MMD2002-00018 MMD2QQ
00018
GR8.81V13URG A.P�TM 0.41cS
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July 3, 2002 /aiiilr'11ui010
CITY OF TIGARD
Community Partners for Affordable Housing, Inc. OREGON
Attn: Sheila Fink
P.O. Box 23206
Tigard, OR 97281-3206
Dear Ms. Fink:
This letter is in response to your request for Minor Modification (MMD2002-00018) approval to
replace seven emergency egress rear stairways at the Greenburg Oaks Apartments.
The subject property is located at 11895 SW 91' Avenue. The Tigard Community Development
Code, Site Development Review Section, states; "if the requested modification meets any of the
major modification criteria, that the request shall be reviewed as a new Site Development Review
application."
Section 18.360.050.B. states that the Director shall determine that a major modification(s) has
resulted if one (1) or more of the changes listed below have been proposed:
1. An increase in dwelling unit density or lot coverage for residential development.
The replacement of seven emergency egress rear stairways will not cause an increase in
dwelling units. Therefore, this standard does not apply.
2. A change in the ratio or number of different types of dwelling units. The
replacement of seven emergency egress rear stairways will not cause a change in the
ratio or number of different types of dwelling units. Therefore, this standard does not
apply.
3. A change that requires additional on-site parking in accordance with Chapter
18.765.
The request is to replacement seven emergency egress rear stairways, which will not
effect on-site parking.
4. A change in the type of commercial or industrial structures as defined by the
Uniform Building Code. The requested modification is to a residential structure.
Therefore, this standard does not apply.
5. An increase in the height of the building(s) by more than 20 percent.
No increase in building height is proposed with this modification. Therefore, this
standard does not apply.
6. A change in the type and location of accessways and parking areas where off-site
traffic would be affected. This request will not require a change in accessways or
parking areas where off-site traffic would be affected. Therefore, this criterion does not
apply.
7. An increase in vehicular traffic to and from the site and the increase can be
expected to exceed 100 vehicles per day. No change in traffic to and from the site can
be expected. Therefore, this standard does not apply.
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 '---
8. An increase in the floor areas proposed for a non-residential use by more than ten
percent excluding expansions under 5,000 square feet. No increase in floor area is
proposed with this application. Therefore, this standard does not apply.
9. A reduction in the area reserved for common open space and/or usable open
space that reduces the open space area below the minimum required by the code
or reduces the open space areas by more than ten percent. The requested
modification is to replace seven existing emergency egress rear stairways. Therefore,
there will be no reduction of open space.
10. A reduction of project amenities (recreational facilities, screening; and/or,
landscaping provisions) below the minimum established by the code or by more
than ten percent where specified in the site plan. The requested modification to
replace emergency stairways does not cause a reduction in project amenities. Therefore,
this standard does not apply.
11. A modification to the conditions imposed at the time of Site Development Review
approval that is not the subject of criteria (B). 1 through 10 above. The proposed
modification has not altered the original use of the site. Therefore, this standard has
been met.
This request is determined to be a minor modification to an existing site. The Director's designee
has determined that the proposed minor modification of this existing site will continue to promote
the general welfare of the City and will not be significantly detrimental, nor injurious to surrounding
properties, provided that development which occurs after this decision complies with all applicable
local, state, and federal laws.
Therefore, this request for Minor Modification approval is hereby granted.
If you need additional information or have any questions, please feel free to call me at
(503) 639-4171, ext. 2437.
Sincerely,
-7-7(;)/A--2_
r
Mathew Scheidegger
Assistant Planner
is\curpl\Mathew\minmod\2002-0001 S
c: MMD2002-00018 Land use file
Page 2 of 2
a
MINOR MODIFICATION
AVI TYPE I APPLICATION
V.Pr mall
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
Property Address/Location(s): I l g 9 S ski 91 4 4--
1 d r d CI? `I t a a 3 FOR STAFF USE ONLY
Tax Map & Tax Lot#(s): tS 1 35DC —O�bOO
K—r) ��D�� OCC)1 "
Site Size: Case No.(s):
Other Case No.(s):
Applicant*:Cc n . 8, Pq, tners A ll rJ 1 Ie t-jcutr A •
Receipt No.: �..r
Address:PC 8(.0' )3 a E Inc i�1
City/State: ► q q rJ C R Zip: 9 i a 8 1 - 3 c Application Accepted By: 2�
Primary Contact: 1 S h e . I q F. t< I M g r 4 in I Date:
Phone: '- c 3 9 6 8 -- 1 a Fax: 5-C4 S9 Q -
Property Owner/Deed Holder(s)*: (Attach list if more than one)
Date Determined Complete:
Rev.3/5/2001 i:\curpin\rnasters\revisedlminormod.mst
Address: Phone:
City/State: Zip:
* When the owner and the applicant are different people, the applicant
must be the purchaser of record or a lessee in possession with written REQUIRED SUBMITTAL ELEMENTS
authorization from the owner or an agent of the owner. The owner(s) (Note: applications will n_ot be accepted
must sign this application in the space provided on the back of this without the required submittal elements)
form or submit a written authorization with this application.
PROPOSAL SUMMARY [] Application Form
The owners of record of the subject property request permission for a
Minor Modification. To review a modification as a Minor Owner's Signature/Written Authorization
Modification, the Director must first find that the expansion does not d Title Transfer Instrument or Deed
invoke one or more of the 11 criteria discussed within Section
18.120.070(B) of the Tigard Development Code. If the modification indi Site Development Plan (3 copies)
exceeds the maximum allowed under any one or more of the
following criteria, a Major Modification review is required. Major 0/ Site/Plot Plan (reduced 8'/2"x 11")
Modifications are processed in the same manner as a new Site
Development Review. In a separate letter, please address the Applicant's Statement(3 copies)
criteria below contained in Section 18.360.050(B) including a detailed (Addressing Criteria Under Section 18.360.05Q(B)
response to each criteria.
v Filing Fee (City) $
I. An Increase in dwelling unit density or lot coverage for residential development. (Urban) $236.00
2. A change in the ratio or number of different types of dwelling units.
3. A change that requires additional on-site parking in accordance with Chapter 18.765.
4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code.
5. An increase in the height of the building(s) by more than 20%. In addition, the Director must find that the
6. A change in the type and location of accessways and parking areas where off-site traffic would be proposed change complies with the underlying
affected. standards of the applicable zoning district. To
7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 complete this review, the Applicant's proposal
vehicles per day. must include a discussion indicating how the
8. An increase in the floor area proposed for a non-residential use by more than 10% exduding site expansion will continue to comply with the
expansions under 5.000 square feet. minimum setback, building height, parking land
9. A reduction in the area reserved for common open space and/or usable open space that reduces the landscaping standards. Other applicable
open space area below the minimum required by this code or reduces the open space area by more requirements such as minimum Clear Vision
than ten percent. areas near driveways and street intersections
10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) may also be applicable depending on where
below the minimum established by this code or by more than l0%where specified in the site plan. the building expansion is proposed to be
II. A modification to the conditions imposed at the time of Site Development Review approval that are not constructed on the site.
the subject of Criteria I through 10 above.
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the"Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
property.
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all
the conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true;
and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that
any such statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this a 1 day of J LJ n e ,20 0 d
Owner's •ignature Owner's Signature
Owner's Signature Owner's Signature
Receipt #: 27200200000000002400
__�.►S_... Date: 06/28/2002
T I D E M A R K
COMPUTER SYSTEMS, INC
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
MMD2002-00018 [LANDUS]Minor Modification 100-0000-438000 8100.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check COMMUNITY PARTNERS FOR AFFORDABLE HOUSIN DCP 3107 0 $100.00
TOTAL AMOUNT PAID: $100.00
AttdratIlta
COMMUNITY PARTNERS P.O. Box 23206 •Tigard, OR 97281-3206
FOR AFFORDABLE HOUSING, INC. Tel: 503-968-2724 •Fax: 503-598-8923 •www.cpahinc.org
June 27, 2002 RECEIVED
Planning Department CITY OF TIGARD
13123 3 SW W Hall all Blvd.
City d PLANNING/ENGINEERING
Tigard,OR 97223
RE: Minor Modification Type I Application/Applicant's Statement
To Whom It May Concern:
The proposed modification is to replace seven emergency egress rear stairways at
Greenburg Oaks Apartments. Below please find a response to each of the 11 criteria
under Section 18.360.050(B):
1. This proposal (replacement of seven emergency egress rear stairways)does not cause
an increase in dwelling unit density or lot coverage for residential development
2. This proposal (replacement of seven emergency egress rear stairways) does not cause
a change in the ratio or number of different types of dwelling units.
3. This proposal (replacement of seven emergency egress rear stairways)does not cause
a change that requires additional on-site parking in accordance with Chapter 18.765.
4. This proposal (replacement of seven emergency egress rear stairways)does not cause
a change in the type of commercial or industrial structures as defined by the Uniform
Building Code.
5. This proposal(replacement of seven emergency egress rear stairways)does not cause
an increase in the height of the building(s)by more than 20%.
6. This proposal (replacement of seven emergency egress rear stairways)does not cause
a change in the type and location of accessways and parking areas where off-site
traffic would be affected.
7. This proposal (replacement of seven emergency egress rear stairways)does not cause
an increase in vehicular traffic to and from the site and increase can be expected to
exceed 100 vehicles per day.
8. This proposal(replacement of seven emergency egress rear stairways)does not cause
an increase in the floor area proposed for a non-residential use by more than 10%
excluding expansions under 5,000 square feet.
9. This proposal (replacement of seven emergency egress rear stairways)does not cause
a reduction in the area reserved for common open space and/or usable open space
that reduces the open space area below the minimum required by this code or
reduces the open space area by more than ten percent.
10. This proposal (replacement of seven emergency egress rear stairways)does not cause
a reduction in project amenities (recreational facilities, screening,and/or,
landscaping provisions)below the minimum established by this code or by more
than 10%where specified in the site plan.
11. This proposal (replacement of seven emergency egress rear stairways)does not cause
a modification to the conditions imposed at the time of the Site Development Review
approval that are not the subject of Criteria 1 through 10 above.
Additionally,the proposed modification will not impact the current minimum setback,
building height,parking, and landscaping standards. Feel free to contact Martin Soloway
at 503-968-2724 with any questions, or if you need additional information.
Sincerely,
Jill Sherman
Deputy Director,Housing
•
O O O O SITE PLAN GENERAL NOTES
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1* STAT "OREGON
SS
County of Washington
I, Jerry R. Hanson, Director of Assess-
ment and .Taxation and Ex-Officio County
Clerk for said county, do hereby certify that
the within instrument of writing was received
and recorded in book of records of said
county. 1 y
Jerry R. Hanson, Director of
.Assessment and Taxation, Ex-
Officio County Clerk
Doc : 97015569
Rect: 181053 58. 00
02/21/1997 03 : 20: 07pm
) , / 0
When Recorded Return to:
,r Douglas C.Blomgren
Preston Gates & Ellis LLP
111 SW 5th Avenue, Suite 3200
Portland, OR 97204
TRUST DEED
THIS TRUST DEED is made this /9 day of February, 1997 by and among
VILLA LA PAZ LIMITED PARTNERSHIP an Oregon limited partnership, as "Grantor",
FIDELITY NATIONAL TITLE COMPANY OF OREGON, as "Trustee", and
COMMUNITY PARTNERS FOR AFFORDABLE HOUSING, as "Beneficiary".
Grantor, does hereby grant and convey, WITH POWER OF SALE, to the Trustee
in trust, and to any assignee or transferee of the Trustee, all of Grantor's right, title and interest in
8 and to
S a
The real property (and any and all improvements now or hereafter located thereon)
situated in the County of Washington, State of Oregon, described in Exhibit A (the "Real
Property"):
. — � �
gTogether with all the tenements, hereditaments and appurtenances, and all other
c 2 c rights belonging to the Real Property, including those which may later be found to belong
2 or appertain, and the rents, issues, and profits therefrom, and any and all fixtures upon the
Property at the time of the execution of this Trust Deed or at any time during the term of
E this Trust Deed (together with the Real Property, the "Property").
LL. al
This conveyance, secures (a) performance of Grantor's obligation under the
Developer's Fee Note dated Februaryl8, 1997 (the "Secured Obligations").
Q,\
1. COVENANTS
Grantor covenants as follows:
(1) Title: The Grantor is the legal owner of the Property, and now has a valid
fee simple title thereto, except for encumbrances which are superior to the security interest of this
Trust Deed. Grantor will warrant and defend its title against the claims and demands of all other
persons.
(2) Performance: The Grantor will strictly perform all obligations imposed
upon Grantor by this Trust Deed.
11111 •
Page 1.TRUST DEED J:\DCB\35602-00.001\4E02NI.DOC
2
I
(3) Maintain Property: The Grantor will protect, preserve, and maintain all
the improvements erected on the Property in good order and repair and will not permit or cause
any waste of the Property, and will complete or restore promptly and in a good and workmanlike
manner any improvement which may be constructed, damaged, or destroyed.
(4) Insurance: The Grantor will (a) maintain comprehensive general liability
and property damage insurance, naming each Beneficiary as an additional insured, covering the
Building and the Property and the work and business conducted thereon with such limits as
Beneficiary may reasonably request from time to time, and (b) keep all improvements insured
against loss or damage by fire and flood, with extended coverage, and with a standard lender's
loss payable clause for the benefit of each Beneficiary, to the extent of the full replacement value
of such improvements, in each case in a company or companies acceptable to Beneficiary, and will
deliver copies of all the policies and renewals to Beneficiary. Grantor agrees that it will comply
with the requirements of Beneficiary as to the purchase and maintenance of flood insurance, as
those requirements are established by Beneficiary's policies and requirements in effect from time
to time. It is the Grantor's responsibility to maintain the above insurance coverage until the
obligations secured by this Trust Deed are satisfied. Nothing in this paragraph shall be construed
to mean that Grantor's obligations under this Trust Deed shall be altered or discharged due to the
existence of insurance coverage. Beneficiary does not need to await payment of, or resolution of
litigation as to, insurance proceeds before seeking any other remedy.
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 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.
(5) Liens, Taxes, and Assessments: The Grantor will, so long as this Trust
Deed remains in force, keep the Property free from construction liens and will timely pay all taxes,
assessments, charges, or liens that may be levied or assessed upon the Property, before any tax,
assessment, charge or lien becomes past due or delinquent, and before commencement of any
foreclosure or collection proceedings which may threaten the security of this Trust Deed. Grantor
further agrees to obtain Beneficiary's written consent prior to placing or allowing any further liens
or encumbrances on the Property (other than Permitted Liens, encumbrances required by any
governmental agency in connection with the low-income housing use of the Property, and
Page 2 TRUST DEED J:‘DCB\35602-00.001\4EO2N1.DOC
3
•
encumbrances to which this Trust Deed is subordinated pursuant to this Agreement), which
consent shall not be unreasonably withheld provided that such liens or encumbrances are
subordinate to the lien of this Trust Deed.
(6) Senior Liens Kept Current: The Grantor shall timely make all payments
due under any senior liens encumbering the Property, including any liens to which this Trust Deed
is subordinated pursuant to Section 5(1) below.
(7) Compliance with Laws. Grantor shall promptly comply with all
applicable federal, state, and local laws, ordinances and regulations. Grantor may contest in good
faith any such law, ordinance or regulation and withhold compliance during any proceeding,
including appropriate appeals, so long as Beneficiary's interest in the Property is not jeopardized.
(8) Failure to Comply with Covenants. Should Grantor default in the
performance of any of the above covenants relating to payments of insurance, liens, taxes,
assessments, or other charges, and fail to cure such default within the cure period set forth below,
Beneficiary may elect to pay any such amount (which under this Trust Deed is the sole obligation
of Grantor) and any payment so made will be added to the debt secured by this Trust Deed and
shall bear interest at twelve percent (12%) per annum until paid. Any such payment by
Beneficiary shall not be a waiver of default.
3. EVENTS OF DEFAULT
Time is of the essence of this Trust Deed. Any of the following shall be a default
under this Trust Deed:
(1) Grantor fails to perform or abide by any covenant in this Trust Deed and
such failure, to the extent curable, is not cured within thirty (30) days after written notice from
Beneficiary specifying the default in reasonable detail, or, if such breach cannot with due diligence
be cured within such period, if Grantor shall fail within such thirty (30)-day period to commence
cure of the failure and thereafter diligently prosecute to completion such cure (which cure in any
event shall occur within sixty (60) days after the default notice).
(2) Grantor defaults under the Development Services Agreement between
Grantor and Beneficiary dated effective February 18, 1997 and the default is not cured within the
applicable cure period set forth therein.
(3) Grantor defaults under any other loan (including any bond financing)
secured by the Property,
Page 3.TRUST DEED 1:\DCB\35602.00.001\4E02N I.DOC
3. RIGHTS AND REMEDIES ON DEFAULT
Upon the occurrence of a default, Trustee or Beneficiary may exercise any one or
more of the following rights and remedies:
(1) Beneficiary may declare any and all sums secured hereby immediately due
and payable.
(2) Beneficiary may direct the Trustee to foreclose by notice and sale, or
Beneficiary shall have the right to foreclose by judicial foreclosure, in either case in accordance
with applicable law.
(3) Beneficiary shall have the right, without notice to Grantor, to reenter and
take possession of the Property and collect the rents, issues, profits and revenues, including
amounts past due and unpaid, and apply the net proceeds, over and above Beneficiary's costs,
against the indebtedness hereunder. In furtherance of this right, Beneficiary inay require any
tenant or other user to make payments of rent or use fees directly to Beneficiary. If receipts are
collected by Beneficiary, then Grantor irrevocably designates Beneficiary as Grantor's attorney-in-
fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate
the same and collect the proceeds. Beneficiary may exercise its rights under this paragraph either
in person, by agent or through a receiver.
(4) Beneficiary shall have the right to have a receiver appointed to take
possession of any or all of the Property described above, with the power to protect and preserve
the Property, to operate the Property preceding foreclosure or sale, to collect the rents, issues,
profits and revenues from the Property and apply the proceeds, over and above the cost of the
receivership, against the indebtedness secured hereby or due hereunder. The receiver may serve
without bond if permitted by law. Beneficiary's right to the appointment of a receiver shall exist
whether or not apparent value of the Property exceeds the indebtedness secured hereby or due
hereunder by a substantial amount. Employment by Beneficiary or an assignee of Beneficiary
shall not disqualify a person from serving as a receiver.
(5) Beneficiary may apply to a court of competent jurisdiction for, and Grantor
hereby consents to, a permanent injunction requiring Grantor to comply with its covenants under
this Agreement; provided, however, in the event such an injunction is not obtained, THE
PARTIES AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT
TO ESTIMATE THE DAMAGES WHICH BENEFICIARY MAY SUFFER AS A RESULT OF
GRANTOR'S DEFAULT UNDER THIS TRUST DEED, AND THAT A REASONABLE
ESTIMATE OF THE TOTAL NET DETRIMENT THAT BENEFICIARY WOULD SUFFER
IN THE EVENT OF SUCH A DEFAULT BY GRANTOR IS AND SHALL BE $100 FOR
EACH DAY THAT THE DEFAULT CONTINUES. SUCH AMOUNT SHALL BE THE
FULL, AGREED AND LIQUIDATED DAMAGES TO BENEFICIARY FOR A DEFAULT BY
DEVELOPER UNDER THIS TRUST DEED, BUT SHALL BE WITHOUT PREJUDICE TO
BENEFICIARY'S OTHER REMEDIES (E.G., FORECLOSURE) HEREUNDER.
Page 4 MUJI Dal) 1\IX:8%35602-00.001\4EU2N I.00
•
• (6) In the event Grantor remains in possession of the Property after it is sold as
provided above or Beneficiary otherwise becomes entitled to possession of the Property upon
default of Grantor, Grantor shall become a tenant at will of Beneficiary for the purchaser of the
Property and shall pay a reasonable rental for use of the Property while in Grantor's possession.
(7) With respect to any personal property subject to a security interest in favor
of Beneficiary, Beneficiary may exercise any and all of the rights and remedies of a secured party
under the Uniform Commercial Code.
In exercising its rights and remedies, the Trustee or Beneficiary may cause the
Property described above to be sold as a whole or in parcels, and certain portions of the Property
may be sold without selling other portions. Beneficiary may bid at any public sale on all or any
portion of the Property. All remedies under this Trust Deed are cumulative and not exclusive.
Any election to pursue one remedy shall not preclude the exercise of any other remedy.
4. CONDEMNATION
Beneficiary shall be entitled to all compensation, awards and other payments or
relief related to condemnation (up to the amount of the outstanding indebtedness secured hereby)
and shall be entitled, at its sole option, to commence, appear in and prosecute in its own name any
such action or proceeding. Beneficiary shall also be entitled to make any compromise or
settlement in connection with such taking or damage. All such compensation, awards, damages,
rights of action and proceeds awarded to Grantor("Condemnation Proceeds") are hereby
assigned to Beneficiary, and Grantor agrees to execute such further assignments of the
Condemnation Proceeds as Beneficiary may require. Beneficiary shall have the right to apply such
Condemnation Proceeds, after deducting therefrom all costs and expenses regardless of the
particular nature thereof and whether incurred with or without suit, including reasonable attorney
fees incurred by Beneficiary in connection with such Condemnation Proceeds, upon all or part of
the indebtedness secured by this Trust Deed in such order as Beneficiary may determine, without
regard to whether or not the security of Beneficiary is impaired.
5. MISCELLANEOUS
(1) Subordination. This lien of this Trust Deed shall be subordinate to the
lien of the following trust deeds (1) in favor of KeyBank National Association securing the Bridge
Loan and Construction Loans relating to the Property from KeyBank National Association to
Villa La Paz Limited Partnership dated February 18, 1997, (2) in favor of Washington County
securing the HOME Project Loan and the CDBG Project Loan relating to the'Property dated
February 18, 1997. Upon written request from Grantor and so long as Grantor is not in default of
this Trust Deed, Beneficiary shall execute such documents as are reasonably required in order to
subordinate the lien of this Trust Deed to the lien of a commercial trust deed in favor of Grantor's
lender (including any bond trustee if bond financing is used) to the extent that such trust deed
�.: secures funds for the construction of improvements located upon the Property. If, as a result
Page 5.TRUST DEED /1DC13\35602.00.001\4E02NI.DOC
(0
event of any such subordination, the requirements of this Trust Deed and the security instrument
recorded in favor of the superior lender are in conflict or inconsistent, the stricter requirement will
control.
(2) Indemnification. Grantor shall indemnify Beneficiary against and hold it
harmless from any and all liabilities, claims, losses, damages, or expenses which Beneficiary may
suffer or incur in connection with Grantor's failure to perform any of its obligations under this
Trust Deed, including without limitation those obligations set forth in Section 2.
(3) Severability. If any of the provisions contained in this Trust Deed shall be
invalid, illegal or unenforceable in any respect, the validity of the remaining provisions in this
Trust Deed shall not be affected.
(4) Attorney Fees. In case suit or action is instituted to foreclose this Trust
Deed, the prevailing party shall receive from the losing party in such suit or action such additional
sum as the court may adjudge reasonable as attorneys' fees, expenses, and costs in said suit or
action, or on any appeal therefrom, including, but not limited by, those fees and expenses
permitted or defined by statutory law, and including without limitation all fees and expenses
incurred at trial, on appeal, on petition for review, arbitration, mediation and in a bankruptcy
proceeding.
(5) Interpretation. In construing this Trust Deed, it is understood that the
Grantor or Beneficiary may be more than one person;that if the context so requires the singular
shall be taken to mean and include the plural;that the masculine shall mean the feminine and the
neuter; and that generally all grammatical changes shall be made, assumed, and implied to make
the provisions in this Trust Deed apply equally to corporations, partnerships, and individuals.
(6) Time of Essence. Time is of the essence of each of Grantor's obligations
under this Trust Deed.
IN WITNESS WHEREOF, Grantor has executed this Trust Deed this /9 7'4 day
of r , 1997.
UI fl OL 1-4 Da z- L(11;fed rctVfnvr sh; ('
Cor„rlknOfiy F rtn?rs $ y A.qord4hie.
iforts)n� rvc
Its: D 71706e
U
Page 6.TRUST DEED I:\DC13\35602-00.001\4E02N1.DOC
7
STATE OF OREGON )
) ss.
County of Multnomah )
This instrument was acknowledged before me this /9 day of L,%. ,, 1997
by//liide/AA/4i -T>s as the A..,-•�e%c� of l'a.2r� 4,7 • ,s.P.��er'S�T, -
//Frit.C1Di;ALA' 4/ �5,4,i--7-ve, i?S 6,e,1f,€4,(4 jir.Pryf.e o< G.r.GC/j .60 j iz,_, -4/.n,/-e"
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. No Public of Oregon
041k OFFICIAL SEAL y Commission Expires:.--/d'-79
,.c L.ARGARET U. NEIXIr:c
`-.,!;' NOTARY PUBLIC-OREGON
COMMISSION NO.040918
MY COMMIS:ICON EXPIRES MARCH 18,1 '3 •
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1:1DC BV 5602-00.DO I\4 E02N 1.DOC
Page 7. TRUST DEED
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EXHIBIT A
PARCEL I:
A part of Lot 63, AMENDED PLAT OF NORTH TIGARDVILLE ADDITION, in the City of Tigard,
Washington County, Oregon, described as follows:
BEGINNING at a point on the North line of said Lot 63 which is North 89°23' East, 423 .63
feet from the Northwest corner thereof; thence North 89°23' East, 100.00 feet to an iron
pipe on the Northwesterly line of Lincoln Avenue; thence along said Northwesterly line
South 55°41' West, 83 .20 feet to an iron pipe; thence North 34°19' West, 55.49 feet to the
point of beginning.
EXCEPT the East 25 feet thereof as recorded on November 21, 1968, in Book 724, Page 747.
ALSO EXCEPT that portion conveyed to the public for 'road purposes in Book 575, Page 602.
PARCEL II:
A tract of land in the Southeast quarter of Section 35, Township 1 South, Range 1 West
of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, described
as follows:
EGINNING at the Northeast corner of John L. Hicklin Donation Land Claim No. 54; thence
West 14 .68 chains; thence South parallel with the West line of said claim, 30.25 chains
to the South line of the North half of said claim and the true point of beginning of the
tract to be described; thence West along the South line of said North half, 6 .62 chains;
thence North parallel with the West line of said claim, 100 feet; thence East parallel
with the South line of the North half of said claim, 6.62 chains; thence South 100 feet
to the true point of beginning.
EXCEPT the Westerly 290.05 feet thereof.
AND ALSO EXCEPT that portion conveyed to the public for road purposes in Book 575, Page
602, also recorded November 2, 1968, in Book 724, Page 747.
PARCEL III:
A tract of land in Section 35, Township 1 South, Range 1 West of the Willamette Meridian,
in the City of Tigard, Washington County, Oregon, described as follows:
BEGINNING at a point in the center of Greenburg Road which bears South 89°34' West along
Donation Land Claim line 968.9 feet and South 0°02' East, 1237.5 feet from the Northeast
corner of the John Hicklin Donation Land Claim; thence South 0°02' East along the
Easterly line of that tract of land conveyed to Lou and Grace Rogers by deed recorded in
Book 144, Page 577 of Washington County, Oregon, Deed Records, 376 .35 feet to a point
'1ch bears North 0°02' West 282 .85 feet from the Northeast corner of the 1.00 acre tract
land conveyed to Myrtle L. Severson by deed recorded in Book 161, Page 91 of said
eed records, which is the true point of' beginning herein; thence from said true point
9
of beginning North 89056' West, 218.0 feet to the Southeast corner of the James O'Rourke
3 .0 acre tract of land as described in Page 191, in Book 123 of said Deed Records;
thence West along the South line of said O'Rourke property, 218.46 feet to a point on
the West line of the Rogers property described in Book 144, Page 577; thence South along
the West line of said Rogers property, 282.85 feet to the Northwest corner of that tract
conveyed to Myrtle L. Severson by deed recorded in Book 161, Page 91; thence East along
the North line of said Severson tract to a point on the East line of said Rogers tract
above mentioned; thence North along the East line of said Rogers tract, 282.85 feet to
the place of beginning
EXCEPT that portion conveyed to the public for road purposes over the East 20 feet,
recorded November 18, 1965, in Book 576, Page 602, also recorded November 21, 1968, in
Book 724, Page 747.
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