As used in ORS 733.510 to 733.780, “unencumbered” means the nonexistence of any lien, burden or charge having priority over the lien securing the insurer’s investment. The following shall not be considered encumbrances on real property or leasehold interests therein:
(1) Reservations of mineral, oil or timber rights, easements, rights of way, sewer rights or rights of walls.
(2) Liens for taxes or assessments not delinquent.
(3) Building restrictions or other restrictive covenants common to the community.
(4) Where the loan is secured by a lien upon real property, a lease under which rents or profits are reserved to the owner, if in any event the security for the loan would be a first lien upon the real property except for such lease.
(5) Where the loan is secured by a lien on a leasehold, a prior lien on the real property, provided the security for the loan is a first lien upon the leasehold and there exists no provision preventing the insurer from continuing the lease in force for the duration of the lease or no condition or rights of reentry or forfeiture under which such lien can be cut off, subordinated or otherwise disturbed so long as the lessee’s obligations under the lease are discharged. [1967 c.359 §234]
Section: Previous 733.320 733.322 733.510 733.520 733.530 733.540 733.550 733.560 733.570 733.575 733.578 733.580 733.590 733.600 733.610 NextLast modified: August 7, 2008