHAR TRUST, DATED MARCH 13, 1995, Grantor, conveys and warrants to ~ SPRINGFIELD DIALYSIS LLC. an Oregon Limited Liability Companyj'Grantee r(lNI!,.N'N1i>ltf#t#, the following described real property tree of encumbrances except as specifically set forth herein: Beginning at a point 1254,82 feet West and 30 feet North o.f, the Southeast corner of J, Halstead and wife DLC 47 in Section 26, Township 17 South, Range 3 West of the Willamette Meridian, and running thence West along the North line of Mohawk Road (Q Street) 140 feet; thence North 312,50 feet thence East 140 feet; thence South 312,SO feet to the point of beginning; in, Lane Couqty, Oregon, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,'THE PERSON TRANSFERRING FEE TITLE SHOULD lNQUlRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197,352} 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 APPROVED USES, 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 ORS197,352. Except the following encumbrances: The true consideration for this conveyance is $806,750,00 Dated this \ () " day of ~ f!- : m THE DECLA:^ T10N OF TRUS~OWN ~S THE M[KE ST A1HAR TRUST, DATED MARCH 13, 1995 BY 'Y7--!....L J--. ~~/;4-- " ' NI~I0~6R', SUCCESSOR CO-TRUSTEE , " " State of Oregon County of LANE This instrument was acknowledged before me on \..0- ~& ,2007 by NICK ], ST A1HAR, SCUESSORCO-TRUSTEE OF THE DECLARATION OF TRU\'T ~NOWN AS THE MIKE STAlHAR TRUST, DATED MA~CH 13, 1995,,' ~. .../)',\lf1G" )' - OfF\C\~l SEAl. .,." B N VOLK ' ,": NOT~RYPUBLlC,OREGON -(Notary PUblic~oKe o~ ..,'/ COMMISSION NO, 412667 '"./ MYCOMMISSIONEXPIRESfEBRUARY5~ My commission expires ' .' r THE DECLARA T[ON OF TRUST KNOWN AS THE M[KE STA1HAR TRUST, DATED MARCH 13, 1995 1110 VIRGINIA AVENUE MOSCOW, 1D 83843 GRANTOR'S NAME AND ADDRESS Until a change is requested Date Received: MAY 2 02009 all tax statements shall be sent to the following address: ***SAME AS GRANTEE*** MAT PRUV1S 1200 HILYARD STREET, STE 470 EUGENE, OR 97401 GRANTEE'S NAME AND ADDRESS Original submittal After rec'ording return to: CASCADE TITLE CO. 811 Wll,LAMETTE EUGENE, OR 97401 WRD " " @ RETURN TO CASCADE TITI' 1. ,/, " Division of Chief Deputy Cle~k Lane County Deeds and Records I' l~~~.~ W~~J =S:' CASCADE TITL.E CD. 111111111111" '" II "''' II III "" ""111111111111 $26,00 00977843200800100530010019 :' ' , 02/22/2008 03:48:31 PM RPR-DEED Cnt:1 Stn:6 CASHIER 07 , I $5.00 $11.00 $10.00, TITLE NO, 0256,1 07 ~ ESCROW NO, EU07-2374 " TAX ACcT NO" o2i8774 MAP/TAXLOTNO. ,17032624#1600 WARRANTY DEED -- STATUTORY FORM:, JANET STAIHAR BARNES, SUCCESSOR CO-TRUSTEE OF THE 'DECLARATION OF TRUST KNOWN AS THE MIKE STAIHAR TRUST, DATED MARGH 13,'1995, Grantor, ' MJ.t/rtd.'/Jt.rJ'i/fJ /irMrI, conveys and warrants to , , SPRINGFIELD DIALYSIS LLC, 'an Oregon Limited Liall'ility Company, Grantee, I', ,I , the following described real property free of encumbrances except as specifically setforth herein: " I Beginning at a point 1254,82 feet West and 30 feet North of the Southeast ,corner of J. Halstead 'and Wife DLe 47 in Section 26, Township 17 South, Range 3 West of the Willamette Meridian" and running then~e West along the North line of , I, Mohawk Road ,(Q Street) 140 feet; thence North 312,50 feet thenc~ East 140 feet; thence,.South 312.50 feet -to the point of'begi~ningi in Lane Cou~ty, Oregon. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SIfOULD INQUnU: ABOUT 'rHE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352! THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPE'RTY DESCRIBED IN THlS'ilNSTRUMENT IN VIOLATION OF APPLIc::ABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THEWROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, 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 197,352. Except the following encumbrances: the true consideration for this conveyance is $8Q6,750.00 Dated this 114k\ day of ~~ 2Oc::r+~ THE DECLARATION OF TRUST KNOWN AS THE MIKE ST A1HAR TRUST, DV~~A~~~G&,:',;", BY, , " Washlngton,Dlstnejll( ;):f~"" ' . JANET ST AIHAR BARNES, SUCCESSqWe<iOrlrrrl/,U~~ent B S bscn"b"" 'd , ';,~," ";";f,j:,',J\~r':"-'I~ , yu IT "', "",en ,womb.,ulU'"""""" , , me!lrisL~aYOf i:xn\OO'(z.O~d ~,j l"IX\J2t St-d\ h<Y< 'B~".. ~~~~t~fof f1~!eife2J,~~ -G Nota,y'p~~(k:f;: >:, This Instrument was acknowledged before me 0 commiSSion expires ApriI30,.{jjlf7 hy IA~FT ~'f~f~*R.~;';, ,0-; _, BARNES, SUCCESSOR CO-TRUSTEE OF THEVECLARATlON OF TRUST KNOWN AS THE MIKE,STA,tHAi< ' TRUST, DATED MARCH 13, 1995, I, ':ii',,;:""':-- .-. ",', ,; j! ../,,, . ;:.~ .;.,' ," 0__.._..___ _,~___~i___ (Notary Pubiic for My commission expires. THE DECLARATION OF TRUST KNOWN AS'THE MIKE STAIHAR TRUST, DATED MARCH 13, 1995 1110 VIRGINIA AVENUE MOSCOW, 1D 83843 ,GRANTOR'S NAME AND,ADDRESS Until'a c~ange is requested Date Received:ail tax statements shall be , sent to the following address: MAY 2 0 2009 ***SAME AS GRANTEE*** " " MA T PRUV1S 1200 HILYARD STREET, STE 470 EUGENE, OR 97401 GRANTEE'S NAME AND ADDRESS ')riqinal Submittal After n~cording return to: CASCAQE TITLE CO, 811 WIL~AMETTE EUGEN~, OR 97401 , WRD, '(0 RETURN TO CASCADE TITLL ~J. ~ " ' Division of Chief De~u~~c~~~~k 2~~~.~1~~5~ i1~i~lilmliilmillilll ~ mmlMlllIl1 IZI.OO 00977844200800100540010~I6 02/22/200803:48:31 PM RPR-DEED' Cnl=l Sln=6, ii CASHIER 07 $5,00 $11,00 $10.00 r.: CASCADE TITLE CO. i TITLE NO, 0256107 !'\M<") ESCROW NO, EU07~237:( . TAX 'ACCT, NO: 0218774 MAP/TAX LOTNO, 17032624 #1600, W ARRANTYDEED -- STATUTORY FORM " ' MARIE ST AIHAR, SUCCESSOR CO'TRUSTEE OF THE DECLARA TlON OF TRUST KNOWN AS THE MIKE STAIHAR TRUST, DATED MARCH 13, ]995, Grantor, conveys and warrants to MIJ.7mr1Y1"I,INWIfrI SPRINGFIELD DIALYSIS, LLC, an Oregon' Limited" Liability COIIIJ?any, .. I, grantee, the following described real property free of encumbrances except as specifically set forth herein: . r Beginning at a point, 1254,82 f!"et West' and 3 0 feet North of the' Southeast corner of J, Halstead and Wife DLC 47 in Section 26, Township 17 South, Range 3 West of the Willame~te Meridian, and running thence West along ~the North line of Mohawk Road (Q Street) 140 feet; thence North 312,50 feet thende East 140 feet; thence South 312.50 feet to the point of. beginning; in Lane County, Oregon. . BEFORE SIGNING OR ACCEPTING THIS IN1iTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT ;fHE:PERSON'SRIGHTS, IF ANY, UNDER ORS ]97.352, THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT]N , VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE ~IGNING OR ACCEPTING, THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEp,ARTMENT TO VERIFY APPROVED USES, TO DETERM]NE ANY LIMITS ON LA WSUITS AGA]~~T FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30,930 AND TO INQUIRE ABOUT THE RIGHTS OF ' NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS ]97,352, Except the following encumbrances: ' The true consideration for this conveyance is $806,750,00 Dated this 26 ' day of G, el/~4.j, eJ/ " 20{) 7 t THE DECLARA TI~~ TRUS r K~ AS THE MIKE ST AIHAR -TRUST, DATED 1v)ARCH 13, 1995 BY (\I\.'AA't C, G 7....:l::c,tt- " I MAR.IE ,~T AIHAR; SUCCES~OR CO-TRUSTEE ' , , State of , COllntyof W4>~'.qh DC. ine,2f~asacknowledgedbeforemeoi1 )ep-f,~tr zC: 2007byrvjARIESTA1HAR, ~Ii,.' .~:K~:rO'TIm DceCAM""" ~ M'~' 'TAmAR TRun. '''''1";''''''''''' (~~, ' :J}\'l=i.."1>:'P,\\'c:;"_..,,,' ~, '<; -." /" _ -...... . :l~lH:{~~,:,~~~'i1Y{~?~" :/ (~o~~. =-- ). li:~:jfBt?~f:~" My commISSIOn expire' MARD()IJi IFD SI\ IJUM~ '( , "'\';':?::::,;;,:: NcloryPublr(.o f'~ j),sf.",.;J OJ. (e 0' L I~ Nt','::; ~ , MyCommi;'io., c-tpireJ DRU!.jol:f 'U 20~/ ;' ','" ,~,,, ,..c,' , ,,,,,,",,,,,;nON OF TRUST KNOWN 'Until a'change is requested ',' :' ,:r'AS :jiHEoMIK.'E STAIHAR TRUST, DATED " ~)JviARCH i3,'iI9,95' , ""~.,,:;--~--<' :rnO ,VIRG1W1A'A VENUE \ - ,. MOSC..Q,W,.JIQ;, 8384 3 f':c:('f8:~T~~i~'1jfME~ND ADDRESS .~~~~;, :'~::.~:~ ~..:':'.:.': ~~.-:f:'.i;~:;~::',:' ~ .~' - MATPRUV1S ' 1200 HILYARD STREET, STE 470 ," EUGENE, OR 9740 I GRANTEE'S NAME AND ADDRESS Date Received: , , all tax statements shall be , sent to'lthe following address: ***SA'ME AS GRANTEE'** , ,.' MAY 2 0 2009 .......:"t!~:.i.l Submittal After recording return to: CASCADE TITLE CO, ~ II WILLA METTE EUGENE, OR 97401 WRD