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88-17163 • S 3 Washington County FULL RELEASE On the 2nd day of December, 1975, Herbert A. Stark and Ruth J. Stark, husband and wife, gave the undersigned their agreement entitled "Tigard Water District Agreement of Temporary Water Connection," which was recorded in Book 1060, Page 469, Records of Washington County, Oregon. The undersigned acknowledges that Agreement is fully performed and satisfied, and'is therefore now cancelled. The undersigned hereby releases and quitclaims all rights in the said Agreement. ,' ,,L".1 `/, ,,,, Dated this 22nd day of April, 1988. TIGARD WATER DISTRICT . . 1 F ... � w ° , By� /41"45;94-4;4— :� ': Robert E. Santee Administrator STATE OF'IOREGON ss. County of Washington ) The foregoing instrument was acknowledged before me this.22,nd day of April, 1988, by ROBERT E. SANTEE of Tigard Water District, an Oregon municipal corporation, on behalf of ,.trie Q cofpgration . �. ■ y Notary Public for Oregon �� , ��� * - My commission expires: ' /-c-(0 S5�' J 5 r t k` STATE OF OREGON � ' F ' County of Washington ) SS I, Donald W. Mason, Director of Assessment and Taxation and Ex- Officio' Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Donald W. Mason, Director of Assessment and Taxation, Ex- . Officio County Clerk 1908 APR 26 AN 10:41 13745 / EMENT OF TEMPORARY WATER CONNF' - - ON We, the undersigned, Herbert A. Stark and Ruth J. Stark, deeded owners of the property described herein, do hereby'agree and consent that the meter to be installed at 12510 S. W. Scholls Ferry Road, Tigard, Oregon, is a temporary connection only and is for our immediate convenience. It is further agreed that when a water main•extension is installed along any thoroughfare, public or private, paralleling the frontage of the property described below that we, the under- signed will pay our fair share of the total cost of the line extension and the expense of meter relocation. This is a covenant running with the land. Parcel I: Lots 9, 10, 11, and 14, Ash Valley Tracts, in the County of Washington and State of Oregon. Parcel II: Lot 12, Ash Valley Tracts, Washington County, Oregon, excepting that part thereof deeded to Shirley Dow by that certain instrument recorded April 5, 1945, at Book 242, Page 177, Deed Records of Washington County, Oregon, more particularly described as follows: A certain one acre tract out of the Northwest corner of Lot 12, Ash Valley Tracts. Parcel III: Lot 13, Ash Valley Tracts, Washington County, Oregon, excepting that part thereof conveyed to Shirley Dow by that certain instrument recorded December 8, 1948 at Book 291, Page 349, Deed Records of Washington County, Oregon, more particularly described as follows: A certain tract out of the Southwest corner of Lot 13, Ash Valley Tracts. Parcel IV: • All the East half of the Northeast quarter of Southeast quarter of Section 33, T1S, R1W, W. M., Washington County, Oregon. • • Date 1�� 2 /i7.5— i / ,,�/ — A - 9* 0 ,;.7 - -- Herbert i Stark ' . R' t J. Stark/ STATE OF OREGON • COUNTY OF WASHINGTON ss • Be it remembered, that' on. this 2 `' day of ? CccnrkY , 1975, E 4 .`;, ' , before me, the undersigned a Notary Public in and for said County and Y State, personally appeared the within named Herbert A. Stark and Ruth A. Stark known to me to be the identical individuals described in and \ % who executed the within instrument and acknowledged to me that they -- executed the same freely and svoluntarily. IN TESTIMONY v WHEREOF I have hereunto set my hand and affixed my official � seal the day last written. tten. • r' . • N IED / •_ • Notary Public' fo.r .O.regon . • Filed fez zecozd My Commission expires . % J97y ROGER THOMSSEN. DirsetOX of .11fb0 Ar.: EiMations BOOK 1060 PACE 11 • • ,• • . • _ . INDEXED 'etwid STATE OF OREGON ss County of Washington s I, Roger Thomssen, Direcrr of Records and Elections and ExOfficio1ecorder of Conyeyan0Vor,said'AcouptyOulhereby cer- tify thatYtIe withi ii4trumnt qf writing was receivkand*'0b6.40:itiki346k,OIrecords. • No 9 TIGARD WATER DISTRICT of saidtdr.i'n _ 88411-SIWACOMMERCIALc. • Witness tnyliancrandtseaKaffiked. TIGARD : • 7„-ROGER'THOMSSEW, Director offiecOrdv& Electrons Deputy DEc:14. 8 51:1a4 15 • • C ur � ( i ; , i ( r p k t ) I ��h� rnT) ' -c "'' si;,� ' j z ? E) � ` ,3 x 1. !. J %:� E� ,, , it . �J alt:' t �. i �� 425 S.W. FOURTH AVENUE HEAR \7ASHIHGTO14 FRANK H. FIELDS, PRESIDENT F. - S. WILHELM, VICE.PRES. PORTLAND OREGON OR1LA D 4. OREGON ABSTRACTS, ESCROWS HUGO H. PAUL. Sect. AND TREAS. Z. F. EARL. AsSr. SECT TEL. ATWATER 8428 TITLE INSURANCE FORECLOSURES AND CARL R. WINTLER. COUNSEL TITLE REPORTS F. 5, WILHELM. COUNSEL KENNETH F. FRAZER. COUNSEL. 1 , t ;r ; 0.00 PREMIUM `ii - o0 1341322 OW eli,'' ' L', 2� La :J�,t rcan(e �> o v ABSTRACT & TITLE INSURANCE COMPANY, r, :r:,.;;, .. ; : ., i!, - iaw 01 tha> State of Oregon and duly authorized by the State Insurance Curn::,::;s,srtc:•: titles in said state), hereinafter called the Company, subject to the annexed conditions, hereby made a part of this policy, vERB A R T S� t n STARK; ���� \t A. STARK and J1II J. ,..,1:�!,cL, __.. • heirs and devisees (or if a corporation, its successors) hereinafter called the Inst.tred, against loss or damage not exceeding rL "_ .:_;i THOUSAND, 51K IRTNI ,U F IF TY_ and 00/100 ....__.. - ... DOLLARS, which the Insured may sustain by reason of any defects in or unmarketability of the Insured's title to all the estate or interest in the premises specified and hereinafter described or by reason of liens or incutnbrances charging the same at the date of this policy, saving and excepting, and this policy does not insure against loss or damage by reason of any estate or interest, defect, lien, incu nbrance or objection hereinafter set forth in annexed Schedule B. Any loss under this policy is to be established in the manner provided in said conditions and shall be paid upon compliance by the Insured with and as prescribed in said conditions, and not otherwise. In Witness Whereof, ABSTRACT & TITLE- INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this 1!;th day of ,Tune, 19 49 , at 8 00 o'clock A. M. ABSTRACT & TITLE INSURANCE COMPANY By / X Ark ... l r..) / `s- • c'L President . Attest: Assistant Secretary PAGE 1 OF POLICY NO. 134622 FL • 1/4..rxicaa u The Estate or interest covered by this policy: An estate in fee si7iple as tenants by the entirety — -• !he trc:ct r cl Ow tWo i;; innimcf 0 pol:r PARCEL I: Lots tine (i), Ten (10), Eleven (11) and Fourteen ( • VI i.e Tracts, in the County of Viashinton And ' of • DOE II: Lots Twelve (12), Ash Valley Tracts, '.'jashington County, exceptin that part thereof deeded to Shirley 'Joy: b7 that certain instrument recorded April 5, 195, at EooP: 242, 'eae 177, 0 ed Records of Washin7ton County, Orejon, -lore particularly described as follows': A certain one acre t out of the Northwest corner of Lot Twelve (12) of Ash \/211e7 Tract, which one acre tract is more particularly described as follows, to-wit: BeginninE at a point 20.2 Peet Test of an iron pipe and on the centerline of a )_!_0.0 f oot roadway, said point bearinz, South 39° 43' West of and 1(1).0 feet from Sections corners 33, 3 - 5; thence North 0° r()t host 1210.0 feet along centerline of the road to an an. point and true point of beginning; thence Horth J!,3 last 20.0 fact to an iron pipe; thence continuin V,' last 376.0 feet to an iron ripe; thence Vorth 0 et 110.0 feet to an ironi:-,1fle on the Perth line of Lot r2welve (12): thence South 09° 48' Wst 376,0 feet to an iron pine at the Northwest corner. of lot Twelve (12) thence continuing South 89° 4 West 20,0 feet to a point on the center line of the roadway; thence South 0° n6' 110,0 feet to the true point of beginnin, PARCEL III: Lot Thirteen (13), Ash Valley Tracts, Washington County, Ore2:on, excepting that part thereof conveyed to Shir1e7 Dow ho that certain instrument recorded December 8, 19V nj ▪ 2c cc e 3'L9, Deed Records of Washington County, . Orew:1, more particularly described as follows: The folicviici,g described real property. in Section 33, Township 1 Sth, '.3a.ne 1 'est of the Willamette Meridian, ':jachinton County, 0rej,on and out of the Southwest corner of Lot TIrteen (13), Ash Valley Tracts. Beinning at an iron y,_2e at the Southwest corner of Lot Thirteen (13) of said Ash Valley Tracts and going thence along the Southerly PAGE 2 OF POUCY NO. 134622 line of Lot Thirteen (13), 376 feet, more or less, Lo an iron '-'• t parallel to the ' line of Lot, 1:orth 0 , ..CA 110 feet, more or less, to an iron pipe; thence South ,()) 3T host 376 feet, more or less, to an iron pipe on the hsster1 line of a 40 foot width roadway; thence conti_nu- 1 _] .ecst 20 foet, more less, to a pout on c 1' tC; thence on centerline South 0 06' Last 11e feet, cro less, to a () Vience, orth ) q ° Ernt 20 fl 'see "-) 1 TY.5i1 u7 AT] t;he .21st half of the Northeast quarLer of Southeast arer of Section 33, Township 1 South of Lane 1 V4e-t of the vvi_llamette 0ericiian, hnshin County, Ore ;on, Loetbor IILL1 a -0 foot r1 of way on the Section line to the qaarLer post free Scholls Ferry Road Lo the above desuribod p scee11;y. / 2-a of Policy No. 13V)22 SCHEDULE B • This policy does not insure against: I. Any state of facts which an accurate survey and inspection would show; roads, ways and easements not established of record; the existence of county roads; water rights and water locations. 2. Rights or claims of persons in possession, or claiming to be in possession, not shown of record; material or labor liens of which no notice is of record. 3. Matters relating to assessments, if any, preceding the same becoming fixed and shown as a lien, taxes not yet payable, and all matters relating to vacating, opening or other changing of streets or highways preceding the final termination of the sume. 4. Provisions and effect of any law or ordinance enacted for the purpose of regulating occupancy or use of said land or any building or structure thereon. . • • O. i. 0 : i • I.,: t a 2. fl. : • ••• tho ooui.ulario i7.t at roadu and. tii.hwai 6. :/lortsage from Herbert A. Stark and Ruth J. Stark, hus- band and wife, to The Connecticut Mutual Life Insurance Com- nany, a corporation of Orer;on, recorded June IA, 19)49 in Rook 296, page , Mortae Records, instrument No 2897, to secure the payment of a note for 65000.00, dated P 27, 19119. The Mortgage above sot forth as exception Na. 6 is senarately insured by a IvTor s Policy and pa of any loss, under said Policy, will reduce pro tent° the amount of th.is P oil cy _ - -• . • .• .• PAGE ) OF POLICY NO. 1 ' . 1 _622 _ F COON° Upon receipt of notice of any defect, lien of in- the Insured shall forthwith transfer all such rights cumbrance hereby insured against, the Insured to the Company accordingly. If the payment made shall forthwith notify the Company thereof in writing. by the Company does not cover the loss of the In case any suit, action or proceeding is commenced Insured, then such subrogation of the Company to which the Insured is a party and which may shall be proportionate. Or, the Company may, in result in loss under this policy, the Insured shall case this policy covers a mortgagee's interest only, immediately after learning thereof notify the Com- pay the Insured the entire mortgage indebtedness, pany in writing, and within ten (10) days after with interest at the rate specified in the mortgage service of process upon him secure to the Company and thereupon the Insured shall assign and transfer the right to defend such suit, action or proceeding to the Company the mortgage and the indebtedness in the name of the Insured, so far as necessary to thereby secured, with all instruments evidencing protect the Insured, and shall render all reasonable or securing the same, or shall convey to the Com- assistance in such defense. The Company will de- pany any estate lawfully vested in the Insured by fend such suit, action or proceeding at its own cost, virtue of foreclosure of the mortgage, and all reserving, however, the option of settling the claim liability of the Company shall thereupon terminate. or paying this policy in full at any time. But the Where the Insured, in good faith, shall have Company shall in no case be liable for any costs or . Ly the Insured in such litigation entered into an enforceable contract, in writing, to without Its consent. sell the insured estate or interest, and the title shall • have been rejected because of some defect or in- In the event of final judicial determination by a cumbrance not excepted in this policy, and notice Court of competent jurisdiction, under which the in writing of such rejection shall have been given Insured is dispossessed or deprived of the real to this Company within ten days thereafter; for thirty estate covered hereby, or his estate or interest in- days after receiving such notice this Company sured is impaired by reason of any adverse interest, shall have the option of paying the loss of which lien or incumbrance hereby insured against, or, if the Insured must present proper proof, or of main - this policy covers a mortgagee's interest, if such taming or defending either in its own name or at final judicial determination shall defeat or impair its option in the name of the Insured some proper the mortgagor's title to all or any part of the mort- action or proceeding, begun or to be begun in a gaged premises or establish the priority to the mort- court of competent jurisdiction, for the purpose of gage of a lien or incumbrance not excepted in this determining the validity of the objection alleged by policy, claim may, be made hereunder, provided, the vendee to the title, and only in case a final the conditions have been in all ways complied with. determination is made in such action, or proceed - Every claim for loss under this policy must be in ing, sustaining the objection to the title, shall this writing, giving a full statement thereof, and be Company be liable on this policy. delivered to the Company at its Home Office within If this policy covers a mortgagee's interest only, sixty (60) days after such final judicial determine- discharge of the mortgage, otherwise than through tion, whereupon the loss hereunder shall be pay- foreclosure thereof, or by deed in lieu of fore - able to the Insured on or before thirty (30) days. closure, shall terminate this policy and all liability The Company may at any time pay this policy in of the Company hereunder; but if any Insured full, whereupon all liability of the Company shall acquires said land, or any part thereof, by fore terminate. The total liability under this policy, closure or in any other legal manner in satisfaction exclu of costs, shall in no case exceed the face of said mortgage indebtedness, or any part thereof, of the policy, and every payment of the Company then this policy shall continue in force in favor of shall reduce the policy by the amount paid,. When ownership, Insured, and each successor in interest in ownership, subject to all of the conditions and the Company shall have paid a loss under this policy it shall be subrogated to all rights and stipulations hereof applicable to an owner of land. remedies which the Insured may have against any Nothing contained in this policy shall be con - person or property in respect of such claims, or strued as an insurance against defects or incum- would have if this policy had not been issued, and brances created subsequent to the date hereof. • rte ._ .. 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