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Home My WebLink AboutDeed APPLICANT 2/19/2010 , d ~ ~ = ~ = lQS (Q c/r~)LSL/IO' ~ RETURN TO CASCADE TITLE CO. Division .of C"'f Deputy Clerk Lane County Deeds and Records ~~~~.~~J~~~ After Recording Return To: DouglBs R. Schultz PO Box 1147 Eugene, OR 97440 Send Tax Statements To: Brownfields Land & Development, LLC 2851 NW 9th Street, Suite D Corvallis, OR 97330 1111111111111111111111111111111111111111111111111 $36,00 01069393200900230090030038 04/30/2009 08: 42: 17 AM RPR-DEED Cnt=l Stn=6 CASHIER 07 $15.00 $11.00 $10.00 SHERIFF'S DEED ON EXECUTION OF FORECLOSURE This Indenture, made this 28'h day of April, 2009, between Russel E. Burger (Grantor), as Sheriff of Lane County, State of Oregon, the party of the first part, and BROWNFIELDS LAND AND DEVELOPMENT, LLC, AN OREGON LIMITED LIABILITY COMPANY (Grantee), the party of the second part, Witnesseth, that whereas, by virtue of a Writ of Execution duly issued out of and under' the seal of the Circuit Court of the State of Oregon, for Lane County, dated the 9th day of September, 2008, upon a judgment of foreclosure duly made and rendered in the said Court on the 21st day of August, 2008, in a suit for the foreclosure of a Mortgage or a Judicial Trust Deed in which BROWNFIELDS LAND AND DEVELOPMENT, LLC, AN OREGON LIMITED LIABILITY COMPANY, was plaintiff and WALT'S CONCRETE CO., AN OREGON CORPORATION; STATE OF OREGON, EMPLOYMENT DEPARTMENT; UNITED STATES OF AMERICA; BERRY-HINCKLEY INDUSTRIES, A NEVADA CORPORATION; PAPE' BROS., INC.; AN OREGON CORPORATION; WESTERN STATES EQUIPMENT COMPANY, AN IDAHO CORPORATION; COMMERCIAL RECOVERY, INC., AN OREGON CORPORATION; FORD MOTOR CREDIT COMPANY, A DELAWARE CORPORATION; BERKLEY RISK ADMINISTRATORS COMPANY, LLC, A SOUTH DAKOTA CORPORATION; STATE OF OREGON, BUREAU OF LABOR AND INDUSTRIES; GRESHAM TRANSFER, INC., AN OREGON CORPORATION; STATE OF OREGON, DEPARTMENT OF CONSUMER AND BUSINESS SERVICES; AND DOES 1-4 were defendants, to the Sheriff of said County directed and delivered, commanding him to make sale of the real property hereinafter described and conveyed, and in said judgment and execution specified. And Whereas, in obedience to said command, and under and by virtue of said Writ of Execution, the said Sheriff did levy, seize, and take all the lands, tenements and real estate which the said defendant(s), the judgment debtor(s), (or any of them), had in and to the said premises hereinafter particularly set forth, described and conveyed, with the appurtenances, and did on the 29th day of October 2008, sell all the right, title, interest and claim of the said defendant(s) in said suit and to the said premises, at public oral auction, at the Lane County Sheriffs Office reception area of the Lane County Courthouse, Eugene, Oregon, between the hours of nine in the morning and four in the afternoon of that day, namely, at11 :00 o'clock a.m., after having first given due notice of the time and place of said sale according to law, to wit: By publishing a printed notice, particularly describing the property and that it was subject to redemption, once a week for four successive weeks, making four publishing's in all, with the last publication at least one week prior to the day of sale, in the Register Guard, a newspaper of generai circuiation printed and published in Lane County, Oregon, and by sending forthwith prior to the making of the first of such publishing's, a copy of such notice by certified mail return receipt requested to each of the judgment debtor(s) at his/her last-known post-office address or place of residence, and, if applicable, to all other parties as specified by the judgment creditor in the sheriffs instructions by first class mail at the address listed in said instructions, at which sale all of the right, title, interest and claim of the said defendant(s) (or any of them) in and to the said premises, were struck off and sold to BROWN FIELDS LAND AND DEVELOPMENT, LLC, AN OREGON LIMITED LIABILITY COMPANY, for the sum of $2,838,119.86 being the highest bidder and that being the highest sum bid therefore by the Plaintiff as credit upon the judgment. Date Received: FEB 19 20\0 1 Original submittal "' . . And Whereas, the said Sheriff, after receiving from the said purchaser the sum of money so bid as aforesaid, gave to the said purchaser such certificate of sale as is by law directed to be given, and the matters contained in such certificate were substantially stated in' said Sheriff's return of his proceedings upon said Writ of Execution to the court administrator of the Circuit Court of Lane County, State of Oregon. And Whereas, the court confirmed said sale by order, and the time having expired as required by statute without any redemption of the said premises having been made, Now, Therefore, This Indenture Witnesseth: That I, Russel E. Burger, Sheriff of said Lane County, by virtue of said Writ of Execution and in pursuance of the statute in such cases made and provided for, and in consideration of the said sum of money in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold, conveyed and confirmed, and by these present do grant, bargain, sell, convey and confirm unto the said party of the second part, and to their successors, heirs and assigns forever, all the right, title, interest and claim which the said defendant(s) in said suit (or any of them) had on the 21 st day of February, 2002, or at anytime afterwards, or now have in or to all these certain lots, pieces or parcels of land, situated, lying and being in the said Lane County, State of Oregon, and more particularly described as follows, to wit: PARCEL 1 Beginning at a point 2730.4 feet North of the intersection of the West line of the J.C. Carter Donation Land Claim No. 58, in Township 17 South, Range 2 West of the Willamette Meridian, with center of the McKenzie Highway; thence East 340.0 feet to the railroad right of way; thence North 128.1 feet; thence West 340 feet to the County Road, known as the Emery Road; thence South 128.1 feet to the place of beginning, in Lane County, Oregon. EXCEPT THEREFROM the East 86.0 feet. PARCEL 2 Beginning at a point in the West line of the J.C. Carter. Donation Land Claim No. 58, 2858.5 feet North of the intersection of said West line, if extended, with the centerline of the McKenzie Highway; thence North 00 05' East 128.1 feet; thence South 890 44' East 274.0 feet; thence South 00 05' West 83.1 feet; thence Southwesterly to a point 254.0 feet South 890 44' East of the place of beginning; thence North 89044' West, 254.0 feet to the place of beginning, in Lane County, Oregon. PARCEL 3 Beginning at a point 2670.4 feet North of the intersection of the West line of the J.C. Carter Donation Land Claim No. 58, Township 17 South, Range 2 West of the Willamette Meridian with the center line of McKenzie Highway; run thence East 150.0 feet; thence North 60.0 feet; thence West 150.0'feet; thence South 60.0 feet to the point of beginning, in Springfield, Lane County, Oregon. EXCEPT that portion described in ~hat deed to the City of Springfield, recorded January 7, 1975, as Reception No. 7500678, Lane County Official Records. PARCEL 4 Beginning at a point 2602.3 feet North of the intersection of the West line of J.C. Carter Donation Land Claim No. 58, Township 17 South, Range 2 West of the Willamette Meridian, with the center line of McKenzie Highway; running thence East 340 feet; thence North 128.2 feet; thence West 340 feet; and thence South 128.1 feet to the point of beginning, in Lane County, Oregon. 2 Date Received: FEB j 9 2010 Original Submittal ~. ,! . . EXCEPTING THEREFROM beginning at a pOint 2670.4 feet North of the intersection of the West line of the J.C. Carter Donation Land Claim No. 58, Township 17 South, Range 2 West of the Willamette Meridian with the center line of McKenzie Highway; run thence East 150.00 feet; thence North 60.00 feet; thence West 150.00 feet; thence South 60.00 feet to the point of beginning, in Springfield, Lane County, Oregon. ALSO EXCEPT that portion described in that deed to the City of Springfield, recorded January 7, 1975 as Reception No. 7500678, Lane County Official Records. COMMONLY KNOWN AS: 945 North 28th Street,'Springfield, OR, 97477 Together with all the singular tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. This instrument does not guarantee that any particular use may be made of the property described in this instrument. A buyer should check with the appropriate city or county planning department to verify approved uses. To Have and To Hold the same premises, with the appurtenances, unto the said party of the second part, their successors, heirs and assigns forever, free from all ciaim thereon upon the part of said defendant(s) (or any of them), and as fully and absolutely as by law the party of the second part can or ought to have or to hold the same hereunder. In Witness Whereof, I, the said Sheriff, have hereunto set my hand and seal the day and year first above written. DATED this 281h day of April, 2009 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, 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, ORS 197.352. Russel E. Burger, Sheriff of Lane County, State of Oregon ~~ By: Douq Osborne, Deputy Date Received: STATE OF OREGON Lane County FEB I 9 2010 Original Submittal This instrument was acknowledged before me by Douq Osborne, as a duly appointed and commissioned deputy of ssel E. B~rge , the Sheriff of lane County, Oregon. , ss. April 28, 2009 Before me: (Notary Public fOt' . OFFICIAL SEAL TERI LOPEZ NOTARY PUIlUC-OREGOII COMMISSION NO. 403815 MY COMMISSION EXPIRES MARCH 20, 2010 3