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• • 4. On or about October 12, 2008, Mary Ruhl Dodds passed away. When Mary Ruhl Dodds died, the trust became irrevocable, and the property was transferred to West Coast Trust, formerly known as The Commercial Bank, the Trustee. 5. Under Measure 49, if a claimant dies on or after December 6, 2007, entitlement to prosecute the claim passes to the person who acquires the claim property by devise or by operation of law. ORS 195.300(18)(c) provides that when the trust becomes irrevocable, only the trustee is the owner. 6. The Final Order and Home Site Authorization was issued on June 3, 2010 and concluded that the one home site approval the claimant qualifies for under Section 6 of Measure 49 authorizes the claimant to establish one dwelling on the subject property. 7. The Final Order and Home Site Authorization stated in Paragraph 12 that "A home site approval will not expire except that if a claimant who received this home site authorization later conveys the property to a party other than the claimant's spouse or the trustee of a revocable trust in which the claimant is the settlor, the subsequent owner of the property must establish the authorized dwelling within 10 years of the conveyance. (Ex. 105) 8. On or about June 10, 2010, West Coast Trust transferred the property to Gretchen L. Rhyne and Justine C. Fogarty by Statutory Warranty Deed that was recorded on June 14, 2010 (Reel 3184, Page 336). A corrected deed was issued on April 17, 2010 (Reel 32007, Page 428). The Corrected Deed states: "It is believed that this transfer from Grantor to Grantee will trigger that ten-year time period and the Final Order will expire if the Final Order home site approval is not utilized by the Grantee. Grantee takes the property subject to this." 9. On September 1, 2015, Gretchen L. Rhyne transferred her 50% ownership into the Gretchen Lee Rhyne Revocable Living Trust (Reel 3738, Page 142). This deed states "The Final Order and Oregon law at the time of this transfer put a limitation on the validity of this Order for a period of ten (10) years from the date of transfer. The ten years has already begun to run based upon an earlier transfer to the Grantor". 10. On December 8, .2015, the Gretchen Lee Rhyne Revocable Living Trust transferred its 50% interest in the subject property to Justine C. Fogarty (Reel 3765, Page 291). At that time, Justine C. Fogarty retained 100% ownership in the subject property. 0 11. On May 22, 2018, Justine C. Fogarty transferred 100% ownership to the Justine C. Fogarty, Trustee, or her successor(s) in trust, under the Justine C. Fogarty Revocable Living Trust Dated the 10th Day of May, 2018, and any amendments thereto (hereafter referred to as the Justine C. Fogarty Revocable Living Trust)(Reel 4082, Page 123). 3 Case No. AR 21-038 — ORDER Fogarty