VAR2006-00059
EXHIBIT
NOTICE OF TYPE I DECISION
ADJUSTMENT (VAR) 2006-00059 7-71
MI
KAMI FRONT YARD SETBACK ADJUSTMENT U0 /N\ M rt,~ j
I
120 DAYS = 9/14/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: MIKAMI FRONT YARD SETBACK ADJUSTMENT
CASE NO.: Adjustment (VAR) VAR2006-00059
PROPOSAL: The applicant proposes to reduce the dimensional standard for the front yard setback
of his property by 25 percent, from 20 feet to 15 feet, to allow for the construction of
a second- story front deck.
APPLICANT: Jamie Mkami
9955 SW 65t' Avenue
Portland, OR 97223
OWNER: Same as applicant.
LOCATION: 9955 SW 65th Avenue; WTCM 1S125DA, Tax Lot 00500.
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5: Low Density Residential District.
ZONING
DESIGNATION: R-4.5: Low Densi Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet, and duplexes, at a minimum lot size
lees and attached single-family units are permitted
of 10,000 square feet. Op'
conditionally. Some civic institutional uses are also permitted conditionally.
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, subject to the following condition. The findings and conclusions on which
the decision is based are noted in Section IV.
NOTICE OF TYPE I DECISION
VAR2006-00059 MIKAMI FRONT YARD SETBACK ADJUSTMENT PAGE 1 OF 3
CONDITION OF APPROVAL
1. This approval is valid for the second-story front deck only. There shall be no setback reduction for
the garage.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The subject prope is located at 9955 SW 65`' Avenue, south of Taylors Ferry Road and north of Walnut
Terrace. The lot isrty 7,955 square feet (approximately 0.18 acres) and the dwelling's building coverage area is
2,095 square feet. The applicant proposes to reduce the dimensional standard for the front yard setback of
his property by 25 percent to all ow for the construction of a second-story front deck.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Tigard Development Code Section 18.370 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 requests a reduction of the dimensional standard for the front yard setback by 25 percent,
from 20 feet to 15 feet, which is the maximum allowed under the code.
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 requests a reduction of dimensional standard for the front yard setback by 25 percent to
construct a front deck that is 6' 4" in width and 35' in length, which would allow space for chairs and
movement. A reduction of the front setback by 5 feet is the least required to achieve the desired effect.
The Adjustment will result in the preservation of trees, if trees are present in the development
area;
No trees would be removed as a result of the proposed adjustment.
The Adjustment will not impede adequate emergency access to the site;
The proposed 2nd story deck has been raised to allow for more clearance than the existing garage door
header. Support beams and posts will not block the driveway or access path, as they have been expanded
to 25 feet to allow for full access to the garage and front door. The proposed adjustment will not impede
emergency access to the site.
NOTICE OF TYPE I DEQSION
VAR2006-00059 MMAMI FRONT YARD SETBACK ADJUSTMENT PAGE 2 OF 3
There is not a reasonable alternative to the Adjustment which achieves the desired effect.
The applicant desires to construct a front deck. The possibility of a side deck has been considered as an
alternative option, but the applicant concluded it would not suit the architectural style of the house.
Therefore, there is no reasonable alternative which achieves the desired effect of a functional deck and a
balanced look for the house.
FINDING: Based on the analysis above, the adjustment criteria have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
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 MAY 18, 2006
AND BE COME S E FFE CI'IVE ON MAY 1% 2006
Questions:
If you have any questions, please contact Emil Eng at (503) 718-2712 or stop by the Planning office at
the Tigard Permit Center, 13125 SW Hall Blvd, %ard, OR 97223.
May 18, 2006
PRO E ng ATE
Assistant Planner
NOTICE OF TYPE I DECISION
VAR2006-00059 M KAMI FRONT YARD SETBACK ADJUSTMENT PAGE 3 OF 3
CITY of TIGARD
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ALFR ALFRED S• Tigard, 97223
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Community Development Plot date: May 18, 2006; C:\magic\MAGIC03.APR
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For only the work as described Irv:
PERMIT NO.
Building Coverage Area 2095 sf See Letter to: Follorr✓_ [ I
Lot Area 7,955 sf Attach ............r...... [ , M i ka m i Addition Site/Plot Plan
Percentage of Coverage 26% Job Address: /
Impervious Area 2460 sf , 9955 5W 65th Ave. 1 s125 DA J J500
NO NEW COVERAGE AREA i By' Date: _l.l Z~ I Portland, OR 97219
503.452.0312
EXISTING VEGETATION TO REMAIN
EXISTING HOUSE BUILT: 1979
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AFFIDAVIT OF MAILING
r-TU1 zD
I, Patricia L. Lunsford, being first di4ysworn/affirm, on oath depose and say that I am a Senior Administrative Specialist
for the City of Tigard, Washington County, Oregon and that I served the following:
{C7rck Appoprive Baas) &kw} '
D NOTICE OF DEQSION FOR
VAR2006-00059/MIKAMI SETBACK ADJUSTMENT
(File NoJIIL re Refee )
AMENDEDNOTICE
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit "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
May 18, 2006, and deposited in the United States Mail on Mav 18, 2006, postage prepaid.
l d7~J
(Pelson thaiMrepaA Non
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the day of '2006.
OFFICIAL. SEAL
DIANE hd JELDERKS
NOTARY PUBLIC-OREGON
COMMISSION NO. 373021
MY COMMISSION EXPIRES SEPT. 25, 2007
NOTARY PUBLIC REGO
My Commission Exp s: o1.~b
ADJUSTMENT ~EDD
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard; OR 97223 (503) 639-4171 FAX: (503)(684'-7'297~2'A-Q
c~ r,v~llt
GENERAL INFORMATION n
Property Address/Location(s): -4
lq
FOR STAFF USE ONLY
Tax Map & Tax Lot #(s): C, I a5 b a
Site Size: r" 5(-- Case No.: V A12- AL - M s-q
Applicant*: Other Case No.(s):
Address: 11 s f S --J Gs
IZ t 4~a i ti Receipt No.: 4M to
City/State: Zi
'I'6 p:
Primary Contact: ~e !m !Its. + Application Accepted By: S-?)(-~
Phone: 3-d~ 3°I 7 c3 Fax: Date: 6'11d40&
Property OOwer/DQed Holder(s)*: (Attach list if more than one) Date Determined To Be Complete:
" &
Address: Phone:
City/State: Zip:
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) must sign this application in the space provided on the Rev. 8126/04 is\curpln\masters\revised\adjustment•t.doc
back of this form-or submit a written authorization with this
application.
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an REQUIRED SUBMITTAL ELEMENTS
Administrative Adjustment to the following provision(s) of the
Community Development Code (please circle one only):
>Development Adjustment - Front Yard, Interior Setbacks and Lot Coverage ✓ Application Elements Submitted:
>Special Adjustments: pplic tion Form
• Adjustments to a Subdivision
Reduction of Minimum Residential Density ner's Signature/Written Authorization
♦ Landscaping Adjustments - Existing/New Street Trees
♦ Parking Adjustments - Reduction in Stacking Lane Length Title Transfer Instrument or Deed
♦ Parking Adjustments;- Reduction in Minimum Parking for Transit Improvements/Existing [Site/Plot Plan (2 copies)
Dev.
Setback Adjustments - Setbacks to Reduce Tree Removal Site/Plot Plan (reduced 81/? "x 11°)
♦ Wireless Communication Facility Adjustments - Distance From Another Tower
Washington Square Reg. Center Density AdjustmentsL--Hpplicant's Statement
(A dressing Criteria Under Section 18.370.020)
Please state the reason for the Adjustment request: 5-ct W- 1-6ed Filing Fee
s o-\ 'IN -to add a F/o-1'F d y- i 'fo thy Jurisdiction: City ❑ Urb
Vb Js~ -I-l~~ t eX~T ri~5 r ~'Po I•t~ F~d~f SefG~
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 d day ofy , 20-0-
A plic Authorized Agent Signature er's Signature
Owner's Signature Owner's Signature
CITY OF TIGARD 5/12/2006
a 13125 SW Hall Blvd. 12:04:55PM
Tigard, Oregon 97223
(503) 639-4171
s
Receipt 27200600000000002180 -
Date: 05/12/2006
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2006-00059 [LANDUS] Development Adjust 100-0000-438000 224.00
VAR2006-00059 [LRPF] LR Planning Surcharge 100-0000-438050 33.00
Line Item Total: $257.00
Payments: i
Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid
Check JAMIE L. MIKAMI ST 2683 In Person 257.00
Payment Total: $257.00
cReceipt.rpt Page 1 of 1
First American Title Insurance Company of Oregon
222 SW Columbia Street, Suite 400
d Portland, OR 97201
First American Phn - (503) 222-3651
Fax - (503) 790-7858
O
& APPROVE,
Debra Johnson, Title Offi r„sy
Toll Free: (800) 929-3651'
Direct: (503) 790-7869
Email: dejohnson@firstam.com
First American Title Insurance Company of Oregon Order No.: 7011-670542
200 SW Market St, Ste 150 September 07, 2005
Portland, OR 97201
Attn: Shelley Black
Phone No.: (503) 790-7890 - Fax No.: (503) 790-7891
Email: slblack@firstam.com
Preliminary Title Report
ALTA Owners Standard Coverage Liability $ Premium $
ALTA Owners Extended Coverage Liability $ Premium $
ALTA Lenders Extended Coverage Liability $ 12,500.00 Premium $ 50.00
ALTA Lenders Extended Coverage Liability $ 187,500.00 Premium $ 917.00
Endorsement 100, 116 & 8.1 Premium $ 50.00
DD
Govt Service Charge Cost $ 50.00
Other Cost $
We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring
title to the following described land:
The land referred to in this report is described in Exhibit A attached hereto.
and as of August 30, 2005 at 8:00 a.m., title vested in:
Jamie L. Mikami
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
1. Taxes for the fiscal year 2005-2006 a lien due, but not yet payable.
2. City liens, if any, of the City of Tigard.
Note: There are no liens as of September 7, 2005. All outstanding utility and user fees are not
liens and therefore are excluded from coverage.
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a
title insurance policy and shall become void unless a policy is issued, and the full premium paid.
Preliminary Report Order No.: 7011-670542
Page 2 of 5
3. These premises are within the boundaries of the Tualatin Valley Water District and are subject to
the levies and assessments thereof.
4. Statutory powers and assessments of Clean Water Services.
5. The rights of the public in and to that portion of the premises herein described lying within the
limits of streets, roads and highways.
6. Deed of Trust and the terms and conditions thereof.
Loan No.: 000131386941104
Grantor/Trustor: Jamie L. Mikami, an unmarried man
Grantee/Beneficiary: Mortgage Electronic Registration Systems, Inc., "MERS" solely as
a nominee for Countrywide Home Loans, Inc., a Corporation, its
successors and assigns
Trustee: Chicago Title Insurance Company
Amount: $127,000.00
Dated: October 03, 2001
Recorded: October 10, 2001
Recording Information: 2001 103323
7. Line of Credit Trust Deed, including the terms and provisions thereof, given to secure an
indebtedness of up to $12,875.00
Grantor: Jamie L. Mikami, an unmarried man
Beneficiary: Countrywide Home Loans, Inc.
Trustee: Chicago Title Insurance Company
Dated: October 03, 2001
Recorded: October 10, 2001
Recording Information: 2001 103324
8. The following pertain to Lender's Extended Coverage only:
a. Parties in possession, or claiming to be in possession, other than the vestees shown
herein.
b. Statutory liens for labor and/or materials, including liens for contributions due to the
State of Oregon for employment compensation and for workman's compensation, or any
rights thereto, where no notice of such liens or rights appears of record.
- END OF EXCEPTIONS -
NOTE: We find no judgments against the vestee herein, unless shown as a numbered exception above.
NOTE: Taxes for the year 2004-2005 PAID IN FULL
Tax Amount: $1,980.43
Map No.: . 1S125DA-00500
Property ID: R229871
Tax Code No.: 023.81
NOTE: According to the public record, the following deed(s) affecting the property herein described have
been recorded within 12 months of the effective date of this report: NONE
first American Title
Preliminary Report Order No.: 7011-670542
Page 3 of 5
NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon,
imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within
Washington County.
Certain conveyances may be exempt from said ordinance, in which case, Washington County will require
a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are
recorded (including situations to meet lender requirements) either the transfer tax must be paid or
affidavit acceptable to the County must be filed.
Situs Address as disclosed on Washington County Tax Roll:
9955 SW 65th Avenue, Portland, OR 97219
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
RECORDING INFORMATION
Filing Address: Washington County
155 North 1st Avenue
Hillsboro, OR 97124-3087
Recording Fees: $ 5.00 per page
$ 6.00 per document (Public Land Corner Preservation Fund)
$ 11.00 per document (OLIS assessment & Taxation Fee)
$ 5.00 for each additional document title
$ 20.00 non-standard fee
First American Title
Preliminary Report Order No.: 7011-670542
Page 4 of 5
y All R~r,
z First American Title Insurance Company of Oregon
r~
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY (10/17/92)
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (li) the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or
the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy;
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land, has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an Insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this polity insures the priority of the lien of the Insured mortgage over any statutory lien
for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of
policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the Insured mortgage.
4. Unenforceability of the lien of the Insured mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner
of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land Is situated.
S. Invalidity or unenforceabllity of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and Is based
upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage)
arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and Is not financed in whole or In part by
proceeds of the Indebtedness secured by the Insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state
Insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
ALTA OWNER'S POLICY (10/17/92)
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or
the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
SCHEDULE OF STANDARD EXCEPTIONS
The ALTA standard policy form will contain in Schedule B the following standard exceptions to coverage:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records; proceeding by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or
by the public records.
2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of
persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records, unpatented mining claims; reservations or exceptions in patents or In Acts
authorizing the issuance thereof; water rights, claims or title to water.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records,
5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose.
NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST TI 149 Rev, 5-99
First American Title
Preliminary Report Order No.: 7011-670542
Page 5 of 5
Exhibit "A"
Real property in the County of Washington, State of Oregon, described as follows:
The Easterly one-half of the following described property, as cut off by a line drawn parallel with the East
line thereof:
Beginning at the Northeast corner of the Southeast quarter of Section 25, Township 1 South, Range 1
West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon;
thence South 397.5 feet along the East line of said Section 25, to a 5/8 inch iron rod at the true point of
beginning of the tract herein described; thence continuing South 52.5 feet, along the East line of said
Section 25, to an old 2 inch pipe; thence North 89048' West 300 feet to an old 2 inch iron pipe; thence
North 52.5 feet on a line parallel with the East line of said Section 2S, to a 5/8 inch iron rod; thence
South 89048' East 300 feet to the true point of beginning.
Tax Parcel Number: R229871
First American Title
After Recording Please Return To:
LOANCITY
5671 SANTA TERESA BOULEVARD, SUITE 100
SAN JOSE, CA 95123
Until a change is requested all tax statements shall be
sent to the following address:
[Space Above This Line For Recording Data]
MIKAMI
Loan#: 1001848488
PIN 8229871
MIN:100058310000621435
DEED OF TRUST
"Mortgage Electronic Registration Systems, Inc, (MFRS) is the Grantee of this Security Instrument"
DEFINITIONS
Words used in multiple sections of this document are defined below and other words 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 in Section 16.
(A) "Security Instrument" means this document, which is dated SEPTEMBER 16, 2005 together with all
Riders to this document.
(B) "Borrower" is JAMIE L. MIKAMI. Borrower is the trustor under this Security Instrument.
(C) "Lender" is LOANCITY , A CALIFORNIA CORPORATION. Lender is a CORPORATION organized and
existing under the laws of CA. Lender's address is 5671 SANTA TERESA BOULEVARD, SUITE 100 SAN
JOSE, CA 95123.
(D) "Trustee" is FIRST AMERICAN TITLE.
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely
as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number
of P.O. Box 2026, Flint, M148501-2026, tel. (838) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 16, 2005. The Note states
that Borrower owes Lender ONE HUNDRED NINETY-EIGHT THOUSAND SEVEN HUNDRED FIFTY AND
0 0 / 10 0 Dollars (U.S. $198, 750. 00) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than OCTOBER 1, 2020.
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(H) "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.
(1) "Riders" means all Riders to this Security Instrument that are executed by Borrower, The following Riders are
to be executed by Borrower [check box as applicable]:
O Adjustable Rate Rider 0 Condominium Rider O Second Home Rider
O Balloon Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider
0 1-4 Family Rider O Otlher(s) [specify]
(J) "Applicable Law" means 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.
(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Bon-ower or the Property by a condominium association, homeowners association or similar
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organization.
(L) "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.
(M) "Escrow Items" means those items that are described in Section 3.
(N) "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: (ii) condemnation or other talt.ing of all or any part of the Property; (iii) conveyance in
lieu of condenulation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(P) "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.
(Q) "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 to a "federally related
mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
(R) "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 THE PROPERTY
The beneficiary of this Security Instrument is HERS (solely as nominee for Lender and Lender's successors and
assigns) and the successors and assigns of MFRS. This Security Instrument secures to Lender: (i) the repayment of
the Loan, and all renewals, extensions and modifi cations of the Note; and (ii) the performance of Borrower's
covenants and agreements under this 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
(Type of Recording Jurisdiction) of WASHINGTON (Name of Recording Jurisdiction):
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of 9955 SW 65TH AVENUE, PORTLAND, OR 97219 ("Property Address").
TOGETHER WITH all the improvements noNv 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 understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's
successors and assigns) has the right: to exercise any or all of those interests, including, but no limited to, the right to
foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and
canceling this Security Instrument.
BORROWER COVENANTS 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 SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
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shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and
late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments
due under the Note and this Security Instrument shall be made in U.S. 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,
Lender 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) certified check, 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, or 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 Lender 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 in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its scheduled due 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) amounts 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 be 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 the 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 under 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 lien 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 sums payable by
Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of
Section 10. These 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 shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds 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 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 furnish to Lender receipts evidencing
such payment within such time period as Lender may 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 plisse "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow
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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 are then required under (his Section 3.
Lender may, at any time, 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 Funds 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 RESPA, 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 required by RESPA, and Borrower shall pay to Lender the amount necessary to
make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency
of Funds held in escrow, as defined under RE-SPA, 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 RESPA, but in no
more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charles; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to
the Property which can attain priority over this Security Instrument, leaseliold 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 titre 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) contests 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 Lender 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 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.
Lender 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 insurance. 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 term 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 one-time
charge for flood zone determination and certification services and subsequent charges each time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shall also be
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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 purchase 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
fon11 of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name 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 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 disburse proceeds for the repairs and
restoration in a single payment 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 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 sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If 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 amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund
of unearned 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. Occupancy. 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, lWaintenance 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 conden111ation proceeds are paid in connection with damage to, or the taking
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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.
Lender 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 on the Property. Lender shall give Borrower notice at the
time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan 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) in connection with the Loan. Material representations include, but are not limited to,
representations concerning 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 Instrument. 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 Lender'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 Secw•ity 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 rights 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 attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument,
including its secured position in a ban4uptcy 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 shall comply with all the provisions of the lease.
Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground
lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground 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.
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 make 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 when 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 (iii 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. If 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,
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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 entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan 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 party (or parties) to these agreements.
These agreements may require the mortgage insurer to slake 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
(lie 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 termed
"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 Loan. Such agreements will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 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 Mortgage
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,
Lender 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 to 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.
In 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 taking, 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 Lender 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 taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured inlnnediately before the partial taking*, 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
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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 date 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 criminal, 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 Instrument. 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 that are
attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair 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 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. Lender shall not be required to commence proceedings against any Successor in Interest of
Borrower or to refuse to extend tine 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 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 the 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
Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing 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 shall 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 limited 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 hnstrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so 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 (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
OREGON -Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUI LENT
346 (8 of 13 pages) Form 3038 1/01
1001848488
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 Burrower 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 sent 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 Lender of Borrower's change of address. If Lender
specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of
address through that specified procedure. There may be only one designated notice address under this Security
Instrument 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
Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable
Law requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Lan; 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 Instrument 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 might 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 Law, such 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 or words of the feminine gender; (b) words in the singular shall mean and include the
plural and vice versa; and (c) the word "may" 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 Property 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, uticluding, 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 may require inmiediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise 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 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.
19. BorroNser'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 sale contained in this Security Instrument; (b) such
other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a
judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums 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 or agreements; (c) 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 Instrument; and
(d) takes such action as Lender may reasonably require to 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 sums 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 are insured by a
OREGON -Single Family-Fannie I1:Iue/Freddie Mac UNIFORM INSTRUMENT
346 (4 of l3 pnges) Form 1038 1101
]001848488
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 Note 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 Servicer unrelated
to a sale of the Note. If there is a change of the Loan Servicer, 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 made and
any other information RESPA requires in connection with a 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 Servicer or be transferred to a successor Loan Servicer and are
not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower 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 party'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 party (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 alter 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 18 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 flammable 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 Environmental 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 party 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
party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
Borrower shall promptly take all necessary remmedial actions in accordance with Environmental Law. Nothing herein
shall create any obligation on Lender for an Environmental Cleanup.
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
ORECON -Single Family-Fannie Mae/Freddie Mue UNIFORM INSTRUMENT
346(10 aj•l3 pages) Form 3038 7101
1601848488
I
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 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 tl►e 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 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 shalt 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 reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured
by this Security Instrument to Trustee. Trustee shall reconvey 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 reconveying the Property, but only if the fee is paid to a third party (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 Property, the successor trustee shall succeed to all the
title, power and duties conferred upon Trustee herein and by Applicable Law,
25. Attorneys' Fees. As used in tliis Security Instrument and in 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 rights 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.
You are responsible for the cost of any insurance purchased by us. 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 interest rate on the underlying contract or loan will apply to this added amount.
ORCCON -Single Family-Fannie I\Iae/Freddie Mae UNIFORDI INSTRUMENT
346 ('11 of'13 pages) Form 3038 1/01
1001848488
The effective 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.
oREcoN -Single Family-Fannie Mae/Freddie Mae UNIFORl11 INSTRU&IENT
Asa? 346 02 aJ'13 pages) Form 3038 1/01
1001848488
BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security
I turn t and in any Rider executed by Borrower and recorded with it,
r..
BORROWER - JAMIE L. MIKAMI - DATE -
[Space Below This Line For Acknowledgment]
STATE OF
COUNTY OF
On this day of personally appeared the above named
and acknowledged the foregoing instrument to be his/her/their voluntary act and deed.
(Official Seal)
Notary Public For Oregon
My Commission Expires:
OREGON -Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
346 (13 aJ'13 pages) Farm 3038 1/01
0 0
To: City of Tigard: RE Setback Adjustment
From: Jamie Mikami
9955 SW 65th Ave
Portland, OR 97219
1 am requesting an adjustment to my setback based on code 18.370.020. B. 1.a; a 25% reduction
based on my current 20' front setback for a R4.5 base zone. This adjustment will be used to
place a 6'4" wide deck that extends 5' into the current setback and is attached to a newly created
2nd story family room as part of permit MST 2006-00003.
1 have made adjustments to my plans for this deck to follow code 18.370.020.B.2; specifically:
A) In order to have a deck attached to our family room we need a minimal functional width to
allow for chairs; sitting and a walking path around any items placed on the deck. This requires
that the deck be the full 6'4" width. A side deck would not have the same architectural look on
the house, so a 6'4" front deck is the only option available for the desired effect.
B) There will be no movement of any trees to add this deck.
C) The deck is raised to allow for more clearance than the current garage door header and the
support beam and posts for the deck have been expanded to 25' to allow for full access to both
the garage and the walkway to the front door without any posts blocking the path. Emergency
access has not been decreased to any exits of the house; and in fact expanded access by
allowing for a large escape through the new patio doors which connect to the front deck.
D) As stated in point A, the only other option was a side deck off the family room; but that would
completely change the look of the house and defeat the goal of a balanced look to the house. A
front deck creates a much better architectural look for the house as well as increasing the value.
Thank you
Jamie Mikami (home owner and applicant)
(503) 490-3970
9955 SW 65th Ave
P d, OR 97219
Building Coverage Area 5 sf .
Lot Area 55sf Mikami A~~fflon Site/Plot Ply
a r
Percentage of Coverage 26/o
Impervious Area 2460 sf 9955 SW 65th Ave. I S125 DA ✓ ✓ 5 0O
NO NEW COVERAGE AREA Portland, OR 97219
503.452.0312
EXISTING VEGETATION TO REMAIN
EXISTING HOUSE BUILT: 1979
DRAINAGE TO EXISTING SYSTEM
EROSION CONTROL: SILT FENCE
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