17CV14526 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LANE
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1 CV IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LANE 0 E. Broadway, Suite 00 Eugene, Oregon 0 () -00 Fax () - SHARON I. POLAND and RANDALL J. POLAND, v. Plaintiffs, COLE B. COLSON, individually, and ALL PERSONS, KNOWN AND UNKNOWN, WITH AN INTEREST in the real property described in the Complaint, Defendants. Case No.: CV ORDER APPOINTING WILLIAM FREE AND STUART REALTY GROUP, INC. AS REFEREE; ORDER FOR WRIT OF ASSISTANCE THIS MATTER HAVING COME BEFORE THE COURT upon the Plaintiffs Motion for Appointment of William Free and Stuart Realty Group, Inc., as Referee, and Plaintiffs Motion for Writ of Assistance, and the Declarations of William Free and Nicholas R. Balthrop on file herein, and the entire record presented in this case, the court, now being fully advised, IT IS HEREBY ORDERED that the following motions are granted or denied: ORDER APPOINTING WILLIAM FREE AND STUART REALTY GROUP, INC. AS REFEREE. Appointment of Referee. That William Free individually and Stuart Realty Group, Inc., an Oregon Domestic Corporation (collectively, the Referee ), whose office is located at th Street, Suite., Florence, Oregon ; Telephone: --; ORDER APPOINTING WILLIAM FREE AND STUART REALTY GROUP, INC. AS
2 0 E. Broadway, Suite 00 Eugene, Oregon 0 () -00 Fax () - freeandassoc@harborside.com, is a qualified individual to be appointed as a referee of the sale of the real property located at Foulweather Street, Florence, Oregon (the Property ).. Powers and Duties of the Referee. The Referee has the power and authority to conduct the public sale of the Property expeditiously in accordance with ORS. et seq., including without limitation as follows: a. The referee shall proceed with all reasonable diligence to accomplish the sale of the Property, for cash only, to the highest bidder at public auction sale in accordance with ORS.0. b. The referee shall have the power and authority to choose the date of the sale, so long as the sale proceeds with all reasonable diligence. c. The referee shall have the power and authority to order appropriate title searches for the Property, and shall order a title report before sale, and report to the court regarding the status of property title. d. The referee shall have the power and authority to require that owners, lienholders or encumbrance holders supply to the referee a verified statement of their interest, lien or encumbrance. Parties subject to jurisdiction of the court shall respond to the referee s request for a verified statement within ten days of mailing of the referee s request. e. The referee shall have the power and authority to issue and publish a Notice of Sale in accordance with ORS.0 and ORS.. f. The referee shall have the power and authority to advertise the sale of the Property, including without limitation through listing on any appropriate Regional Multiple Listing Service (RMLS); through print flyers; and through listing on internet-based real estate sale websites. g. The referee shall have the power and authority to file a Referee s Report of Sale of Real Property, requesting the Court s approval of the sale of the Property. h. After approval by the court of the sale to the successful bidder, the referee ORDER APPOINTING WILLIAM FREE AND STUART REALTY GROUP, INC. AS
3 0 E. Broadway, Suite 00 Eugene, Oregon 0 () -00 Fax () - shall deed the Property to the purchaser by statutory bargain and sale deed. i. Upon sale, the referee shall collect the sale proceeds from the successful bidder and deposit the proceeds with the trial court administrator, pursuant to ORS.0. Plaintiffs shall move for the distribution of the sale proceeds pursuant to ORS. and the Court s Order entered on October,. j. The referee shall have the power and authority to generally do the things which are necessary or incidental to the foregoing specific powers, directions, and general authorities.. Referee s Compensation. The compensation for the Referee shall be as follows: (the Commission ): a. The Commission shall be collected from the sale of the Property. The Commission amount shall be five percent (%) of the accepted high bid from the owners of the Property. The Commission shall be distributed to the Referee pursuant to ORS. and per the Court s Order entered on October,. b. There will also be a standard five percent (%) auction fee collected from the buyer of the Property in the form or a Buyer s Premium. This fee will be added to the high bid at the auction to create the final contract/purchase price. The Buyer s Premium shall not be collected from the owners of the Property.. Costs of the Sale. Pursuant to ORCP A() and ORS.0, the Plaintiffs shall pay the referee s costs associated with the sale of the Property. Such costs shall be reimbursed to Plaintiffs out of the proceeds of the sale of the Property, except as follows: a. Plaintiffs shall pay Referee $,00 for advertising and marketing costs within days of appointment by the Court (the Marketing Budget ). In the distribution ORDER APPOINTING WILLIAM FREE AND STUART REALTY GROUP, INC. AS
4 of the proceeds of the sale, the Commission shall be reduced by the amount of the Marketing Budget. Granted Denied 0 E. Broadway, Suite 00 Eugene, Oregon 0 () -00 Fax () - ORDER FOR WRIT OF ASSISTANCE. Motion for a Writ of Assistance, allowing a Lane County Sheriff to remove Defendant Cole Colson from occupancy of the Property on or before days of the date this order is entered. A copy of this Order and the Writ of Assistance shall be served via first class mail upon Defendant Cole Colson within days of the entry of this Order. Granted Denied CERTIFICATE OF COMPLIANCE WITH UTCR.0 Pursuant to UTCR.0, the proposed Order is ready for judicial signature because service is not required pursuant to subsection () of this rule, or by state, rule or otherwise. DATED: December, Signed: // 0: PM Nicholas R. Balthrop, OSB No. 0 nick@oregonlegalteam.com Of Attorneys for Plaintiffs ORDER APPOINTING WILLIAM FREE AND STUART REALTY GROUP, INC. AS
5 SUBMITTED BY: Nicholas R. Balthrop, OSB No. 0 Gaydos, Churnside & Balthrop, P.C. 0 E. Broadway, Ste. 00 Eugene, OR 0 Telephone: () -00 Of Attorneys for Plaintiffs 0 E. Broadway, Suite 00 Eugene, Oregon 0 () -00 Fax () - ORDER APPOINTING WILLIAM FREE AND STUART REALTY GROUP, INC. AS
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