MIS1997-00017 • •
. G.irvvrdite
• September 18, 1997 CITY OF TIGARD
OREGON
Gary and Julie Sieg
11675 SW Terrace Trails
Tigard, OR 97223
Re: - MIS 97-0017/Accessory Structure
Dear Mr. and Mrs. Sieg:
•
This letter is in response to your request for approval of a 528 square foot, -
13.32-foot-tall Accessory Structure/Garage. The Director has approved this structure
finding that it meets the approval standards of Section 18.144 of the Tigard Community
Development Code.
The structure is on a parcel of land that is smaller than 2.5 acres and zoned R-4.5. The
structure, as proposed, does not encroach into the five (5)-foot side yard and rear yard
setbacks required for accessory structures in residential districts. The structure also
does not exceed 15 feet in height or 528 square feet in size. There are no identified
sensitive lands. Therefore, the structure meets the requirements of the applicable
development code sections for this type of use.
This Accessory Structure approval allows the structure in the location proposed,
however, you are required to obtain building permits prior to construction. Please
submit a copy of this letter of approval with your request for building permits.
Please feel free to contact me concerning this information if you have any-questions.
Sincerely,
Julia Powell Hajduk
Associate Planner
iAcurpin\julia\rnis\Sieg.acc
c: MIS 97-0017 land use file
Development Services Technicians
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772
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.410.1,11-4•1 P. • APPLICATION
CITY OF TIGARD . 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297
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GENERAL INFORMATION • _ ..... . . _. ._... __ ..... . . _ . . .._...._ _ .. _ _. .......... ..
PRE-APP.HELD WITH:
DATE OF PRE-APP.: Atir/k
Property Address/Location: //6 75- S co 79,,, .,c 77,41...t
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TOR STAFF USE ONLY•:::.!:',:,.V.D.i,:i.5,10. .:::::
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Tax Map 8A.TaxLot tit(s): a,s,I 3 , _.6-:--0 $44%-c/ - ',:..:.„,:. :< 4;::::-, ,,,.,#,..,:4 .it-i*. zt: sz''. "-','-t.s .l.EitirMIR,r,:j
,/ Case No.(s):
Site Size: - 7,9-- 4cre-s' ••••::...,•-• • • I :.-•••••••• . .
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Property Owner/Deed Holder(s)*: 6.4.4- e tr„,,.. s,e, Receipt ii;:::::„P.7:714.::::giEtArtitirr)4.170
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Address: //a 75- S',%I., 7""-•-qce r (6, Phone: 3-020-76 76 AppliCation Accepted"By:
Date /A
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City: rrti,o-0-1 Zp: 9 7.2.2•3 ... . ....
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Address: Phone: POeP0097.!!!flT.4(. ......POTp" .orgtmo
City: Zip:
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'When the owner-and the applicant are different people, the applicant -.....K.V.;...5.,.. V.A...'.::::i.{::::::;:ii.... .n.:w:::: PiT:r;A:4:::::r::::::,::.
must be the purchaser of record or a lessee in possession with written - " - •-,:::•:..-.-...:-.:,..,2......:.....:.: ::::::•..-..-...,.:.5!•,.,..:i•,::::::
authorization from the owner or an agent of the owner. The owner(s) ...-....:.;:::- ........--........6..,:.. ./.;:i.:••.....„.....:...„:::::::::.:•:.::•.::::::•,•:.::...„.:.::::::.1: :...::
CIT Area: • .- '
must sign this application in the space provided on the back of this
form or submit a written authorization with this application. Rev.8/26198 OcuspInVrtasters‘asadac
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PROPOSAL SUMMARY . .
The owners of record of the subject property request an Accessory
REQUIRED SUBMITTAL ELEMSNTS
Structure which is (please be specific):
_,.- • ,-
1 Application Elements Submitted:
13 .32. feet in height with an area of , ---928- square feet.
( Application Form
9-'Owner's Signature/Written Authorization
(provide any additional information here)
(23- Title Transfer Instrument or Deed
0 Site/Plot Plan
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(0 of copies based on pre-app check list)
i, Alb F(000(20),e, Er Site/Plot Plan (reduced 81/2-x 11-)
ir '17 ii//,7 -
- ig-- Applicant's Statement(3 copies)
2/Filing Fee$80.00
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,.; List any VARIANNCE, CONDITIONAL,.USE:.SENSRNV,LANDS,OR OTHER.LAND USe-ACTIONS to iii considered-as •
part of this application:
1/ape
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, forall types of Land Use Applications.)
THE APPLICANTS)SHALL CERTIFY THAT: ._._-. __...._.._.___..._-._---._.__ _ _
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•
• if the apps is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the conditias and li itations 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 /S day of 0-4,jo742.,,,4eN , 19 97
Owner's ' nature `�¢ ees Signal -
Owner's Signature Owner's Signature
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•
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TO: City of Tigard
FROM: Gary Sieg
DATE 9-15-97
SUBJECT: Accessory Structure Applicant's Statement
This applicant's statement is for a detached garage to be built by the owners on 11675 SW
Terrace Trails Dr. Tax Lot 2S13CD-04401. The building will have the following
specifications:
Total Sq.Footage: 528
Width: 20'
Length: 26' -4.8"
Height: 13' - 3.8"
Construction: Wood Frame
Foundation: Monolithic slab
Roof: Composition same as existing house
Siding: T-111
Set back: 5' from side property line(south)
20' from back property line(west)
Rain Drains: Tied to existing house rain drains.
Purpose: Storage for boat and other RVs
Property is.78 acres in an older neighborhood. No subdivision CC &Rs exist.
SCALE
•
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-� Washington County
HIS J DEED - STATUTORY FORM •
i (Individual - Corporation)
1
HOI BA PHAM AND KIM VU
Grantor, conveys and warrants to:
GARY SIEG and JULIE A. SIEG AS TENANTS BY THE ENTIRETY
.Grantee, the following described real property free of encumbrances except as
specifically set forth herein:
-SEE ATTACHED DESCRIPTION SHEET
r
This instrument will not allow use of the property described in this instrument in
violation of applicable land use laws and regulations. Before signing or accepting this
.instrument, the person acquiring fee title to the property should check with the
appropriate city or county planning department to verify approved uses.
-ENCUMBRANCES:
SUBJECT TO THE STATUTORY POWERS OF THE UNIFIED SEWERAGE AGENCY OF WASHIM3TON COUNTY;
EASEMENTS AS DELINEATED ON RECORDED PLAT; COVENANTS, CONDITIONS AND RESTRICTIONS AS
RECORDED MAY 27, 1975 IN BOOK 1025, PAGE 238; EASEMENT RECORDED AS FEE 86-044429 IN
FAVOR OF CITY OF TIGARD AJD FEE 86044430;
>. The true consideration for this conveyance is $39,000.00.
z
Dated this January 26, 1990 ; if a corporate grantor, it has caused its name
8 to be signed by order of its board of directors.
LAJ
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am
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0: 4,4A,..m.........._---------- '4, U
z HOI BA KIM VU
W
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O
STATE OF OREGON, ) (
z County of.,„ Washington )ss.
:., '': January 26, 1 h'f
1; r!f` • i,,,, above named HOI BA
i Y
,,#. .,? :' �,�.,. ,-•grog the foregoing
` _ ' ' 1 ''� -r/their voluntary
; ? CAP yr +; `
Notary-.= . _, -.� .-YtL4-9.regon 6/19/93
My comsnis6i-on;:,= res:
' After recording; return and
send tax statements to:
GARY SIEG
10455 SW North Dakota
Tigard Oregon 97223
Escrow No. 53A 42311 SM - Order No. W68942
�' DESCRIPTION '`ijF r l%
,?
i PARCEL I
A portion of that tract of land in Section 3, Township 2 South, Range 1 West, Willamette
Meridian, Washington County, Oregon, conveyed to John R. Baldwin and Shirley A. Baldwin, : °`,;!;,;:.
husband and wife by deed recorded January 23, 1969 in Book 730, Page 942, Washington
County Records, more particularly described as follows:
Beginning at the northeast corner of that tract of land designated as Parcel I of said
$aldwin tract; thence running North 72' 26' West along the north line of said Parcel I, •
453.5 feet to a point; thence South 29' 26' West parallel with Southwest 121st Ave. • 1 .1 :..
formerly Christensen Road 100 feet, more or less, to a point on the southerly line of ::::c,.
that tract designated ' ��-� ''
gnated as Parcel II of said Baldwin tract; thence South 86' 18' East 80 ..„.`?;: .,.
feet, more or less, to the easterly corner of said Parcel II; thence South 77' 22' East •
along the southerly line of said Parcel I, 400 feet, more or less, to the southeast ''`f` . •
corner of said Parcel I; thence North 30' 23' East along the easterly line of said +i''`
Parcel I, 47.9 feet to the point of beginning. ' f
po beg g. � _�- _,::
EXCEPTING THEREFROM that portion conveyed to Richard L. Ullrich, et ux by deed recorded V
January 31, 1986 as Recorder's Fee No. 86004775. •
.
PARCEL II
A parcel of land situated in Lot 16, Block 1 of TERRACE TRAILS, in the City of Tigard,
Washington County, Oregon, said parcel of land lying Northerly of the folloiwng • :i�:; ;_
described line:
Beginning at a point on the west line of said Lot 16, said point being South 30' 25' 39”
West 149.77 feet from the northwest corner of said Lot 16; thence from the point of
beginning North 81' 22' 31" East 64.15 feet to a point on the west right of way of
Terrace Trails Drive.
PARCEL III
A parcel of land located in the Southwest quarter of Section 3, Township 2 South, Range `r ; : : '
1 West, Willamette Meridian, City of Tigard, Washington County, Oregon, said parcel
being a portion of that tract of land conveyed to Richard L. Ullrich and Sharon L. >:.! :
Ullrich, husband and wife, in Deed Book 908, Page 373, Washington County Deed Records,
said parcel being more particularly described as follows: ."
Beginning at the most Easterly corner of said Ullrich tract; thence on the northerly ;0 i ' .: .' .
line of said Ullrich tract, said line being also, the southerly line of WOODCRFST, a '
recorded plat, North 67' 25' West 247 feet; thence perpendicular with said southerly „. .
line of WOODCRFEST South 22' 35' West 72 feet to the southerly line of said Ullrich ?'t�it!J :.•tract; thence on said Southerly line South 72' 26' East 242 feet to the easterly line of ';:!;1 6:::!::::: - .
said Ullrich tract; thence on said Easterly line North 30' 23' East 47.6 feet to the `.,,,, ,,,,.
place of beginning. ;.;=,:?'
3 ` i
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•
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STATE OF OREGON J _
County of Washington
I,Donald W.Mason,Director of Assessment ;, i
and Taxation - . -•,•;, . -ecorder of Con-
. Con-
veyances for ::0 certify that
the within -.mint received ' li.%;1::'
and recur.: ter': :-..:...
'QtO• .- r . • �-- county. - ;;.'•:::
1' Ex. W{?,.'i,"(•*
• Cl
O � 'z :COU '` •Doc : 90004794 .• ' ';:n,''' '' '
Rect: 26360 77.00 ;=` "`^•
01/29/1990 02:53:57PM i=i';
When Recorded Mail To: As
MEDALLION MORTGAGE COMP •-- - .•. " -_r = :..:: . �... z
P.O. BOX 9369
SAN JOSE, CALIFORNIA 95157
0000121958
[Space Above This Line For Recording Data]
DEED OF TRUST • .
THIS DEED OF TRUST("Security Instrument")is made on `''MARCH 23, 1993 The grantor is
'GARY SIEG AND JULIE A. SIEG, HUSBAND AND WIFE
("Borrower"). The trustee is
STEWART TITLE OF OREGON, INC.
("Trustee"). The beneficiary is
MEDALLION MORTGAGE COMPANY , A CALIFORNIA CORPORATION
which is organized and existing under the laws of CALIFORNIA , and whose
address is 650 SARATOGA AVENUE 0
SAN JOSE, CALIFORNIA 95129 ("Lender"). Borrower owes Lender the principal sum of
EIGHTY THOUSAND AND NO/100-- =
Dollars(U.S. $ 80, 000.00 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"),which provides for
monthly payments, with the full debt, if not paid earlier, due and payable on APRIL 1, 2008 .
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all
renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under
paragraph 7 to protect the security of this Security Instrument;"and (c) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to
Trustee,intrust,with power of sale, the following described property located in WASHINGTON Co unty, Oregon:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF:
which has the,address of 11675 S.W. TERRACE TRAILS, 'TIGARD [Street,
Oregon 9 7223 , ("Property'Address") _.._ '. .
[Zip Code] ,- _ {. ... -._. .
OREGON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT P 1 of 6 Form 3038„9/90
I.
TOGETHER WITH all the improv is now or hereafter erected on the prope d all easements, appurtenances,
and fixtures now or hereafter a part of 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 and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum("Funds") for: (a)yearly
taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)yearly leasehold
payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood
insurance premiums,if any; (e) yearly•mortgage insurance premiums, if any; and (f) any sums payable by Borrower to
Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These
items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum
amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real
Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless
another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an
amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and
reasonable estimates o f expenditures of future Escrow Items or otherwise in accordance.with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay
the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits
Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real
estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless
an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the
Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all
sums secured by this Security Instrument.
If the Funds held by Lender exceed the amount permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at
any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case
Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no
more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or
sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under
paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower
shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on _
time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid
under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts
evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith
the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent
the enforcement of the lien; 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 may attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the
lien or take one or more of the actions set forth above within 10 days of the giving of notice.
Page 2 of 6 Form 3038 9/90
•
, •
• 5. Hazard or Property Insuranclikorrower shall keep the improvements wasting or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including
floods or'foolding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's.approval
which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7:
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall
have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the•insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. .
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the •
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 any excess paid to Borrower. If Borrower abandons
the Property, or does not answer within 30 days of notice from Lender that the insurance carrier has offered to settle.a claim,
then Lender may collect the insurance proceeds. Lender.may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument;whether ornot then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall-not extend or
postpone the due date of the monthy Payments'referred to in paragraphs-1 and 2 or change the amount of the.payments.• If
. under paragraph 21 the Property is acquired by Lender;Borrower's•right to anyinsuranee policies andproceeds.resulting from
damage to the Property prior to the_acquisition shall pass to'Lender•to the extent.of the sum's''secured'by this Security
Instrument immediately prior to the acquisition. .•
• 6.• Occupancy, Preservation,_Maintenance.:and Protection of the Property,Borrower's.Loan Application;Leaseholds:•
borrower shall occupy,,establish, and use the Property as.:Borrower's principal residence within sixty days after the execution of
this Security;Instrument and shall continue to occupy the Property as Borrower's ci 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. Borrower'shall not destroy, s.damage'•or,impair the
Property, allow the Property to•deteriorate,;-or commit waste on the Property...•Borrower shall be in default if'any forfeiture
action or proceeding,,whether.civil or criminal, is.begun that*Lender's good_faith.judmeat could result in forfeiture,.of the
Property or,otherwise,materially impair the lien created.by this Security.Instrument,or Lender's•security,interest. Borrower-
may cure such a default and reinstate, as provided in paragraph 18, by causing,the action or proceeding to be dismissed with a
ruling.that, in Lender's,good faith.determination,.precludes forefeiture of the'Borrower's interest in the Property or other
material impairment of the lien.created by this Security_Instrument or Lender's,security interest. Borrower shall also be in
default if Borrower, during.the,loan application process, gave materially false or inaccurate information or statements to Lender
(or failed to provide Lender with any material information) in connection with the loan evidenced by the.Note, including, but
not limited to, representations;concerning ,Borrower's occupant' of,the Property,.as a principal residence. .If this Se curity
Instrument is on a leasehold, Borrower shall co- l with all the rovisions of the lease. If Borrower q uir s fee title to the
mp y P
Property; the leasehold and the fee title shall,not merge unless Lender agrees to the merger-in writing.
7. Protection of Lender's_Rights in the Property. If Borrower fails to perform_the covenants and agreements contained
in this Security Instrument, or there is a legal proceeding that may significantly affect Leader's rights in the Property (such as a
proceeding in bankruptcy,;probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender.may do and
pay for whatever is necessary to protect.the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by'a lien.which.has priority over this Security. Instrument, appearing in court,.paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph•7, Lender does not have to do so. .
Any.amounts disbursed by Lender under this paragraph 7 shall become'additionaldebt of Borrower-secured by this Security
Instrument. Unless Borrower and Lender agree to'other terms'of payment,,these,amounts shall,bear,interest from the date of
disbursement at the Note rate and shall'be payable,with interest,upon,notice from Lender.to Borrower requesting payment..
8. Mortgage Insurance: If Lerider required mortgage‘insurance as:a Conditioliof making-the loan secured by.this Security
Instrument,.Borrower shall.pay the.premiums'•iequired to maintain the:mortgage:insurance in effect:'.If,::for any*reason; the
mortgage insurance coverage.required by Lender lapses or ceases to:be in effect;;•Borrower shall pay the,premiums requited to
obtain`coverage substantiallyegiuvalenf to tlie'mortgage insurance.previously,iri effect,at'a cost'substantially.,,equivalent to the •
cost to Borrower of the mortgage,insurance,previously-in effect;:from:an:alternate mortgage insurer approved'by..Lender. .If
substantially equivalent,mortgage insurance coverage is*not available, Borrower shalt'p y to 4n*.each.month a sum equal:to
one-twelfth of the,yearly;mortgage insuiancepremium being paid by Borrower_wh insurance coverrage lapsed..or ceased.to
,. . . . .. . -. .<�.;..: :;, en_the insuraa :. .,; ,:_. .., . ........:.: ....:...:
be is effect. Lender.�will accept,:use'and.retain these. �ayments as a'loss reserve'ia.lieu ofmortgage ;_Loss reserve
Page 3 of 6 • • •••.
Form 3038..9/90 •
•
payments may.no longer be required, a option of Lender, if mortgage.insurance ge (in the amount and for the
period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower
shall pay the premiums required to maintain niortgageinsurance in effect, or to provide a loss reserve;until the requirement
for mortgage insurance ends in accordance with any written'agreement.between Borrower and Lender or applicable law. •
9. Inspection. Lender or its agent may make reasonable entries"upon and inspections of the Property. Lender shall give •
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, directly or.consequential, in connection with any
condemnation or other taking'of any part of the Property, Or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security .
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Proeprty in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the taking, unless borrower and Lender otherwise agree in writing,
the sums secured by this Security Instrument shall,be reduced by the amount of the proceeds multiplied by the following
fraction: (a) the total amount of the sums secured immediately before the taking, divided by(b) the fair"market value of the
Property immediately before the taking. Any balance:shall be paid to Borrower. In the even,of a partial taking of the
Property in which the.fair market value of the Property immediately before the taking is less than the am ount of the sums
secured immediately before the taking is Less..than the amount of the sums secured immediately before the.taking, unless
orrower and Lender otherwise,agree in writing or unless applicable law otherwise:provides, the proceeds shall be,applied,.`
to the sums secure d-by this Security.Instrument whether or not the sums are then due . :
If the Property is abandoned Condemnor,..
p rty• by Borrower, or if, after notice by Lender Borrow*that_the off,ers to make -
. an award or settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given,-j
Lender is authorized to collect and apply the proceeds, at its.option, either;to restoration or repair,of the Property or to the
sums secured by this Security Instrument,whether or not then.due, •
Unless Lender and Borrower otherwise,agr ee..in:writing, any application of,proceeds. to principal,shall not extend or
postpone the due date of the monthly payments referred to in.paragraphs 1 and 2.or change the amount of such payments.
11. Borrower Not Released; Forbearance.By Lender.Not a„Waiver:,,Extension of..the time for payment Or
.,.
modification of amortization of the sums secured by this Security Instrument granted by.. Lender:to any successor in interest .:
of Borrower shall not operate to release.the:liability of the original Borrower or Borrower's successors in interst. Lender
shall not be required to commence proceedings against any successor in interest or'refuse to.extend time for.payment or
otherwise modify"amortization of the sums secured by this Security Instrument.by reason of any demand made by the •
original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy. .
12. Successors and'Assigns Bound; Joint and Several,Liability; Co-signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject t to the provisions of
paragraph 17. Borrower's covenants and agreements shall,be joint and several.. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a)is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b) is:not personally obligated to pay the
sums secured by this Security Instrument; and(c) agrees that Lender and any other Borrower may agree to extend, modify,
forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that
Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally 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 under the Note..
e . applicable. , .,.requires use of another method. ' ....
14. Notices. Any.notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless a hcable law The notice shall be directed to the
Property address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be"given by first
class mail to Lender's Address stated herein or any other address Lender designates by notice to_Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been:given to borrower or Lender when given as provided .
in this paragraph:
• .
15. -.Governing.Law; Severability.,,.This Security Instrument shall be.governed by federal law and the law of the
jurisdiction in which.the Property is located. In the event that;any provision or clause of this Security Instrument or the ''
Note conflicts with applicable`law, such.conflict shall not affect other provisions"of'this Seettrity'InstrumenCer the Note'' •
which can be given effect without the conflicting provision. To this end the"provisions'of this Security Instrument and the
Note are declared to be severable.
16. Borrower's copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
a of 6 Form 3038 9/90.
• •
17. Transfer of the Property or a akficial Interest in Borrower. If all or any Sof the Property or any interest in
it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of
the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of
not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all stuns 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.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any•power of sale contained in this
Security Instrument; or(b) 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; and (d) takes such action as Lender may reasonably
require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay'the
sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security
Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this
. right to reinstate'shall not apply in the case of acceleration under paragraph 17. • . .
19. Sale Of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale niay result in a change in the entity
(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument.`There also
may be one or more changes of the Loan Servicer 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 in accordance with paragraph 14 above and applicable law. The notice•
will state the name and address of the new Loan Servicer and the address to which payments should be made.:The notice will
also contain any other information required by applicable law: .
20. Hazardous Substances.. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else,to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use,or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property..,
Borrower shall promptly give,Lender written notice of any investigation, claim, demand, lawsuit or other action.by any.
governmental or regulatory agency.or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge. Borrower learns, or is notified by any governmental or regulatory
authority,,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower
shall promptly take all necessary remedial action in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic. hazardous substances'by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic.petroleum products,.toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As
used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located
that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration;Remedies,Lender shall give notice to Borrower prior to acceleration following Borrower's breach
of any covenantor agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides,otherwise). The notice shall specify: (a) the default; (b)the action required,to cure the default;
(c) a date, not less than 30 days from the date the notice is given to Borrower, by,which the default must be cured;and
that failure to cure re the default,on or befo 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'lnstrinnent without
further demand and may invoke the.power:,of sale and any other-remedies:permitted by:applicable law:.,Lender shall
be.entitled,to collect all expenses Incurred in pursuing the remedies provided in'this'-paragraph 21, including, but not
limited to,,reasonable attorneys'fees.and costs of title evidence.- =
If Lender invokes the power of..sale' Lender shall executeor cause•Trustee.to execute a written notice of the
-occurrence of an'event of default and'of I ender's:election to cause the Property.to be sold and shalt cause such no_tice to
be recorded in each county in which'any" art'of the pro erty is located. Lender or Trustee shall give..notice of sale'in
the manner prescribed by applicable law o Borrower audio"Other persons prescribedby applicable'law: After the time
Form.3038 9/90 •
required by applicable law, Trustee,/out demand on Borrower,shall sell the,PrSyy 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 fade evidence of the truth of the statements made.
therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but
not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any
excess to the person or persons legally entitled to it.
22. Reconveyance. Upon payment of all sums secured by this Security`Instrument, Lender shall request Trustee to
reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons
legally entitled to it. Such person or persons shall pay any recordation costs.
23. Substitute Trustee. Lender may, from time to time, remove Trustee and appoint a successor trustee to any Trustee .
appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties
conferred upon Trustee herein and by applicable law.
24. Attorneys' Fees. As used in this Security Instrument and in the Note, "attorneys' fees" shall include any attorneys;. .
fees awarded by an appellate court. .
25. Riders to this Security Instrument. If One or more riders are_executed by Borrower and recorded together withthis -.;
Security Instrument, the covenants and agreements of each such rider.shall be'incorporated into and shall amend and supplement
the covenants and agreements of this Security Instr anent as if the rider(s)were a part of this Security Instrument.
[Check applicable box(es)]
Q Adjustable Rate Rider Q Condominium Rider. . 1-4 Family Rider
Q Graduated Payment Rider .1=3 Planned Unit,Development Rider - : . . Q Biweekly Payment Rider.
0 Balloon Rider Q Rate Improvement Rider,: r,. : Q Second Home Rider
Q V.A. Rider O.Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in
any rider(s)executed by Borrower and recorded with it.
Witnesses: .
O
GARY SIEG . -Borrower
(Seal)
JULIE .A. SIEG ... . -Borrower
(Seal) (Seal)
-Borrower.. -Borrower
STATE OF OREGON, County ss:
On this . . day of ,personally.appeared the above named
the foregoing instrument to be voluntary act and deed.
My:Commission Expires: m e
"fore
(Official Seal)
Notary.Pubhc for 901t0n
• rye 6 of 6 : Form 3038 -9/90