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APPLICANTS
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Washington County,Oregon 2021-075463
07/06/2021 09:23:21 AM
D-IRUL Cnt=1 Stn=31 RECORDS1
$35.00$5,00$11.00$60.00-Total=$111.00
RETURN TO:
City of Tigard I 1111111 I 111 ff11 11111111111
I III
Community Development 02776567202100754630070074
I,Joe Nelson,Interim Director of A mont and „�•:aat,
13125 SW Hall Blvd. Taxation and Ex•Officio County Clerk for Washington ,q
Tigard,OR 97223 county,Oregon,do hereby certify that the within �f 1.N ;•i;,
Instrument of writing was received end recorded in the y.v N
book of records of said county.
Joe Nelson,interim Director of Assessment and ?,r;. `k
Taxation,Ex.O ficio County Clerk
•
SPACE ABOVE FOR RECORDER'S USE
•
CITY OF TIGARD
COMPLIANCE AGREEMENT,DECLARATION OF RESTRICTIVE COVENANTS
AND EQUITABLE SERVITUDE
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
THIS COMPLIANCE AGREEMENT, DECLARATION OF RESTRICTIVE COVENANTS AND
EQUITABLE SERVITUDE(the"Agreement")is made and entered into this 4th day of March,2021,by and between
Klarissa Oh and Graham Reside(the"Grantor") and the City of Tigard (the"City").
PURPOSE
The City desires to exempt the construction of an accessory dwelling unit("ADU")located at 11067 SW 79th
Ave,Tigard,Oregon,and approved through case File No.ADU2020-00020. (the"Project"),from payment of City of
Tigard parks and transportation system development charges("SDCs")pursuant to Tigard Municipal Code. The legal
property description of said Project is set forth in Exhibit A,which also is attached hereto and incorporated herein by
reference. The SDCs exempted for eligible Project units are shown on Exhibit B.
Grantor desires to receive the exemption, to satisfy the conditions thereof, and to execute and record this
Agreement for the purpose,in part,of creating restrictive covenants and an equitable servitude that shall run with the
Project land and bind any and all subsequent owners of the Project for the term of this Agreement.
AGREEMENT
SECTION 1. REPRESENTATIONS,COVENANTS AND WARRANTIES OF THE GRANTOR
CONCERNING USE OF THE ACCESSORY DWELLING UNIT. Grantor hereby represents, covenants,
warrants, and agrees that Grantor will not use the ADU on the Property as a short-term rental,as defined in Tigard
Municipal Code 3.24 (as amended July 9,2019), for a period of 10 years (the "Exemption Period") from the date of
final approval of final inspection of the building permit ("Exemption Date"). For the purposes of this Agreement,
posting a listing of the ADU on the Property on a short-term rental website is prima facie evidence that the property
owner has violated this requirement.
SECTION 2. COVENANTS TO RUN WITH THE LAND; EQUITABLE SERVITUDE. The
Grantor represents,covenants,warrants and agrees that:
n. The City is granting the exemption to the Grantor as an inducement to the Grantor to construct and operate
the Project in accordance with the terms of this Agreement. In consideration of the receipt of the exemption,
the Grantor has entered into this Agreement with the City and has agreed to restrict the use of the Project
during the Exemption Period as set forth in this Agreement,
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page I of 7
b. The representations,covenants,and restrictions granted by Grantor therein with respect to the Project shall
be deemed restrictive covenants running with the Project land and also shall be deemed an equitable servitude
running with the Project land in favor of and enforceable by City.These restrictive covenants and equitable
servitude shall pass to and be binding upon the Grantor's successors in title including any purchaser,grantee,
or lessee of any portion of the Project, shall pass to and be binding upon the respective heirs, executors,
administrators,devisees, successors,and assigns of the Grantor or any purchaser,grantee,or lessee of any
portion of the Project and shall pass to and be binding upon any other person or entity having any right,title,
or interest in the Project. Each and every contract,deed,or other instrument hereafter executed covering or
conveying the Project or any portion thereof or interest therein shall contain an express provision making
such conveyance subject to the covenants,restrictions,and charges contained herein;provided,however,that
any such contract, deed, or instrument shall conclusively be held to have been executed, delivered, and
accepted subject to such covenants,restrictions and charges regardless of whether or not such covenants,
restrictions and charges are set forth or incorporated by reference in such contract,deed,or instrument.
SECTION 3. BURDEN AND BENEFIT. The parties hereby declare their understanding and intent
that the burdens of the covenants,restrictions,and charges set forth herein touch and concern the Project land and
that the Grantor's legal interest in the Project may be rendered less valuable thereby. The parties further declare their
understanding and intent that the benefits of such covenants,restrictions,and charges touch and concern the Project
land by enhancing and increasing the enjoyment and use of the owners and tenants of the development,the intended
beneficiaries of such covenants, restrictions, and charges and by furthering the public purposes for which the
exemption is granted.
SECTION 4. COMPLIANCE. The Parties hereby agree that Grantor, if requested by the City, will
provide certification,in a format approved by the City in its sole discretion,that the Grantor is fulfilling its obligations
under this Agreement.
SECTION 5. TERM OF AGREEMENT. The parties agree that this Agreement and the restrictive
covenants and equitable servitude created hereunder become effective upon execution of this Agreement and will
remain in full force and effect for a 10-year Exemption Period. Notwithstanding any other provision of this
Agreement,this Agreement will terminate and be of no further force and effect in the event of a completed foreclosure
by the primary financing lender or by a lender to whom the City has subordinated this Agreement,or their successors
or assigns,or in the event of a delivery by the Grantor of a deed for the Project to the primary financing lender in lieu
of foreclosure,or to a lender to whom the City has subordinated this Agreement,or their successors or assigns.
SECTION 6. TERMINATION. The City may terminate this Agreement,without further liability,upon
30 days'notice and opportunity to cure. Notwithstanding termination,City may pursue any remedy provided for in
Section 7. If the Grantor fails to perform or breaches any of the terms of this Agreement;or immediately and without
notice and opportunity to cure if the City loses the authority to grant the exemption,as determined by its counsel or
otherwise as lacking, the authority to administer the exemption, or fails to receive or loses necessary funding,
appropriations, limitations, or other expenditure or position authority sufficient to carry out the terms of this
Agreement.
SECTION 7. REMEDIES. If the Grantor defaults in the performance or observance of any covenant,
agreement,or obligation set forth in this Agreement and if such default remains uncured for a period of 30 days after
the notice thereof shall have been given by the City to the Grantor,then the City,at its option,may take any one or
more of the following steps:
a. Terminate the exemption of the Project or a portion thereof,in which case the SDC's exempted herein shall
be immediately due and payable to City in the amounts shown on Exhibit B,along with interest accruing from
the Exemption Date at the rate shown on the City's Master Fees and Charges Schedule for"SDC Financing"
calculated semi-annually.City may,in addition to an action to collect SDC's due,withhold issuance of building
or development permits until paid in full;
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 2 of 7
•
31
b. Take such other action under this Agreement,at law,or in equity as may appear necessary or desirable to the
City to enforce the covenants,agreements,warranties,and obligations of the Grantor hereunder.
No waiver or delay in enforcing the provisions hereof as to any breach or violation shall impair,damage,or
Iwaive the right of any person entitled to enforce the same to obtain relief against or recover for the continuation or
repetition of such breach or violation or any similar breach or violation thereof at any later time or times.
SECTION S. RECORDING AND FILING. The Grantor shall cause this Agreement and all
amendments and supplements hereto to be recorded and filed in the real property records of Washington County and
in such other places as the City may reasonably request. The Grantor shall pay all fees and charges incurred in
1 connection with any recording. The Grantor shall provide either the original recorded document or a certified copy
of the recorded document within ten days of the date of this Agreement.
1 SECTION 9. GOVERNING LAW; VENUE. This Agreement shall be governed by the laws of the
State of Oregon. The courts of the State of Oregon,or to the degree necessary,the U.S.District Court for the District
of Oregon,shall have exclusive jurisdiction over any action brought by or against the City under this Agreement. The
Grantor hereby consents to such exclusive jurisdiction and waives any and all objections it might have thereto.
SECTION 10. AUTHORITY. Grantor hereby represents,warrants,and certifies that:
a. It possesses legal authority to apply for and accept the terms and conditions of the exemption and to carry
out the proposed Project;
b. Its governing body,if any,has duly authorized the filing of the application,including all understandings and
assurances contained therein;
c. The person identified as the official representative of the Grantor in the application is duly authorized to act
in connection therewith and to provide such additional information as may be required. The Grantor's official
representative has sufficient authority to make all certifications on its behalf;
d. T"his Agreement does not and will not violate any provision of any applicable law,rule, regulation,or order
of any court, regulatory commission, board, or administrative agency applicable to the Grantor or any
provision of the Grantor's organic laws or documents;
E e, This Agreement has been duly executed by an official representative of Grantor,delivered by Grantor,and
will constitute the legal,valid,and binding obligations of the Grantor,enforceable in accordance with their
terms.
SECTION 11. AMENDMENTS. This Agreement may be amended only by a written instrument
executed by the parties hereto or by their successors and duly recorded in the real property records of Washington
County.
SECTION 12. SEVERABILITY. If any provision of this Agreement shall be invalid, illegal, or
unenforceable,the validity,legality,and enforceability of the remaining portions hereof shall not in any way be affected
or impaired thereby.
SECTION 13. CONSTRUCTION. The parties to this Agreement acknowledge that each party and its
counsel have participated in the drafting and revision of this Agreement. Accordingly, the parties agree that any rule
of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendment,modification, supplement,or restatement of the foregoing or of
any exhibit to this Agreement.
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 3 of 7
SECTION 14. NO LIMITATIONS ON ACTIONS OF CITY IN EXERCISE OF ITS
GOVERNMENTAL POWERS. Nothing in this Agreement is intended,nor shall it be construed, to in any way
limit the actions of the City in the exercise of its governmental powers.It is the express intention of the parties hereto
that the City shall retain the full right and ability to exercise its governmental powers with respect to the Grantor,the
Project,the land,and the transactions contemplated by this Agreement to the same extent as if it were not a party to
this Agreement or the transactions contemplated thereby,and in no event shall the City have any liability in contract
arising under this Agreement by virtue of any exercise of its governmental powers.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly
authorized representatives as of the day and year first above written.
GRANTOR(s);
FULL NAME:
FULL NAME:
Id•` By: +tJt!" `'- liy` '
Signature tgnature
�p
Name: C�V `1, 1'\1�-iSS oH Name: (9/ 'I l'Wt e5I P
S'rATF 01 )
) ss;
County cif W LA.P3 J )
The foregoing instrument was acknowledged before me this 1day of hyriiI ,p2ba I ,by
} I-4- vA.j'Ln-1 j2f ie
r
Notary Public for :State of KZl
My commission expires: lb -I 4 * R
OFFICIAL STAMP
KRISTEN MARLENE JUSTER
Ct74 NOTARY I
COMMISSION LNO.979681
3 MY COMMISSION EXPIRES OCTOBER 14,2022
{
li f
SI)C EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 4 of 7
ii
,ti
CITY OF TIGARD,an Oreeon municipal corporanc.
//1_,
`t e Rvrner.City Manager
C EXEMPTION FOR ACCESSORY DWELLING UNIT
EXHIBIT A
LEGAL,DESCRIPTION OF THE PRgiEc1'
Lot 23,J RI NDLY ACRES.in the City of Tigard.County of Washington and Statc.of()Eqpt'',
SDC EXEMPTION FOR ACCESSORY DWELLING UNIT
Page 6 of 7
EXHIBIT h,
SCHEDULE OF SDCs EXEMP iT
"astern. Exemption Amount
City Transportation $3,876.00
Parks $5.652 Ceti- $7.347 nn
Water NOT ELIGIBLE
Sanitary.Sewer NOT ELIGIBLE
Stormwater NOT ELIGIBLE
County Transportation Development Tax NOT ELIGIBLE
Total Exemption $9 00 $11,223.01,
This SDC exemption is granted to the units located at the property address(es)listed below:
11067 SW 7900 Avenue,Tigard,OR 9722E
SDC EXEMPTION FOR ACCESSORY DWE!a!R'+r m.!h'Ih
Page 7or,
First American Tide Company of Oregon
• •'° 5335 SW Meadows Rd#100
:�� �,._•� First Americans
Lake Oswego,OR 97035
Phn- (503)350-5005
Fax- (866)656-1602
Graham Reside January 03, 2017
1706 Lillian Street File No.: 7000-2794913 (JEJ)
Nashville,TN 37206
Re: Property: 11065 SW 79th Avenue,Tigard,OR 97223
The closing of the above referenced transaction is now complete. For your records we enclose the following:
(Keep these instruments in a safe place as some of them cannot be replaced.)
• If applicable,your refund [ x] is enclosed by check; has been [ ] wire transferred [ ] was direct
deposited to your account
• Final Settlement Statement
• Deed
Your Deed and Policy of Title Insurance will be forwarded separately.
If checks are included in this package,please negotiate as soon as possible. Should you have any questions or
need further assistance, please contact the undersigned.
First American Title Company of Oregon
Jamie Wyland, Assistant for
Joyce Jameson, Escrow Officer
American Land Title Association ALTA Settlement Statement—Buyer
Adopted 05-01-2015
File No.: 7000-2794913 First American Title Company of Oregon
Printed: 01/03/2017,2:48 PM
Officer/Escrow Officer: Joyce Jameson/JW 5335 SW Meadows Rd#100•Lake Oswego,OR 97035
Settlement Location: Phone:(503)350-5005 Fax:(866)656-1602 ! First American
5335 SW Meadows Rd#100,Lake Oswego, Final Settlement Statement
OR 97035
Property Address: 11065 SW 79th Avenue,Tigard,OR 97223 hereby certify that this is a true
Buyer: 3635 Exchange LLC as Qualified Intermediary for Graham Reside and
correct copyof
the original.
Seller: Klarissa Oh
Lender: FIRST AMERICAN TITLE COMPANY
Settlement Date: 01/03/2017
Disbursement Date: 01/03/2017 By r,
Buyer
Description Debit Credit
Financial
Sale Price 140,000.00
Deposit: Receipt No.700045873 on 12/31/2016 by 3635 Exchange LLC fbo Graham Reside 173,279.98
Prorations/Adjustments
Property Tax R282740 Lot 23 @ 50% 01/03/17 to 07/01/17 @$986.22/yr 483.65
Title Charges& Escrow/Settlement Charges
E-recording Fee to First American Title Company of Oregon 5.00
Escrow/Closing Fee to First American Title Company of Oregon 500.00
Government Recording and Transfer Charges
Record Warranty Deed-First to Washington County Recorder 46.00
Transfer Tax to Washington County Recorder 70.00
Subtotals 141,104.65 173,279.98
Due To Buyer 32,175.33
Totals 173,279.98 173,279.98
Our wire instructions do not change. If you receive an email or other communication that appears to be from us and
contains revised wiring instructions,you should consider it suspect and you must call our office at an independently
verified phone number. Do not inquire with the sender.
It..
Copyright 2015 American Land Title Association. File$ 7000-2794913
All rights reserved Page 1 of 2 Printed on 01/03/2017 at 2:48 PM
i
Washington County,Oregon 2017-000288
Stn=28 A STROM
01/0312017 02:00:23 PM
tn
. $10.00 S11.00$5.00 S140.00$20.00 $186.00
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
/ A a1 r,a, THIS SPACE RES oicio County Clerk for Washington County.Oregon,do hereby
6 ? certify that the within Instrument of writing was received and
4 recorded In the book of records of said county.
"'`' Richard Hobemicht,Director of
Assessment and Taxation,Ex-Officio
After recording return to:
Graham Reside
1706 Lillian Street
Nashville,TN 37206
Until a change is requested all tax
statements shall be sent to the
following address:
Graham Reside
1706 Lillian Street
Nashville,TN 37206
File No.: 7000-2794913(3E3)
Date: December 29, 2016
STATUTORY WARRANTY DEED
Kiarissa Oh, Grantor, conveys and warrants to Graham Reside,as to an undivided 50% Interest
and Kiarissa Oh,as to an undivided 50%interest,not as tenants in common but with rights
of survivorship, Grantee, the following described real property free of liens and encumbrances, except
as specifically set forth herein:
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as .
follows:
Lot 23, FRIENDLY ACRES,in the City of Tigard,County of Washington and State of Oregon.
Subject to:
1. Covenants, conditions, restrictions and/or easements, if any, affecting title,which may appear in
the public record, including those shown on any recorded plat or survey.
The true consideration for this conveyance is $140,000.00 paid by an accommodator pursuant to
an IRC 1031 exchange. (Here comply With requirements of oRS 93.030)
Page 1 of 2
'4 F.k THIS SPACE RESERVED FOR RECORDER'S USE
i •r•
.mot"''
After recording return to:
Graham Reside
1706 Lillian Street
Nashville,TN 37206
Until a change is requested all tax
statements shall be sent to the
following address:
Graham Reside
1706 Lillian Street
Nashville,TN 37206
File No.: 7000-2794913 (3EJ)
Date: December 29, 2016
STATUTORY WARRANTY DEED
cNt
Klarissa Oh, Grantor, conveys and warrants to Graham Reside, as to an undivided 50% interest
and Klarissa Oh,as to an undivided 50%interest, not as tenants in common but with rights
of survivorship, Grantee, the following described real property free of liens and encumbrances, except
as specifically set forth herein:
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as
F- follows:
Lot 23, FRIENDLY ACRES, in the City of Tigard, County of Washington and State of Oregon.
Subject to:
1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
The true consideration for this conveyance is $140,000.00 paid by an accommodator pursuant to
an IRC 1031 exchange. (Here comply with requirements of ORS 93.030)
Page 1 of 2
APN: R282740 Statutory Warranty Deed File No.: 7000-2794913(JE7)
-continued
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215,010,
TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
Dated this ~,' �A day of jt/:Wk.,6-1(:)-1^-1 , 20' .
La/1/v
Klarissa Oh
STATE OF Oregon )
)ss.
County of Clackamas
This instrument was acknowledged before me on thi- �� da , 20 t
by Klarissa Oh. r
MIL
Nota Public fo oregon
Mho u'.•.•n expires: .2 - t'
OFFICIAL STAMP
JOYCE ELIZABETH JAMESON
7 NOTARY PUBLIC OREGON
COMMISSION NO.925452
MY COMMISSION EXPIRES FEBRUARY 25,2016
Page 2 of 2
American Land Title Association ALTA Settlement Statement—Buyer
Adopted 05-01-2015
File No.: 7000-2709926 First American Title Company of Oregon
Printed: 08/09/2016,12:28 PM
Officer/Escrow Officer: Joyce Jameson/JEJ 5335 SW Meadows Rd#100•Lake Oswego,OR 97035 •
Settlement Location: Phone:(503)350-5005 Fax:(866)656-1602 FirstAmerican
•
5335 SW Meadows Rd#100,Lake Oswego,
Estimated Settlement Statement
OR 97035
•
Property Address: 11065 SW 79th Avenue,Tigard,OR 97223
Lot:23-24 OR 97223
Buyer: Klarissa Oh
Seller: Sandra Clark Moxley
Lender:
Settlement Date: 08/12/2016
Disbursement Date:
Buy
Description Debit Credit
Financial
Sale Price 330,000-00
Deposit: Receipt No.700040814 on 08/04/2016 by Klarissa Oh 3,300.00
•
Prorations/Adjustments
County Taxes 07/01/16 to 08/12/16 @$2,947.16/yr 339.13
Title Charges&Escrow/Settlement Charges
E-recording Fee to First American Title Company of Oregon 5.00
Escrow/Closing Fee to First American Title Company of Oregon 565.00
•
Government Recordingand Transfer Charges
ii
Record Warranty Deed-First to Washington County Recorder 46.00
Transfer Tax to Washington County Recorder 165.00
Subtotals
Due From Buyer -327,141.87
Totals 330,781.00 330,781.00
Our wire instructions do riot change. If you receive an email or other communication that appears to be from us and contains
•
revised wiring instructions,you should consider it suspect and you must call our office at an independently verified phone number.
Do not inquire with the sender.
Acknowledgement
We/I have carefully reviewed the Estimated ALTA Settlement Statement and find it to be a true and accurate statement of all •
receipts and disbursements to be made on my account or by me In this transaction and further certify that I have received a copy
of the Estimated ALTA Settlement Statement.This Estimated Settlement Statement is subject to changes,corrections or additions
at the time of final computation of Escrow Settlement Statement.We/I authorize First American Title Company of Oregon to cause
the funds to be disbursed in accordance with the Final ALTA Settlement Statement to be provided to me/us at closing.
Copyright 2015 American Land Title Association. File#7000-2709926
All rights reserved Page 1 of 2 Printed on 08/09/2016 at 12:28 PM
Buyer(s):
Klarissa Oh
Escrow Officer:Joyce James°
Copyright 2015 American Land Title Association. File#7000-2709926
AU rights reserved Page 2 of 2 Printed on 08/09/2016 at 12:28 PM
First American Title Company of Oregon t?'
L^' f A r 5335 SW Meadows Rd#100 lett. I'� 1`1 Lake Oswego,OR 97035
Phn- (503)350-5005
Fax- (866)656-1602
ESCROW AGREEMENT
(SALE)
File No: 7000-2709926(3E3) Date: August 02, 2016
Seller: Sandra Clark Moxtey
Buyer: Klarissa Oh
Property Address: 11065 SW 79th Avenue,Tigard, OR 97223
TRANSACTION INSTRUCTIONS
Please read this document carefully. It requires the use of individual arbitration to resolve disputes
instead of jury trials or class actions,
To: First American Title Company of Oregon, hereinafter"Escrow Agent"
Real Property Description: As set forth in Preliminary Title Report issued by First American Title Company
of Oregon, Order/File No. 7000-2709926 dated July 22, 2016 a copy of which has been read and
approved by Seller and Buyer.
Seller deposits with Escrow Agent, pursuant to these instructions, the following:
• Fully executed Statutory Warranty Deed
• 1099 Input Form or Seller Certification
• Affidavit of Existing Construction
• � .
And authorizes delivery, release, and recording of documents when you hold for the account of the Seller the sum
as shown on the attached Estimated Settlement Statement, and, further authorizes credits, deductions and
•
adjustments as set forth on the attached Estimated Settlement Statement. Certain items shown on the closing
statement are estimates only and the final figures may be adjusted to accommodate exact amounts required at
the time of disbursement.
Buyer deposits with Escrow Agent, pursuant to these instructions, the following:
• Funds to close as shown on the Estimated Settlement Statement
• Copy of Statutory Warranty Deed which has been read and approved
And authorizes delivery, release and recording of documents when you are prepared to:
1. Issue an Owner's Title Insurance Policy (ALTA 2006 ) in standard form in the amount of the sales price,
insuring the Grantee on the deed deposited by Seller, which has been read and approved by Buyer, as
the owner of that certain real property referenced above, subject to exclusions, conditions and
stipulations as contained in the policy and special exceptions #6-7, 9-11 as appear on the Preliminary
Title Report referenced above.
Page 1 of 7
First American Title Company of Oregon File No.: 7000-2709926(JEJ)
Date: August 02, 2016
And, further authorizes a) if Buyer is obtaining a new loan, recording and/or release of any documents required
by or on behalf of Lender, including, without limitation, recording prior to the receipt of loan proceeds; b) credits,
deductions and adjustments as set forth on the attached Estimated Settlement Statement. Certain items shown
on the closing statement are estimates only and the final figures may be adjusted to accommodate exact
amounts required at the time of disbursement.
AUTHORIZATIONS
If your closing occurs between July 1st and date the tax roll is certified by the county, please be
advised of the following:
Taxes: Closing tax prorations for the current year are to be based upon 2015-2016 taxes, which is accepted by
the undersigned as a final proration for the purposes of the escrow closing. The undersigned will not hold First
American Title Company of Oregon responsible for any re-proration caused by any increase or decrease of
the tax amount due.
The Buyer understands that the 1/3 real property taxes will be due and payable by November 15th. Buyer
acknowledges that they will need to contact Washington Tax Collector's office to obtain the tax payment
information if the tax statement is not received by November 1st, in order to avoid any delinquent charges.
Tax Collector's Phone No.:
Property Tax Account No: R282740
Prorate: You are to prorate as of the following: Date of recording
Fire Insurance: The parties are to secure fire insurance outside of escrow to protect their interest(s) as they
may appear.
Counterpart: These instructions may be signed in counterpart. Escrow Agent may consider, upon receipt, all
duly executed counterparts to be a single instruction.
Fax: Escrow Agent is authorized to complete all necessary actions set forth herein upon receipt of a signed
facsimile(FAX) of these instructions without receipt of original signed instructions.
Electronic Transfer: Escrow Agent may, in its discretion, receive and/or disburse any funds in connection with
this agreement by electronic (wire) transfer. If required by any of the parties to utilize this method of transfer,
the requesting party agrees to pay any reasonable fee as assessed by Escrow Agent for this service.
Deposits: Parties understand and agree that all checks, money orders or drafts will be processed for collection
in the normal course of business. Parties further understand that all funds required to close must be payable to
First American Title Company of Oregon and must be collected funds, as required by Federal and State or
Oregon statutes and regulations prior to the Escrow Agent's disbursement of any sums. Escrow Agent may
commingle funds received with escrow funds of others, and may, without limitation, deposit such funds in its
custodial or escrow accounts with any reputable trust company, bank, savings bank, savings association or other
financial services entity. It is understood that Escrow Agent, except by virtue of separate signed instructions as
required by State of Oregon regulation, shall be under no obligation to invest the funds deposited on behalf of
any depositor, nor shall it be accountable for any earnings or incidental benefit attributable to the funds which
may be received by Escrow Agent while it holds such funds.
The undersigned are hereby informed that Escrow Agent deposits all funds into a non-interest bearing account
and receives or may receive certain credits and benefits including, without limitation, checks, deposit slips, data
processing and account services from or through various financial entities as a result of the banking relationships
maintained in the regular course of its escrow and title insurance business. The undersigned hereby waive any
and all rights or claims with respect to such credits and benefits received by the Escrow Agent or any affiliates
Page 2 of 7
O
t First American Title Company of Oregon File No.: 7000-2709926(3D)
Date: August 02, 2016
1 thereof. A good faith estimate of the benefits received by Escrow Agent is $32.16 (based on 2001 results) per
escrow transaction. This disclosure is made in compliance with Oregon Administrative Rule 863-50-065.
Any funds remaining on deposit after closing or refunds received by Escrow Agent will be refunded to the party
whose account was charged. No further instructions will be required by any party prior to the disbursement of
any such refund by Escrow Agent. i
Escrow Agent will charge an accounting fee of $10.00 for each month any funds are held after one (1) month in
the event the person(s) entitled to such funds, after reasonable and diligent effort, cannot be found. Escrow
Agent may charge a reasonable fee for replacement and/or stale dated checks.
Oregon Tax Withholding: When applicable, parties authorize and instruct Escrow Agent to withhold and
submit the necessary forms and sums, if any, to the Oregon Department of Revenue pursuant to Chapter 864,
Oregon Laws 2007. When this amount Is based upon net proceeds, escrow is to use the final net proceeds as set
out in the Final Closing Statement.
Copies: The undersigned authorize distribution of these escrow instructions and/or estimated or final closing
statements prepared on my behalf to any designee, real estate broker/agent or lender identified in this
transaction.
Closing: Closing Is defined, for purposes of this agreement, as the time of the recording of all documents as
required by the parties herein. Escrow Agent shall be entitled to payment of all fees charged for services
provided at the time of closing. Any funds held for satisfaction/release of liens and encumbrances or to meet
other conditions of this escrow may be transferred from this escrow account to an appropriate department or
escrow for subsequent processing.
Escrow Agent is authorized to request, on behalf of Borrower, reconveyances of any trust deeds that are paid In
accordance with these instructions and to utilize the provisions of ORS 86.720 et seq in order to release the lien
of record, if necessary.
AGREEMENTS
Dispute Resolution: Please read this arbitration provision carefully. It requires the resolution of
disputes by arbitration on an individual basis rather than by jury trials or class actions.
(a) The parties acknowledge that they are entering into this arbitration agreement in connection with escrow '1.
services related to a real estate transaction. The parties agree that all disputes and claims involving Escrow i
Agent that arise out of or relate to the escrow services or related real estate transaction in any way ,
must be resolved by arbitration. This arbitration agreement is intended to be broadly interpreted, and the
obligation to arbitrate includes disputes or claims brought by or against the parties' respective affiliates, owners,
agents, employees, representatives, predecessors, successors, assigns, and any beneficiaries of the escrow
services, such as those with an interest in the underlying real estate transaction or who are or intend to be
occupants, tenants, or owners of the property. Notwithstanding the foregoing, any party may bring an individual
action In small claims court. Any dispute as to the arbitrability of claims or the scope or enforceability of this
arbitration provision, or as to the interpretation of paragraph (d) below, is for the court to decide. The services
provided by Escrow Agent evidence a transaction in interstate commerce, and thus the Federal Arbitration Act
governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination
of the Escrow.
(b) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The
arbitration will be governed by the Commercial Arbitration Rules or, where applicable, the Consumer Arbitration
Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this arbitration
provision. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The AAA
shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another
Page 3 of 7
I ,n
First American Title Company of Oregon File No.: 7000-2709926 (JEJ)
Date: August 02, 2016
arbitration provider that the parties agree to or that the court selects. Arbitrators may consider but shall not be
bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior
arbitrations involving the same customer to the extent required by applicable law. Unless the parties agree
otherwise, any in-person arbitration hearings shall be in the county in which the underlying real estate at issue in
the transaction is located,
(c) Arbitration Costs. The Escrow Agent will pay all AAA filing, administrative, and arbitrator fees for any
arbitration that the Escrow Agent commences. If another party commences arbitration and the value of that
claim is $75,000 or less (to either party),the Escrow Agent will pay all AAA fees. If, however, the arbitrator finds
that the substance of such a claim or the relief sought is frivolous or brought for an improper purpose (as
measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be
governed by the AAA Rules.
(d) Prohibition of Class or Representative Actions and Non-Individualized Relief. UNDER THIS
AGREEMENT, ANY CLAIM MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NO PARTY MAY
SERVE AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS,
REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all parties agree
otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over
any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief
that a court could award, so long as the relief is individualized to the claimant and would not affect other
persons. No party may seek non-individualized relief that would affect persons other than the parties
themselves. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as
to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may
be brought in court.
Interpleader: Notwithstanding the preceding section, Escrow Agent shall have the option of interpleading funds
in the Circuit Court of Oregon, including the Small Claims Division of same, as may be appropriate, in the event of
a dispute regarding the disposition of any funds held by Escrow Agent, where the substance of the underlying
dispute involves competing claims to the funds held in escrow.
Limited Power of Attorney: The undersigned hereby grant Escrow Agent Limited Power of Attorney to correct
and initial all typographical or clerical errors discovered in any or all of the closing documentation required to be
executed by any of the parties hereto. In the event Escrow Agent exercises this Limited power of Attorney, a
copy of the document(s) corrected and/or initialed will be sent to the affected party.
EXCLUSIONS
COMPLIANCE WITH VARIOUS LAWS OR STATUTES: Escrow Agent has no liability or responsibility with
respect to any matters connected with the following (unless expressly authorized herein or by separate written
instructions acknowledged by Escrow Agent);
1. Compliance with the requirements of the Consumer Credit Protection Act or Interstate Land Sales Act, or
similar laws;
2. Compliance with the requirements of the Oregon Revised Statutes 537.330 (relating to water rights),
537.788 (relating to well information), 448.271 (relating to well testing)and any similar laws;
3. Compliance with Oregon Laws 2001 Chapter 311 (relating to cautionary notice or other information as
applicable regarding potential construction liens);
4. Compliance with the obligation to disclose the existence of lead based paint as required by federal
regulation 24 CFR Part 35 and 40 CFR Part 35 et seq and any other related statute or regulation'
5. Compliance with collection, withholding, reporting or payment of any amounts due under Section 1445
and 6039C of the Internal Revenue Code, as amended, regulations adopted thereunder, and any other
related statute or regulation (Foreign Investment in Real Property Tax Act, commonly referred to as
FIRPTA). Notwithstanding the fact Escrow Agent assumes no liability or responsibility to the parties for
Page 4 of 7
•
First American Title Company of Oregon File No.: 7000-2709926 (JD)
Date: August 02, 2016
compliance with FIRPTA, Escrow Agent reserves the right to take any action required by such law and/or
regulation without further instructions of the parties.
REPRESENTATIONS
Compliance with Earnest Money Agreement: All terms and provisions of the earnest money agreement,
amendments or addenda thereto, have been complied with to the satisfaction of the undersigned or will be
completed outside of this escrow. Escrow Agent is not responsible for any matters except as set forth in this
agreement.
Utilities: The undersigned acknowledge that water, sewer, waste collection, electricity, and other utility charges
and inventory for fuel, including any final billings will be adjusted outside this escrow by the respective parties
and Escrow Agent shall have no obligation or responsibility for such adjustment.
Compliance with Escrow Agreement: The undersigned acknowledge that they have and shall have a
continuing obligation to cooperate with Escrow Agent in good faith to enable Escrow Agent to fulfill its
responsibilities under this agreement. Such obligations shall survive the closing of the transaction described
herein and shall include, without limitation, the obligation to; a) disclose to Escrow Agent any liens,
encumbrances or any other rights, claims or matters known to the parties which affect or relate to the property
and transaction referred to in this agreement; b) return to Escrow Agent for proper disposition any funds,
documents or other property which are, for any reason, improperly or mistakenly released to any persons; c) pay
any charges, advances or expenses that are properly chargeable to the parties; and d) to proceed pursuant to the
provisions of ORS 86.720 to take those steps necessary to secure an appropriate deed of reconveyance of any
trust deed which has been paid and fully satisfied.
Practice of Law/Advice: The undersigned acknowledge that Escrow Agent is not licensed to practice law and
that Escrow Agent's duties and obligations under this agreement are limited to those of an escrow holder. The
undersigned have not been referred to any named attorney(s) or discouraged from seeking the advice of an
attorney but have been requested to seek legal counsel of their own choosing, at their own expense, if they have
any doubts or questions concerning any aspect of this transaction.
Other Obligations: The undersigned acknowledge that, to the extent other obligations exist between them as
a result of this transaction that are not specifically set forth herein, they are individually responsible for the
execution thereof and Escrow Agent Is not obligated for matters except as specifically set forth in this agreement.
Review: The undersigned acknowledge that they have been afforded adequate time and opportunity to read
and understand the escrow instructions and all other documents referred to herein.
SPECIAL INSTRUCTIONS
PLEASE READ THE PRELIMINARY TITLE REPORT AND YOUR CLOSING STATEMENT CAREFULLY
BEFORE SIGNING THIS DOCUMENT. BE SURE THAT ALL FACTS KNOWN TO YOU ARE ACCOUNTED
FOR IN THIS ESCROW. THE ESCROW AGENT HEREIN IS A NEUTRAL THIRD PARTY AND CANNOT
ADVISE YOU OR PROTECT YOUR LEGAL RIGHTS. YOU SHOULD CONSULT LEGAL COUNSEL FOR
SUCH ADVICE AND PROTECTION.
The undersigned has read the Preliminary Title Report and Estimated Closing Statement attached to the original
Escrow Instructions, as well as the Escrow Instructions in this escrow, and any Amendments thereto.
Page 5 of 7
First American Title Company of Oregon File No.: 7000-2709926 (]E])
Date: August 02, 2016
'
The undersigned represents to First American Title Company of Oregon and its underwriter, that there are no
existing liens, assessments, taxes, deferred taxes, unpaid water or sewer bills, or any other obligations which are
the responsibility of the undersigned and which are not shown on the above documents. The undersigned
understands and agrees that any obligation known to it and not disclosed herein, remains the responsibility of the
undersigned subsequent to the closing of this escrow. The undersigned further understands and agrees that any
payoffs made on its behalf in this escrow are made by First American Title Company of Oregon and its
underwriter with complete reliance on figures supplied by the lender, creditor or taxing agency. Such figures may
not be accurate. In the event that additional funds are required to complete said payoffs, the undersigned
hereby agrees that it will immediately, upon request by First American Title Company of Oregon and its
underwriter, provide the additional funds needed to complete said payoffs.
THE PARTIES ACKNOWLEDGE THAT BY THE APPROVAL OF THE ESTIMATED CLOSING STATEMENT
REFERRED TO BY THESE INSTRUCTIONS, THEY HAVE AGREED AS TO THE ALLOCATION OF COSTS
ASSOCIATED WITH THE TITLE PREMIUMS REQUIRED, IF ANY, FOR THE PROTECTION REQUIRED
FOR THE PURCHASER IN COMPLIANCE WITH HOMEBUYER PROTECTION ACT.
Notwithstanding reference, if any, in applicable purchase and sale agreements regarding transfer of water rights,
the parties acknowledge that Escrow Agent will not be responsible for any such transfer and that the parties are
solely responsible for such transfer outside this escrow.
YOU ARE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS. LEGAL
CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE
CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY
ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR
CONCERNS ABOUT THE TRANSACTION OR. ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW
TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW i
AGENT. '
IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS OR THOSE
ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE
THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL •
TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF
THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS
CAREFULLY AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. •
�Dated: '3` ( (-
I:
SELLER(S):
Sandra Clark Moxley
Seller's Forwarding Address: ,
Home Phone:
BUYER(S):
Klarissa Oh
Page 6 of 7
01.
First American Title Company of Oregon File No.: 7000-2709926 (JD)
Date: August 02, 2016
1
Buyer's Forwarding Address: 11065 SW 79th Avenue,Tigard, OR 97223
Home Phone:
Accepted this`V da
`" 'y of � ` , 20 (-()
First American Title Company of Oreg'y I
By: \
i
i
i
1
Page 7 of 7
. .•, First American Title Company of Oregon
•� 121 SW Morrison Street,Suite 300
First American Portland,OR 97204
Phn-(503)222-3651 (800)929-3651
Fax-(877)242-3513
ILADAND „,
A�,r oval
Order No.: 7000-2709926
August 04, 2016
FOR QUESTIONS REGARDING YOUR CLOSING, PLEASE CONTACT:
JOYCE JAMESON, Escrow Officer/Closer
Phone: (503)350-5005- Fax: (866)656-1602- Email:jjameson@firstam.com
First American Title Company of Oregon
5335 SW Meadows Rd #100, Lake Oswego, OR 97035
FOR ALL QUESTIONS REGARDING THIS PRELIMINARY REPORT, PLEASE CONTACT:
Sarah Walters,Title Officer
Toll Free: (800)929-3651 - Direct: (503)790-7857 Email: sawalters@firstam.com
Preliminary Title Report
County Tax Roll Situs Address: 11065 SW 79th Avenue,Tigard, OR 97223
2006 ALTA Owners Standard Coverage Liability $ 330,000.00 Premium $ 1,010,00
2006 ALTA Owners Extended Coverage Liability $ Premium $
2006 ALTA Lenders Standard Coverage Liability $ Premium $
2006 ALTA Lenders Extended Coverage Liability $ Premium $
Endorsement 9,22&8.1 Premium $
Govt Service Charge Cost $ 25.00
City Lien/Service District Search Cost $
Other Cost $
We are prepared to issue Title Insurance Policy or Policies of First American Title Insurance Company, a
Nebraska Corporation in the form and amount shown above, insuring title to the following described land:
Lots 23 and 24, FRIENDLY ACRES, in the City of Tigard, County of Washington and State of
Oregon.
and as of July 22, 2016 at 8:00 a.m., title to the fee simple estate is vested In:
Sandra Clark Moxley
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; proceedings
by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
This report is for the exclusive use of the parties herein shown and is preliminary to the Issuance of a
title insurance policy and shall become void unless a policy is issued,and the full premium paid.
Preliminary Report Order No.:7000-2709926
Page 2 of 6
2. Facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
4. Any encroachment(of existing improvements located on the subject land onto adjoining land or
of existing improvements located on adjoining land onto the subject land), encumbrance,
violation, variation, or adverse circumstance affecting the title that would be disclosed by an
accurate and complete land survey of the subject land.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
The exceptions to coverage 1-5 indusive as set forth above will remain on any subsequently
issued Standard Coverage Title Insurance Policy.
In order to remove these exceptions to coverage in the issuance of an Extended Coverage
Policy the following items are required to be furnished to the Company; additional
exceptions to coverage may be added upon review of such information: I..
A. Survey or alternative acceptable to the company
B. Affidavit regarding possession
C. Proof that there is no new construction or remodeling of any improvement located on
the premises. In the event of new construction or remodeling the following is
required:
i. Satisfactory evidence that no construction liens will be filed; or
ii. Adequate security to protect against actual or potential construction liens;
iii. Payment of additional premiums as required by the Industry Rate Filing
approved by the Insurance Division of the State of Oregon
Water rights, claims to water or title to water, whether or not such rights are a matter of public
6. c
record.
/
7. Taxes for the fiscal year 2016-2017 a lien due, but not yet payable.
•
/8. City liens, if any, of the City of Tigard.
Note: There are no liens as of August 03, 2016. All outstanding utility and user fees are not
liens and therefore are excluded from coverage.
9. These premises are within the boundaries of the Tualatin Valley Water District and are subject to
-, the levies and assessments thereof.
40. Statutory powers and assessments of Clean Water Services.
Fist American Title
Li
Preliminary Report Order No.:7000-2709926
Page 3 of 6
11. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes: •
Recording Information: June 10, 1952 as Book 333, Page 441
1 Proof of death/or Dissolution of Marriage of Marjorie E. Moxley, former spouse of Earl E. Moxley,
former vestee.
- END OF EXCEPTIONS -
NOTE: Taxes for the year 2015-2016 PAID IN FULL
Tax Amount: $2,947.16
Map No.: 15136CA-02500
Property ID: R282740
Tax Code No.: 023.81
NOTE: According to the public record, the following deed(s) affecting the property herein described have
been recorded within 24 months of the effective date of this report: Deed of Personal Representative
recorded March 21, 2016 as Fee No. 2016 021063, Kathryn Ann Simonson, the duly- appointed, qualified
and acting personal representative of the Estate of Earl Edward Moxley, deceased, to Sandra Clark
Moxley.
Deed of Personal Representative recorded June 20, 2016 as Fee No. 2016 047298, Kathryn Ann
Simonson, the duly-appointed, qualified and acting personal representative of the Estate of Earl Edward
Moxley, deceased, to Sandra Clark Moxley.
Warranty Deed recorded June 20, 2016 as Fee No. 2016 047299, Sandra Clark Moxley to Sandra Clark
Moxley.
I
Warranty Deed recorded June 20, 2016 as Fee No. 2016 047300, Sandra Clark Moxley to Sandra Clark
Moxley.
NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon,
imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within
Washington County.
Certain conveyances may be exempt from said ordinance, in which case, Washington County will require
a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are
recorded (including situations to meet lender requirements) either the transfer tax must be paid or
affidavit acceptable to the County must be filed.
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
First American Title
tlNIINNN#N#!{ditNYft#Ik+Ike+lNii{i+!!t1{Ff{4FJNt#ldWNlii{tll1E}k6ipf{Ai/+ki84N{Ak�filitNl#kklii{4Ydlhill}H##H{4kNdNtHit1+<NNiitibi{ANNlSN111id{iN�itkiili{1(ikSN+NidkN{.b.Hsfaf3Msiik+NkN{iiNiikti+#dF4ik If+ik+)klkl{+kl sYt sFllWkl#kF aAk#Nt}is Wlkfki!{iJeBkNbNLfkdJFNiN#+#lilifNNFk{#4{a#k#IpAN#i+ iHaaeF.:.-
Preliminary Report Order No.:7000-2709926
Page 4 of 6
RECORDING INFORMATION
Filing Address: Washington County •
155 North 1st Avenue
Hillsboro, OR 97124-3087
Recording Fees: $41.00 First Page
(Comprised of:
$ 5.00 per page
$ 5.00 per document- Public Land Corner Preservation Fund
$11.00 per document - Ot1S Assessment&Taxation Fee
$20.00 per document- Oregon Housing Alliance Fee)
$ 5.00 E-Recording fee per document
$ 5.00 for each additional page
$ 5.00 for each additional document title, if applicable
$20.00 Non-Standard Document fee,if applicable
•
I
•
FirstAmerican Title
Preliminary Report Order No.;7000-2709926
Page 5 of 6
`was xusgjn
First American Title Insurance Company
•
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY(06/17/06) •
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs, attorneys' fees,or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(I) the occupancy,use,or enjoyment of the Land;
(ii) the character,dimensions,or location of any improvement erected on the Land; •
(ill) the subdivision of land;or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6.
2, Rights of eminent domain,This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects,liens,encumbrances,adverse claims,or other matters
(a) created,suffered,assumed,or agreed to by the Insured Claimant;
(b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14);
or
(e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or Failure of an Insured to comply with applicable doing-business laws of the
state where the Land is situated.
5, Invalidity or unenforceablllty In whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage
and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the
Insured Mortgage,is
(a) a fraudulent conveyance or fraudulent transfer,or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the Insured Mortgage In the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).
ALTA OWNER'S POLICY(06/17/06)
The following matters are expressly exduded from the coverage of this policy,and the Company will not pay loss or damage,costs, attorneys'fees,or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting,or
relating to
(I) the occupancy,use,or enjoyment of the Land;
(II)the character,dimensions,or location of any improvement erected on the Land;
(iii) the subdivision of land;or
(iv) environmental protection;
or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided
under Covered Risk 5. I'
(b) Any governmental police power,This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8,
3. Defects,liens,encumbrances,adverse claims,or other matters
(a) created,suffered,assumed,or agreed to by the Insured Claimant;
(b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the'Title.
4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as
shown in Schedule A,is
(a) a fraudulent conveyance or fraudulent transfer;or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown In Schedule A.
SCHEDULE OF STANDARD EXCEPTIONS
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or riot shown
by the records of such agency or by the public records.
2. Facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making
Inquiry of persons in possession thereof.
3. Easements,or claims of easement,not shown by the pubic records;reservations or exceptions In patents or in Acts authorizing the Issuance thereof;
water rights,claims or title to water,
4. Any encroachment(of existing improvements located on the subject land onto adjoining land or of existing Improvements
located on adjoining land onto the subject land),encumbrance,violation,variation,or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the subject land.
5. Any lien"or right to a lien,for services,tabor,material,equipment rental or workers compensation heretofore or hereafter
furnished,imposed by law and not shown by the public records.
NOTE: A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)WILL BE FURNISHED UPON REQUEST Tl 149 Rev.7-22-08
First American Tide
Preliminary Report Order No.:7000-2709926
Page 6 of 6
;;11111F118#-' First American Trtle
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and In the future,we may ask you to provide us with certain information.We understand that you may be concerned about what we will do with such
information-particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together with our
subsidlarres we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the hformation that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source,such as
information obtained from a public record or from another person or entity.First American has also adopted broader guidelines that govern our use of personal information regardless of Its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing,the types of nonpublic personal Information that we may collect include:
• Information we receive from you on applications,forms and in other communications to us,whether In writing,In person,by telephone or any other means;
• Information about your transactions with us,our affiliated companies,or others;and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we will not release your information to noruaffi4ated parties
except:(1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however,store such Information indefinitely,including the period
after which any customer relationship has ceased.Such information may be used for any internal purpose,such as quality control effort or customer analysis.We may also provide at of the types of
nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies Include financial service providers,such as title insurers,property and casualty
Insurers,and bust and investment advisory companies,or companies Involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore,
1 we may also provide all the Information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial
Institutions with whom we or our affiliated companies have Joint marketing agreements.
Former Customers
Even If you are no longer our customer,our Privacy Policy will continue to apply to you.
Confidentiality and Security
We wilt use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those Individuals and
entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and Fist American's Fair Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with
federal regulations to guard your nonpublic personal Information.
Information Obtained Through Our Web Site
First American Flnandel Corporation is sensitive to privacy Issues on tine Internet.We believe it is Important you know how we treat the information about you we receive on the Internet.
In general,you can visit First American or its affiliates'Web sites on the World Wile Web without telling us who you are or reveling any information about yourself.Our Web servers collect the
domain names,not the e-mail addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the site,pages viewed and similar information.First
American uses this Information to measure the use of our site and to develop Ideas to Improve the content of our site.
There are times,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts to let you know at the time of
collection how we wit use the personal information.Usually,the personal information we collect Is used only by us to respond to your nquiry,process an order or allow you to access specific
account/profle information.If you choose to share any personal Information with us,we will only use It in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and Its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize information to your personal tastes.A cookie Is an element of data that a Web site
can send to your browser,which may then store the cookie on your hard drive.
OrstAjn.corn uses stored cookies.The goal of this technology Is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and
productive Web slte experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record we believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record
and emphasize Its Importance and contribution to our economy.
Use We believe we should behave resc,u+oibly when we use Information about a consumer In our business.We will obey the laws governing the collection,use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we wit take reasonable steps to correct inaccurate Information.
When,as with the public record,we cannot correct inaccurate Information,we will take all reasonable steps to assist consumers In identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users or our product and services,our employees and others in our industry about the importance of consumer privacy.We will instinct our employees on
our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible manner.
Security We wit maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation)
First American Title
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This map/plat Is being furnished as an aid In locating the herein described land in relation to
♦°y AMR R i e adjoining streets,natural boundaries and other land,and Is not a survey of the land depicted.
Except to the extent a policy of title Insurance is expressly modified by endorsement,If any,the
7; First company does not Insure dimensions,distances,location of easements,acreage or other matters
stAmerican Title
shown thereon.
kelie geoAdvantage
.4‘
ws A M r.+4 r r THIS SPACE RESERVED FOR RECORDER'S USE
r
� IYu�x•
After recording return to:
Klarissa Oh RFgOgN
11065 SW 79th Avenue 04
Tigard, OR 97223 ?O4.O
Until a change is requested all tax
statements shall be sent to the
following address:
Klarissa Oh
11065 SW 79th Avenue
Tigard, OR 97223
File No.: 7000-2709926 0E3)
Date: August 02, 2016
STATUTORY WARRANTY DEED
Sandra Clark Moxley, Grantor, conveys and warrants to Klarissa Oh , Grantee, the following
described real property free of liens and encumbrances, except as specifically set forth herein:
•
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as
follows:
Lots 23 and 24, FRIENDLY ACRES, in the City of Tigard,County of Washington and State of
Oregon.
Subject to:
1. The 2016-17 Taxes, a lien not yet payable.
2. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in
the public record, including those shown on any recorded plat or survey.
The true consideration for this conveyance is $330,000.00. (Here comply with requirements of ORS 93,030)
Page 1 of 2
1.
I"
APN:R282740 Statutory Warranty Deed File No.:7000-2709926(JEJ)
-continued
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS
INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PR TY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VE THAT THE UNIT OF LAND BEING
TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, DEFINED IN ORS 92.010 OR 215.010,
TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, T DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN'ORS 30.930, AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2'TO 7, CHAPTER 8, OREGON LAWS 2010.
Dated this day of , 20
•
•
Sandra Clark Moxley
STATE OF Oregon )
)ss.
County of Yamhill )
This instrument was acknowledged before me on this day of , 20
by Sandra Clark Moxley.
is
Notary Public for Oregon
My commission expires: ..
Page 2 of 2 •