VAR2002-00028
EXHIBIT A
NOTICE OF.,TYPE I DECISION.
ADJUSTMENT (VAR) 2002 00028
TIGARD
„ CITY
. Community Deve.Z
SIDE YARD SETBACK ADJUSTMENT Sh 9 A opment
t er
Community
120 DAYS = 01 /01 /2003
SECTION I. APPLICATION SUMMARY
FILE NAME: DAIKH SIDE YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2002-00028
PROPOSAL: The applicant has requested a 20% adjustment to the side yard setback to
reduce the setback from 5 feet to 4 feet to accommodate construction.
APPLICANT/ Jim Daikh
OWNER: 8865 SW Davies
Beaverton, OR 97008
LOCATION: 13102 SW ST James Lane; WCTM 2S1 09AB-1 1000
COMPREHENSIVE
PLAN
DESIGNATION: R-7, Medium Density Residential.
ZONING
DESIGNATION: The subject property is within the R-7 Medium-Density Residential zoning
district. 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.
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'Tgard CommunityDevelopmert~Dlro°ctor's designee,
,has APPROVED the above request sub~ect'to certain conditions of approval
The findings and conclusions(on which the decision is'based a're,roted rn SectionLlV: i
VAR2002-00029 -SETBACK ADJUSTMENT PAGE 1 OF 3
NOTICE OF TYPE I DECISION
•
. ,CON DITIONSOF APPROVAL ,
1. All construction must be completed in compliance with the conditions of approval of the
Raven Ridge Subdivision (SUB1999-00006).
T FIROM THE EAL SHALL' BE VALID FOR 18UMOS
FFE
CTIVE DATE' OF THIS, DECJSI.ON
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The property is bordered on all sides by single-family residences. The proposal is to intrude
into the 5-foot side yard setback by 1 foot to accommodate construction of the proposed
home.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Tigard Development Code Section 18.390 allows the following development
Adjustments by means of a Type I procedure:
Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front
yard setback required in the base zone. Setback of garages may not be reduced by
this provision.
Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
Lot coverage. Up to 5% increase of the maximum lot coverage required in the base
zone.
The applicant has requested an Adjustment to the side yard setback to allow the placement
of a deck. The required side yard setback is .5 feet therefore, a 1-foot reduction of this
setback may be allowed provided the following criteria are addressed.
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 affect;
The adjustment is being requested to allow the deck to protrude into the side yard setback by
1-foot. According to the applicant this is the minimum relief needed to allow placement of the
home. The house was designed with a door at grade, however, the grade was never
achieved nor necessary to accommodate construction.
VAR2002-00029 -SETBACK ADJUSTMENT PAGE 2 OF 3
NOTICE OF TYPE I DECISION
•
The Adjustment will. result in the preservation of trees, if trees are present 'in the
development area;
All trees on the site were removed during construction of the subdivision. There are no trees
to preserve, therefore, this criterion is inapplicable.
The Adjustment will not impede adequate emergency access to the site;
The Adjustment will not impede emergency access. Emergency service can still access this
dwelling and adjacent dwellings.
There is not a reasonable alternative to the Adjustment which achieves the desired
affect.
Because of the location of the door and location of the home on the site, there are no other
reasonable alternatives to the placement or orientation of the deck that would achieve the
desired affect.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and owners:
Final Decision:
A 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 ON SEPTEMBER 3, 2002
AND BECOMES EFFECTIVE ON SEPTEMBER 4, 2002.
Questions:
I 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 3 2002
APPROVED BY: Brad Kilby ATE
Associate Planner
VAR2002-00029-SETBACK ADJUSTMENT PAGE 3 OF 3
NOTICE OF TYPE I DECISION
EXHIBIT
Jim Daikh VAR2002-00028
8865 SW Davies
Beaverton, OR 97008 DAIKH SIDE YARD SETBACK ADJUSTMENT
Bea
AFFIDAVIT OF MAILING CITY OFTIGARD
Community (Development
Shaping fl Better Community
I, Bradley KjZy, being first duly sworn/affirm, on oath depose and say that I am an Associate Blannerfor the City of Tigard,
Washington County, Oregon and that I served the following:
(Check Appropilate Box(s) Below)
F NOTICE OF DECISION FOR: VAR2002-00028/DAIKH SIDE YARD SETBACK ADJUSTMENT
❑ AMENDED NOTICE (File No./Name Reference)
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhiblt"A 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 3, 2002, and deposited in the United States Mail on September 3, 2002, postage prepaid.
(Person that Prepared N ' e)
ST,4TE OT OUGON )
County of Washington ) ss.
City of igard )
Y~
Subscribed and sworn/affirmed before me on the day of ~1,9 ZY '2002.
OFFICIAL SEAL
SHERMM S. CASPER
NOTARY PUBLIC-OREGON
COMMISSION NO. 323409
MY COMMISSION WIRES MAY 13, 2003
T PUBLIC UBE UN
My Commission Expires: /Z 24X)3
0 i
ADJUSTMENT
TYPE 1 APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.• (503) 684-7297
GENERAL INFORMATION
Property Address/Location(s): \31 oZ Sw 5~ .S~w rs (aw e
Ti ..4 1Z 7722!-~J FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): -
Site Size: G)52- s F Case No.: V Aeaniad -Onoa-V
Applicant`: Other Case No.(s): m-
Address: 92& c s. i t~4v~~s Receipt No.: plow - 3 a
City/State: T3r~v¢,,{on Zip: 9~0csr
PrimaryContact: 0g,,/rA Application Ac epted y:
Phone: 57o3- -75-7-S-S"S I Fax: s"63 - 9'77- 632b
Date:
Property Owner/Deed Holder(s)'': (Attach list if more than one)
Date Determined To a Complete:
Address: Z(s 5-,,l T)a✓.rs Phone: <5-63) 7s 7-S3s 1
City/State: Rc u,e de " Dd7 :Zip: 9 7-6oR i
Comp Plan/Zone Designation:
When the owner and the applicant are different people, the applicant
must be the purchaser of record or a lessee in possession with written
authorization from the owner or an agent of the owner. The owner(s) CIT Area:
must sign this application in the space provided on the back of this Recording Date and Number:
form or submit a written authorization with this application.
PROPOSAL SUMMARY Rev. 7/12102 is\curpln\masters\revised\adjustment-1.doc
The owners of record of the subject property request permission for an
Administrative Adjustment to the following provision(s) of the
Community Development Code (please circle one only):
evelopmentAdjustment - FrontYard,InteriorSetbacksandLotCoverage REQUIRED SUBMITTAL ELEMENTS
>Special Adjustments:
♦ Adjustments to a Subdivision
♦ Reduction of Minimum Residential Density ✓ Application Elements Submitted:
♦ Landscaping Adjustments - Existing/New Street Trees
♦ Parking Adjustments - Reduction in Stacking Lane Length Application Form
♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing Dev.
♦ Setback Adjustments - Setbacks to Reduce Tree Removal Owner's Signature/Written Authorization
♦ Wireless Communication Facility Adjustments - Distance From Another Tower itle Transfer lutrument or DeedwZ11
♦ Washington Square Reg. Center Density Adjustments
Site/Plot Plan (65 copies)
Please state the reason for the Adjustment request: 170 lac., Jd Site/Plot Plan (reduced 8ya"x 11")
Q yo;ie dick 4---4 ;s 4r-t~~s.. I Lw ~ 3y r• g bo v c
i [ Applicant's Statement
I t,.~ ~~ro ...,.nl ►1a va Q 1 v c~ o u. ~'L~ • r 6 (Addressing-Criteria-Under Section 18.370.020)
se ! Pack Filing Fee $205.00
1
0
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 property.
♦ 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 this day of z 9 20 4 -
Z-N%
Appli ant/Authorized Agent Signature Owner's Signature
Owner's Signature Owner's Signature
2
Receipt 27200200000000003227
Date: 08/30/2002
T I D E M A R K
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
VAR2002-00028 [LANDUS] ADJUSTMENT 100-0000-438000 $205.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check FATHALLA K. DAIKH DCP 0779 0 $205.00
TOTAL AMOUNT PAID: $205.00
t C. ~ y4{M1 I1 1 d37A fQ,
{ f l t }O 1 V 4
FATHALLA K DAIKH ` w5
8695 SW. MAVERICK, NO. 105 [ r k'y 9e 't
BEAVERTON, OR 9700.5 ' 24-201/1230
cO"
®1RIIDlEIR OF T r
-'D f
KEY BANK OF OREGON
SIXTH & ALDER OFFICE
595 SW ALDER STREET
PORTLAND; OR 97204
503-684.0222 1-800-685-0222
FOIR
Al
FROM :FIRST AMERICAN TITLE 20608-30 10:33 #438 P.01/22
Fil st American Tide Page 1 of 1
' First American Title Insurance Company of Oregon
An assumed businosn nand of TITLE INSURANCE Co.MPANY OF OREGON
Its -WWW 1700 SW Fourth Ave, Suite 102 * Portland, OR 97201-5515
' Phone: (503) 219-8746 * Fax: (503) 790-7872
NEW CLIENT
PREFERRED CLIENT NO : 7566
Order No 80665 8130102
Delivery Type Fax
Note TTN.• DIANE PARKE
FAX.- 503.598.1960
Standard Orders Total I
Fax I
Fax 2
Email
We appreciate this opportunity to be of service to you. If
you have any questions regarding this report, please call:
Dan Watson
Phone: (503) 219-8710
Fax: (503) 790-7872
ddwatsonoafirstam, com
Thia title infotm+tienhas been famished, without ohargo, in conformance with the guidelines approved by the Stato of Oregan
Insurance Commissioner. no Truurance Division cautions irate mediarias that Ihis service is designod to benefit the ultimate insureds,
indiscriminate use only benefiting intennediarics will not be permitted. Said services may be discontinued. No liability is assumed for any
errors in this report.
http://pdxms04/webapp/TheOne/O.ne 8/30/02
FROM :FIRST AMERICAN TITLE 20,08-30 10:33 #438 P.02/22 Ask Wat:Mngton COWly, Oregon 2002.033166
+ 0312112002 09:48:62 PM
lD D•M Crta1 !!trot K GRUNlWALD
(n !100,00 $0.00 !11.00 • Total■i122.00
Y Until a change is requested all tax statements shall be
l\ sent to the fallowhig addrew-
TOTAL MORTGAGE SOLUTIONS If III IIl ~I (I
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C/O FIRST A>lidSRICAN REAP, ESTATE TAX SERVICE ooo~a~oo2ao2o0ss~eao2 0212
6 Jerry Haneon, otreater olAne+emers snu T~11.bore
3445 WINTON PLACE, 90YTE 219 and Ex oleclo Couirty dNA rorwumnsten ceunN,
do hereby cor" that the wltNh IhettumeM of wrldne
ROCHESTER, NY 14623 wa received IN Worded In the eo k of,ecohle of
1'VHBN RECORDED MAIL TO e11W county. 19 t
FHXLC - POST CLOSING MAIL ROOM JGRV Kmeon,INhctertee.■;e,■„tandn,„lon,
10741 KING WILLIAM-MAIL CODE 6708 E:.otnoi°e°yrtp~a.e.
DALLAS, TX 75220
TAX ACCOUNT NUMBER County: 82104912 City:
[Space Above This Line For Recording Data]
DEED OF TRUST 0028917579
DEMNYTIONS
S Words used in multiple sections of thi9 document are defined below and other wurds are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
Q in Section 16.
~g Jt (A) "Security Instrument" means this document, which is dated March 15th, 2002
together with all Riders to this document. ,
(B) "Borrower" is
ajM DAITZH
Borrower is the trustor under this Security lllstnur nt.
(C) "Lender" is FIRST HORIZON HOME LOAN CORPORATION
Lender is a CORPORATION
organized and existing under the laws of THE STATE OF KANSAB
OREGON -Single Family- Fannie Mae/Freddie Mee UNIFORM INSTRUMENT Form 3038 1101
(W
oOR) (0104) 11
of 15 HUM
PerotVMPMORTGAGE FOAM3-(MMY;) -7291 IIIOIIIIIIIIIIIII~~IIIIII{Ill!
FROM :FIRST AMERICAN TITLE 2008-30 10:33 #438 P.03/22
2102
Lender's address is 4000 Horizon Way, Irving, Texae 75063 .
Lender is the beneficiary under this Security Instrument.
(13) "Trustee" is FIRST AMERICAN 'TITLE INSURANCE COMPANY
(E) "Note" means the promissory note signed by Borrower and dated March 15th, 2002
The Note states. that Borrower owes Lender
TWO HUNDRED S IXTI3EN THOUSAND NINE HUNPRE:D NINETY TWO & 00/100 Dollars
(U.S. $ 216,992-00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in fall not later than April 1®t, 2033
(,F') "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security lnstrurnent that arc executed by gorrower. The following
Riders are to be executed by Borrower [check box as applicable]:
EJ Adjustable Rate Rider 0 Condominium Rider ❑ Second Home Rider
Balloon Rider Planned Unit Development Rider ❑ 1-4 Family Rider
EIVA Rider Biweekly Payment Rider ® Other(s) [specify)
RESIDENTIAL CONSTRUCTION LOAN ADDENDUM
(I) "Applicable Low" mesas all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions,
(n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that arc imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft. or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers Initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Suction 3.
(No "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for- (i)
damage to, or destruction of, the Property; (11) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemaatioq or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property-
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R.Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA° refers to all requirements and restrictions that are imposed in regard
0028617579 ~4*)
CV(01t) woo n~~ t of 35 Farm 3038 1101
FROM :FIRST AMERICAN TITLE 20608-30 10:34 31438 P.04/22
2002-33188
w a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RPSPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or.not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN TH E PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under tbis'
Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in
trust, with power of sale, the following described property located in the
County of Washington
[Type of ]recording Jurisdiction) (Name of Recording lurisdietioW
LOT 39, RAVEN RID03, IN THE CXTY OF TIGARD, COUNTY OF WASHINGTON
AND STATE OF OREGON.
which currently has the address of
13102 SW ST JAMEg LANE (Steel]
PORTLAND tCity) , Oregon 97224 [Zip Code)
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on 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,
"
BORROWER COVENANTS that Borrower is lawfully seised of the estate ,bereby 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 SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constintc a uniform security instrument covering real
properly.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges duc under the Note. Borrower shall also pay ftlnds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
0028617579
(0-6(GR) (0(011 Page or Is Form 31138 1/U]
FROM :FIRST RMERICRN TITLE 20 ,08-30 10:34 33438 P.OS/22
2®e2-33165
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Under may require that any or all subsequent payments
due under the Note and this Security Instrument be made in One or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) ecrlified cheep, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, of entity; or (d) Electronic Funds Transfer.
Payments are deemed received by lender when received at the location designated in the Note or at
such other location as may be designated by L.endcr in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring
the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments hi
the future, but Leander is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its seheduled.dae date, then Lender need not pay interest on unapplied
funds- lender may hold such unapplied funds until Borrower.makes payment to bring the Loan current, If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the
future against lender shall relieve Borrower from making payments due under the Note and this Security
Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds, Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority. (a) interest due under the
Note; (b) principal due under the Note; (c) amoums due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may ba applied to the delinquent payment and the
late charge. If more than one Periodic payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
.
full. To the extent that any excess exists after the payment is applied to tic full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due tmder
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a Hen or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any, (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,
or any stuns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. Thesc items are called "Escrow Items." At origination or at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees and
Assessments, if any, be escrowed by Borrower, and such dues, fees, and assessments shall be an Escrow Item-
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
sball pay Lender the Fonds for Escrow Items unless Lender waives Borrower's obligation to pay the Minds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
0028627579
OR) rotas t e d is Form 3038 1/0.1
FROM :FIRST AMERICAN TITLE 200608-30 10:34 #438 P.06/22
. r I
2002-33163.
shalL pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall fltmish to Gender receipts evidencing such
payment within such time period as Lender nosy require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower, is obligated to pay
Escrow Items directly, pursuant to a.waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation. Borrower shall
pay to Lender all Funds, and in such amounts, that arc then required under this Section 3.
Lender may, at any tirne, collect and hold. Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall 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 an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall 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 Fonds and
Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable.
Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or
earnings on the Funds. Borrower and Lender can 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 as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined under RFSPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as requited by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but is no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RFSPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Junr u+aent, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
artnIn table to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contest% the lien in good faith by, or
defends against enforcement of the lien in., legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;
or (c) secures from the holder of the lien an agreement satisfactory to Leader subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10
0028617579
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(M -6(0li) (0104) POZ s of is Form 3039 1/01
FROM :FIRST AMERICAN TITLE 20608-30 10:35 #438 P.07/22
0038617579
30~Z-33365
days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions set forth above in this Section 4.
Lcndcr may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan_
5. 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, but not limited to, earthquakes and floods, for which Lender requires insurande_ This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the tetra of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a ono-tithe charge for flood zone determination and certification
services and subsequent charges each time rcmappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to pumbase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained- Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from lender
to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. if Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
darnage to, or destruction of, the property, such policy shall include a standard mortgage clause and shall
dame Lender as mortgagee and/or as an additional loss payee.
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, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportumity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed, t lnlcss an agreement is made in writing or Applicable Law requires
interest to be paid ou such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be,
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the stems secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
003a617579
JanW.;
(CM -000) (ola) hie 6 d is Form 3038 1/01
FROM :FIRST AMERICAN TITLE 200 108-30 10:35 #438 P.08/22 Adak 2002-33166
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
U Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the antoutits unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any rebind of untamed premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
. 6.0ccupancy. Borrower shall occupy, establish, and use the property as Borrower's principal residence
within 60 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 unreasonably withheld, or unless extenuating circumstances
exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy. damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such, repair or restoration-
Leuder or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements an the Property- Lender shall give
Borrower notice at the time of or prior w such an interior inspection specifying such reasonable cause.
8. Borrower's Limn Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) is connection with the Loan. Material representations include, but
are not limited to, representations eoncerniltg Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrrmtent. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is
a legal proceeding that might significantly affect Lendcr's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and nights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
0028617579
Inldal~:
d-6(OR) (om) PW 7415 Form 3039 1/01
FROM :FIRST AMERICAN TITLE 20608-30 10:36 '#438 P.09/22
2002-93165
attorneys' fees to protect its interest in the Property and/or rights under this security Instrument, including its
secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the
Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes,
eliminate building or other code violations or dangerous conditions, and have utilities turned on. or off.
Although Lender may take action under this Section 9, Lender does not have to do so and is not under any
duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions
authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 'shall become additional, debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower sbail comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee tide shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to matte separately designated payments
toward the premiums for Mortgage Insurance, 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
selected by Lender. if substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due wheii the insurance
coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss
reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that
the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings
on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in
the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. R Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable
law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entiry that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loam as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are
on terms and conditions that are satisfactory to the mortgage insurer and the other parry (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums)-
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often tenned "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Lvsn. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
0028617579
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40, -6(0R) (0104) Fore r of is Form 308 1/01
FROM :FIRST AMERICAN TITLE 20 608-30 10:36 #438 P.10/22
20@233165
(b) MV such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1.998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Murtgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous . Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and.
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable law requires interest to be paid on such Miscellaneous
Proceeds, Lcndea shall not be required to pay Borrower any interest or earnings on such Miscellaneous
Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the
Miscellaneous Proceeds shall be applied w the sums secured by this Security instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
n the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taldng, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Under otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction,
or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,
destruction, or loss in value- Any balance shall be paid to Borrower.
In the event of a partial takitag, destruction, or loss in value of the Property in which the tair market
value of the Property immediatcly,befote the partial taldag, destruction, or loss in value is less than the
amount of the srmu secured immediately before the partial taping, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails
to respond to Lender within 30 days after the data the notice is given, Lender is authorized to collect and
apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or crimiml, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security histrument. Borrower can cure such a default and. if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim
for damages chat are atuibutablo to the impairment of Lender's interest in the Property arc hereby assigned
and shall be paid to Leader.
All Miscellaneous Proceeds that are not applied to restoration or Tepair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
0028617579
-6(Ott) tola> Pan 9 of is Form 3038 1/01
FROM :FIRST AMERICAN TITLE 200 08-30 10:37 #438 P.11/22
2002-33166
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lendcr shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the stuns secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of 'Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude tic
exercise of any right or remedy.
• 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Sccuriry Instrument but does not execute the Note (a "co-signer"): (a) is co-sighing this
Security Instrument only to mortgage, grant and convey the co-signer'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 can agree to extend, modify, forbear or make
any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security instrument shrill bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not lirrlited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
drat the interest or other loan charges collected or to be collected in connection with the Loan exceed the
pctmittcd 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 li taits
will be refunded to Borrower. Lender may choose to snake this refund by reducing the principal owed under
the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be
treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if seat by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
'.ender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a charge of address through that specified procedure. There may be
only one designated notice address under this Security. Imttument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by bender. If any notice required by
this Security Instrument is also required tinder Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
0028617579
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dft-A(ptt) (nR4) Pitt 10 ens Form 3038 1/01
FROM :FIRST AMERICAN TITLE 2008-30 10:37 #438 P.12/22
Z00Z-33355
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located- All rights and obligations
contained in this Security lnstrumcnt are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it night be silent, but
such silence shall not be construed as a prohibition against agreement by contract In the event that any,
provision or clause of this Security Instrument or the Note conflicts with Applicable Lew, 8ueb. conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words ur words of the feminine gender; (b) words in the singular shall moan and
include die plural and vice versa; and (c) the word "play" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the properly or a Beneficial Interest In Borrower. As used in this Section 18,
'Interest in the property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent. Lender play require immcdiatc payment in full of all sums secured by this Security Instrument-
However, this option shall not be exercised by Lender if such eurcise is prohibited by Applicable Law.
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 given in accordance with Section 15
within which Borrower must pay all suns 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.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of: (a) five days before sale of the Property pursuant to any power of We contained in this
Security htsuumcnt; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (e) entry of a judgment enforcing this Security Instrument. Those conditions arc that
Borrower: (a) pays Lender all auras which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants of agreements; (e) pays all
expenses incurred in enforcing this Security Instrument, including, but not limited to. reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instnrment; and (d) takes such action as Lender may
reasonably require w assure that Lender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement stuns and expenses in one or more of the following
forms, as selected by Lender: (a) cash; (b) money order; (c) certified.check. bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits arc insured by a federal
agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon .reinstatement by Borrower, this
Security instrument and 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 Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Nate or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments
due under the Note and this Security instrument and performs other mortgage. loan servicing obligations
under the Note, this Security Instrument, and Applicable Law- There also might be one or more changes of
the Loan Service unrelated to a sale of the Note. If there is a change of the Loan Services, Borrower will be
given written notice of the change which will state the name and address of the new Loan Servicer, the
address to which payments should be trade and any other information RBSPA requires in connection with a
0028617579
Mulcts:
® 6(OR) ~ma~ hpc 11 d u Form 3039 1101
FROM :FIRST AMERICAN TITLE 200 ,08-30 10:38 33438 P.13/22
2002-33165
notice of transfer of servicing. If the Note is sold and thereafter the ,Loan is serviced by a Loan Servicer other
than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the
Loan Serviccr or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser
uulcm otherwise provided by the Note purcbmcr.
Neither Borruwar nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other parry's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other parry (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph.. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section, IS shall be deemed to
satisfy the :notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental law and the
following substances: gasoline, kerosene, other flammablc or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Frivironmental Law; and (d) an "Environmental Condition".
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. 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 (including, but not limited to, hazardous substances in consumer products),
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private parry involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private parry, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
,Environmental Cleanup.
0028617579
-6(OR) (0104) PU¢ 12.f 15 Form 3038 1/01
FROM :FIRST AMERICAN TITLE 200 ,08-30 10:38 8438 P.14/22
• ZfD02-33163 W`
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows;
22. 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 Section 18 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 stuns 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 frill of
all sums secured by this Security Instrument without further demand and may invoke the power of
sate and any other remedies permitted by Applicable Law. Fender shall be entitled to collect all
expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited 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
notice 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.
23. Reconveyance. Upon payment of all sums secured by this Security instrument, Lender shall request
Trustee to reconnvey the Property and shall surrender this Security Instrument and all notes evidencing debt
secured by this Security Instruuunt to Trustee. Trustee shall roconvey the Property without warranty to the
person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may
charge such person or persons a fee for reeonveying the Property, but only if the fee is paid to a third parry
(such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law.
24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee
to any Trustee appointed hereunder. Without conveyance of the Properry, the successor trustee shall succeed
to all the title, power and dudes conferred upon Trustee herein and by Applicable Law,
23. Attorneys' Pees. As used in this Socurity Instrument and is the Note, attorneys' fees shall include
those awarded by an appellate court.
26. Protective Advances. This Security Instrument secures any advances Lender., at its discretion. may
make under Section 9 of this Security Instrument to protect Lender's interest in the Property and nights under
this Security Instrument,
27. Required Evidence of Property Insurance.
WARNING
Unless you provide 'us with evidence of the, insurance coverage as required by our contract
or loan agreement, we may purchase insurance at your expense to protect our interest. This
insurance may, but need not, also protect your interest. If the collateral becomes damaged, the
coverage we purchase may not pay any claim you make or any claim made against you. You may
later cancel this coverage by providing evidence that you have obtained property coverage
elsewhere.
0028617579
Initial,:
~6(Olta tu,oct rucDuf15 Form 3038 1/01
FROM :FIRST RMER I CRN TITLE • 2002,08-30 10:39 #438 P. 1S/22 •
20 2-3316'
You are responsible for the cost of,any insurance purchased by ua. The cost of this insurance
may be added to your contract or loan balance. If the cost is added to your contract, or loan
balance, the intcrest rate on the underlying contract or loan will apply to this added amount. The
effeadve date of coverage may be the date your prior coverage lapsed or the date you failed to
provide proof of coverage.
The coverage we purchase may be considerably more expensive than insurance you can
obtain on your own and may not satisfy any need for property damage coverage or any mandatory
liability insurance requirements imposed by Applicable Law.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it-
Witnesses:
(Seal)
t7M DAIKF.1 -Borrower
(Seal)
-Borrower
(Seal) (Seal)
Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
Borrower -Borrower
0038617579
®-6(OR) rotoq PW 14 of 15 Form 3039 1/01
FROM :FIRST AMERICAN TITLE 2002,08-30 10:39 #438 P.16/22
202-33165 _
STATE OF OREGON,- WASH11f13TON County ss:
On this y day of 414Ae~ ZW 2-- , personally appeared the above named
JIM DAIKH
and acknowledged the forogoing imtnlt m to be his4wfAheir voluntary act and deed.
My Commission Expires: Before me:
(Otflcm Seal)
Notary Public for Oregon `
OFFICIAL SEAL
tMELANIE GILL
NOTARY PUBLIC-OREGON
COMMISSION NO, 333006
MY COMMISSION EXPIRES APRIL 4, 2004
0028617574 InkWat
®6(O~ (DID$) PAP 15 of 1S Form 3038 1/01
FROM :FIRST AMERICAN TITLE 2002,08-30 10:39 #1438 P.17/22
0028617579
2002-33t6S
TO BE RECORDED WITH THE SECURITY INSTRUMEN'T'
LENDER: FIRST HORIZON HOME LOAN CORPORATION
BORROWER: JIM DAIxs
PROPERTY: 13102 SOP ST JAbWS LAMS
PORTLAND, OR 97228
RESIDENTIAL CONSTRUCTION LOAN ADDENDUM
INCLUDING SECURITY AGREEMENT TO THE DEED OF TRUST/MORTGAGE
THIS RESIDENTIAL CONSTRUCTION LOAN ADDENDUM shall be doomed to amend and
supplement the Deed of Trust/Mortgage, (the "Security Instrument") of the same date given by the undersigned
(the "Borrower") to secure Borrower's Note to Lender of the same date ("Note") and covering the Property
described in the Security Instrument ("Property"). If the Federal.Home Loan Mortgage Corporation or the Federal
National Mortgage Association buys all or some of the Lender's rights under the Security Instrument and Note,
the provisions and agreements in this Addendum will no longer have any force and effect.
AMENDED AND ADDITIONAL COVENANTS. in addition to the covenants and agreements made in
the Security Instrument, Borrower and Lender further covenant and agree as follows:
1. Residential Construction Loan Agreement. Borrower agrees to comply with the covenants and
conditions of the Residential Construction Loan Agreement ("Loan Agreement") between Borrower, Leader and
Contractor ("Contractor"), which is incorporated herein by this reference and made a part of this Security
Instrument. The Loan Agreement provides for the construction of certain Improvements ("Improvements") on
the Property. All. advances made by Lender pursuant to the Loon Agreement shall be an indebtedness of
Borrower secured by this Security Instrument as amended, and such. advances may be obligatory under the terms
of,the Loan Agreement. The Security Instrument secures the payment of all sums and the performance of all
covenants required by the Lender in the Loan Agreement. Upon the failure of Borrower to keep and perform all
the covenants, conditions and agreements of the Loan Agreement, the principal sum and all interest and other
charges provided .for in the loan documents and secured hereby shall, at the option of the Lender, become due and
payable.
2. Construction Loan Deed of TrustfMortgage. This Security Instrument is a "construction
mortgage" securing an obligation incurred for the construction of an improvement on the Property including the
acquisition cost of the Property, if any; and any notes issued in extension, renewal, or substitution thereof.
Borrower affirms, acknowledges and warrants that prior to the recordation of this Security Instrument, as amended,
in the Rcal Property Records of. the county or counties where the Property is located, no improvements
contemplated by the Loan Agreement have been constructed, no work has been performed, and no materials have
been ordered or delivered.
Page 1 of 5
RESIDENTIAL. CONSTRUCTION 'LOAN AODIENDUM ADDCONMI 9/97
TO TH'.9 DEED ON X1JST/MO'RTGAGE (Multistate) C116DS36 (5199)
FROM :FIRST AMERICAN TITLE 2002,08-30 10:39 #438 P.18/22
0028617579
2002-33 f
3. Future Advances. This Security Instrument shall secure in addition to the sum evidenced by
the Note all funds hereafter advanced by Lender to or for the benefit of Borrower, as contained in the Contract
and/or the Loan Agreement or for any other purpose. All future advances shall be made within the time limit
authorized by the laws of this state-
4. Disbursements to Protect Security. All sums disbursed. by Lender prior to completion of the
Improvements to protect the security of this Security Instrument, up to the principal amount of the Note and any
future advances, shall be treated as disbursements pursuant to the Loan Agreement. All such sums shall bear
interest from the date of disbursement at the rate stated in the Note, unless the collection from Borrower of interest
at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate
which may be collected from Borrower under applicable law and shall be payable upon notice from Lender to
Borrower requesting payment therefor.
5. Assignment of Rights or Claims. From time to time as Lender deems necessary to protect
Lender's interest,,Borrower shall, upon, request of Lender, execute, acknowledge before a notary, and deliver to
Lender, assignments of any and all rights or claims which relate to the construction on the Property.
6. Breach by Borrower, in case of breach by Borrower ofthe covenants and conditions of the Loan
Agreement, Lender, at Lender's option, with or without entry upon the Property, (a) may invoke any of the rights
or remedies provided in the Loan Agreement, or (b) may acceleratethe sums secured by this Security.Instrument
and invoke any of those remedies provided for iti this Security Instrument, or (c) may do both although failure to
exercise any of its rights and remedies at any one time does not constitute a waiver or modification of any
conditions, rights or remedies.
7. Termination of Loan Agreement upon Amortization. After the commencement of amortization
of the Note, the terms of the Loan Agreement (except to the extent Lender is indemnified therein) shall be null
and void, and there shall be no claim or defense arising out of or in connection with the Loan Agreement against
the obligations of the Note and this Security Instrument.
8. Property. The property covered by this Security Instrument includes the property described or
referred to in this Security Instrument, together with the following, all of which are referred to as the "Property".
The portion of the Property described below which constitutes real property is sometimes referred to as the "Real
Property". The portion of the Property which constitutes personal property is sometimes referred to as the
"Personal Property", listed as follows;
Any and all buildings, improvements (provided in the Loan Agreement or otherwise), and tenements now
or hereafter erected an the Property; any and all heretofore and hereafter vacated alleys and streets abutting the
Property, easements, rights, appurtenances, rents (subject however to any assignment of rents to Lender), leases,
royalties, mineral, oil and gas rights and profits, water, water rights and water stock appurtenant to the Property (to
the extent they are included in Borrower's fee simple title); any and all fixtures, machinery, equipment, building
materials, appliances, and goods of every nature whatsoever now or hereafter located in, or on, or used, or intended
to be used in connection with the Property and all replacements and accessions of them, including, but not limited
to those for the purpose of supplying or distributing beating, cooling, electricity, gas, water, air and light; security
and access control apparatus; plumbing and plumbing fixtures; refrigerating, cooking and laundry equipment; carpet,
floor coverings and interior and exterior window treatments; furniture and cabinets; interior and exterior sprinkler
plant and lawn maintenance equipment; fire prevention and extinguishing apparatus and equipment, water tanks,
swimming pool, compressor, vacuum cleaning system, disposal, dishwasher, range, and oven, any shrubbery and
Page 2 of 5
RBSIVENTIAL CONSTRUCTION LOAN ADDENDUM ADDCONM2 9/97
TO 'fRE OKED OF TRUSTIMORTGAGE (Multistate) CI16D537 (5/99)
FROM :FIRST AMERICAN TITLE 2002,08-30 10:40 #438 P.19/22
0028917579
2002-33163
landscaping; any and all plans and specifications for devolopmot of or construction of Improvements. upon the
property; any and all contracts and subcontracts relating to the Property; any and all accounts, contract rights,
instruments, documents, general intangibles, and chattel paper arising from or by virtue of any transactions related
to the Prnperty; any and all permits, licenses, franchises, certifications, and other rights and privileges obtained in
connection with.the Property; any and all. products and proceeds arising from or by virtue of the sale, lease, or other
disposition of any of the Property, any and all proceeds payable or to be payable under each policy of insurance
relating to the Property; any and all proceeds arising from the taking of all or part of the Property for any public
or quasi-public use under any law, or by right of eminent domain, or by private or other purchase in lieu thereof;
all building permits, certificates of occupancy, certificates of compliance, any right to use utilities of any kind
including water, sewage, drainage and any other utility rights, however arising whether private or public, present or
future, including any:eservation, permit, letter, certificate, license, order, contract or otherwise and any other permit,
letter, certificate, license, order, contract or other document or approval receivedfrom or issued by any governmental
entity, quasi-governmental entity common carrier, or public utility in any way relating to any part of the Property
or the Improvements, fixtures and equipment thereon; all other interests of every kind and character which
Borrower now has or at any time hereafter acquires in and to the Property, including all other items of property
and rights described elsewhere in this Security Instrument.
9. , Security Instrument and Financing Statement. This Security Instrument shall be a security
agreement granting Leader a fast and prior security interest in all of Borrower's right, title and interest in, to and
under the 'Personal Property, wader and within the meaning of applicable statues of this state, as well as a mortgage
granting a lien upon and against the Real Property. In the event of any foreclosure sale all of the Real and
Personal Propertymay, at the option of Lender, be sold as a whole or in any part. It shall not be necessary to have
present at the place of such sale the Personal Property or any part thereof. Lender shall have all the rights,
remedies and recourses with respect to the Personal property afforded to a "Secured Party" by the applicable
statutes of this state in addition to and not in limitation of the other right,; and recourse afforded Lender under this
Security instrument. Borrower shall, upon demand, pay to Lender the amount of any and all expenses, including
the fees and disbursements of Lender's legal counsel and of any experts and agents which Lender may incur in
connection with; (i) the making and/or administration of this Security Instrument; (ii) the custody, preservation,
use or operation of, or the sale of, collection. from, or other realization upon any property, real and/or personal,
described in this Security Instrument, (iii) the exercise or enforcement of any of the rights of Lender under this
Security Instrument; or (iv) the failure by Borrower to perform or observe any of the provisions or covenants in
this Security Instrument-
.Lender may, at its election, at any time after the delivery of this Security Instrument, sign one or more
copies of this Security ]Instrument in order that such copies may be used as a financing statement under the statues
of this state. Lender's signature need not be acknowledged, and is not necessary to the effectiveness hereof as a
mortgage, a security agreement, or (unless otherwise required by applicable )aw) a financing statement.
10. Completion. Lender shall not be responsible for the completion of the Improvements, and shall
not in any way be considered a guarantor or surety of performance by Borrower. In the event the Improvements
are not completed according to the plans and specifications approved by Lender, and it is determined for whatever
reason the Lender does not have a lien arising by or through Borrower, then Lender shall have a valid lien for its
loan amount, leas the amount reasonably necessary to complete the Improvements, or in such event Lender, at its
option, shall have the right to complete the Improvements, and the lien shall be valid for the loan amount.
Page 3 of 5
RESIDENTIAL CONSTRUCTION LOAN ADDENDUM ADDCONM3 9/97
TO THE DEB) OF TRUSTIMORTGAGE (Multistate) C'B6D539 (S199)
FROM :FIRST AMERICAN TITLE 2002,08-30 10:40 #438 P.20/22
• 0028617579
2®I~z-3sie3
it. Invalid Provisions. If any provision of this Security Instrument is declared invalid, illegal, or
unenforceable by a court of competent jurisdiction, then such invalid, illegal or unenforceable provision shall be
severed from this Security Instrument and thn remainder enforced as if such invalid, illegal or unenforceable
provision is not a part of this Security Instrument.
12. Address.
The name and address of the Borrower/Debtorduring construction of the Improvements is:
JIM DAIKE
8865 $14 DAVIES ROAD BEAVERTON, OR 9700a
The name and address of the Leader/Secured Party is:
FIRST HORIZON HOME LOAN CORPORATION
LMMINO CONSTRUCTION DEPT.
14643 DALLAS PRWY., SUITE 870
DALLAS, TX 75240
13. Other Provisions. The following notice is required by law:
IMPORTANT NOTICE: YOU ARE HEREBY NOTIFIED THAT ANY PERSON
PERFORMING LABOR ON YOUR PROPERTY OR FURNISHING MATERIALS FOR
THE CONSTRUCTION, REPAIR, OR IMPROVEMENT OF YOUR PROPERTY WILL
BE ENTITLED TO A LIEN AGAINST YOUR PROPERTY IF RE IS NOT PAID IN
FULL, EVEN THOUGH YOU MAY HAVE PAID THE FULL CON'T'RACT PRICE TO
YOUR CONTRACTOR. THIS COULD RESULT IN YOUR PAYING FOR LABOR AND
MATERIALS TWICE. THIS LIEN CAN BE ENFORCED BY THE SALE OF YOUR
PROPERTY. TO AVOID THIS RESULT, YOU MAY DEMAND FROM YOUR
CONTRACTOR LIEN WAIVERS FROM ALL PERSONS PERFORMING LABOR OR
FURNISHING MATERIALS FOR THE WORK ON YOUR PROPERTY. YOU MAY
WITHHOLD PAYMENT TO THE CONTRACTOR IN THE AMOUNT OF ANY UNPAID
CLAIMS FOR LABOR OR MATERIALS. YOU ALSO HAVE THE RIGHT TO
DEMAND FROM YOUR CONTRACTOR A COMPLETE LIST OF ALL LABORERS
AND MATERIAL SUPPLIERS UNDER YOUR CONTRACT, AND THE RIGHT TO
DETERMINE FROM THEM IF THEY HAVE BEEN PAID FOR LABOR PERFORMED
AND MATERIALS FURNISHED.
Page 4 of 5
RESIDENTIAL CONSTRUCTION LOAN ADDENDUM ADDCONM4 9/97
TO THE DEED OF TRUST/MORTGAGE (Multistate) CB611539 (5/99)
r
FROM :FIRST AMERICAN TITLE 2002.08-30 10:41 #438 P.21/22
• 0028617579
i 02-33165
By signing below, Borrower accepts and agrees to the terms and covenants contained in this Residential.
Construction Loan Addendum.
A4. (Seal)
JIX IRa BOrroWer
(Seal)
.Borrower
(Seal)
Rarmwer
(Seal)
-BartOWW
AWENTION COUNTY CLERK/CLERK OF THE COURT: This instrument covers goods that
are or are to become fixtures on the described Property herein and is to, be filed for record in the records where
mortgages on real estate are recorded. Additionally, this instrument should be appropriately indexed, not only as
a mortgage but as a financing statement covering goods that are or are to become fixtures on the described Property
heroin. The mailing address of the Borrower (Debtor) and Lender (Secured Party) are set forth in this instrument.
(Acknowledgment(s) Attached)
Page 5 of 5
RIESWENTA1. CONSIRUCDON WAN ADDENDUM ADDCONN15 9/97
TO TBE DEED OF Jy.UST/NIORTGAGE IAS,CInatc) CBf'DW (5N9)
FROM :FIRST AMERICAN TITLE 2002,08-30 10:41 #438 P.22/22
200-33163
STATE OF Oretron l
County of Washin on r ss.
This instrument was acknowledged before me on third day of
by
fihhviv /W,
Notary Public for Oregon
My commission expires:
OFFICIAL SEAL
MEANIE 61U.
CipjOTASY Mt,jjSSIaNI NO.333005
N EXPIRES APRIL 4, 2004
i •
Approval criteria:
a. The deck will not extend beyond 2' from the house. The
property line is 6' from the foundation of the house. The 2'
wide deck will meet the 3' minimum requirement for fire
safety.
b. There are no trees present
c. There will be a minimum of 4' walkway where the deck will
be constructed and the deck will be high enough so that it
will not obstruct easy access (see attached drawings).
d. There are no alternatives to achieve easy access to the deck
from the nook. If the deck is not permitted, the door in the
nook will have to be removed and sealed.
RECEIVED
AUG 3 0 2002
CITY OF TIGARD
PLANNING/ENGINEERING
CIO/ LO/ LCICIL 11. uu O7u40Uu 1 ILIA 1--- - .
LIi.IL• 44.04 pou32y3'+sz EXEC kEPORTING •
759 P'1p1121i3C•DAIk1~1DAlki1.61''E.grrg MJ9
•
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a c, 10501 sroNE
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r~N4 y' ~ 11 ~ „ 1 MAIN FLOOFJ:-
Ku C' F: CET`( ~ l o ~ ~
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GARAGE
j EL 497.10'
1 104 L' _ _ _
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c \ 13500 P.S.i.l ; 6 T 1
30 i N 89.54'03" E 915
S.W. ST. JAMES