2026-002966 Klamath County, Oregon AFTER RECORDING RETURN TO: 04/06/2026 12:06:02 PM AmeriTitle, LLC Fee: $117.00 404 Main St., Ste. 1 Klamath Fails, OR 97601 FILE NO. 1063932 Grantor: Benjamin C. Mortel and Fe H. Mortel and Ezpana R. Mortel and Joshua H. Mortel 2220 Garfield Ave. Carmichael, CA 95608 Beneficiary: g* Street Market Place LLC 2992 Anchor Way Klamath Falls OR 97601 \merifitle WMTC 1063932 TRUST DEED (Due on Sale) THIS TRUST DEED, made on April 2, 2026, between Benjamin C. Mortel and Fe H. Mortel and Ezpana R. Mortel and Joshua H. Mortel , as Grantor, AmeriTitle, LLC, as Trustee, and 9th Street Market Place, LLC, a limited liability company, as Beneficiary, WITNESSETH: Grantor irrevocably grants, bargains, sells and conveys to trustee in trust, with power of sale, the property in Klamath County, Oregon, described as: See Attached Exhibit "A’ together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in anywise now or hereafter appertaining, and the rents, issues and profits thereof and all fixtures now or hereafter attached to or used in connection with the property. FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of grantor herein contained and payment of the sum of Seventy Two Thousand Dollars , with interest thereon according to the terms of a promissory note of even date herewith, payable to beneficiary or order and made payable by grantor, the final payment of principal and interest hereof, if not sooner paid, to be due and payable April 3, 2027. The date of maturity of the debt secured by this instrument is the date, stated above, on which the final installment of said note becomes due and payable. In the event the within described property, or any part thereof, or any interest therein is sold, agreed to be sold, conveyed, assigned, or alienated by the grantor without first having obtained the written consent or approval of the beneficiary, then, at the beneficiary's option, all obligations secured by this instrument, irrespective of the maturity dates expressed therein or herein, shall become immediately due and payable. To protect the security of this trust deed, grantor agrees: 1. To protect, preserve and maintain said property in good condition and repair: not to remove or demolish any building or improvement thereon; not to commit or permit any waste of said property. 2. To complete or restore promptly and in good workmanlike manner any building or improvement which may be constructed, damaged or destroyed thereon, and pay when due all costs incurred therefore. 3. To comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; if the beneficiary so requests, to join in executing such financing statements pursuant to the Uniform Commercial Code as the beneficiary may require and to pay for filing same in the proper public office or offices, as well as the cost of all lien searches made by filing officers or searching agencies as may be deemed desirable by the beneficiary. 4. To provide and continuously maintain insurance on the buildings now or hereafter erected on said premises against loss or damage by fire and such other hazards, as the beneficiary may from time to time require, in an amount not less than the $72,000.00, written by one or more companies acceptable to the beneficiary, with loss payable to the latter. All policies of insurance shall be delivered to the beneficiary as soon as insured. If grantor shall fail for any reason to procure any such insurance and to deliver said policies to the beneficiary at least fifteen days prior to the expiration of any policy of insurance now or hereafter placed on said buildings, the beneficiary may procure same at grantor's expense. The amount collected under any fire or other insurance policy may be appiied by beneficiary NOTE: The Trust Deed Act provides that the Trustee hereunder must be either an attorney, who is an active member of the Oregon State Bar, a bank, trust company, or savings and loan association authorized to do business under the laws of Oregon or the United States, a title insurance company authorized to insure title to real property of this state, its subsidiaries, affiliates, agents or branches, the United States or any agency thereof, or an escrow agent licensed under ORS 696.505 t0 696.583. upon any indebtedness secured hereby and in such order as beneficiary may determine, or at option of beneficiary the entire amount so collected, or any part thereof, may be released to grantor. Such applicalion or release shall not cure or waive any default or notice of defauli hereunder or invalidate any act done pursuant to such notice. . To keep said premises free from construction iens and to pay all taxes, assessments and other charges that may be levied or assessed upon or against said property before any part of such taxes, assessments and other charges become past due or delinquent and pramptly deliver receipts therefore to beneficiary; should the grantor fail to make payment of any taxes, assessments, insurance premiums, liens or other charges payable by grantor, either by direct payment or by providing beneficiary with funds with which to make such payment, beneficiary may, at its option, make payment thereof, and the amount so paid, with interest at the rate set forth in the note secured hereby, together with obligations described in paragraphs 6 and 7 of this trust deed, shall be added to and become a part of the debt secured by this trust deed, without waiver of any rights arising from breach of any of the covenants hereof and for such payments, with interest as aforesaid, the property hereinbefore described, as well as the grantor, shall be bound to the same exient that they are bound for the payment of the obligation herein described, and ali such payments shall be immediately due and payable without notice, and the nonpayment thereof shall, at the option of the beneficiary. render alt sums secured by this trust deed immediately due and payable and constitute & breach of this trust deed. To pay all costs, fees and expenses of this trust deed including the cost of title search as weli as the other costs and expenses of the trustee incurred in connectian with or in enforcing this obligation and frustee's and attorney's fees actually incurred. To appear in and defend any action or proceeding purporting to affect the security rights or powers of beneficiary or trustee; and in any suit, action or proceeding in which the beneficiary or trustee may appear, including any suit for the foreclosure of this deed, to pay all costs and expenses, including evidence of title and the beneficiary's or trusiee’s attorney's fees; the amount of attorney’s fees mentioned in this paragraph 7 in all cases shall be fixed by the trial court and in the event of an appeal from any judgrent or decrees of the trial count, grantor further agrees to pay such sum as the appellate court shall adjudge reasonabie as the beneficiary's or trustee's attorney's fees on such appeal. i is mutually agreed that: 8. 10. 11 12, 13. In the event that any portion or all of said property shall be taken under the right of eminent domain or condemnation, beneficiary shall have the right, if 1 so elects, to require that all or any portion of the manies payable as compensation for such taking, which are in excess of the amount required to pay alt reasonable costs, expenses and atormney's fees necessarily paid or incurred by grantor in such proceedings, shall be paid to beneficiary and applied by it first upon any such reasonable costs and expenses and attorney's fees, both in the trial and appeliate courts, necessarily paid or incurred by beneficiary in such proceedings, and the balance applied upon the indebtedness secured hereby; and grantor agrees, at its own expense, 1o take such actions and execute such instruments as shall be necessary in obtaining such compensation, promptly upen beneficiary's request. At any time and from time to time upon written request of beneficiary, payment of its fees and presentation of this deed and the note for endorsement {in case of full reconveyances, for cancellation), without affecting the liability of any person for the payment of the indebtedness, trustee may {(a) consent to the making of any map or plat of said property; (b} join in granting any easement of creating any restriction thereon; (¢} join in any subordination or other agreement affecting this deed or the lien or charge thereof, (d) reconvey, without warranty, all or any part of the property. The grantee in any reconveyance may be described as the "person or persons legally entitled thereto” and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustee’s fees for any of the services mentioned in this paragraph shall be not less than $5. Upon any defauit by grantor hereunder, beneficiary may at any time without notice, either in person, by agent or by a receiver to be appointed by a couri, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any parn thereof, in its own name sue or otherwise collect the rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and coliection, including reasonable attorney's fees upon any indebtedness secured hereby, and in such order as beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits, or the proceeds of fire and cther insurance policies or compensation or awards for any taking or damage of the property, and the application or release thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. Upon default by grantor in payment of any indebtedness secured hereby or in his performance of any agreerment hereunder, time being of the essence with respect to such payment and/or performance, the beneficiary may declare all sums secured hereby immediately due and payable. In such an event the beneficiary at his election may proceed to foreclose this trust deed in equity as a mortgage or direct the trustee to foreclose this trust deed by advertisement and sale, or may direct the trustee to pursue any other right or remedy, either at law or in equity, which the beneficiary may have. In the event the beneficiary elects to foreclose by advertisement and sale, the beneficiary or the trustee shall execute and cause to be recorded his written notice of default and his election o sell the said described real property to satisfy the obligation secured hareby whereupon the trustee shall fix the time and place of sale, give notice thereof as then required by law and procesd 1o foreciose this frust deed in the manner provided in ORS 86.752 to 86.815. After the trustee has commenced foreclosure by advertisement and sale, and at any time prior to 5 days before the date the trusiee conducts the sale, the grantor or any other person so privileged by ORS 86.778, may cure the default or defaults. If the defaulf consists of a failure to pay, when due, sums secured by the trust deed, the defaull may be cured by paying the entire arnount due at the time of the cure other than such portion as would not then be due had no default occurred. Any other default that is capable of being cured may be cured by tendering the performance required under the obligation or trust deed. In any case, in addition to curing the defaull or defaults, the person effecting the cure shall pay to the beneficiary all costs and expenses actually incurred in enforcing the obligation of the trust deed together with trustee's and attorney's fees not exceeding the amounts provided by law. 14. Otherwise, the sale shall be held on the date and at the time and place designated in the notice of sale or the time to which said sale may be postponed as provided by law. The trustee may sell said property either in one parcel or in separate parcels and shall sell the parcel or parcels at auction to the highest hidder for cash, payable at the time of sale. Trustee shall deliver to the purchaser its deed in form as required by law conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters of fact shall be conclusive proof of the truthfulness thereof. Any person, excluding the trustee, but including the grantor and beneficiary, may purchase at the sale. 15. When trustee sells pursuant to the powers provided herein. trustee shall apply the proceeds of sale to payment of {1) the expenses of sale, including the compensation of the trustee and a reasonabie charge by trustee's atlorney, (2) to the obligation secured by the trust deed, (3) to all persons having recorded liens subseguent to the interest of the trustee in the trust deed as their interests may appear in the order of their priority and (4) the surplus, if any, to the grantor or to his successor in interest entifled to such surplus. 16. Beneficiary may from time to time appoint a successor or successors 1o any trustee named herein of to any successor trustee appointed hersunder. Upoen such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers and duties conferred upon any trustes nerein named or appointed hereunder. Each such appointment and substitution shall be made by written instrument executed by beneficiary, which, when recarded in the mortgage records of the county or counties in which the property is situated, shall be conclusive proof of proper appointment of the SUCCessor trustee. 17. Trustee accepts this trust when this deed, duly executed and acknowledged is made a public record as provided by law. Trustee is not cbligated to notify any party hereto of pending sale under any other deed of trust or of any action or proceeding in which grantor, beneficiary or trustee shali be a party unfess such action or proceeding is brought by trustee. The grantor covenants and agrees to and with the beneficiary and the beneficiary’s successor in interest that the grantor is lawfully seized in fee simple of the real property and has a valid, unencumbered title thereto and that the grantor will warrant and forever defend the same against all persons whomsoever, WARNING: Unless grantor provides beneficiary with evidence of insurance coverage as reguired by the contract or loan agreement between them, beneficiary may purchase insurance at grantor's expense to protect beneficiary's interest. This insurance may, but need not, also protect grantor's interest, If the collateral becomes damaged, the coverage purchased by beneficiary may not pay any claim made by or against grantor. Grantor may later cancel the coverage by providing evidence that grantor has obtained property coverage elsewhere. Grantor is responsible for the cost of any insurance coverage purchased by beneficiary, which ¢ost may be added to grantor's contract or loan balance. If it is so added, the interest rate on the underlying contract or loan will apply to it. The effective date of coverage may be the date grantor's prior coverage lapsed or the date grantor failed to provide proof of coverage. The coverage beneficiary purchases may be considerably more expensive than insurance grantor might otherwise obtain alone and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable law. The grantor warrants that the proceeds of the loan represented by the above-described note and this trust deed are primarily for (check one): 3 grantor's personal, family, or household purposes. ‘ Initial: OR [] organizaticn, o (even if grantor is a natural person) are for business or commercial purposes. Initial: This deed applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, personal representatives, successors, and assigns. The term beneficiary shall mean the holder and owner, including pledgee, of the contract secured hereby, whether or not named as a beneficiary herein. In construing this trust deed, it is understood that the grantor, trustee and/or beneficiary may be more than one person; that if the context so requires, the singular shall be taken to mean and include the plural and that generally all grammatical changes shall be made, assumed and implied to make the provisions herecf apply equally to corporations and to individuals, IN WITNESS WHEREOQF, said grantor has hereunto set his hand the day and year first above written. G 1A oty putc of other offcr cariig s coriicals verfes aniy s~ Stateof _((a l{fornia } ss {dentiy of the individuai who signed the gmimnzmsgw???scg??yfé';fe [ Ccxunty of Coy o8 i @ 8 .,Lp 3 ii@!@hg? and not the truthfuiness. accuracy, of validity of that document J #10 - T Onthis ~EFF5 P nd day of _Apiy | 2026, before me, Martim Me s . a Notary Public in and for said state, personally appeared Benjaniii C. Mortel, Fe H. Morte,, Ezpana R. Mortel and Joshua H. Mortel, known or identified to me to be the persong8) whose nama@) isilexsubscribed to the within Instrument and acknowledged that he/shefthepexecuted the same. IN WITNESS WHEREOF, | have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for the State of Ca o rnia Residing at_§20 fap, fo) 7RI T £ 2350 Jacyanente, (A FcP! & Commission Expires: _AJev. 28 2829 REQUEST FOR FULL RECONVEYANCE {To be used only when obligations have been paid) TO! , Trustee The undersigned is the legal owner and holder of all Indebtedness secured by the foregoing trust deed. All sums secured by the trust deed have been fully paid and satisfied. You hereby are directed, on payment to you of any sums owing to you under the terms of the trust deed or pursuant to statute, to cance! all evidences of indebiedness secured by the trust deed (which are delivered to you herewith together with the trust deed) and to reconvey, without warranty, to the parties designated by the terms of the trust deed the estate now held by you under the same, Mail reconvevance and documents 1o DATED: Beneficiary Do not lose or destroy this Trust Deed or the Note which it secures, Both must be delivered to the Trustee for cancelliation before reconveyance will be made. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfuiness, accuracy, or validity of that document. State of California County of Sq.cvyam@n %o ) on_ 274 Aprid oeaf before me, Mot /’7@ ey, Moty Fublic (insert name and title of the officer) personally appeared Benia min Chinen Morte], Fe Myrfaleza More/, Frpana Ruth Horda o 2q Morfe who proved to me on the basis of satisfactory evidence to be the person(S) whose name(d) ifarg subscntbe@ the within instrument and acknowledged to me that he/shefthey executed the same in his/her/tfeir authorized capacity{ies), and that by hes/heri@;g?ature@ on the instrument the person{sy, or the entity upon beha fnf which the person(8) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is rue and correct MARTIN MEJIA WITNESS my hand and official seal LR '; ’ Q : VX3 COMM. #253834) (iem <25 NOTARYPUBLC-CALFORMA ) iy b SACRAMENTOCOUNTY ) I e S 1 NSHEEE COMM.EXPIRES NOV. 25,2029 ;‘ . < ,;ff»::fffff?' _,,-.4--::) (‘;.A—«-—"’" "“’WZ? . £ Signature g — " {Seal) Trwst Deed TyHe Report # p¢ 30 73 ACKNOWLEDGMENT | A notary public or other officer completing this - certificate verifies only the identity of the individual | who signed the document to which this certificate is - attached, and not the truthfuiness, accuracy, or _validity of that document. State of California County of _Sac ramento ) On _20nd Apr) 2024 before me, Atrtin /*7{3;‘;'0& ) /L/Iofwy Peoblic (insert name and title of the officer) personally appeared _Joshwa, Horntale za Aorte/ who proved to me on the basis of satisfactory evidence to be the person{ey whose name(siislare subscribed to the within instrument and acknowledged to me that hefshefthey executed the same in isjher/their authorized capacity(ies), and that by hisfher/their signature(s) on the instrument the ersongs}, or the entity upon behatf of which the personisy acled, executed the instrument. e ¥ | cerlify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is frue and correct. . | o S s 8 T WITNESS my hand and official seal ey MARTIN MEJIA 5 | Uern) oo, ¢ om Cyys NOT i . ' g?\‘g?’i?/ sacraventocomry O L B comm EXPIRESNOV. 25 2028 R . / )“':l‘:’? //A/_,,,, ,:;2‘ AT Signature ___ -~ ~Z7 - z (Seal) Trust Peed Title Report # /063972 EXHIBIT ‘A’ File No. 1063932 Lots 4 and 5 in Block 48 of Nichols Addition to the City of Klamath Falis, according to the official plat thereof on fite in the office of the County Clerk of Klamath County, Oregon, saving and excepting therefrom the Notthwesterly 7 feet of said Lots 4 and 5 as described in Deed from Raiph H. Ross et al., to City of Klamath Falls, Oregen, dated Aprit 3, 1822, recorded October 16, 1923 in Volume 63 of Deeds, Page 67, records of Klamath County, Oregon, for altey. Also that portion of Lot 3 in Block 49 of Nichols Addition fo the City of Klamath Falls, accerding to the official plat thereof on file in the office of the County Clerk of Kiamathy County, Oregon, more particularly described as follows: Beginning at the most Southerly corner of said Let 3; thence Northwesterly along the most Westerly fine of said Lot 3 a distance of 113 feet to the Southeasterly fine of an aliey described in Book 63 at Page 67 of Deed records of Klamath County, Oregon, thence Northeasterly along the Southeasterly line of said alley a distance of 50 feet; thence Southeasterly along & line paraliel with, and 50 feet distant at right angles from the most Westerly line of said Lot 3 a distance of 113 feet to the most Southeasterly line of said Lot 3; thence Southwesterly along the Southeasterly fine of sald Lot 3 3 distance of 50 feet to the point of beginning.