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2009-042480 Washington County, Oregon 2009.042480 05113/2009 02 58 40 PM D-DSS Cnt=1 Stn=8 C PFEIFER $65 00 $5 00 $11 00 - Total = $8100 01362953200900424800130136 I Richard Hobernicht, Director of Assessment and Taxation and Ex-Officio County Clerk for Washington e"T r' Counly, Oregon do hereby certify that the within mstrumt of writing was received and recorded in the en book of records of said cou Q a, Richard Hobernicht Director of Assessment and - _;Xy~ Taxation Ex-Officio County Clerk Washington County, Oregon 2009-033192 04/17/2009 02 57 26 PM UNEWALD $55 00 $5 00 $11 00 -Total = $Rfooo D-DBS Cnt=1 Stn=7 K i303019 AFTER RECORDING RETURN TO City of Tigard 0135303220 201101 18 Records Division I Richard Hobermcht Direct f Assessment and. shington 13125 SW Hall Blvd Taxation and Ex-Offiao ty Clerk for Waw County Oregon do by certify that the [thin ti"~.: instrument of wn was received and recorded in the/. l' I Tigard OR 97223 book of recor of said cou yty (,,MJ Ri d Hobermcht Director of Assessment and r jy Taxation, Ex-Officio County Clerk UNTIL A CHANGE IS REQUESTED This document is being rerecorded to Z SEND TAX STATEMENTS TO correct the legal description. 10 _ City of Tigard Previously recorded as Fee No. (07 13125 SW Hall Blvd 2009-033192. Tigard, OR 97223 •r S 7J This space is reserved for r'ecorder's use BARGAIN AND SALE DEED Effective as of March 19, 2009 (the "Effective Date"), KING CITY, an Oregon municipal corporation, CITY OF DURHAM, an Oregon municipal corporation, and TIGARD WATER DISTRICT, an Oregon municipal service district (collectively "Grantors". and each individually a "Grantor"), convey to the CITY OF TIGARD, an Oregon municipal corporation p ("Grantee"), all of each such Grantor's undivided tenant-in-common interest in the following described real property (the "Property") See Exhibit A attached hereto and incorporated herein Grantors and Grantee hereby agree that, as of the date of recording of this Bargain and Sale Deed, the Property shall be released from that certain Tenancy in Common Agreement between Grantors and Grantee dated June 25, 2007 2 This conveyance is made subject to the matters set forth in Exhibit B attached hereto ® The true consideration for this conveyance is Six Hundred and Five Thousand Dollars z ($605,000 00) d BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON 0 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, U- 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 Page 1 - BARGAIN AND SALE DEED - Canterbury Surplus Property 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 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 195 300,195 301 AND 195 305 TO 195 336 AND SECTIONS 5 TO 11 CHAPTER 424, OREGON LAWS 2007 [Signature and acknowledgment pages follow ] Page 2 - BARGAIN AND SALE DEED - Canterbury Surplus Property GRANTOR KING CITY, an Oregon municipal corporation By Name l2~~v . SIGN Title- 44)4 VoIZ STATE OF OREGON ) ss County of IA/a ,n (1 011 ) This instrument was acknowledged before me on Ma(-ch 1- , 2009, by Pon E s Fl as h~ QjA0 of King City, an Oregon municipal corporation / NOT Y PUBLIC FOR OREGON OFFICIAL SEAL. My Commission Expires. ID-10-11 GREERA GAS'TON LIMY NOTARY PUSUC-ORE~ COMMISSION NO 42165 OMMISSION EXPIRES OCT 10, 2011 [Bargain and Sale Deed Signature and Acknowledgement Page] Page 3 - BARGAIN AND SALE DEED - Canterbury Surplus Property GRANTOR: CITY OF DURHAM, an Oregon municipal corporation By: Name: S' Title: r STATE OF OREGON ) ss. County of This instrument was acknowledged before me on I z~ i l 1 0 , 2009, by / oJ` . L rrAu.'k of the City of Durham, an Oregon municipal L7~ic _ C I i (t(~C as ~u corporation. / OFFICIAL SEAL NOTARY PUBLIC FOR OREGON GMERA GIASMN #NOTARY My Commission Expires: PUBLIC-OgEpON COMMISSION NO. 4212M MY COMMISSION EXPIRES OCT. 10, 2011 [Bargain and Sale Deed Signature and Acknowledgement Page] Page 4 - BARGAIN AND SALE DEED - Canterbury Surplus Property GRANTOR: TIGARD WATER DISTRICT, an Oregon municipal service district Y• Name: cn/✓sc~S~ / Title: STATE OF OREGON ) 1.~ss. County of WO-6111 r1 ^ IUYr` ) This instrument was acknowledged before me on i\/l d (t~ 2009, by e{1air 7 qcr_rd keti Nt'alSC~1 as bVatn: of the Tigard Water District, an Oregon municipal service district. NOTARY PUBLIC FOR OREGON OFFICIAL SEAL My Commission Expires: /G U l l (PINOTARY GREER A GASTON PUBLIC-OREGON COMMISSION NO. 421265 MY COMMISSION EXPIRES OCT. 10, 2011 [Bargain and Sale Deed Signature and Acknowledgement Page] Page 5 - BARGAIN AND SALE DEED - Canterbury Surplus Property ACCEPTED AS OF THE EFFECTIVE DATE CITY OF TIG Z,regon municipal corporation By. 14 Name f Title STATE OF OREGON ) ss County of l/Uls /lei ~'U"7(~- ) This instrument was acknowledged before me on t- 'l A-"L c' A / 9 , 2009, by 7w-&h Lra'lcl- Pre-5-se-r,-as -Itjj Ma17 aC ey' of the City of Tigard, an Oregon municipal corporation OFFICIAL SEAL NOTARY PUBLIC FOR OREGON f / G►REERA GIASTON My Commission Expires /U -/D - ~26 (P~OTY PUOMMISSION NO 421266 MY COMMISSION EXPIRES OCT 10, 2011 Page 6 - BARGAIN AND SALE DEED - Canterbury Surplus Property dcl Exhibit A A N7, 2008 C ERBUR.Y SURPLUS PROPERTY LEG ESCRIPTION A TRACT F LAND BEING LOCATED IN THE SOUTHWEST ONE ARTER OF THE NORT ST ONE QUARTER OF SECTION 11, TOWNSHIP 2 OUTH, RANGE 1 WE OF THE WILLAMETTE MERIDIAN, CITY OF T ARD, WASHINGTON OUNTY, STATE OF OREGON, BEING MORE ARTICULARLY DESCRIBED AS F LOWS: COMMENCING AT T NORTHWEST CORNER OF OLOMAN RICHARDSON DONATI LAND CLAIM NO. 44, BE G IN SAID SECTION 11, SAID POINT BEING ON T CENTERLINE OF THE GHT-OF-WAY LINE OF S.W. MURDOCK STREET, NCE NORTH 38°41' 7" EAST 25.57 FEET TO A POINT THAT IS 20.00 FEET E T OF THE WES INE OF THE SOUTHWEST ONE QUARTER OF THE NO ST ONE ARTER OF SAID SECTION 11, SAID POINT BEING ON THE R.IGH -OF-WAY LINE OF S.W. MURDOCK STREET, SAID POINT BEING THE UE OINT OF BEGINNING; THENCE NORTH 01 °16'07" EAST LE G THE NORTH RIGHT-OF-WAY LINE OF SAID S.W. MURDOCK STREET ARA EL WITH AND 20.00 FEET EAST OF SAID SECTION LINE A DISTANC OF 93.02 EET; THENCE SOUTH 89°50'49" EAST A DISTANCE OF 247.22 F T; THENCE ORTH 01019'00" EAST A - DISTANCE OF 239.79 FEET T THE SOUTHWE CORNER OF A TRACT OF LAND DESCRIBED IN FEE ER 2005-144 CORDED NOVEMBER 11, 2005; THENCE NORTH 89 7'51" EAST ALONG SOUTH LINE OF SAID FEE NUMBER 2005-144029 ISTANCE OF 136.66 FEET O THE SOUTHEAST CORNER OF. SAID_ FE NUMBER 2005-144629; THENC ORTH 01 ° 19'00" EAST ALONG THE EAST OF SAID FEE NUMBER 2005-14 TO THE NORTHEAST COR OF SAID FEE NUMBER 2005-144 SAID NORTHEAST CORNER BEIN N THE SOUTH RIGHT-OF-WAY LINE OF W. CANTERBURY LANE; THENC NORTH 89°37'51" EAST ALONG SAID SOUT GHT-OF-WAY LINE OF S.W CANTERBURY LANE A DISTANCE OF 141.49 FE TO A POINT ON THE ST RIGHT-OF-WAY LINE OF S.W. 103 RD. AVENUE; NCE SOUTH 0 19'00" WEST ALONG THE WEST RIGHT-OF-WAY LINE F S.W. 103 RD. AV A DISTANCE OF 458.64 FEET TO A POINT ON THE NO T RIGH -OF-WAY LINE OF S.W. MURDOCK STREET; THENCE NORTH 9°50'49 WE ALONG THE NORTH RIGHT-OF-WAY LINE OF S.W. MURDOCK TREET T THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ. FT., .06 CRES MORE OR LESS. 9755 SW Barnes Road, Suite 300 • Portland, OR 97225 • T 503.626.0455 • F 503.526.0775 • www.whpacific.com Exhibit A April 7, 2008 CANTERBURY SURPLUS PROPERTY LEGAL DESCRIPTION A TRACT OF LAND BEING LOCATED IN THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF THE SLOLOMAN RICHARDSON DONATION LAND CLAIM NO 44, BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S W MURDOCK STREET, THENCE NORTH 38°41'37" EAST 25 57 FEET TO A POINT THAT IS 20 00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 11, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF S W MURDOCK STREET, SAID POINT BEING THE TRUE POINT OF BEGNNING, THENCE NORTH 01°16'07" EAST LEAVING THE NORTH RIGHT-OF-WAY LINE OF SAID S W MURDOCK STREET PARALLEL WITH AND 20 00 FEET EAST OF SAID SECTION LINE A DISTANCE OF 93 02 FEET, THENCE SOUTH 89°50'49" EAST A DISTANCE OF 247 22 FEET, THENCE NORTH 01°19'00" EAST A DISTANCE OF 239 79 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN FEE NUMBER 2005-144209 RECORDED NOVEMBER 11, 2005, THENCE NORTH 89°37'51" EAST ALONG THE SOUTH LINE OF SAID FEE NUMBER 2005-144209 A DISTANCE OF 136 66 FEET TO THE SOUTHEAST CORNER OF SAID FEE NUMBER 2005-114209, THENCE NORTH 01°19'00" EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005-144209 TO THE NORTHEAST CORNER OF SAID FEE NUMBER 2005-144209, SAID NORTHEAST CORNER BEING ON THE SOUTH RIGHT-OF-WAY LINE OF S W CANTERBURY LANE, THENCE NORTH 89°37'51" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF S W CANTERBURY LANE A DISTANCE OF 141 49 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF S W 103 RD AVENUE, THENCE SOUTH 01019'00 WEST ALONG THE WEST RIGHT-OF-WAY LINE OF S W 103 RD AVENUE A DISTANCE OF 458 64 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF S W MURDOCK STREET, THENCE NORTH 89°50'49" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF S W MURDOCK STREET TO THE TRUE POINT OF BEGINNING, CONTAINING 133,309 SQ FT, 3.06 ACRES MORE OR LESS r _ wupacific SUBJECT TO A 12 00 FEET EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF S.W CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007- 072292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS t REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY25,1990 CHARLES L WILEY 2474 SIGNED "7/IH(Zoob EXP 6/30/2010 EXHIBIT B RESERVATIONS AND ENCUMBRANCES The conveyance of the Property described in this Bargain and Sale Deed shall be subject to the following reservations and encumbrances 1 The Property shall be used only as open space, a developed or undeveloped park, or other municipal purpose, provided, however, that the matters listed in this Exhibit B are expressly permitted. 2 A fifty-foot (50') by fifty-foot (50') easement located in southeast corner of the Property, and described in Exhibit B-1 attached hereto, is hereby reserved for future water system use 3 That certain Lease Agreement dated April 10, 1979, between the Tigard Water District, as landlord, and the Tigard Area Historical and Preservation Association, as tenant 4 A conservation easement, as described in Exhibit B-2 attached hereto, is hereby reserved and shall be limited to the sole use and maintenance of the historical John Tigard House and no other purpose, for so long as such lease is in effect EXHIBIT B 50014-36792 003 Canterbury Bargain d, Sale DEED do6G13111/2009 y ' ,fit APRIL 29, 2008 Exhlblt B-1 LEGAL DESCRIPTION WATER FACILITY EASEMENT A TRACT OF LAND BEING LOCATED IN THE SOUTWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER OF THE SOLOMAN RICHARDSON DONATION LAND CLAIM NO 44 BEING IN SAID SECTION 11, SAID POINT BEING ON THE CENTERLINE OF THE RIGHT-OF-WAY LINE OF S.W. MURDOCK STREET, THENCE NORTH 38°41'37" EAST 25.57 FEET TO A POINT THAT IS 20 00 FEET EAST OF THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NOR'T'HWEST ONE QUARTER OF-SAID SECTION 11, BEING ON THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST MURDOCK STREET; THENCE SOUTH 89°50'49" EAST ALONG THE NORTH RIGHT-OF- WAY LINE OF SOUTHWEST MURDOCK STREET A DISTANCE OF 475.23 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST MURDOCK STREET NORTH 0l ° 19' 00" EAST, PARALLEL WITH AND 50.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103' AVENUE A DISTANCE OF 50 00 FEET; THENCE SOUTH 89°50'49" EAST PARALLEL WITH AND 50.00 FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST MURDOCK STREET A DISTANCE OF 50.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD AVENUE; THENCE SOUTH 01°19'00" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD AVENUE A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST MURDOCK STREET; THENCE NORTH 89°50'49" WEST ALONG THE NORTH RIGHT-OF- WAY LINE OF SOUTHWEST MURDOCK STREETA DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 2,501 SQ.FT, 0.06 ACRES MORE OR LESS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS WASHINGTON COUNTY SURVEY NUMBER 28,817 REGISTERED PROFESSIONAL LAND SURVEYOR CIA-. OREGON JULY 25, 1990 CHARLES L WILEY 2474 SIGNED 7/15(zooe- EXP• 6/30/2010 9755 SW Barnes Road, Suite 300 • Portland, OR 97225 • T 503 626 0455 F 503 526 0775 www whpacific com l 117% wnr~ APRIL 29, 2008 Exhibit B-2 LEGAL DESCRIPTION CONSERVATION EASEMENT A TRACT OF LAND BEING LOCATED IN THE SOUTWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, Z RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A TRACT OF LAND RECORDED NOVEMBER 11, 2005 AS FEE NUMBER 2005-144209, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTHWEST CANTERBURY LANE, SAID POINT ALSO BEING THE TRUE POINT OF'BEGINNING, THENCE NORTH 89°37'51" EAST ALONG THE SOUTH RIGHT-OF-WAY LINE"OF SOUTHWEST CANTERBURY LANE 141 49 FEET TO THE WEST RIGHT-OF- WAY LINE OF SOUTHWEST 103RD AVENUE; THENCE SOUTH 01°19'00" WEST ALONG THE WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103' AVENUE 107.83 FEET, THENCE SOUTH 89°37'51" WEST LEAVING THE SAID WEST RIGHT-OF-WAY LINE OF SOUTHWEST 103RD AVENUE 141.49 FEET TO THE EAST LINE OF SAID FEE NUMBER 2005-144209, THENCE NORTH 01 ° 19'00" EAST ALONG THE EAST LINE OF SAID FEE NUMBER 2005-144209 107 83 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 15,250 SQ FT, 0.35 ACRES MORE OR LESS SUBJECT TO A 12.00 FOOT EASEMENT ALONG THE SOUTH RIGHT-OF-WAY LINE OF SOUTHWEST CANTERBURY LANE AS DESCRIBED IN FEE NUMBER 2007-072292 RECORDED JUNE 29, 2007 WASHINGTON COUNTY RECORDS THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS' WASHINGTON COUNTY SURVEY NUMBER 28,817. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 25 1990 CHARLES L WILEY 2474 SIGNED 7/l5(2-ooS- EXP 6/30/2010 9755 SW Barnes Road, Suite 300 • Portland, OR 97225 • T 503 626 0455 • F 503 526 0775 - www whpacific com PROMISSORY NOTE Canterbury Surplus Property $605,000.00 Tigard, Oregon Lv , 2009 For value received,the City of Tigard ("Maker"), hereby unconditionally promises to pay to the order of the City of Tigard Water Capital Improvement Fund ("Holder"), the principal amount of Six Hundred Five Thousand and No/100s Dollars ($605,000.00), with interest as provided below. Payments under this Note shall be made to Holder, at: The City of Tigard, 13125 SW Hall Blvd., Tigard Oregon, 97223 or as such other place as Holder may designate from time to time. 1. Interest. Following the initial payment, the Maker promises to pay annual interest on the outstanding principal balance of this Note at the Local Government Investment Pool rate as posted at http://www.ost.state.or.us/Divisions/Finance/lgip/OSTFRateChanges.htm. Interest payments will added to the Periodic Payments and paid on the same schedule as Periodic Payments as outlined in Section 2.2. 2. Payment. 2.1 Maturity. All principal and accrued interest, together with any sums due to Holder under the terms of this Note, shall be due and payable on June 30, 2013 ("Maturity Date"). 2.2 Periodic Payments. The Payments of principal will be made in five annual installments of$121,000 and are due no later than June 30 each year, beginning June 30, 2009, with the final payment due no later than June 30, 2013. 2.3 Prepayment. This Note may be prepaid in whole or in part without fee or penalty at any time. 3. Default. Maker shall be in default under this Note if Maker fails to pay any amount due from it within sixty (60) days following written notice of such failure. 4. Miscellaneous. 4.1 Governing Law; Venue. This Note shall be governed by and construed in accordance with the laws of the State of Oregon. The undersigned agrees that in any suit or action hereon venue will lie in the County of Washington and State of Oregon, without waiver, however, of Holder's right to lay venue in any other county or state appropriate for the collection of this Note. 5. Attorneys Fees. If a suit or action is filed to enforce any of the terms of this Note, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statutes, any sum which a court, including any appellate court, may adjudge reasonable as attorney's fees. Page 1 —PROMISSORY NOTE—Canterbury Surplus Property 500(4-36792.003 Promissory Note CB Surplus Final.doc',G;'4'6/2009 6. Business Purpose; Use of Loan Proceeds. By its execution of the Note, Maker warrants and represents to Holder that no Note proceeds will be used for personal, family or household purposes. 7. Notices. Any notices required or permitted to be given under the terms of this Note, or by law, shall be in writing and may be given by personal delivery, facsimile, or certified mail, return receipt requested, directed to the parties at the following addresses, or such other address as any party may designate in writing prior to the time of the giving of such notice, or in any other manner authorized by law: Holder: City of Tigard Finance and Information Technology Director 13125 SW Hall Blvd. Tigard, OR 97223 Fax: 503-684-7297 Maker: City of Tigard Finance and Information Technology Director 13125 SW Hall Blvd. Tigard, OR 97223 Fax: 503-684-7297 With copy to: Jordan Schrader Ramis PC 2 Centerpointe Drive, 6th Floor Lake Oswego, OR 97035 Fax: 503-598-7373 Any notice given shall be effective when actually received or, if given by certified mail, forty eight(48)hours after the deposit of such notice in the United States Mail with postage prepaid. EXECUTED as of Aphd. ID , 2009 CITY OF TIGARD By: 41,(,i-a f Craig ProssCity Manager Page 2—PROMISSORY NOTE—Canterbury Surplus Property 50014-36792.003 Promissory Note CB Surplus Final.dociG4/6/2009