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276 ~ Walnut Street PACIFIC TITt.E INS. CO. 'v'Y:- FORM No. 706—CONTRACT-REAL ESTATE—Mont'', Payments.'_____. -__' k" e t � t�` Sc 1 276 5th ,lune 65 THIS CONTRACT, Made this day of , 19 , between ` hereinafter calledO 'the:seller and Good�? ,�_,__.�s � I SUridlvQd dnoneahafnX $ Lyle d 11 and Evelyn V,� ll -,�. j zne in �: Arro-_._he_atii;g..Co..__.an_-Oregon___Corporation , hereinafter called the buyer, WITNESSETH, That in consideration of the stipulations herein contained and the payments to be made 1 as hereinafter specified, the seller hereby agrees to sell to the buyer and the buyer agrees to purchase from the seller the following described real estate, situate in the County of Washington , 1 i. State of ©re,. • IIiI II 1 Il 2 76 Easement...... It is understood between the seller and buyer . that seller Das the septic tank field bor his residence in the Southerly 475.5I feet of Parcel # 2 for which the seller shall have an easement to maintain untill such a time that it is possible to connect residence to a sewer system. Untill such time buyer shall not disrupt such ax area in any manner that would disturb such existing field for septic tank disposal. e Nineteen thousand five hundred and n0/I 0 19 500.00 for the sum of Dollars ($ y ) (hereinafter called the purchase price), on account of which --_Ei.yp.._ ,U.n r.; .-__and_._ 'j,.p/ID.O___,...,.,.. Dollars ($_-5.00..-00 ) is paid on the execution hereof (the receipt of which is hereby acknowledged by the seller); the buyer agrees to pay the remainder of said purchase price (to-wit: $__..I91_000..00.-) to the order of the seller in monthly payments of not less than_.One-_.hundred___fifty Dollars ($.I50 00 ) each, month l.' • payable on the/5th day of each month hereafter beginning with the month of July , 19___6_5, 1" and continuing until said purchase price is fully paid. All of said purchase price may be paid at any time; 11 deferred balances of said purchase price shall bear interest at the rate of__six per cent per annum from in to 7: ,lune_ 5 65 until paid, interest to be paid monthly . _and lbeing u ,� � - -- * g included in the minimum monthly payments above required. Taxes on said premises for the current tax year shall be pro- rated between the parties hereto as of the date of this contract. tC ° T!t- ' The buyer shall oe entitled to possession of said lands on _. uneZ5/6 5 19 , and may retain such possession so long as 1 he is not in default under the terms of this contract. The buyer agrees that at all times he will keep the buildings on said premises, now or hereafter erected, in good condition and repair and will not suffer or permit any waste or strip thereof; that he will keep said premises free from mechanic's and all other liens and save the seller harmless therefrom and reimburse seller for all costs and attorney's fees incurred by him in defending against any such liens; that he will pay all taxes hereafter levied against said property, as well as all water rents, public charges and municipal liens which here- after lawfully may be imposed upon said premises, all promptly before the same or any part thereof become past due; that at buyer's expense, he will insure and keep insured all buildings now or hereafter erected on said premises against loss or damage by fire (with extended coverage) in an amount not less than $ _ in a company or companies satisfactory to the seller, with loss payable first to the seller and then to the buyer as their respective interests may appear and all policies of insurance to be delivered to the seller as soon as insured. Now if the buyer shall fail to pay any such liens, costs, water rents, taxes, or charges or to procure and pay for such insurance, the se/ler may do so and any payment so made shall be added to and become a part of the debt secured by this contract and shall bear interest at the rate aforesaid, without waiver, however, of any right arising to the seller for buyer's breach of contract. The seller agrees that at his expense and within_. days from the date hereof, he will furnish unto buyer a title insurance policy in- suring (in an amount equal to said purchase price) marketable title in and to said premises in the seller on or subsequent to the date of this agreement, save and except the usual printed exceptions and the building and other restrictions and easements now of record, if any. Seller also agrees that when said purchase price is fully paid and upon request and upon surrender of this agreement, he will deliver a good and sufficient deed conveying said premises in fee simple unto the buyer, his heirs and assigns, free and clear of encumbrances as of the date hereof and free and clear of all encumbrances since said date placed, permitted or arising by, through or under seller, excepting, however, the said easements and restrictions and the taxes, municipal liens, water rents and public charges so assumed by the buyer and further excepting all liens and encumbrances created by the buyer or his assigns. And it is understood and agreed between said parties that time is of the essence of this contract, and in case the buyer shall fail to make the payments above required, or any of them, punctually within ten days of the time limited therefor, or fail to keep any agreement herein contained, then the seller at his option shall have the following rights: (1) to declare this contract null and void, (2) to declare the whole unpaid principal balance of said purchase price with the interest thereon at once due and payable and/or (3) to foreclose this contract by suit in equity, and in any of such cases, all rights and interest created or then existing in favor of the buyer as against the seller hereunder shall utterly cease and determine and the right to the possession of the premises above described and all other rights acquired by the buyer hereunder shall revert to and revest in said seller without any act of re-entry, or any other act of said se/ler to be performed and without any right of the buyer of return, reclamation or compensation for moneys paid on account of the purchase of said property as absolutely, fully and perfectly as if this contract and such payments had never been made; and in case of such default all payments theretofore made on this contract are to be retained by and belong to said seller as the agreed and reasonable rent of said premises up to the time of such default. And the said seller, in case of such default, shall have the right immediately, or at any time thereafter, to . enter upon the land aforesaid, without any process of law, and take immediate possession thereof, together with all the improvements and appurtenances thereon or thereto belonging. The buyer further agrees that failure by the seller at any time to require performance by the buyer of any provision hereof shall in no way affect his right hereunder to enforce the same, nor shall any waiver by said seller of any breach of any provision hereof be held to be a waiver of any suc- ceeding breach of any such provision, or as a waiver of the provision itself. In case suit or action is instituted to foreclose this contract or to enforce any of the provisions hereof, the buyer agrees to pay such sum as the trial court may adjudge reasonable as attorney's fees to be allowed plaintiff in said suit or action and if an appeal is taken from any judgment or decree of such trial court, the buyer further promises to pay such sum as the appellate court shall ajudge reasonable as plaintiff's attorney's fees on such appeal. In construing this contract, it is understood that the seller or the buyer may be more than one person; that if the context so requires, the singu- lar pronoun shall be taken to mean and include the plural, the masculine, the feminine and the neuter, and that generally all gramatical changes shall be made, assumed and implied to make the provisions hereof apply equally to corporations and to individuals. ,, IN WITNESS WHEREOF, said parties have hereunto set their,hands and seals in duplicate on this, the day and year first above written. ( , f r ° c;.t rT' �r x-44 _e•a-tpc-c-s�acJ i!,c._._..,,._ "-•-- '1_ (SEAL) i r tet eJ 'r•i/r /` _ 7 ' `•`,"A+ a s e" .. ., 1.:_4 _ I- . '. .�V 4 .:}1 ` (,i''''c,,i(SEAL) Corpgration I; Arr w Heating C _;. An Ore ori SEAL , *Strike},v�i ich'everyy'hrase ndt a¢pI `ble. -..;,, ,("i-/_ ,X'- U-Y f. ( (SEAL) . ,I [For n*.arikl Ckriowledgmpaf see reverse) ) / iBOOK �� PAf�E ��, l / , r r4 p RECEIVED PAYMENTS ON WITHIN CONTRACT. AS FOLLOWS: DATE INSURANCE INTEREST INTEREST PRINCIPAL PRINCIPAL DATE INSURANCE INTEREST INTEREST PRINCIPAL PRINCIPAL OR TAXES PAID TO BALANCE OR TAXES PAID TO BALANCE 4 I if ii 11 ! if1 i 1 11 id II I li 1 ,1 ,1 3 4'r 7t i S li r {_i 19 it E 10 7723o f o o o j Ula j P ' ) o 4:14g �o o m m zY v 4J o E- M H �, lN' r. .. z .v.�. .•G] C " N k W Ni 4-, CC Q' r- 1 W � cDZ 1419 4 m 3 z h o H- � �f �O R E a �x rV o P7 ; W o O o q Lt..I CO L' a. cczc �- w , Z 44 u w N �..3 23-." a- w a d rr-o . 4 �1 ZO b U o o W 'ZL •N IO` wco ~•;o 0 tea, y0 `' U. U. ° C1 / \ N Q1 Q1 E-. rn 'a'a r9ull. "i o V ,a . N p i�,• 13 t� w 2 Ci (i 5+ i% Q II IIi STATE OF OREGON, `` Washington Ss. 5th June 65 {I County of On this day of , 19 , I I before me, the undersigned, a notary public in and for said county and state, personally appeared the within I named Lyle D Goodell and Evelyn V Goodell, husband and wife I; t known to me to be the identical individual S described in and who executed the within instrument and I' l acknowledged to me that they executed the same freely and voluntarily. 'i .� r�I ` IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed , R\ my official seal the day arrd 3 ar last above written. .:'t:') .1•;::.•'''': � Notary Public for Oregon �b �My c6mmission expires Sept.--$./65 ��syn �' F LiPIPS ,0141;* BOOK 557 PAGE 629 276 RESTRICTIONS : Any residence errected on above property shall contain at least 1290 sq feet of living area and no buildings of any kind shall be construct- ed at any time, without express consent in writing by seller on any portion of parcel 1 or 2 which lies :South of a line running due East and at 90° from an iron pipe located on the West line of Parcel #2 which point is North 475.51 feet from the center of Millers Ferry Rd which point is also the South West corner of Parcel #2 excepting there- from that portion of Parcel #1 lying East of the center of creek running through property from South to North. EASEMENTS: In event seller or his successors shall desire to plat or subdivide this adjoining property buyer shall give necessary easements for roadways along the Northerly 50 feet of Parcel 1 and 2 for purpose of roadways, sewer, water, utility lines, etc. , without any cost to seller or his successors and also in event that a roadway is .constructed along the West line of Parcel 2 which will serve the buyers lands, buyer shall share equally on a per front foot basis any costs of said road- ways sewer, etc. , to which buyers property would have access. BooK 557 r,AyL-627 A Tract of land in the Northwest Quarter of Section 3, Township 2 I South, Range 1 West, Willamette Meredian, Washington County, Oregon described as follows; PARCEL #1 Beginning at an iron pipe which is S89° 58 ' E 660.25 feet from the Northwest corner of said Section 3 , and going thence from said iron pipe S 0° 28 ' West 1142.7 feet to an iron pipe near the North- erly property line of a county road; thence continuing South 0° 28 ' West 28.85 feet to a point in the roadway; thence in the roadway North 60° 19' East 471.41 feet to a point; thence North 07° 30 ' East 29.15 feet to an iron pipe found and said to be the Southwest corner of the Thomas McFarlane tract; thence on the Westerly line thereof and continuing to the Northwest corner of the Norma and Barbara Edwards tract North 07° 30 ' East 483.66 feet to an iron pipe found at said Northwest corner; thence N 22° 42° West 553.0 feet to an iron pipe; thence South 82° 14 ' West 257.98 feet to the true point of beginning; containing 10.078 acres more or less including the area within the public roadway. PARCEL #2 The following described portion of that tract of land in Section 3 , T2S, RIW, W.M. , conveyed to Lyle D. Goodell, etux, by deed recorded in Book 420, page 493 , Washington County, Oregon deed records; Beginning at a point in the center of Miller's Ferry Road (County road # 494) North 63° 21 ' East 639.04 feet from the intersection of the center line of said road with the Westline of said Section 3, and running thence, along the center line of said road, North 63° 21 ' East 33.07 feet and North 62° 48 ' 20" East 80.95 feet to the Southeast corner of said Goodell tract; thence North 01° 41' East along the Easterly line of said Goodell tract, 1171.34 feet, thence South 83° 27' West 101.04 feet thence South 01° 41 ' West 1211.66 feet to the point of beginning; containing 2.736 acres , more or less. BOOK 557 PAGE 626