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HomeMy WebLinkAboutDeed APPLICANT 2/11/2011 .~.. " . . FDRN No. 240 - ESTOPPEl DEED - MORTGAGE OR TRUST DEED (In lieu of foreclosure) (lnd or Corp.). Cl 198&2008 STEVENS.NESS LJ,W PU8USHrNQ CO PORTl.AND OR EOB _llI.....nsnltSSoom NO PART OF ANY STEVENS.NESS FORM MAY BE REPRODUCED IN ANY FORM OR BY ANY ELECTRONIC OR MECHANICAL MEANS. o OOKES & OOKES rolSTRJCl'ION --l?--(j--8()i(--7trl~S----------------------------------- -------------------------------------------------------- __~~,__C?~_]t7~9_~________________________ First Per!x:!.Name.....d Add,." AB M::GUIRE TRJi:>'l' __~__C)_~_2:l6______________________________________ _J8ClS~I!E(i.__C)~_~7_47Jl_____________________ Second Party's Name end Address After recording, nttum 10 (Name, Address, ZIp); AB M::GUIRE TRUST ---ji-(j-EKjj{-:i7i5------------------------------------ :::~~~~::~~~::~~~~Q:::::::::::::::::::: UnUl ~uesllld oth~_, send all tax St.ltements 10 (Name, Address, ZIp): AB MCnJIRE TRJST ---ji-(j-EK)j{-:i7i5------------------------------------ -------------------------------------------------------- ___~~~J__~~__~~~~9____________________ / ~ Division of Chief Depuly Clerk 2^IUeeMA Lane Counly Deeds and Records U U-UgUU" 1111111111111111111111111111111111111111111111111 $52,00 01196487201000660440020039 12/29/2010 02:52:52 PM RPR-DEED Cnl=1 Sln=l~ CASHIER O~ $15.00$11.00 $16.00 $10.00 Witness niy hand and seal of County affi.xed. --------NA~E---------------------TITLE-------------- By nnnnn_n_n_h______________nnn. Deputy. ESTOPPEL DEED MORTGAGE OR TRUST DEED lrliIS Il'DIOI'TlJRJE betYleen ____~__~__l)~__~~_~J_C?~__________________________________________________, hereinafter called the first party, and ____K~!LR~~;:lU\!:l!:U~~B(;:;;U,b__~,n'!'ElJ~_QLTh~L@J'~Q~llB!';_TflJS hereinafter called the second party; WlrnIOSSIOTH: Whereas. the title to the real property hereinafler described is vested in fee simple in the first party, subject 10 the lien of a mortgage or trust deed recorded in the Records of the county hereinafter named, in 0 book 0 reel 0 volume No. n_n____nn_ on page ______________, and/or as 0 fee 0 file 0 instrument 0 microfilm Qg reception l'o.:zrtQ9_,:179L3(indicate Ylhich), ref- erence to those Records hereby being made. and the notes and indebtedness secured hy the mortgage or trust deed arc now owned by the second party, on Ylhich notes and indebtedness Lhere is noYl oYling and unpaid the sum of $_Ji4;i.(tQ(t,(tQn, the same being now in default and the mortgage or trust deed being now subject to immediate foreclosure; and whereas the first party, heing unable to pay the same, has requested the second party to accept an absolute deed of conveyance of the property in satisfaction of the indebt- edness secured by the mortgage or trust deed, and the second party does now accede to that request; NOW, THEREFORE, for the consideration hereinaftcr staled (which includes the cancellation of the notes and the indebted- ness secured by the mortgage or trust deed and the surrender thereof marked "Paid in Full" to the first party), the first party does hereby grant, bargain, sell and convey unto the second party and to second party's heirs, successors and assigns, all of the following described real property, with the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining, situ. ated in n~_~nn_h_h_____________ County, State OL_~O~m______h_h_______' to-Ylil: SEE ATI'AOlED EXHIBIT "A" Date Received: FEB 1 1 2011 Original Submittal (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE) The true and actual consideration for this conveyance is $n_n~~___________. (Here comply with ORS 93.030.) ______n__n ___~_~__~?_~?_&OO. 00 plus interest and fees -------- --------------------------------------------------------------------------------------------------------- (OVER) ~:-I ....... e TO HAVE AND TO HOLD the same unto the second pany and .second party's heirs, successors and assigns forever. And the first pany, for first party and first party's heirs and legal representatives, does covenant to and with the second party and second party's heirs. successors and assigns, that the first pan)" is lawfully seized in fee simple of the property, free and clear of encumbrances except the mortgage or trust de"cd and not otherwise except (if none, so state) ___WJ.I2.gi.Q_E:.tP~_.1'~es.$_____ --CQMtJJ,i.Qt.i,9n_~~tJ';__<ID9LQ:r__f~,__gffi__eS!Sm\!'Wj;.~L9t:_ BemXlt.__m__________ _____________________________ -----------------------------------------------------------------------------------------------------------------------------------, that the first party will warrant and Fqrever deFend the above granted premises, and every part and parcel thereoF against the lawful claims and demands of all persons whomsoever, other thah the liens above expressly excepted; that this deed is intended as a con- veyance, absolute in legal effect as well as in form, of theititlc to the premises to the second party and all redemption rights which the first party may have therein, and not as a mortgage, truSt deed or security of any kind; that possession of the premises hereby is surrendered and delivered to the second party; that in executing this deed the first party is not acting under any misapprehension as to the effect thereof or under any duress, undue influence, or misrepresentation by the second party, or second party's representa- tives, agents or attorneys; that this deed is not given as a preference over other creditors of (he first pany, and that at this time there is no person, partnership or corporation, other than the second party. interested in the premises directly or indirectly, in any manner whatsoever, except as set forth above. In construing this instrument, it is understood and agreed that the first party as well as the second pany may be more than one person; that if the context so requires the singular ,includes the plural, and that all grammatical changes shall be made, assumed and implied to make the provisions hereof apply equally t6 corporations and to individuals, IN WITNESS WHEREOF, the first party has executed this instrUment. If first party is a corporation, it has caused its name to be signed and its seal, if any, affixed by an officer or other person duly authorized to do so by ordcr of its board of directors. DATED __Oe=Jbe.L20~_2010____m___m__m' ~~~~---------_:_--- DAVID E. DUKES, PRESIDENT . BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULO INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNOER ORS 195300, 195.301 ANO 195,305 TO 195.336 ANO SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT AllOW USE OF THE PF,lOPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING DR ACCEPTING THIS INSTRUMENT.' THE .PERSON ACOUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING OEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT DR PARCEL, AS DEFINED IN ORS 92,010 OR 215,010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING DR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INOUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNOER ORS 195,300, 195.301 AND 195,305 TO 195,336 ANO SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. STATE OF OREGON. County of ___lllNE._mmmhh_mm____) 5S, This instrument was acknowledged before me on ___n__nnnnnnn_________n______nn_n_. by _______________________________._____________________________________________________________________. This instrument was acknowledged before me on __R~~~_~P...L__~919______n___~_~_____, by ___~3l!I1_f;,__~______________________________________________________________________________ ~, ....l?~~I1~_____________________________________________________________________________________ of ---_~~_~_);~gl?__~P..'JWg'lg;1~______________._~---nnnn ____.._.____n_m____' :/2~.---.d M- ~ol;.;-Publi~~g~~--- - 6J_/.-:~m My commiSSion expires _~_______________________________________ FEB 1 1 2011 (8 OFFICIAL SEAL . JOSEPH M SilENCE , j NOTARYPUBUC.OREGON . / COMMISSION NO. 435798 MV COMMISSION EXPIRES FEBRUARY 19. 2013 Date Received: Original Submittal PUBLISHER'S NOTE: \, uslng this form to eOlwey..... property subject 10 ORS n027,lnelud.lhe requIred nlflItenee. ,. .._~ . . . Page I of! Legal Description EXHIBIT A Beginning at a point in the center of County Road No. 221, said point being 330 feet North 0' 06' East ofthe Northeast corner of the James Ebbert Donation Land Claim No. 74, Township 17 South, Range 3 West of the Willamette Meridian; thence North 89056' West 300 feet; thence North 0' 06' East 5 feel; thence North-!9' 56' West 140 feet; thence North 0' 06' East 65 feet; thence South 890 56' ElISt 440 feet to a point in the centerline of said County Road; thence South 0' 06' West 70 fcetlO the Point of Beginning, in Lane County, Oregon. EXCEPTING THEREFROM the West 70 feet. ALSO EXCEPTING THEREFROM that portion lying within the right of way of County Road No. 221 now known as North 28111 Street. Date Received: FEB 1 1 2011 Original Submittal