ARU2010-00002 AFFIDAVIT OF MAILING
I, Patricia L.Lunsford,being fust duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of
Tigard, Washington County,Oregon and that I served the following:
0 NOTICE OF DECISION FOR
ARU2010-00002/MURPHY ACCESSORY RESIDENTIAL UNIT
(F&No/N.R&.,)
AMENDEDNOTI(E
® 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 pan hereof,on
November 19,2010and deposite i the United States Mail on November 19,2010,postage prepaid.
(Pers( t re are ouce�
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and swom/affirmed before me on the day of JU u 2 20k6
OFFICIAL SEAL
SHIRLEY L TREAT
NOTARY PUBLIC•.416M
COMMISSION NO �Nl Aui-�/ IMl
MY COMMISSION EXPIRES APRIL 2S,2011
NOTARY PUBLAC OF OREGO
My Commission Expires: a5- 1
NOTICE OF TYPE I DECISION
ACCESSORY RESIDENTIAL UNIT (ARU) 2010-00002 4
MURPHY ACCESSORY RESIDENTIAL UNIT
120 DAYS = 03/19/11
SECTION I. APPLICATION SUMMARY
FILE NAME: MURPHY ACCESSORY RESIDENTIAL UNIT
CASE NO.: Accessory Residential Unit(ARU) ARU2010-00002
PROPOSAL: The applicant is proposing to convert existing living space into a 795 square foot
accessory residential unit (ARU).
APPLICANT: Paul and Jeanine Murphy
13350 SW Hillshire Drive
Tigard, Or 97223
OWNER Paul and Jeanine Murphy
13350 SW Hillshire Drive
Tigard, Or 97223
LOCATION: 13350 SW Hillshire Drive;WCTM 2S104CA,Tax Lot 06600.
COMPREHENSIVE
PLAN
DESIGNATION: R-7 Medium-Density Residential-
ZONING
DESIGNATION: R-7 Medium-Density Residential 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. Mobile home parks
and subdivisions are also permitted outright. Some civic and institutional uses
are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.710.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in Section W.
ARU2010-00002 Murphy Accessory Dwelling Unit Decision 111910 Page 1
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel is located on a residential street south of Walnut Street and south of 135`" Avenue
and Westndge Terrace in the Hillshire Subdivision. The site is surrounded by detached single-family
development. The home has been previously partially remodeled to convert the lower level into living
space. This application will require further remodeling to reduce the area to 795 sq. ft. and to move
plumbing fixtures and door openings.
Proposal Description:
The applicant is proposing to convert existing living space into a 795 square foot accessory residential
unit (ARIL). Per the submitted plans, the area contains a living room, dining room, bedroom, kitchen,
and bathroom,which meets the definition of dwelling as defined by the Tigard Development Code.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
ACCESSORY RESIDENTIAL UNITS-APPROVAL STANDARDS: Section 18.710.020 contains
the following standards for approval of an Accessory Residential Unit request:
Section 18.710.020 - Approval Criteria states that an accessory residential unit is permitted
providing there is compliance with all of the following standards:
An accesso.y residential unit may be created within or as an addition to a detached single-
family dwelling. For the purposes of this chapter, "addition" means the sharing of a common
wall with the primary residence. A garage may not be converted to an accessory residential
unit unless it is rebuilt as part of the primary structure;
According to the submitted plans, the accessory dwelling unit is incorporated into the footprint of the
single-family residence. Therefore, this standard has been met.
An accessory residential unit may not exceed 50% of the size of the primary unit, up to a
maximum of 800 square feet;
The proposed accessory residential unit is 795 square feet. The single-family residence is approximately
3,576 square feet. The conversion does not exceed 50% of the size of the primary residence nor does it
exceed the 800 square feet maximum for an accessory unit. Therefore, this standard has been met.
The number of residents permitted to inhabit the accessory residential unit is regulated by the
Uniform Building Code;
The applicantsplan on no more than a maximum of four tenants. In the event that the number of
residents exceeds that which is allowed by the Building Code, the Housing Inspector will be notified,
and the condition will be corrected.Therefore, this standard has been met.
Either the primary or accessory residential unit must be owner-occupied;
The applicants have stated that they will occupy the primary residence. Therefore, this standard is met.
A primary residence in which an accessory residential unit has been created may have only one
home occupation.
A review of City records shows only one application for a home occupation permit is on file at this
time. Therefore, this standard has been met.
ARU2010-00002 Murphy Accessory Dwelling Unit Decision 111910 Page 2
In addition to the number of parking spaces required for the primary residence, as established
in Chapter 18.765, one parking space shall be provided for the accessory residential unit. This
parking space shall be paved and/or covered;
The primary residence is required to have one parking space. The accessory residential unit is also
required to have one parking space. The applicant's plan shows a two car driveway capable of
providing two parking spaces. If another space is to be provided for a tenant, the parking space will be
paved. Therefore, this standard is satisfied.
The front door of the accessory residential unit shall not be located on the front fagade of the
primary unit unless the door already exists.
The front fagade and door of the primary dwelling faces west and the plans show the accessory unit
entrance facing east.Therefore, this standard has been met.
There shall be compliance with all development standards established in the base zone.
According to the site plan, the residence meets all of the applicable setbacks of the R-7 zoning district.
No changes are proposed to the site or exterior of the existing structure.
FINDING: Based on the analysis above, Staff fords that the Accessory Residential Unit standards
have been satisfied.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
Z Affected government agencies
Final Decision:
An Accessory Residential Unit 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 NOVEMBER 19, 2010
AND BECOMES EFFECTIVE ON NOVEMBER 20, 2010.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard,Tigard, Oregon at (503) 639-4171.
4
", *L? November 19, 2010
PREPARED BY: Darrel" p" Watkins DATE
Associate Planner
503-718-2440
hapQtieard-or.gov
ARU2010-00002 Murphy Accessory Dwelling Unit Decision 111910 Page 3
tJ3&h ! ' VICINITY MAP
j pi
ARU2010-00002
o Lv
9c MURPHY ACCESSORY
m I RESIDENTIAL UNIT
LAUREN LN
l
SECp o
MICHELLE CT Subject Site
I N
r�
WESTR'DGE TER a 4 n9
J Zq(1C.0 99141
d O�
rQMAlljgy�N 10 o z
Fa tiv z-
w
w
�ENNq C ' BenrMiew l�7
Estates
Open Spare f
m
D 9•
19A� AC
G� Intormalson m mia map Is low genal locapon
L only anE choula be varlgsa with the
CG�
Z Development son,mas Dlvivlon.
9L Ppprox.Scale L4,000-1 In=333 It
P
Map pnmeo at 03:21 PM On 13Nov-IO
1MFES NO IMXRAN RFRONFPRESE`NTAMN OR'THE
EAS TO THE
fAMEm]CCURNCY,TNELNFSS OR COFdlERNESS OF ANY OF
V ME DATA PRONOEO HEREM.THE QNY OF TIOARO SHALL ASSWE NO
ISARRI FOR ANY EFFOR CMIS&ONS.OR INACCURACIES IN THE
INFORNA.PRONOEO RENAR04ESS OFMIN/CPUSEO.
.•''C�� Morningftar Opp eep [ City 0 TreanJ -- -
SWHRUBW
Feet ^ il(rSQDueP) 1TigyT1639417123
0 500 ',,11��11 5Swx0aO.UBarEor.gov s
RECEDVEO
NOV, 1 7 2010
CITY ter, TIGARD
i rEJl1J a.0 X 9/0 9.11 ��\ I
e
i
r1 SY
\
ISOLMER
(VS/0 x 4/0 SL. (FOSE4l CIF IASNEW
TO 8 CIFY FPLC !
GABMET 91 5 q "� 17 _
44/10 X 13_/0 �
•' �_ . �' t�r7 13S I 130 -I-i
CLOD r
I I I I I I IZ
a ts43,47 F $v'F I m
x n •ryas
all
w BEDeRI`1 gln BDAr�°° �y $r$o� � CITY OF TIGARD
.�
-137670-11/4----- 150,35- Su'FCL9g,^�.
Approved_.__.._--i-•-•-•--•--------....•_..[ " 1
)UP 14R 5Mafn`t•✓r ;' s/k1 Y "xtditionallyApprdved.................... IV]
F jr only the w rk as describe In:
Y 2AIZ—
F c9MIT NO.
m S.D. Sec. Letter to: Follow._.....................( j
1�O O _ Attach.._
!El _ •. . �•
.;c'- adds s:
'- [ 1
`, - -- Date:�/ 1-7142
MECHANICAL 3-8"
' �Io✓i!s G.-Lr>f:6 f� /lir .
� - •�D-�-�..\ ¢�,�� Sri �-,
17gS; Z5-`� F
I I
FLOOR LINE ABOVE
L FLOOR T.AVE ABOVE
I [�
MURPHY,PAUL
EXHIBIT4
MURPHY,PAUL B&JEANINE
13350 SW HILLSHIRE DR
TIGARD,OR 97223
• a
RECEIVED.
City of Tigard NOV, 17 2010
° Accessory Residential CITY OF'TIGARD
PLMMJNIGIENGINEERING
-Type I Application
GENERAL INFORMATION
_ o
Property Address/Locadon:
! � ^ / / ° FOR STAFF USE ONLY
Tax Map&Tax Lot#(s): 7 S I0� A CA — Q L A n D
. - Case,No.(s):. 2�t ?:O(O� QOOOZ
�7 Other Case No.(s): - !J I � '
Site Size:' e I o.1• • h I Receipt No.: /10 r y S 7 -
Property Owner/Deed Holder(s)*',�C�-7�\�%V`8 � \Atw.1 ��'b.f 2V1..Vc Application Accepted By: K P
^Address)-4--�SO SL,3 Df. 'Phone: 503-5-ICA Date:
city: �i �LtY� f tvT `z�inp: C17LZ3 „
Applicant*: �G ' \/`y ` V4'Al i Y'/vw� Date Detem tgd,To B C mple
Address: Phone: rmU4,J1 �.--�---
Co Plan/Zone Design tion:
Cary: Zip:, gQ—y,
* When the owner and the applicant are different people, the applicant must be Rev.7/1/10
the purchaser.. of record or a lessee in possession with.writtenauthorization "\'"ml"\muted\land'use app6ations\accessory midenual pp d.
from the owner or an agent: of the owner. The owner(s) must sign this
applicatiop in the space provided on the back of this form or submit a written '
authorizatiomwith this application.
REQUIRED SUBMITTAL ELEMENTS
PROPOSAL SUMMARY
✓ Application Elements Submitted:
The owners of record of"the subject property request an eess�t t re _ -
which is,(please be specific): - _ / f
[pplication Form
Owner's Signature/Written Authorization
feet in height with an area of square feet.
. .Title Transfer Instrument orDeedCnaQy G
� r L� Site/Plot Plan(3 copies)
r
—� (provide any additional information here) - - Site/Plot Plan (reduced 8'/z"x 11")
�llpplicant's Statement(3 copies)
Filing Fee$294.00
City of Tigard 13125 SW Hall Blvd.,Tigard,OR 97223 503-718-2421 1 www.ti&rd-or.gov -Page 1 of 2
List any VARIANCE,CONDITIONAL USE,SENSITIVE LANDS,OR OTHER LAND USE ACTIONS to be considered as part
of this application:
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 Ipformation sheets can be obtained,upon request,for all types of Land Use Applications.)
THE APPLICANTS)SHALL CERTIFY THAT:
• The above regltest 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 tme; 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 critena, and understands the requirements for
approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this 74- day of �� Ve{lV Lem 20�
Owner's Signature Owner's Signature
J
Owner's Signature Owner's Signature
City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-718-2421 1 www.tigard-or.gov Page 2 of 2
CITY OF TIGARD RECEIPT
a
p 13125 SW Hall Blvd.,Tigard OR 97223
503.639.4171
Receipt Number: 180473 - 11/1812010
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
ARU2010-00002 Accessory Res Unit 1003100-43116 $256.00
ARU2010-00002 Accessory Res Unit-LRP 100310043117 $38.00
Total: $294.00
PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 1246 KPEERMAN 11/18/2010 $294.00
Payor: Jeanine Murphy
Total Payments: $294.00
Balance Due: $0.00
Page 1 of 1
Date: November9,2010 RECEIVED
TO: city of Tigard NOV 1 7 2010
CITY OE TIGARD
RE:Proposed Accessory Residential Unit PLA NN;NC./r-NGI VEERING
Property Address: 13350 SW Hillshire Dr.Tigard,OR 97223
Owners/Occupants: Paul&Jeanine Murphy
As current owners of a three level,five bedroom,three and one-half baths, home in the Hillshire
Development of Tigard,we request for approval,a legal conversion of the downstairs/daylight
basement area,to be converted to a one bedroom accessory residential unit.We wish to fully utilize our
living space, maintain our home as an important investment and remain living in the residence as long
as possible. The current home values in our neighborhood have diminished our home investment, and
from that,deter us from selling to obtain a smaller property to better meet a two person household's
needs. We believe the conversion of a portion of our home to an accessory dwelling would create a
better suited living environment and provide for us many purposes.
Our proposal does fit all Purposes listed under Chapter 18.710,ACCESSORY RESIDENTIAL.Our zone
location does allow for residential units of 800 sq.ft.or less. We believe we have met with all additional
required criteria. The home is three stories with total 3,576 square feet,only the lower level, less
basement stairway and mechanical/storage area,will be converted to accommodate the rental unit.
The unit will be well under the 50%allowable square footage limit for compliance. jk"rk 50,
-7g5%7S
In addition to rental unit,the remainder of home will continue to be owner occupied. Full kitchen
facilities, bathroom,one bedroom,and laundry facilities are available for tenant use in proposed rental
unit.A new apartment door will replace an existing sliding door, located in the rear of the home.A
cement walkway of 4'offers access from the side,front of house.
It is understood that only one occupational business is allowed. Currently a home occupancy permit is in
effect and for that deration,that limit has been met. As per state building code a total/limit of four
people may reside at accessory unit at one time.
A fire separation is planned between the owner occupied residence&rental unit. Concurrently, all
needed construction permit applications will be filed,submitted by KHI Construction on behalf of
Jeanine& Paul Murphy to meet all qualifications for an accessory residential unit.
We have a two car attached garage that offers two parking spaces in front plus the addition of a one car
parking space adjacent current driveway available for tenant parking.
Our primary residence meets development standards and purposes established in the base zone.We
seek to obtain the City of Tigard's approval for the requested accessory residential unit permit located at
13350 SW Hillshire Dr.,Tigard,Or,97223. Plans for our proposed unit conversion are as shown on
attached home floor plan detailing tenant living areas, (see lower level plan), lot/plot map,entrance
and parking.
I I �c I I � -----�►
I
—
—
LLil -
,
--i -
I i I I C
jet =--: - -- L-=�---- —.�---J— ! _.- �� '-- - -�-_.'- '.�_.,-�-._ �e8�• � l '
I C,Lc�—�
Olax3��
g1� X5�cSC- ry ��� �a
1 �
9 -; �� l,nxZ,71ti
�3146
21tj ki
I - 5
T \L7,
` c
17' X
�lo� Z!" 21c= l,Yn
LN
/�p
Nto y k► 1to
Lg%i -
�rid�
Until a change is requested all tax
statements shall be sent to the
following address:
First American Real Estate Services
1 First American Way
Westlake,TX 76262
When Recorded Mail To:JPMorgan
Chase Bank,N.A.
Collateral Trailing Documents
P.O. Box 8000-Monroe, LA 71203
Tax Account Number: R2032487
True and Actual Consideration
is:$286,916.00
Deed of Trust
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 November 16,2010,together with
all Riders to this document.
(B) "Borrower"is PAUL B.MURPHY AND JEANINE MURPHY, husband and wife. Borrower
is the trustor under this Security Instrument.
(C) "Lender"is JPMorgan Chase Bank,N.A.. Lender is a National Banking Association organized
and existing under the laws of the United States. Lender's address is 1111 Polaris Parkway,Floor 4J,
Columbus,OH 43240 . Lender is the beneficiary under this Security Instrument.
(D) "Trustee"is Servicelink Title-NATL VENDOR.
(E) "Note"means the promissory note signed by Borrower and dated November 16,2010.The Note
states that Borrower owes Lender two hundred eighty six thousand nine hundred-sixteen and 00/100
Dollars(U.S. $286,916.00)plus interest.Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than December 1, 2040.
1757279100
OREGON-ShVis FeMr� eMae/Fre ft Mac UNIFORM INSMUMENr ,R�1�I F=30381A1
WM
Y1bAme KNwd Flnsitlal Sm 201011143.&o.oA002�IIp2III01ao�IIIIImSZ9Y IIInpII�III � IIIIIII'''VIIII'I IIIIjjI''' IN��tl}}Illala:�IIIIjjIIIII IIII IIIppII''''Pege l allInlI
I�IIIIIIIIIIIIII�IIIIIIII�IIIIII���IIIIII��IIII��III�IOIII�IIIIIIIIIIIIIII IIIIIOI
(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.
(I) "Riders"means all Riders to this Security htstmment that are executed by Borrower.The following
Riders are to be executed by Borrower[check box as applicable]:
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider
❑ Balloon Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider
❑ VA Rider ❑ Biweekly Payment Rider ❑ Other(s)[specify]
(n "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.
(,1) "Community Association Dues,Fees, and Assessments"means all dues, fees,assessments and
other charges that are 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 Section 3.
(M) "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 taking of all or any
part of the Property;(iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or
omissions as to,the value and/or condition of the Property.
(1) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default
on,the Loan.
(0) "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 to a"federally related mortgage loan"even if the Loan does not qualify as a
"federally related mortgage loan"under RESPA.
1]5 IN
OREGONSh4e FamlyFa WWFina a Mac UMFORM INSTRUMENT `1(] ,/t �] Fa 3 W
YeWIae
VWe T'��
KM FleelmMSm M1N11AACOA00IIOMOY Wue . Pege2all]
I�Illl�l�llllll��a�lll�l���ll��ll��l���llll�l I�III�II�IIIIIIII�IIII
(Q) "Successor in Interest ojBorrower"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.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 this Security Instrument and the Note. For this purpose,
Borrower irrevocably grants and conveys to Trustee,in taut,with power of sale,the following described
property located in the COUNTY[Type of Recording Jurisdiction]of Washington [Name of Recording
Jurisdiction]:SFR See Attached which currently has the address of 13350 SW HILLSHIRE DR[Street]
PORTLAND[City], Oregon 97223 [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 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
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
1757278104
OREGONSiVa FaMyFw"s MaelFa a Mac UNFORM INSTRUMENT ^� F.30781N1
VMPO COI r•�
YApae KO Flnm WSa M1011143.5.MM400720100528Y INft. PaW Sof 17
IIIII�I�II�I�IIIII�III�III�II�111�1�IIII���IIIIIIIIIOIIIIIII�II�II
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 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
1757279104
OREGON-Skip FamPFFarrde MaWFreEBe Mac UNIFORM INSTRUMENT =
MPO
Waftm Wlrev FhNCLel SWVIODS 201011143.5.0.0.4002201005M IrYbals: Page 4o117
�II�I VIII IIII SII IIIA�I�I�I��1�I���Ill�ll�l�IIIII IIIII IIIII VIII III��SII
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 this 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 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 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.Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines,and impositions attributable
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)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
175727810a
OREGONSN49 Far*- arrfw Mae raE®e Mac UMFORM INSTRUMEM �I(
b a Form 303 M
VMPO �YY
VFhwcW Sanka 20101 IM&OA.4002Z0100WOY 120 : J PageW17
1�1�1�II��11�11�1111111111��11�ll�ll�lll�l��lll�lllllllllllllllllllll
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 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 form 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
175nMI W
OREGONZY Faff yfernle MaelFred6 Mw UNFORM INSTRUMENT F 3=tN1
vMR& /
NAIMr6 KWW Fkrtlal$ervime 3Mg111A3.5.g.g.dgW1g16g526Y etltlale: Rage 60117
VIII IIIII�I SII VIII IIIII 1�1�111�1�111�11111111IIIII ILII ILII ILII IIS IIII
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 Lenders 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)Borrowers 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 Borrowers 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 Borrowers 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.
1757278104
OREGONShge Faauly{made MeelFrefteMx UNIFORM INSTRUMENr fit` fvm SRiB L01
VMP®
Vftma lO.eet Fmmxiel Sm Was 201011143ACUXIIIII4r1111'001,'r11IIIIIIIryIII'IJ10�,,111101II1I1II5I29�YI IIIIIIIIIII1I1I r1111'1III�III IIII177I5t]��1��9IQrvWttIlls1III22:1I11II991I11f�IIIr1111111IIIIIII ,,111pp,,IIIIII IIIIIIIIIIIIII Var11'111gr111111e 7.117
II�I,�,IIIII,W IIulYlllll,l llll�IIIII Irr�1141d111,IIIIIII,IIII IIIA IIIIIIII,IIIIIIIII
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 Lenders 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 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 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 shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
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 ful I,and Lender shal I
�IJr'1 175727819/
Sb
OREGORgb FmNy-Femtle Mm'Fretl�e Mac UfBFORM INSTRUMENT �^3038 101
VMM
Hymn paver FbWKW Svv 291911119.5.9.0.10022MOD5281' IyBalx Page 8 of 17
IIaIIIII�III�O�I�l�lll�l�l�i��l�l l���l�ll��llll��lllllllllll�
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.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, 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 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 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
"".�� lrsrrreloa
OREGON-SMple FmNyFmtle N�reGUie Mac UNIFORM INSTRUMENT
VMP®
Yaliac wawa.Fkn Swim 20IM1143.5.0.0.4002101gg5Par INtlele: Page 9o11T
IIII�II��I���III�IIII����Il��l I��I�II�I�IIIII�IIIIIIIIIIIIII
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 immediately 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 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 parry 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.
M757278,M
OREGON-S1gM Fan*Fmetle Mae0=1e04e Mac UNIFORM INSTRUMENT F=' 30391101
VMPO
VJdma l0iµar Fkwn SerWm 2010111a3S.0.0A0022T1005211Y he4als: Page 10 of 17
11�111�1��11�IIIIIIIIIIIIIIII��11��1��l��lll�l��lllQ�l�llllllllllal�l
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 time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or 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 terns of this Security Instrument or the Note
without the co-signer's consent.
Subject to the provisions of Section l8,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
Borrowers 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
Borrowers default,for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument,including,but not limited to,attomeys'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
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
�e
Of1EGOM5eple Fam6y.Fa0vBMeeIFIeEBa MeeUWFORM INSiRUMENr 1757276100 r`
VMPO
Ylbllma Khl FtrIaMM SeM®e 2010111C15.ODA002201005Y6Y I"ISMs: Pepe 11"f 17
I�IIII�IIII�11111111�1111������1���f I�l��l�llllllll��llll�lllQlllllll�l
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 sent by other means.Notice to any one Borrower shall constitute noticeto 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 shal l 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 Lenders 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 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 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. Borrowers 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,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 Lenders prior
written consent,Lender may require immediate 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.
17572]8100
OREGGNShgb Fm10PFwr"MaeWredit Mee UMFORM INSTRUME In F. IMI
VMP* f
V tkm power FnsltlM SerAM 201011103.5.0.r111110r11111.1IIIII0r111110I07dT10r111110IIIII�II'III5r111112IIIIIM811111Yr11111 I1III1r11','1IIII'I1III1 III11fI1'1I}1111'r11111'RpIIIII]11111 IIIIIT1IIIII5,11111]1IIIIIIIIII,2IIIIII],1111111]11111tl1�®l{IIII1aIIIIIr7,IIIIIIITI'I1 III1IIIIIII� r111111II'I' r111'1II1I11 II Papp 12 017
III,IIII IIIIII'II,Ir1I I1,11IIIII IIII11,Yllllll l,�ll lrl�llulllull lll,l ll�lllrlllllll illi illi
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.Borrowers 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 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 after the giving of such notice to take collective action. If
17572I81O0
OREGONSNye Fwdty. wwft MaNFTea®e Mx UNIFORM INSTRUMENT Foca=II IM
VMS J r
NbtlEle l0.raeT FtrunNal Servlmi 201011193.5.0.0.111,I1I1I4
r1111OIIIInIIIIR,111/Aa1'11IIIIIRIIIIO1111m0IIIIII�ISZZByIIIIIIIRRIIIIIIIIF11''1' III1InnII111111I111'1nn11IIIIII IIIIIn1II1''III1IX1I�1II',1'1L�11'I1UII1I'R11111t hiE�Po}IIIIIsIIIIIr91IIIIIIIIIII r1111111111�III�IIIIIIRIIIII I1IIInIII�I1'111mIIIIIP11111a1III1n��IIIpe 13 0117
IMMMI,IWI'lll IIu Y,�WII lull l,lll�l��l l�l�l lllll,llll lllllll�lllll,ll�ll IIII IIII
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 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.
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 ander 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
1]5T MIN
OREGOKSigW FmnRffmnb Ma&Tmdae Mm UNIFORM INSTRUMENT 40.3038 i
VMTO
Nbaae Kha FinadW SmNwa 2010111tl.5.QQ40072ata1528Y INaalc Paga 14 of tT
IO��I�III IIS SII ISI VIII II�11111��I11�1��10��I I��IIIA Inll IIIII IIII SII
to bring a court action to assert the non-existence of a default or any other defense of Borrower
to acceleration and sale. If the default is not cured on or before the date specified in the
notice, Lender at its option may require immediate payment in full of all sums secured by
this Security Instrument without further demand and may invoke the power of sale and any
other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this 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 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 this Security Instrument and in the Note, attomeys'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.
n5nre,w
cREOONSin&FmrWy-Famb MedFm Mw UNIFORM INSrRUMEMf 7�t 1v Form 3038 tpt
WPO
VMm N5aYm FQIaI®I$avow 2MQ11iQ.5.QQ/ 100Mff IN501B: ftp 15 or 17
Ill�lllll�lllll�lll�lllll�ll��l�l�f I���IIIII�II�III�I�O1�1111�11�
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.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.
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.
Borrower
, e
PA MURP Date
Seal
ANINE MURPHY Date
Seal
1757278161
OREGONSNge Fm Pjy de MaelFred&e Mx UMFORM INSTRUMENTAn Fm 30]8 1101
MRre '_`
Noll quem FlnenaM Servlwa 2010111A15.0.0.4I0IO2I=00III5
I Y IM'f''QQQtiaIe:III'IjI'II'�I'''f I'''mIIIII'''''''nIIIIIII PeI''1nIII'p 10 d 17
I�III III III I Iu�l�u�lllllll��l,ll ll���l ll�lllll,uu lull lull lull llllll�
Acknowledgment
State of Oregon
County of Washington
This instrument was acknowledged before me on �� ��_'^7O by
OFFICIAL SEAL
NANCY JIOSA
I � ;' NOTARY PUBUGOREGON
G COMMISSION NO.A420027
MYCOMMISSION IXPIHES OCTOSEfl 2,2011
C..ti
Notary Public �5
My commission expires:
(Seal)
Space below notary acknowledgment(s) intentionally left blank
t7M78I a
UREGONSFmo FanulyFamle M�ratlkla Mac UWFORM INSTFUMEIRINtl3U391Nt
VMPID
'�nn
MIM Flnmltl�5erviva ZOtot1193.5.0.0.A0®]1W5TBV eIC Page 17 x117
1��IIIII�1111111�10�11111111��11��(i���lll�llllllllll��llllllllllllll