ADJ2016-00110 NOTICE OF TYPE I DECISION
44
DEVELOPMENT ADJUSTMENT ADJ2016-00110 p
VAIL DEVELOPMENT ADJUSTMENT
120 DAYS = October 26,2016
SECTION I. APPLICATION SUMMARY
FILE NAME: Vail Development Adjustment
CASE NO.: Development Adjustment (ADJ) ADJ2016-00110
PROPOSAL: The applicant requests one development adjustment to reduce the front yard
setback requirement from 20 feet to 15 feet (25%). The subject property is a
duplex made up of units 11631 and 11635 SW 114d' Place. The applicant requests
this development adjustment in order to accommodate an addition on the north
side of unit 11631.
APPLICANT: Jesse Vail OWNER: Same as applicant
11631 SW 114`''Place
Tigard,OR 97223
LOCATION: 11631 SW 114 'Place;WCTM 1S134DC,Tax Lot 900
ZONING
DESIGNATION: R-4.5: Low-Density Residential District.The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet.Duplexes and attached single-
family units are permitted conditionally. Some civic and institutional uses are also
permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Section 18.370.0203
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 IV.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
ADJ2016-00110 Vail Development Adjustment 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property is a duplex located on the south side of SW Tigard Street,and the west side of SW
114`" Place. The site contains a carport that is shared with the neighboring duplex property (11625 and
11629 SW 114th Place; WCTM 1S134DC, Tax Lot 12800). In addition, the property has access to SW
114`'' Place via a shared, paved driveway that runs across Tax Lot 12800. According to the Washington
County Assessment & Taxation Report, the subject lot was developed with the existing structures in
1972. The site is zoned R-4.5 (Low-Density Residential),as are surrounding properties. Staff was unable
to locate any previous land use approvals that affect the property.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.370 Variance and Adjustments
18.370.020 B. Development Adjustments.
1. The following development adjustments will be granted by means of a Type I procedure, as
governed by Section 18.390.030, using approval criteria contained in paragraph 2 of this
subsection B:
a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front
yard setback required in the base zone. Setback of garages may not be reduced by this
provision.
b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and
rear yard setbacks required in the base zone.
c. Lot coverage. Up to 5%increase of the maximum lot coverage required in the base zone.
The applicant requests to reduce the front yard setback requirement from 20 feet to 15 feet (25%),
in order to accommodate an addition on the north side of unit 11631. Although the subject
property's shared accessway connects to SW 114th Place in the east, the site's northern property line
directly abuts SW Tigard Street; therefore, by definition, the northern portion of the lot contains
the property's front yard setback (TDC 18.120). This request is a development adjustment, and is
being processed through a Type I procedure.
2. Approval criteria. A development adjustment shall be granted if there is a demonstration of
compliance with all of the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the
desired effect;
The applicant requests approval to reduce the front yard setback from 20 feet to 15 feet (25%), in
order to accommodate a residential addition of a particular design for unit 11631. The property's
north side has direct frontage along SW Tigard Street,which is classified as a neighborhood route in
the City of Tigard's Transportation System Plan (TSP). Therefore, in addition to the 20-foot front
yard setback for the R-4.5 zone, the north side is also subject to an additional setback that is equal
to half the projected road width illustrated in the TSP (27 feet from the right-of-way centerline).
This standard is outlined in TDC 18.730.040.A. Staff evaluated the applicant's submitted site plan
and narrative to determine that this adjustment is the least required to achieve the desired effect,
based on the factors discussed above. This criterion is met.
AD12016-00110 Vail Development Adjustment 2
b. The adjustment will result in the preservation of trees, if trees are present in the
development area;
There are no trees present in the relevant development area. This criterion does not apply.
c.The adjustment will not impede adequate emergency access to the site;
Staff reviewed the applicant's submitted site plan to determine the proposed adjustment will not
impede adequate emergency access to the site.This criterion is met.
d. There is not a reasonable alternative to the adjustment which achieves the desired effect.
The applicant requests this development adjustment in order to accommodate a residential addition
of a particular design for unit 11631. As demonstrated above, the applicant's proposal complies
with the 25% reduction for front yard setbacks. There is not a reasonable alternative to the
proposed adjustment which achieves the desired effect. This criterion is met.
CONCLUSION: This proposal is for a Development Adjustment, and is in compliance with the
applicable standards of this Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Development Adjustment is a Type I procedure. As such, the Director's decision is final on the date
it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may
not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON JUNE 30, 2016
AND BECOMES EFFECTIVE ON JULY 1, 2016
Questions:
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS&tieard-or.gov.
June 30,2016
APPROVED BY: Lina Smith
Assistant Planner
ADJ2016-00110 Vail Development Adjustment 3
APPLICANT
MATERIALS
City o f Tigard RECEIVEDSUN 2 0 20
COMMUNITY DEVELOPMENT DEPARTMENT 16
Adjustment — Type I Application PLA "7"O 77GARD
c AA NEFa,A,..
PROPOSAL SUMMARY(brief description): ,tt �"
rJs c� ion 'n J r�,-�+ 11 r S�-�' �ut.lL, REQUIRED SUBMITTAL
ELEMENTS
Vowner's
pplication Elements Submitted:
The owners of record of the subject property request an Adjustment
to the Community Development Code (please check one only): hSignature/Written
uthoriaation
Development Adjustment-Front Yard Setback, nteriorNi'
de Transfer Instrument or Deed
Setbacks and Lot Coverage
(� /p, te/Plot Plan(2 copies)
Special Adjustments:
to/Plot Plan (reduced 8'/2'a 11")
❑ Adjustments to Subdivision standards Applicant's Statement
❑ Reduction of Minimum Residential Density d&essing Critexia under Section 18.370.020)
❑ Washington Square Regional Center Dimensional andFiling Fee 4��J
Density requirements 7777
❑ Adjustments to Access and Egress Standards
❑ Adjustments to Parking Standards
❑ Adjustments to the Sign Code _
❑ Adjustments to Wireless Communication Facilities Case No.(s):
❑ Adjustments to Street Improvement Requirements Related Case No.(s):
❑ Adjustments to Downtown Connectivity Standards f,3 LAD
Fee:
Property Address/Locatign(s):
l
SW 119 P - 4, ,V!— c(--+7-23 Application Accepted:
B)^� Date: 6'02 a -�So
Tax Map and Tax Lot#(s): L-� #I 11y�h ('�'wt,
Date Determined Complete:
Site Size: ga�Sf% B}: L—� Date: 644
t Comp.Plan/Zone Designation:
Applicant: �e.�SSe. �a�l /�'-1�•
Address: VI �J icy �1• :%rt,RPt .RuaMt,x,wa .wuusbrAtt-Typ&I
�� ti s� p. 41TTL a".o��u
City/state: � �'61-- Zi �Z
Primary Contact: Ic When the owner and the applicant
Phone: S03-5 11 SW. Email: f\ 1. �1� ��Q�'��1���"� are different people,the applicant
must be the purchaser of record or
a lessee in possession with written
Property Owner/Deed Holderauthorization from the owner or ans)*: (Attach list if more than one) agent of the owner.The owner(s)
Name: tkS A�O-yyl-) must sign this application in the
space provided on the back of
Address: this form or submit a written
City/state: Zip: authorization with this application.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-ongov • 503-718-2421 • Page 1 of 2
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"boy:.
THE APPLICANTS) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may lie attached to or imposed upn the subject PL=M.
• 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 required.
Ttssz ��16 it
Applit/Authorized Agent signature Print name Date
ner's signature Print name Date
ADJUSTMENT—TYPE I APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov 503-718-2421 • Page 2 of 2
z r.F , 71,
When recorded,return to:
Pacific Residential Mortgage
ATTN:Final Document Department
4949 Meadows Rd.Suite 350
Lake Oswego,OR 97035
888-267-9471
Title Order No.: 7000-2569762
Escrow No.: 7000-2569762
LOAN#:01A-0041916
(Space Below This Line For Acknowledgment]
DEED OF TRUST
MIN 1004096-0000032036-8
MERS PHONE#:1-BB8-679-6377
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 January 28,2016, together with
all Riders to this document.
(B) "Borrower"is JESSE RAY VAIL AND VALERIA ALEJANDRA VAIL.
Borrower is the trustor under this Security Instrument.
(C) "Lender"is Pacific Residential Mortgage.
Lender is a Limited Liability Company, organized and existing under the laws of
Oregon. Lender's address is 4949 Meadows Rd.Suite 350,
Lake Oswego,OR 97035.
(D) "Trustee"is First American Title.
(E) "MERS" is the Mortgage Electronic Registration Systems, Inc. Lender has appointed MERS as the nominee for
Lender for this Loan,and attached a MERS Rider to this Security Instrument,to be executed by Borrower,which further
describes the relationship between Lender and MERS,and which is incorporated into and amends and supplements this
Security Instrument.
(F) "Note"means the promissory note signed by Borrower and dated January 28,2016. The Note states
that Borrower owes Lender TWO HUNDRED SIXTY FOUR THOUSAND AND N01100''""''""''''''.
f e f f f f f f f f f f i f f f f}f i f f i f f f f f f f f!1 f f e f f
Dollars(U.S. $264,000.00 )
plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
February 1,2036.
(G)"Property"means the property that is described below under the heading"Transfer of Rights in the Properly."
(H) "Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under
the Note,and all sums due under this Security Instrument,plus interest.
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p) "Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be
executed by Borrower[check box asa plicable]:
L...Adjustable Rate Rider I� Condominium Rider I 1 Second Home Rider
F Balloon Rider ❑ Planned Unit Development Rider 17 V.A.Rider
(x'- 1-4 Family Rider ❑ Biweekly Payment Rider
CKJ Mortgage Electronic Registration Systems,Inc.Rider
❑ Other(s)[specify]
(J) "Applicable taw"means all controlling applicable federal,state and local statutes,regulations,ordinances and admin-
istrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions.
(K) "Community Association Dues,Fees,and Assessments"means all dues.fees,assessments and other charges that
are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,or
similar paper instrument,which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
tape so as to order,instruct,or authorize a financial institution to debit or credit an account.Such term includes,but is not
limited to,point-of-sale transfers,automated teller machine transactions,transfers initiated by telephone,wire transfers,
and automated clearinghouse transfers.
(M)"Escrow Items"means those items that are described in Section 3.
(N) "Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third
party(other than insurance proceeds paid under the coverages described in Section 5)for.(i)damage to,or destruction
of,the Property;(ii)condemnation or other 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.
(0) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan.
(P) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note;plus(ii)
any amounts under Section 3 of this Security Instrument.
(Q) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C.§2601 et seq.)and its implementing regulation,
Regulation X(12 C.F.R.Part1024),as they might be amended from time to time,or any additional or successor legislation
or regulation that governs the same subject matter.As used in this Security Instrument,"RESPA"refers to all requirements
and restrictions that are imposed in regard to a"federally related mortgage loan"even if the Loan does not qualify as a
"federally related mortgage loan'under RESPA.
(R) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party
has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS(solely as nominee for Lender and Lender's successors and assigns)
and the successors and assigns of MERS 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 trust,with power of sale,the following described property located in the County
[Type of Recording Jurisdiction]
of Washington
[Name of Recording Jurisdiction]:
LOT 1,114TH PLACE,IN THE CITY OF TIGARD,COUNTY OF WASHINGTON AND STATE OF OREGON.
APN#: R269943
which currently has the address of 11631-11635 SW 114th PI,Tigard,
[street](City]
Oregon 97223 ("Property Address"):
(Zip Code]
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 understands and agrees
that MERS holds only legal title to the interests granted by Borrower in this Security Instrument,but,if necessary to comply
with law or custom,MERS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or
all of those interests.including,but not limited to.the right to foreclose and sell the Property;and to take any action required
of Lender including,but not limited to,releasing and canceling this Security Instrument.
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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 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 prionty 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 Sec-
tion 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.I n 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 Instru-
ment,as the phrase"covenant and agreement'is used in Section 9.If Borrower is obligated to pay Escrow Items directly,
pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under
Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.
Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15
and,upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this
Section 3.
Lender may,at any time,collect and hold Funds in an amount(a)sufficient to pen-nit 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
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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 forthe 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 Bor-
rower is performing such agreement: (b)contests the lien in good faith by, or defends against enforcement of the lien in,
legal proceedings which in Lenders opinion operate to prevent the enforcement of the lien while those proceedings are
pending,but only until such proceedings are concluded,or(c)secures from the holder of the lien an agreement satisfactory
to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to
a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within
10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth
above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used
by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire,hazards included within the term extended coverage,'and any other hazards including,but not
limited to,earthquakes and floods,for which Lender requires insurance.This insurance shall be maintained in the amounts
(including deductible levels)and for the periods that Lender requires.What Lender requires pursuant to the preceding sen-
tences 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 w0i this Loan,either:(a)a one-time charge for flood zone determination,certifica-
tion and tracking services.or(b)a one-time charge for flood zone determination and certification services and subsequent
charges each lime 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,Borrowers 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 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 pay-
ments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on
such insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds.Fees for
public adjusters,or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the
sole obligation of Borrower.If the restoration or repair is not economically feasible or Lender's security would be lessened.
the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the
excess,if any,paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2,
If Borrower abandons the Property, Lender may file negotiate and settle any available insurance claim and related
matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle
a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given.In either
event,or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's
rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instru-
ment,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.
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Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note
or this Security Instrument,whether or not then due.
6. Occupancy.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60
days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal resi-
dence 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 resid-
ing 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 respon-
sible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.
If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not relieved of
Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property.If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property.Lender shall give Borrower notice at the time of or
prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application.Borrower shall be in default if,during the Loan application process, Borrower or
any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,
misleading, or inaccurate information or statements to Lender(or failed to provide Lender with material information)in
connection with the Loan.Material representations include,but are not limited to, representations concerning Borrower's
occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If(a)Borrower
fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that
might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding
in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this 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 attomeys'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 underthis Section 9 shall become additional debtof Borrowersecured by this Security
Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with
such interest,upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.Borrower shall
not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease.Borrower shall
not,without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the
Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan,Borrower shall pay
the premiums required to maintain the Mortgage Insurance in effect.If,for any reason,the Mortgage Insurance coverage
required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower
was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay
the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost
substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,from an alternate mortgage
insurer selected by Lender.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue
to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased
to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage
Insurance.Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full,and
Lender shall not be required to pay Borrower any interest or eamings 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 pay-
ments 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 Bor-
rower 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 Bor-
rower 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 agree-
ments 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).
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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 Insur-
ance 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 nghtto hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such
Property to ensure the work has been completed to Lender's satisfaction,provided thatsuch 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 Miscel-
laneous 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 Lenders 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 evert of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Prop-
erty 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 Miscel-
laneous 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 party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right
of action in regard to Miscellaneous Proceeds
Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment,
could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this
Security Instrument. Borrower can cure such a default and, if acceleration has occurred,reinstate as provided in Section
19, by causing the action or proceeding to be dismissed with a ruling that,in Lenders judgment, precludes forfeiture of
the Property or other material impairment of Lenders interest in the Property or rights under this Security Instrument.The
proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are
hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
provided for in Section 2.
12. Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modifica-
tion 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, Lenders 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 cc-signer's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay
the sums secured by this Security Instrument; and (c)agrees that Lender and any other Borrower can agree to extend,
modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations
under this Security Instrument In writing,and is approved by Lender shall obtain all of Borrower's rights and benefits under
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this Security Instrument.Borrower shall not be released from Borrower's obligations and liability under this Security Instru-
ment unless Lender agrees to such release in writing.The covenants and agreements of this Security Instrument shall bind
(except as provided in Section 20)and benefit the successors and assigns of Lender.
14. Loan Charges.Lender may charge Borrower fees for services performed in connection with Borrower's default,
for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not
limited to,attorneys'fees,property inspection and valuation fees.In regard to any other fees,the absence of express author-
ity 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 inter-
est or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then: (a)
any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any
sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose
to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.If a refund
reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a
prepayment charge is provided for under the Note).Borrower's acceptance of any such refund made by direct payment to
Borrower will constitute a waiver of any right of action 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 notice to all Borrowers unless Applicable Law expressly requires otherwise.The notice address
shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.Borrower
shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address,then Borrower shall only report a change of address through that specified procedure.There may be
only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given
by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another
address by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been
given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under
Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing 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
wards or words of the feminine gender,(b)words in the singular shall mean and include the plural and vice versa:and(c)
the word'may"gives sole discretion without any obligation to take any action.
17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18,"Interest in the Property"
means any legal or beneficial interest in the Property,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 per-
son and a beneficial interest in Borrower is sold or transferred)without Lender's 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.
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. Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions,Borrower shall have the
right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of:(a)five days before
sale of the Property pursuant to any power of 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 sate might result in a change
in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instru-
ment and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable
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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 penod after the giving of such notice to take corrective
action,If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will
be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and opportunity to cure given to
Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 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 con-
taining 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 triggeran 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 Condi-
tion,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 appropnale 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 Environ-
mental Law of which Borrower has actual knowledge,(b)any Environmental Condition, including but not limited to,any
spilling,leaking,discharge.release or threat of release of any Hazardous Substance,and(c)any condition caused by the
presence,use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,
or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary 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 under Section 18
unless Applicable Law provides otherwise).The notice shall specify:(a)the default;(b)the action required to cure
the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must
be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in accel-
eration of the sums secured by this Security Instrument and sale of the Property.The notice shall further Inform
Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence
of a default or any other defense of Borrower to acceleration and sale.If the default is not cured on or before the
date specified in the notice,Lender at its option may require immediate payment in full of all sums secured by this
Security Instrument without further demand and may invoke 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 war-
ranty, 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.
OREGON--Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3038 1101
Ellie Mae,Inc. Page 8 of 10 OREDEED 0315
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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. Attomeys'Fees.As used in this Security Instrument and in the Note,attorneys'fees shall include those awarded
by an appellate court
26. Protective Advances.This Security Instrument secures any advances Lender,at its discretion,may make under
Section 9 of this Security Instrument to protect Lender's interest in the Property and rights under this Security Instrument.
27. Required Evidence of Property Insurance.
WARNING
Unless you provide us with evidence of the insurance coverage as required by our contractor 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.
JESSE IL DATE
(Seal)
VALERIA ALEJANDRA VAIL DATE
OREGON--Single F amily--rannie MaelFreddie Mac UNIFORM INSTRUMENT Form 30381/01
Ellie Mae,Inc Page 9 of 10 OREDEED 0315
OREDEED(CLS)
01/26/2016 04:39 PM PST
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City of Tigard
Building Department
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Adjustment—Type I Application Statement Required per 18.370.020 at 11631 SW 114" Place
To whom it may concern. I am requesting a development adjustment to reduce the front yard setback
at 11631 SW 114th Place by 25%for a small addition. This letter is to address the requirements per
paragraph 2 of subsection B in code 18.370-2.
a. A Demonstration that the adjustment requested is the least required to achieve the desired
effect. - I'm planning on building a small 6' bathroom addition. We currently have 23'-6" from
our property line to our structure. Per discussions I've had at the permit counter the property
line along Tigard Street is considered our front yard. Since that is the only side we can expand
to add the bathroom we would need an adjustment in the setback to allow sufficient space for
the addition. The 25% adjustment would allow us just enough space.
b. The adjustment will result in the preservation of trees, if trees are present in the development
area.—There are currently no trees in the development area so we sufficiently meet that
requirement.
c. The adjustment will not impede adequate emergency access to the site—The area of requested
adjustment does not affect access by emergency vehicles at all. Access is on the opposite side
of the property.
d. There is not a reasonable alternative to the adjustment which achieves the desired effect. —
Unfortunately due to the layout of the property there are no other options that would bring the
desired effect other than what is being proposed.
I appreciate your time in reviewing this request. The proposed adjustment in front yard setback is for an
addition with a very small footprint that would not have any adverse effects.
Sincerely,
Jesse Vail
18047 SW Lower Boones Ferry Rd.#125
Tigard, OR 97224
503.523.8222
ridethewaves@gmail.com