VAR2001-00017
EXHIDIT A
NOTICE OF TYPE I DECISION - -
SETBACK ADJUSTMENT (VAR) 200140017
WRIGHT SIDE YARD SETBACK ADJUSTMENT ' '°"R
Commuunnity ity Development
Skaping17 Better Community
120 DAYS = 01/02/2002
SECTION I. APPLICATION SUMMARY
FILE NAME: WRIGHT SIDE YARD SETBACK ADJUSTMENT
CASE NO: Setback Adjustment (VAR) VAR2001-00017
PROPOSAL: The applicant has requested approval for a Development Adjustment to
reduce the minimum side yard setback from 5 feet to 4.5 feet to allow
the existing building addition to meet code.
APPLICANT: Gayle K. Wright OWNER: Same as Applicant
12676 SW Sorrel Dock Court
Tigard, OR 97223-1930
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential.
ZONING
DESIGNATION: R-7 PD: Medium-Density Residential District, Planned Development.
The R-7 zoning district is designed to accommodate attached
single-family homes, detached single-family homes with or without
accessory residential units, at a minimum lot size of 5,000 square feet,
and duplexes, at a minimum lot size of 10,000 square feet. Mobile
home parks and subdivisions are also permitted outright. Some civic
and institutional uses are also permitted conditionally.
LOCATION: 12676 SW Sorrel Dock Court; WCTM 1S133AD, Tax Lot 14800.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's
designee has APPROVED the above request. The findings and conclusions on
which the decision is based are noted in Section IV of this decision.
NOTICE OF TYPE I DECISION VAR2001-00017M/RIGHT SIDE YARD SETBACK ADJUSTMENT PAGE 1 OF 3
SECTION III. BACKGROUND INFORMATION
Site History:
A search of City records shows this parcel to be lot 29 of the Summer Lake Subdivision.
City of Tigard Planning Commission Final Order No. 88-03 PC approved an application for
a Subdivision, Sensitive Lands Permit, and Planned Development (S 87-08, SL 87-09, and
PD 97-04).
Vicinity and Site Information:
The property is located on the south side of SW Sorrel Dock Court, which is north of SW
Snow Bush Court and south of Spring Wood Drive. There are no sensitive lands on this
site.
Proposal Description:
The applicant has requested approval for a Development Adjustment to reduce the
minimum side yard setback of 5 feet to 4.5 feet. This request is necessary to allow the
existing structure to comply with the code. The wall of the structure is 4.5 feet from the
property line and the eave is 3.5 feet from property line. Granting the adjustment is the only
way that the applicant can comply with the code requirements.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS:
Section 18.370.020.B.1.b provides that up to a 20% reduction of the dimensional
standards for the side and rear yard setbacks required in the base zone may be
approved as a Type I Development Adjustment. Section 18.370.020.13.2, Approval
Criteria, provides that a development adjustment shall be granted if there is a
demonstration of compliance with all of the applicable standards:
A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant has requested a 9% reduction. This would reduce the side yard setback
from 5 feet to 4.5 feet. The "desired effect" is to allow the proposed side yard reduction on
this particular lot in order to comply with the code. The existing wall of the structure
extends 6 inches into the side yard setback. The adjustment would cause the least
impact. This standard has been met.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
No trees are impacted by the proposal. Therefore, this standard does not apply.
The adjustment will not impede adequate emergency access to the site; and
The adjustment will affect the side yard setback on the east side of the property only.
Emergency access from the street fronting the property will not be affected. Therefore,
this criterion is satisfied.
NOTICE OF TYPE I DECISION VAR2001-00017M/RIGHT SIDE YARD SETBACK ADJUSTMENT PAGE 2 OF 3
There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
The adjustment will have no impact on the applicant's property except by reducing the side
yard setback by 6 inches. This subdivision is a Planned Development which would allow
flexibility in standard setbacks. Therefore, staff finds the adjustment to be the most
reasonable alternative.
SECTION V. PROCEDURE AND APPEAL INFORMATION
A side yard setback adjustment is a Type I procedure. As such, the Director's decision is
final on the date it is mailed or otherwise provided to the applicant, whichever occurs, first.
The Director's decision may not be appealed locally and is the final.decision of the City.
THIS DECISION IS FINAL AS OF SEPTEMBER 11, 2001.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE SEPTEMBER 12, 2001.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
September 11, 2001
APPROVED BY: Kristie Peerman' DATE
Current Planning
NOTICE OF TYPE I DECISION VAR2001-00017MRIGHT SIDE YARD SETBACK ADJUSTMENT PAGE 3 OF 3
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EXHIBIT B
1S133AD-14800
WRIGHT GAYLE K
12676 SW SORREL DOCK CT
TIGARD, OR 97223
r i
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
SCmpingA Better Community
1, Tatricia L. Lun ford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the City of Tigard, Washington County, Oregon and that I served the following:
(Check Appropriate Box(s) Bebw)
x❑ NOTICE OF DECISION FOR: VAR2001-00011/WRIGHT SIDE YARD SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File NoJName Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibiff', and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part
hereof, on September 11, 2001, and deposited in the United States Mail on September 11, 2001, postage prepaid.
(Person th 'Pre d No e)
i
STATE OT OUGON
County of Washington ) ss.
City of 1ryard
Subscribed and sworn/affirmed before me on the h" \ day of '2001.
OFFICIAL SEAL
i- DIANE M JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO. 326678
MYCOMMISSION EXPIRES SEPT. 07, 2003 NOTARY-PUBLIC OF UR"U
My Commission Expires: /I A~
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297
PRE-APP. HELD WITH:
DATE OF PRE-APP.:
GENERAL INFORMATION
Property Address/Locations :
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s):
e.}
Site Size: 60 1( 1()o 4
Property Owner/Deed Holder(s)*: LG- V,, WQKAr Case No.(s): V
Address: 121p1b SI`AJ QQ9£L DQC~ f~ Phone: 5o3- t%'9
` Other Case `No (s):. ~City: `(1(28R.D Zip: 41'1123 -J-q U s,
Applicant*: lp~ Receipt No.:? !
Address: Phone: APP^ lication `Acc ted B
f gP
City: Zip: Date:.
* When the owner and the applicant are different people, the applicant ~Y
must be the purchaser of record or a lessee in possession with written '
19
Date Determined To Be Complete
authorization from the.owner or an agent of the owner. The owner(s)
must sign this application in the space provided on the back of this
form or submit a written authorization with this application. Gomp Plan/Zone Designation
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an CIT Area.
Administrative Adjustment to the.following provision(s) of the Recording Date and Number:
Community Development Code (please circle one only):
>Development Adjustment $100 Reti Ci120t2000 :lcurplp',mastersla~diustmt
>Special Adjustments: i# s
♦ Adjustments to a Subdivision $100
♦ Reduction of Minimum Residential Density $100
♦ Landscaping Adjustments - ExistingMew Street Trees $100
♦ Parking Adjustments - Reduction in Stacking Lane Length $100
♦ Wireless Communication Facility Adjustments- Distance From Another Tower $100 REQUIRED SUBMITTAL ELEMENTS
Please state the reason for the Adjustment request:
✓ Application Elements Submitted:
~ A plication Form .
[Owner's Signature/Written Authorization
~KTitle Transfer Instrument or Deed
L5 S et e5x [v1 ite/Plot Plan (6 copies)
~O
Site/Plot Plan (reduced 8'/2"x 11
[Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
U,-'Filing Fee $100.00
1
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
propefir
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that
any such statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED thisi day of
c A. u
Owner's ignature Owner's Signature
Owner's Signature Owner's Signature
2
Receipt 27200100000000003607
Date: 09/04/200'1
T 1 D E M Q R K
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
VAR2001-00017 ILANDUS] ADJUSTMENT 100-0000-438000 $100.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check GAYLE WRIGHT 0 402 $100.00
TOTAL AMOUNT PAID: $100.00
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' • • 832887
PRINCIPAL MUTUAL LIFE I GSE URNCE COMP NANY
.RESIDENTIAL MORTGAGE
711 HIGH STR50E 92 0690
DES MOINES. IOWA
[Space Above This Line For Recording Data]
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on September 30, 1993 . The grantor is
Gayle K. Wright, an unmarried person
("Borrower"). The trustee'is Dennis M. Paterson. III
("Trustee"). The beneficiary is Principal Mutual Life Insurance Company
which is organized and existing under the laws of the State of Iowa , and whose
address is 711 High Street, Des Moines, IA 50392
("Lender"). Borrower owes Lender the principal sum of
Eighty Four Thousand and 00/100
Dollars (U.S. $84, 000.00
This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"), which provides for
monthly payments, with the full debt, if not paid earlier, due and payable on October 1, 2023
This Security Instrumentsecures to Lender: (a) the repaymentof the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to
protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this
Security Instrumentand the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of
sale, the following described property located in Washington County, Oregon:
LOT 29, SUMMER LAKE, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE
OF OREGON.
TAX NO. 1S133AD-14800
which has the address of 12676 'S.W. Sorrel Dock Court, Tigard [Street, City],
Oregon 97223 ("Property Address");
, [Zip Code]
OREGON-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT I I II p I rillill ii -6R Oq)1g 2121 Form 3038 9/90 I III
016 82315 Amended 8/92
VMP M(1RT(;Ar,F. FORMR - 11/41911 a'.I^M - MMMKII--190!
TOGETHERWITHall the improvementsnow or hereaftererectedon the property, and all easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWERCOVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will
defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITYINSTRUMENTcombines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORMCOVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes
and assessmentswhich may attain priority over this Security Instrumentas a lien on the Property; (b) yearly leasehold payments
or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums,
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with
the provisions of paragraph8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items."
Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally
related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement ProceduresAct of
1974 as amendedfrom time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds
sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount.
Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal HomeLoan Bank. Lender shall apply the Funds to pay the
Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such
a charge. However, Lender may require Borrower to pay a one-time charge for an independentreal estate tax reporting service
used by Lender in connection with this loan, unless applicable- law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permittedto be held by applicable law, Lender shall account to Borrower.
for the excess Funds in accordancewith the requirementsof applicable law. If the amount of the Funds held by Lender at any
time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower
shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than
twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph2l, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale
of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by
this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs
1 and 2 shall be applied: fast, to any prepayment charges due under the Note; second, to amounts payable under paragraph2;
third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay
these obligations in the mannerprovided in paragraph2, or if not paid in that manner, Borrower shall pay them on time directly
to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.
If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrumentunless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings'which in the Lender's opinion operate to prevent the
enforcementof the lien; or (c) secures from the holder of the lien an agreementsatisfactory to Lender subordinating the lien to
this Security Instrument. If Under determinesthat any part of the Property is subject to a lien which may attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
Form 3038 9190
-6R(OR) (9212) Page 2 of 6
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including
floods ci'flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier.providing,,the insurance shall be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld'. `If Borrower fails to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of
paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restorationor repair of the
Property damaged, if the restorationor repair is economically feasible and Lender's security is not lessened. If the restorationor
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under paragraph2l the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from
damageto the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument
immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property, Borrower's Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residencewithin sixty days after the execution of
this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after
the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonablywithheld, or unless
extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the
Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture
action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the
Property or otherwise materially impair the lien createdby this Security Instrumentor Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling
that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if
Borrower; during the loan application process, gave materially false or inaccurate information or statementsto Lender (or failed
to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representationsconcerning Borrower's occupancy of the Property as a principal residence. If this Security Instrumentis on a
leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreementscontained in
this Security Instrument, or there is a legal proceeding that may, significantly ' affect Lender's rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnationor forfeiture or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of'making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve
Form 303~j8(/9/90
-6RIOR1 192121 Ppo 3 of 6 Initials: TJ/L1
40
payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period
that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay
the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirementfor mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnationor other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrumentimmediatelybefore the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total
amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately
before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the
taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall
be applied to the sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandonedby Borrower, or if, after notice by Lender to Borrower that the condemnoroffers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorizedto collect and apply the proceeds, at its option, either to restorationor repair of the Property or to the sums
secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortizationof the sums secured by this Security Instrumentgrantedby Lender to any successor in interest of Borrower shall
not operateto release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the
exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrumentbut does not execute the Note: (a) is co-signing this Security Instrumentonly to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and that law is finally interpretedso that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrumentshall be given by delivering it or by mailing
it by fast class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address
or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by fast class mail to
Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrumentor the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrumentor the Note which can be
given effect without the conflicting provision. To this end the provisions of this Security Instrumentand the Note are declared
to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it
is sold or transferred(or if a beneficial interest in Borrower is sold or transferredand Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this
Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date
of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
Form 3038 91910
dM 6R(OR) (9209) Page 4 of 6
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
SecurityInstrument;or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) jays
Lender all sums which then would be due,under this Security Instrument and the Note as if no acceleration had occurre(b)
cures any default of any other covenants -or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,
including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure
that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by
this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known
as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one
or more changes of the Loan Servicer unrelatedto a sale of the Note. If there is a change of the Loan Servicer, Borrowerwill be
given written notice of the change in accordancewith paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any HazardousSubstance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that
any removal or other remediationof any HazardousSubstance affecting the Property is necessary, Borrower shall promptly take
all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "Environmental Laval" means federal laws and laws of the jurisdiction where the Property is -located that
relate to health, safety or environmental protection.
NON-UNIFORMCO VENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach
of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default;
(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and
(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other
defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,
Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may invoke the power of sale and any other remedies permitted. by. applicable law. -Lender:shall'be
entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,.'including, but,noflimited
to, reasonable attorneys' fees and costs of title evidence.
If Lender Invokes the power of sale, Lender shall execute or cause Trustee, to:;execute'a.written notiee,of the
occurrence of an event of default and of Lender's election to cause the Property to be' sold and shall cause such notice to
be recorded in each county in which any part of the Property is located. Lender or Trustee shall- give 'notice -of sale In the
manner prescribed by applicable law to Borrower and to other persons prescribed by applicable law. After the time
required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest
bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order
Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time
and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty,
expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but
not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any
excess to the person or persons legally entitled to it.
22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
Instrumentto Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally
entitled to it. Such person or persons shall pay any recordation costs.
. 23. Substitute Trustee. Lender may, from time to time, remove Trustee and appoint a successor trustee to any Trustee
appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties
conferred upon Trustee herein and by applicable law.
24. Attorneys' Fees. As used in this Security Instrumentand in the Note, "attorneys' fees" shall include any attorneys'
fees awarded by an appellate court. Form 3048 91901
-6R(OR) 18212) Page 5 er N {
Initials:
25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreementsof each such rider shall be incorporatedinto and shall amend andsupplement _
the covenants and agreements of this.Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 Family Rider
❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider
❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider
❑ VA. Rider ❑ Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrumentand
in any rider(s) executed by Borrower and recorded with it.
Witnesses:
6jo~ r ,
(Seal)
Gayl Wright -Borrower
(Seal)
-Borrower
(Seal) (Seal)
-Borrower -Borrower
STATE OF OREGON, CJJ I°~j{-~7 County ss:
On this day of j' , personally appeared the above named
Gayle R. Wright, an unmarried person
and acknowledged
the foregoing instrument to be her voluntary act and deed.
My Commission Expires: l) - . cl5 . Bef
(Official Seal)
RO¢MEL,LE BL RACK EN
NOTARY PUBLIC-OREGON tary Public for Oregon
OMMIS910N NO. SSAN EXPIRES OCT. 1?- 1995
MY CONIMI
MORI"' (9212) P e of a Form 3038 9/90
,ra
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