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15171 ~ Murdock ~ 103rd Avenue • 9394, If a `' 15171 DEED ii The PRESBYTERY OF PORTLAND, an Oregon '4 •1, � Corporation, g _ ,'; 1, conveys to the TIGARD WATER DISTRICT, an Oregon Domestic Water Supply Corporation, all that real property situated in Washington 'i. <° County, State of Oregon, described as : f ", Beginning at the Southwest corner of Lot 7, TIGARDVILLE HEIGHTS, in Township 2 South, Range 1 West, Section 11, 1,71 , West of the Willamette Meridian, in Washington County, * 4 Oregon; thence North along the West line of said Lot 7 \� ? a and Lot 6 of TIGARDVILLE HEIGHTS to a point which is t i 4d the Southwest corner of that parcel of land deeded to Tigard Water District recorded pcxxxxxX��XXnXioxk March 16 . 1970. i ge Book 774 , page 11, Records of Washington County, Oregon; ad- o f thence North 89 °36 ' East 214. 00 feet to the Southeast corner of said District tract; thence North 01°19 ' East - '1 along the East line of said District tract and an ex- tension thereof to a point on the North line of Lot 5 in said TIGARDVILLE HEIGHTS, said point also being on 0.1 4 the centerline of that street dedicated to the public yin Book 758, page 848; thence along the centerline of ti j said street East 50 feet to a point which is North 89° i a33 ' East (Plat North 89°38 ' East) 264 feet from the 0 Northwest corner of said Lot 5 Tigardville; thence South , 0 01°19 ' West parallel with said Westerly boundary of A 8 a Lot 5 to a point in the center of Southwest Murdock Street; thence West along the center of Southwest Mur- A o ' dock Street to the point of beginning; 4. * 1 of 0 SUBJECT TO rights of the public in streets, roads and c,„ ahighways; statutory powers including the power of n, assessment of the Unified Sewerage Agency of Washington * County, a Municipal Corporation; and easements of record t Cyt' in favor of the Grantee; Grantor reserves an easement -; : $ 4 over and under the north 25 feet of Lot 5; This instrument is being re-recorded to orrect scrive rs e r \:' th t it is free from encumcbrances create or suf eyed g and covenants a ) f by Grantor and that Grantor will warrant and defend the same againstro ; ; `0 =' N all persons who may lawfully claim by, through or under Grantor. o Q The Grantor further conveys to the said Grantee all rights and a t claims of the Grantor in the Conditions and Restrictions recorded i: = a $ a in Book 774 at page 11, Washington County, Oregon, and hereby de- l ?, • clares the same to be cancelled, void and of no further force or 0o: i:: "' effect. The true and actual consideration for this transfer is $11, 000. 00. ' DATED this JT"r'Lday of June, 1973. 42 � � PRESBYTE OF PORTLAND BY ! l-a' ' C,�,-4 ) -7( .'-'\ Au ha iz sig►.ture ti STATE Off' .OREGON ) ! i , a County of Washington ) 4,. , Aut erized signat" re 0.1 �. On this <f day of June, 19'73, personally appeared the above named .7'0114, G, P4.i/.rJ' , who, being sworn, stated that he is the ,M-.". Sfw fed C/p.* bf Grantor Corporation, and that the seal affixed i hereto is its seal and that this Deed was voluntarily signed and C4Yi '* sealed on behalf of the Corporation b authorittyAof ' Board of x Dir rs. Before me : ,hi B0f, 940 P �' Notary Public for Oregon `,,, 9I2 mE281 My commission expires : APV . /f-/,/t).3. Vf/� 1.3 :0- „?-r--,--?---iren4-4--2.-k- ' f") STATE OF OREGON ss "✓ I,� daii, ON ! /J� C���w STATE OF OREGON County of Washington ss ,e d gig-4 STATE OF OREGON 1 County of Washington I, Roger Thomssen, Director of County of Washington ss Con- and Elections and Ex-Officio Recorder o Records I, Roger Thomssen, Director of Records veyances for said count and Elections and Ex-Officio Recorder of Con- that the within instrumentd of e yn certify I, Roger Thomssen, Director of Records that he for said county, do hereby certify received and recorded in book of records was and Elections and Ex-Officio Recorder of Con- cthe within instrumentedino of writing was veyances for said county, do hereby certify' received and recorded in book of records No. that the within instrument of writingwas No. • of said County received and recorded in book of recors of said County No Witness my hand and seal affixed. of said County Witness my hand and seal affixed. • ROGER THOMSSEN, Director of ROGER THOMSSEN, Director of Records & Elections Witness my hand and seal affixed. i:1 Records & Elections �-- /'i, ROGER THOMSSEN, Director of 1%.,' �I G/ ?47 t 24 ICI Records & Elections 1111.6 Deputy l'e49 ut ,;, SSP II) 1 , ,,,s ..- tin w 3 20443 f fe cos aaoD vaav 9L -64.9 aNOHdalAl . ) ( • EZZL6 NO0 0 `Q21VOl.L ZSStl Xo9 ' d A\1/1 J,,k 1.31\1110 V l I 31s 'Q 1 V H'9,l w 7 T "' A t WATER E snu ` T 0041 8. W. COMMERCIAL ST. TIGARD, OREGON 97223 PHONE (503) G39-1554 June 18, 1973 Chas. G. Epps, Deputy Director Department of Revenue end Taxation Washington County Courthouse 150 N. First St. Hillsboro, Oregon 9712.3 Dear Mr. Epps: Please be advised that Tigard Water District, a tax exempt body, will purchase a parcel of lend, 1.65 acres, as shown on the attached map pr_i.or. to June 30, 1973. The legal description as shown on the earnest money receipt will be modified to include a metes end bounds legal description. Tigard Water District now owns tax lots 2600, 2801, end the 33- foot wide strip south of tax lot 2801. It would be desirable to consolidate all of these lots, along with the newly acquired property, into ene tax lot. Upon acquisition the district will denote to the City of Tigard that portion of tax lot 2601 which is in the public right-of-way. You will be notified prior to June 30th of the actual acquisition. Very truly yours, TIGM D UATER DISTRICT Pobert E, Santee Acmni.ctrator .. TO 1529 PNTI (4•-72) OR S , ._ r.!i L/ r•, ..�3 . ..-. � . _ k,i �i7r! � !te'PLY-- a : Premium $ 7 5.00 e k 4, J POLICY OF TITLE INSURANCE `. r i i r ISSUED BY Pioneer National Title Insurance Company $�`` ,'• a California corporation, hereinafter called the Company, for a valuable consideration paid for - this policy of title insurance, the number, date, and amount of which are shown in Schedule A, • ;: . does herebyinsure theparties named as Insured in Schedule A, the heirs, devisees, personal , , . representatives of such Insured, or if a corporation, its successors by dissolution, merger or con- °r,' • solidation, against direct loss or damage not exceeding the amount stated in Schedule A, together . • )F : with costs, attorneys' fees and expenses which the Company may be obligated to pay as provided : 7 in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: , Title to the land described in Schedule A being vested, at the date hereof, other- # wise than as herein stated; or A?:i • , Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, a or other matters shown or referred to in Schedule B; or Any defect in, or lien or encumbrance on,said title existing at the date hereof, not I shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations; or W` Any defect in the execution of any mortgage or deed of trust shown in Schedule B rs 6 : securing an indebtedness, the owner of which is insured by this policy, but only inso- far as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or ;i M1.,rs: encumbrance upon said land, except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority, E , r all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and Stipulations, together with Schedules A and B are hereby made a part of this policy. K• 1"This policy shall not be valid or binding until countersigned below by a validating officer of the m 4 Company. In Witness Whereof, Pioneer National Title Insurance Company has • caused its corporate name and seal to be hereunto affixed by its duly s authorized officers. 1if,} I i`; m. iii ar ;:5c Pioneer National Title Insurance Company I`r by "4,-g. -z— A'` r PRESIDENT ' r A to d ot d y.% IYI a? ....I ► �i 5. �' Attest: Countersigned: TITLE AND TRUST DIVISION / SECRETARY , 10..4 9 By NrPtij4)4‘°.°'-'-- If r 1,1\ li 'halidating Signatory _ �mL'{m�u�� SIII{yl!!4PIIIIIIuII!III�!II!Il,iu!IIII II!IIIIII!4 __ _ _ _ mupigmwrmmwiuu j."....L..M.Zt.. C9:G.Kla'GR!r_�I.wtEEN r. .... ...LSin.quT...:+._I IEn t _._It _..... ..::It, . .... .»...-..�.......:-.-..--1.,----.---7,-..... :wt .:'L .- - RATING BUREAU FOR TITLE COMPANIES IN OREGON STANDARD COVERAGE POLICY FORM is SCHEDULE A Amount $ 11,000.00 Date September 19, 1973 At 8:00 A.M. INSURED TIGARD WATER DISTRICT an Oregon Domestic Water Supply Corporation The estate or interest referred to herein is, at the date hereof, vested in TIGARD WATER DISTRICT, an Oregon Domestic Water Supply Corporation. The land referred to in this policy is described as Beginning at the Southwest corner of Lot 7, TIGARDVILLE HEIGHTS, in Township 2 South, Range 1 West, Section 11, West of the Willamette Meridian, in Washington County, Oregon; thence North along the West line of said Lot 7 and Lot 6 of TIGARDVILLE HEIGHTS to a point which is the Southwest corner of that parcel of land deeded to Tigard Water District recorded March 16, 1970, in Book 774, page 11, Records of Washington County, Oregon; thence North 89° 36' Fast 214.00 feet to the Southeast corner of said District tract; thence North 01° 19' East along the East line of said District tract and an extension thereof to a point on the North line of Lot 5 in said TIGARDVILLE HEIGHTS, said point also being on the centerline of that street dedicated to the public in Book 758, page 848; thence along the centerline of said street East 50 feet to a point which is North 89° 33 ' East (Plat North 89° 38' East) 264 feet from the Northwest corner of said Lot 5 TIGARDVILLE; thence South 01° 19' West parallel with said Westerly boundary of Lot 5 to a point in the center of Southwest Murdock Street; thence West along the center of Southwest Murdock Street to the point of beginning. PAGE 2 OF POLICY NO. 34-A-649O5H F-ZOO R.-70 Standard Coverage Policy SCHEDULE A—Continued The estate or interest in the land described in this schedule is:———a 'i e --- SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust is expressly insured on page 1 of this policy. 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; pending proceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance or order therefor. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights, claims or title to water. 4. Discrepancies,conflicts in boundary lines, shortage in area,encroachments or any other facts which a correct survey would disclose. 5. The premises herein described are within and subject to the statutory powers, including the power of asses s.1ec1:., of the Unified :i e:Vera e "ency of ..ashington ':.ounty, a 'municipal corporation. 6. fight 7 of the public in streets, roads and hig;`ways. 7. asenent, as set forth in deed ranted to Tigard taterN stric t, recorded July 31, 1 > 7 , in Book 276, page 659, Need e.coras , affect- ing the North 25 fest of Lot 5. O. ^•.scuent fro:_1 i ar'd Nistrict, to _ weshytery of Portland, ; ecor_'n, October 30 , 19'37 , in Book C - 3 , )a `' _ , ._'_scar-, of ,ash.- in ton ,oum? tv, a:Tfsc in the ..cost Northern portion of Lot _. . PAGE 3 OF POLICY NO. 3-'.--1.-Y:-905}I F-207 R 4-70 This map is made solely for the purpose r!; of assis'ing in locat ng said premises and in the Co^, -.;y a-_..:r-<:.s liability for variations, c C: ,ns and lo- 3) `' Esti.:-..%n as _ '. .1 _ .-.,`y. 1 i...,":.•„:. tt::l a...,... ....... ie s.•r....aaa..t C . ' ,,,,+ P ( r. N,) ♦ ( 'f .+ t[t S' III 1 .4 cl' i i ��l i "- f r 1 h. nit i +�'? I'-_., .� -s� 'T. } . t i 1 1 I i"ii .. d dr t 1 n i I { s+ 't" ,r i ,, aT,, -F r. � \ 1 ,C C) m I It • Ii i M li i€ I! ` _- m. x ray, 4 1 r . ;, )4; . pp i I , 1 i i _ ry ro } - j f +r t I, f ;i r:, �tl 0 ..y I c^; i'",, r`% S`' r.. •.r) ; t CONDITIONS AND STIPULATIONS (Includes those in the American Land Title Association-Owner's Policy-Standard Form B-1962) 1. DEFINITION OF TERMS Schedule A or title to streets,roads,avenues, the Company within ten days of the receipt lanes, ways or waterways on which such of process or pleadings or if the Insured The following terms when used in this land abuts, or the right to maintain therein shall not, in writing, promptly notify the policy mean: vaults,tunnels,ramps or any other structure Company of any defect,lien or encumbrance (a) "land": the land described, spe- or improvement; or any rights or easements insured against which shall come to the cifically or by reference, in Schedule A and therein unless this policy specifically pro- knowledge of the Insured, or if the Insured improvements affixed thereto which by law vides that such property,rights or easements shall not, in writing, promptly notify the constitute real property; are insured, except that if the land abuts Company of any such rejection by reason of upon one or more physically open streets or claimed unmarketability of title, then all (b) "public records": those records highways this policy insures the ordinary liability of the Company in regard to the which impart constructive notice of matters rights of abutting owners for access to one subject matter of such action,proceeding or relating to said land; of such streets or highways,unless otherwise matter shall cease and terminate; provided, (c) "knowledge": actual knowledge, excepted or excluded herein. however, that failure to notify shall in no not constructive knowledge or notice which (d) Defects, liens, encumbrances, ad- case prejudice the claim of any Insured may be imputed to the Insured by reason verse claims against the title as insured or unless the Company shall be actually preju- of any public records; other matters (1) created,suffered,assumed diced by such failure and then only to the (d) "date": the effective date; or agreed to by the Insured claiming loss or extent of such prejudice. damage; or (2) known to the Insured (c) The Company shall have the right (e) "mortgage": mortgage, deed of Claimant either at the date of this policy or at its own cost to institute and prosecute any trust, trust deed, or other security instru- at the date such Insured Claimant acquired action or proceeding or do any other act ment; and an estate or interest insured by this policy which in its opinion may be necessary or (f) "insured": the party or parties and not shown by the public records, unless desirable to establish the title of the estate named as Insured, and if the owner of the disclosure thereof in writing by the Insured or interest or the lien of the mortgage as indebtedness secured by a mortgage shown shall have been made to the Company prior insured; and the Company may take any in Schedule B is named as an Insured in to the date of this policy; or (3) resulting appropriate action under the terms of this Schedule A, the Insured shall include (1) in no loss to the Insured Claimant; or (4) policy whether or not it shall be liable there- each successor in interest in ownership of attaching or created subsequent to the date under and shall not thereby concede liability such indebtedness, (2) any such owner who hereof. or waive any provision of this policy. acquires the estate or interest referred to in (e) Loss or damage which would not (d) In all cases where this policy per- this policy by foreclosure, trustee's sale, or have been sustained if the Insured were a mits or requires the Company to prosecute other legal manner in satisfaction of said in- purchaser or encumbrancer for value without or provide for the defense of any action or debtedness, and (3) any federal agency or knowledge. proceeding, the Insured shall secure to it instrumentality which is an insurer or the right to so prosecute or provide defense guarantor under an insurance contract or (f) Usury or claims of usury. in such action or proceeding,and all appeals guaranty insuring or guaranteeing said in- (g) "Consumer credit protection," therein, and permit it to use, at its option, debtedness, or any part thereof, whether "truth-in-lending," or similar law. the name of the Insured for such purpose. named as an Insured herein or not, subject Whenever requested by the Company the otherwise to the provisions hereof. 4. DEFENSE AND PROSECUTION OF AC- Insured shall give the Company all reason- 2. BENEFITS AFTER ACQUISITION OF TITLE TIONS — NOTICE OF CLAIM TO BE able aid in any such action or proceeding, GIVEN BY THE INSURED in effecting settlement, securing evidence, If an insured owner of the indebtedness obtaining witnesses, or prosecuting or de- secured by a mortgage described in Schedule (a) The Company, at its own cost and fending such action or proceeding, and the B acquires said estate or interest,or any part without undue delay shall provide (1) for Company shall reimburse the Insured for thereof, by foreclosure, trustee's sale, or the defense of the Insured in all litigation any expense so incurred. other legal manner in satisfaction of said consisting of actions or proceedings corn- indebtedness, or any part thereof, or if a menced against the Insured, or defenses, 5. NOTICE OF LOSS — LIMITATION OF federal agency or instrumentality acquires restraining orders, or injunctions inter- ACTION said estate or interest,or any part thereof,as posed against a foreclosure or sale of the a consequence of an insurance contract or mortgage and indebtedness covered by this In addition to the notices required under guaranty insuring or guaranteeing the in- said or a sale of the estate or interest in paragraph 4(b), a statement in writing of debtedness secured by a mortgage covered said land; or (2) for such action as may be anthe Company loss or damliablee for underwhich thiit is oliclashal by this policy, or any part thereof, this appropriate to establish the title of the be furnised to the Company swithin sixty policy shall continue in force in favor of estate or interest or the lien of the mortgage days after such loss or damage such Insured, agency or instrumentality, e as insured,which litigation or action in any been determined and no right of action shall subject to all of the conditions and sti ula- of such events is founded upon an alleged g I P defect, lien or encumbrance insured against accrue to the Insured under this policy until tions hereof. thirtyda s after such statement shall have by this policy,and may pursue any litigation Y 3. EXCLUSIONS FROM THE COVERAGE OF to final determination in the court of last been furnished, and no recovery shall be THIS POLICY resort. had by the Insured under this policy unless action shall be commenced thereon within This policy does not insure against loss (b) In case any such action or proceed- five years after expiration of said thirty day or damage by reason of the following: ing shall be begun, or defense interposed, period. Failure to furnish such statement of or in case knowledge shall come to the loss or damage,or to commence such action (a) Any law,ordinance or governmental Insured of any claim of title or interest within the time hereinbefore specified,shall regulation (including but not limited to which is adverse to the title of the estate or be a conclusive bar against maintenance by building and zoning ordinances) restricting interest or lien of the mortgage as insured, the Insured of any action under this policy. or regulating or prohibiting the occupancy, or which might cause loss or damage for use or enjoyment of the land, or regulating which the Company shall or may be liable 6. OPTION TO PAY, SETTLE OR COMPRO- the character,dimensions,or location of any by virtue of this policy, or if the Insured MISE CLAIMS improvement now or hereafter erected on shall in good faith contract to sell the said land, or prohibiting a separation in indebtedness secured by a mortgage covered The Company shall have the option to ownership or a reduction in the dimensions by this policy or,if an Insured in good faith pay or settle or compromise for or in the or area of any lot or parcel of land. leases or contracts to sell, lease or mortgage name of the Insured any claim insured (b) Governmental rights of police the same, or if the successful bidder at a against or to pay the full amount of this power or eminent domain unless notice of foreclosure sale under a mortgage covered by policy, or, in case loss is claimed under this the exercise of such rights appears in the this policy refuses to purchase and in policy by the owner of the indebtedness public records at the date hereof. any such event the title to said estate or secured by a mortgage covered by this interest is rejected as unmarketable, the policy, the Company shall have the option (c) Title to any property beyond the Insured shall notify the Company thereof in to purchase said indebtedness; such pur- lines of the land expressly described in writing. If such notice shall not be given to chase, payment or tender of payment of the (Conditions and Stipulations Continued and Concluded on Last Page of This Policy) • * 4,I. r, ,,• CONDITIONS AND STIPULATIONS (Gontinued and Concluded From Reverse Side of Policy Face) full amou'nt of this policy, together with 8. LIABILITY NONCUMULATIVE parcel by the Company and-the Insured at all costs;attorne; fees and expenses which the time of.the issuance of this policy and the Company is obligated hereunder to pay, It is expressly understood that the amount shown by an express statement herein or by shall terminate all liability of the Company of this policy is reduced by any amount the an endorsement attached hereto. hereunder. In the event, after notice of Company may pay under any policy insuring claim has been given to the Company by the validity or priority of any mortgage 10. SUBROGATION UPON PAYMENT OR the Insured,the Company offers to purchase shown or referred to in Schedule B hereof SETTLEMENT said indebtedness,the owner of such indebt- or any mortgage hereafter executed by the edness shall transfer and assign said indebt- Insured which is a charge or lien on the Whenever the Company shall have settled edness and the mortgage securing the same estate or interest described or referred to in a claim under this policy, all right of sub- to the Company upon payment of the Schedule A, and the amount so paid shall rogation shall vest in the Company unaf- purchase price. be deemed a payment to the Insured under fected by any act of the Insured,and it shall this policy.The provisions of this paragraph be subrogated to and be entitled to all rights 7. PAYMENT OF LOSS numbered 8 shall not apply to an Insured and remedies which the Insured would have owner of an indebtedness secured by a had against any person or property in respect (a) The liability of the Company under mortgage shown in Schedule B unless such to such claim had this policy not been this policy shall in no case exceed, in all, Insured acquires title to said estate or in- issued. If the payment does not cover the the actual loss of the Insured and costs and terest in satisfaction of said indebtedness or loss of the Insured, the Company shall be attorneys' fees which the Company may be any part thereof. subrogated to such rights and remedies in obligated hereunder to pay. the proportion which said payment bears to (b) The Company will pay,in addition 9. COINSURANCE AND APPORTIONMENT the amount of said loss. If loss should to any loss insured against by this policy, result from any act of the Insured, such act all cnt imposed d upon the Insured iigy (a) In the event that a partial loss shall not void this policy, but the Company, tion carried eod bythe Company for the occurs after the Insured makes an improve- in that event, shall be required to pay only p y ment subsequent to the date of this policy, that part of any losses insured against here- Insured, and all costs and attorneys' fees in and only in that event, the Insured becomes under which shall exceed the amount,if any, litigation carried on by the Insured with the a coinsurer to the extent hereinafter set lost to the Company by reason of the written authorization of the Company. forth, impairment of the right of subrogation.The (c) No claim for damages shall arise or If the cost of the improvement exceeds Insured, if requested by the Company, shall be maintainable under this policy (1) if the twenty per centum of the amount of this transfer to the Company all rights and Company,after having received notice of an policy, such proportion only of any partial remedies against any person or property alleged defect, lien or encumbrance not loss established shall be borne by the necessary in order to perfect such right of excepted or excluded herein removes such Company as one hundred twenty per centum subrogation, and shall permit the Company defect,lien or encumbrance within a reason- of the amount of this policy bears to the to use the name of the Insured in any able time after receipt of such notice,or (2) sum of the amount of this policy and the transaction or litigation involving such for liability voluntarily assumed by the amount expended for the improvement.The rights or remedies. Insured in settling any claim or suit without foregoing provisions shall not apply to costs If the Insured is the owner of the indebt- written consent of the Company, or (3) in and attorneys'fees incurred by the Company edness secured by a mortgage covered by the event the title is rejected as unmarketable in prosecuting or providing for the defense this policy, such Insured may release or because of a defect,lien or encumbrance not of actions or proceedings in behalf of the substitute the personal liability of any debtor excepted or excluded in this policy, until Insured pursuant to the terms of this policy or guarantor,or extend or otherwise modify there has been a final determination by a or to costs imposed on the Insured in such the terms of payment, or release a portion court of competent jurisdiction sustaining actions or proceedings, and shall apply only of the estate or interest from the lien of the such rejection. to that portion of losses which exceed in mortgage, or release any collateral security (d) All payments under this policy, the aggregate ten per cent of the face of for the indebtedness,provided such act does except payments made for costs, attorneys' the policy, not result in any loss of priority of the fees and expenses, shall reduce the amount Provided, however, that the foregoing lien of the mortgage. of the insurance pro tanto and no payment coinsurance provisions shall not apply to shall be made without producing this policy any loss arising out of a lien or encum- 1 1• POLICY ENTIRE CONTRACT for endorsement of such payment unless the brance for a liquidated amount which existed Any action or actions or rights of action policy be lost or destroyed, in which case on the date of this policy and was not that the Insured may have or may bring proof of such loss or destruction shall be shown in Schedule B; and provided further, against the Company arising out of the furnished to the satisfaction of the Com- such coinsurance provisions shall not apply status of the lien of the mortgage covered pany; provided, however, if the owner of to any loss if, at the time of the occurrence by this policy or the title of the estate or an indebtedness secured by a mortgage of such loss, the then value of the premises, interest insured herein must be based on shown in Schedule B is an Insured herein as so improved, does not exceed one hun- the provisions of this policy. then such payments shall not reduce pro dred twenty per centum of the amount of No provision or condition of this policy tanto the amount of the insurance afforded this policy. hereunder as to such Insured, except to the can be waived or changed except writing p (b) If the land described or referred to endorsed hereon or attached hereto signed extent that such payments reduce the amount Sec- in Schedule A is divisible into separate and by the President, a Vice President, the of the indebtedness secured by such mort- retary, an Assistant Secretary or other vali- gage. Payment in full by any person or noncontiguous parcels, or if contiguous and such parcels are not used as one single site, dating officer of the Company. voluntary satisfaction or release by the In- and a loss is established affecting one or sured of a mortgage covered by this policy 12. NOTICES, WHERE SENT shall terminate all liability of the Company more of said parcels but not all, the loss to the insured owner of the indebtedness shall be computed and settled on a pro rata All notices required to be given the secured by such mortgage, except as pro- basis as if the face amount of the policy was Company and any statement in writing in paragraph 2 hereof. divided pro rata as to the value on the date required to be furnished the Company videdof this policy of each separate independent shall include the number of this policy (e) When liability has been definitely parcel to the whole, exclusive of any and shall be addressed to it at the of- fixed in accordance with the conditions of improvements made subsequent to the date Bee' which issued this policy or to its this policy the loss or damage shall be of this policy, unless a liability or value has Home Office, Claims Department, 433 payable within thirty days thereafter, otherwise been agreed upon as to each such South Spring Street, Los Angeles, Cali- fornia 90013. PN Pioneer National Title Insurance Company HOME OFFICE 433 South Spring Street Los Angeles,California 90013 POLICY OF TITLE INSURANCE • Providing direct title services or referral services throughout the United States, PN the territory of Guam, Commonwealth of . Puerto Rico and U.S. Virgin Islands. Issuing Office Oregon Division By Washington County Branch 4450 S.W. Lombard Avenue P.O. Box 38 Beaverton, Oregon 97005 Pioneer National - Title Insurance Company Home Office • 433 South Spring Street Los Angeles,California 90013 • F-204 ' gv12CMfI .rt, . N 03 -- THE PRESBYTERY OF PORTLAND �---- m av x y/ n ci, OF THE UNITED PRESBYTERIAN CHURCH IN THE UNITED STATES OF AMERICA i�?'9tf1 'OO‘tia Office of the Stated Clerk MN INTERCHURCH CENTER 0245 S.W. BANCROFT STREET PORTLAND, OREGON 97201 TELEPHONE 227-5486 June 11, 1973 Tigard Water District Tigard, Oregon 97223 Gentleman: In the process of arranging the financing for the construction of an educational addition to their present building, the Calvin United Presbyterian Church of Tigard is selling to you some land which is registered in the name of the Presbytery of Portland. The sale of this land was approved at the meeting of the presbytery held on February 20, 1973, and therefore, to simplify and implement the exchange of land and money may I request you to make your check payable to the CALVIN UNITEDfrRPSPYT'PIAN CHURCH BUILDING FUND. ' Sincere).y your , John G. Phillips Stated Clerk cc: Mr. Neil Longfellow Building Committee The Rev. James Cayton, Pastor Enc: Extract of minutes of Portland Presbytery FORM No.'18 STEVENS NESS LAW P':B CO PORTLAND OWNER'S $T OWNER'S 7 a— EARNEST MONEY RECEIPT Tigard, Oregon May 1,_ . , 19 73 RECEIVED OF TIGARD WATER DISTRICT hereinafter mentioned as the purchaser, the sum of One hundred - ($100.00 7 Dollars as earnest money and in part payment for the purchase of the following described real estate situated in the City of - , County of Washington , State of ._Oregon and more particularly described as follows, to-wit: __ .. .... A tract of land situated in Section 11, T2S, R1W, W.M., more particularly described as follows: The west 264 feet of Lots 5, 6, and 7, TIGARDVILLE HEIGHTS, Washington County, Oregon, EXCEPTING therefrom those parcels of land conveyed to the Tigard Water District as recorded in Book 276, Page 659; Book 666, Page 243; and Book 774, Page 11, Deed Records, Washington County, Oregon, containing 1.65 acres, more or less. which we have this day sold to the said purchaser for the sum of Eleven Thousand - -- - Dollars $ 11,000.00 ; on the following terms, to-wit: The earnest money hereinabove receipted for $ /00,,00 upon acceptance of title and delivery of deed or delivery of contract . . . $. 10,900,00 ._-; $ balance of __ Dollars $ payable as follows cash- * Conditions and restrictions imposed by deed described in Book 774, Page 11, Deed Records, and recorded on March 16, 1970, pertaining to a fence and trees around perimeter of said real property are waived, except for a fence and trees on the east and west side of said property only. Said conditions and restrictions are void and no further force or effect. A title insurance policy from a reliable company insuring marketable title in the seller is to be furnished the purchaser forthwith at seller's expense; preliminary to closing, seller may furnish a title insurance company's title report showing its willingness to issue title insurance, and such report shall be conclusive evidence as to status of seller's title.--_.. It is agreed that if the title to the said premises is not marketable, or cannot be made so within thirty days after notice, with a written statement of defects, is delivered to seller, the earnest money herein receipted for shall be refunded. But if the title to the said premises is marketable, and the purchaser neglects or refuses to comply with any of the conditions of this sale within - - . days and to make payments promptly, as hereinabove set forth, then the earnest money herein receipted for shall be forfeited to the seller as liquidated damages, and this contract shall thereupon be of no further binding effect. The property is to be conveyed by good and sufficient deed free and clear of all liens and encumbrances to date except Zoning Ordinances, building restrictions, taxes due and payable for the current fiscal year and -no exceptions,*(see above) Seller and purchaser agree to pro rate the taxes which become due and payable for the current fiscal year on a fiscal year basis. Rents, interests and premiums for existing insurance shall be pro rated on a calendar year basis. Adjustments are to be made as of the date of the consummation of the sale herein or delivery of possession, whichever first occurs. Possession of said premises is to be delivered to purchaser on or before July 1 , 19 73 . Time is of the essence hereof. This contract is binding upon the heirs, executors, administrators and assigns of the purchaser and seller. However, the purchaser's rights herein are not assignable without written consent of seller. In any suit or action brought on this contract, the prevailing party shall be entitled to recover reasonable attorney's fees to be fixed by the court, and if an appeal is taken from any judgment or decree entered therein, the prevailing party shall be entitled to recover such sum as the appellate court shall adjudge as reasonable attorney's fees. Special conditions: Escrow of Deed and funds to be at Transamerica,Title Insurance Company. One-half of escrow fee to be paid by seller and one-half by purchaser. THE PRESBYTERY OF PORTLAND - - Owners I hereby agree to purchase the above property and to pay the price of Eleven Thousand and no/100--- ($11,000,00 ) Dollars as specified above. 8841 S. W. Commercial Street Address _ -. Tigard,._Oregon 97223 Purchaser TIGARD_WATER--DISTRICT Phone 639-1554 �Cr -d t---e.eo �� Chairman °' Treasurer