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MMD2016-00008
City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT Request for Permt Action T i G A R D 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503-718-2439 • www.tigard-or.gov TO: CITY OF TIGARD ?// //4' Building Division rr 13125 SW Hall Blvd.,Tigard,OR 97223 ;I Phone: 503-718-2439 Fax: 503-598-1960 TigardBuildingPermits@tigard-or.gov FROM: ❑ Owner Applicant ❑ Contractor ® City Staff Check(1)one REFUND OR Name: N/A INVOICE TO: (Business or Individual) Mailing Address: N/A City/State/Zip: N/A Phone No.: N/A PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (✓): CANCE OID PERMIT APPLICATION. "I D PERMIT FEES (attach copy of original receipt and provide explanation below). Ti INVOICE FOR FEES DUE (attach case fee schedule and provide explanation below). I REMOVE/REPLACE CONTRACTOR ON PERMIT (do not cancel permit). Permit#: MMD2016-00008 Site Address or Parcel #: 11686 SW Pacific Highway Project Name: Verizon Wireless Subdivision Name: N/A Lot #: N/A EXPLANATION: A••licant did not •rovide information from completeness letter wi ' - State-mandated 180-day timeline (ORS 227.178). Therefore, please void the applicati•. . No refund. Date: 8/15/16 Signature: ALA/ Print Name: Lina Smith Refund Policy 1. The city's Community Development Director,Building Official or City Engineer may authorize the refund of: • Any fee which was erroneously paid or collected. • Not more than 80%of the application or plan review fee when an application is withdrawn or canceled before review effort has been expended. • Not more than 80%of the application or permit fee for issued permits prior to any inspection requests. 2. All refunds will be returned to the original payer in the form of a check via US postal service. 3. Please allow 3-4 weeks for processing refund requests. FOR OFFICE USE ONLY Route to S s Admin: Date B Route to Records: Date ' "/- B Refund Processed: Date Al ' By •ire Invoice Processed: Date By Permit Canceled: Date 9/4(4/ B w� ' Parcel Tag Added: Date By I:\Building\Forms\RegPermitAction_0923 4.d APPLICANT MATERIALS RFreiheit . Ho TRANSMITTAL VIA OVERNIGHT DATE: FEBRUARY 2, 2016 RECEIVED TO: CITY OF TIGARD FEB 0 3 2016 COMMUNITY DEVELOPMENT CITY OF TIGARD 13125 HALL BLVD. TIGARD, OR 97223 PLANNING/ENGINEERING ATTN: LINA SMITH RE: VERIZON WIRELESS/ 11686 SW PACIFIC HIGHWAY/MINOR MODIFICATION APPLICATION PROJECT NUMBER: A15-619 WE ARE SENDING YOU: (1) APPLICANT'S STATEMENT/NARRATIVE (1) DEED (2) SITE PLAN AND ELEVATIONS THESE ARE TRANSMITTED: FOR YOUR APPROVAL FOR YOUR USE AND INFORMATION XX AS REQUESTED FOR REVIEW AND COMMENT REMARKS: Lina, please find enclosed project narrative, deed and site plan and elevations for this project. The application and fee will be coming under a separate cover from Oracle Contracting Services. Please let us know if you need anything else. Thanks. Sincerely, FREIHEIT & HO ARCHITECTS, INC., P.S. /7411141 i Thomas L. Spader, AIA Associate Principal CC: TEL 425 827 2100 FAx.425 828 6899 WEE www.FHOARCH.COM ADDREss.5209 Lake Washington Blvd N.E.I Ste 200 I Kirkland I WA 198033 itffiiMItItRffiftitififtftftftPftftIVIMitftftrt tftftRftftrUftffiftitfti:P Itftffif"rMititififCffifCRififtifiititRRftitititRft IfiftftifiitRftftftftififtififtftititl:itRftft MftftltitififtffiitftffiffiftftitftftitRitfti IMItitIMfCfCRfCiGRi ItiCi ftfCftftf: FREIHEIT£s HO ARCHITECTS,INC..RS. itf'tP.ftnItItPtftfti ltfCitP■IMItnftrtftIMI.f IVItitaf:R'Pr MIfiP.F.RiCitRftR'fCftfCffiR'P:iCiCifi IMIIIIVItiCF«PRRftR:f: RECEIVED City of Tigard. 11111 N COMMUNITY DEVELOPMENT DEPARTMENT FEB 16 2016 Minor Modification Type I Ap1 A . !1 1�1� ,AING TIGARD EER PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL Cor�sfrci dv1/21'4-died #r itiri we" a 4- ELEMENTS ti bra 4 s '' /2,4 dt€d fid4s a rksl Owner's Signature/Written rsC ' thonzation isle Transfer Instrument or Deed Site Plan(2 large plans drawn to scale d one reduced to 8.5"x111/2") Property address/location(s): 1/b L,t6 6 -5(41 ,e4a lir- Applicant's Statement/Narrative (2 copies)Address criteria in: IDC 18.360.050.8.1-11 Tax map and tax lot #(s): I 5136 (2 Vf700 Filing Fee Site size: ` 5.1 1:OIt STAFF LSE ON LV Applicant`:_Rraridon Passe - Oracle Contracting �/ �- CytPCase No.: ��/�16I t-�{,.�( Address: 3957 Irongate Rd. #100 Related Case No.(s): City/state: Bellingham WA Zip: 98226 Application Fee: Phone:360-988-8650Emai1: bpasse@buildoracle . com Application accepted: Date: . / /i0 PROPERTY OWNER/DEED HOLDER(S) ❑Same as Applicant Name: Application determined complete: Address: By: Date: City/state: Zip: — 1:tcunvurVw nwnt usa Applications Rms.11/24/2014 Contact name: Phone number: When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application in the space provided on the back of this form or submit a written authorization with this application. APPLICANT'S STATEMENT The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2)must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. In addition,the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards. Other requirements of this title such as clear vision,solid waste storage,non-conforming situations,signs,and tree removal may also be applicable depending on the type and location of the proposed modifications. laaniallialWasar City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • ww Ttigard-or.gov • 503-718-2421 • Page 1 of 2 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMENTS as described on the front of this application in the "Required Submittal Elements"box. 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 required. Brandon Passe 2/9/16 • .. c. is signature Print name Date Print name Owner's signature Date Ct-wner's signature Print name Date ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: Name: Address: Address: City/state: . Zip: City/state: Zip: Signature: Signature: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 NTN Pacific, LLC c/o Elliott Associates, Inc. 901 NE Glisan Street Portland, Oregon 97232 February 9, 2016 Re: 11686 SW Pacific Highway, Tigard, Oregon 97223 To Whom It May Concern: This is to inform you that Oracle Contracting Services has the authority to apply for a Minor Modification Type I Application for the property located at 11686 SW Pacific Highway, Tigard, Oregon 97223. NTN Pacific, LLC Lillian Logan Authorized Member (503) 972-7212 PROPERTY DETAIL REPORT REFERENCE ID 11686 SW PACIFIC HWY,PORTLAND,OR 97223 COUNTY DATA AS OF 01/25/2016 SUBJECT PROPERTY OWNER NAME NTN PACIFIC LLC/ELLIOT ASSOCIATES INC VESTING MAILING ADDRESS 15005 NW CORNELL RD,BEAVERTON,OR 97006 LOCATION INFORMATION LEGAL DESCRIPTION ACRES.69 COUNTY WASHINGTON,OR APN R0284310 ALTERNATE APN 1S136CD01700 CENSUS TRACT I 030700 1 1004 BLOCK MUNIC I TWNSHP TWNSHP I RNG I SEC 01S-01W-36 LEGAL LOT I BLOCK SUBDIVISION TRACT# LEGAL BOOK I PAGE LAST MA RIFT SALE SALE I REC DATE 01/19/2004 I SALE PRICE I TYPE $3,100,000 I DEED TYPE DEED 01/20/2004 CONFIRMED PRICE PER SQ.FT. $360 MULTI I SPLIT SALE NEW CONSTRUCTION SELLER NAME TOYAMA MAUI PLANTATION INC TRANSFER DOC 2004.4989 1ST MTG AMT I TYPE $2,000,000 I 1ST MTG RATE I TYPE I FIXED 1ST MTG DOC# 2004.4990 CONVENTIONAL 2ND MTG AMT I TYPE 2ND MTG RATE I TYPE LENDER STERLING SAVINGS BANK TITLE COMPANY TRANSNATION TITLE INSURANCE PRIOR MARKT SALE SALE I REC DATE 05/18/2000 I SALE PRICE I TYPE $2,500,000 I DEED TYPE 05/19/2000 1ST MTG AMT I TYPE $1,500,000 I 1ST MTG RATE I TYPE I FIX DOC# 2000.39586 CONVENTIONAL LENDER AMERICAN PACIFIC BANK PROPERTY CHARACTERISTICS GROSS LIVING AREA 11,924 SQ.FT TOTAL ROOMS YEAR BUILT I EFF R ���I�� LIVING AREA 11,924 SQ.FT BEDROOMS #OF STORIES TOTAL AD].AREA BATHROOMS(F I H) PARKING TYPE ABOVE GRADE POOL GARAGE CAPACITY FEB 0 3 2016 BASEMENT AREA 3,312 SQ.FT FIREPLACE GARAGE AREA STYLE AIR CONDITIONING PORCH TYPE CITY OF TICARD FOUNDATION HEAT TYPE PATIO TYPE PLANNING/ENGINEERING QUALITY EXTERIOR WALL WOOD ROOF TYPE CONDITION CONSTRUCTION TYPE ROOF MATERIAL SITE WDRMATION LAND USE STORE BUILDING ZONING C-G #OF BUILDINGS 1 STATE USE 2210 LOT AREA 30,056 SQ.FT WATER TYPE COUNTY USE 2210 LOT WIDTH I DEPTH SEWER TYPE ACRES 0.69 USABLE LOT RES I COMM UNITS I SITE INFLUENCE TAX INFORMATION ASSESSED YEAR 2015 ASSESSED VALUE $998,530 TAX EXEMPTION TAX YEAR 2015 LAND VALUE $524,850 TOTAL TAXABLE VALUE TAX AREA 023.81 IMPROVEMENT VALUE $473,680 MARKET VALUE $998,530 PROPERTY TAX $15,214.41 IMPROVED% 47.44% DELINQUENT YEAR ' I C©2015 DATA TRACE INFORMATION SERVICES LLC AND/OR ITS AFFI LIATES.ALL RIGHTS RESERVED. PAGE 1 OF 1 By Data Trace TRANSACTION HISTORY BASIC REFERENCE ID 11686 SW PACIFIC HWY,PORTLAND,OR 97223 COUNTY DATA AS OF 01/25/2016 SUBJECT PROPERTY OWNER NAME NTN PACIFIC LLC I ELLIOT ASSOCIATES INC VESTING MAILING ADDRESS 15005 NW CORNELL RD,BEAVERTON,OR 97006 APN# R0284310 DATES SALES MORTGAGES START DATE 01/01/1988 01/11/1988 THROUGH DATE 01/25/2016 01/25/2016 EVENT #1 : SALE I TRANSFER SALE DATE RECORDING DATE 01/20/2004 SALE PRICE $3,100,000 TITLE COMPANY TRANSNATION TITLE INSURANCE SALE TYPE CONFIRMED BUYER NTN PACIFIC LLC SELLER TOYAMA MAUI PLANTATION INC DEED TRANSFER 2004.4989 FINANCE FINANCE TYPE RESALE RECORDING DATE 01/20/2004 LOAN AMOUNT $2,000,000 BORROWER 1 NTN PACIFIC LLC LENDER STERLING SAVINGS BANK MORTGAGE LOAN TYPE CONVENTIONAL MORTGAGE RATE MORTGAGE RATE TYPE FIX MORTGAGE TERM TRUST DEED/MORTGAGE 2004.4990 EVENT #2 : SALE I TRANSFER SALE DATE RECORDING DATE 05/19/2000 SALE PRICE $2,500,000 TITLE COMPANY FIRST AMERICAN TITLE SALE TYPE BUYER TOYAMA HAWAII CORP SELLER P&F PROPERTIES OF THE N W DEED TRANSFER 2000.39586 FINANCE FINANCE TYPE RESALE RECORDING DATE 05/19/2000 LOAN AMOUNT $1,500,000 BORROWER 1 TOYAMA HAWAII CORP LENDER AMERICAN PACIFIC BANK MORTGAGE LOAN TYPE CONVENTIONAL MORTGAGE RATE MORTGAGE RATE TYPE FIX MORTGAGE TERM TRUST DEED/MORTGAGE 2000.39587 EVENT #3 : SALE I TRANSFER SALE DATE RECORDING DATE 12/30/1993 SALE PRICE $350,000 TITLE COMPANY FIRST AMERICAN TITLE SALE TYPE BUYER OCALLAGHAN,TIMOTHY M&NANCY N 1itIEFIEX' c'2015 DATA TRACE INFORMATION SERVICES LLC AND/OR ITS AFFI LIATES.ALL RIGHTS RESERVED. PAGE 1 OF 2 By,Data Trace • f SELLER PROBSTFIELD,JUDI DEED TRANSFER 1993.110322 IltIEFlEX ©2015 DATA TRACE INFORMATION SERVICES LLC AND/OR ITS AFFI LIATES.ALL RIGHTS RESERVED. PAGE 2 OF 2 By Data Trace Washington County,Oregon 2004-004989 I w 01/2012004 09:49:48 AM D-0W Cnt■1 Stn■10 D HOFFMAN $20.00$0.00$11.00$3,100.00•Total•$3,137.00 AFTER RECORDING,RETURN TO: 1111111 1111 11111 1111 1 NTN Pacific,LLCI,JsrryHanson0Dinctoro05 9200 0004984Taxation „ 0040045 DC) 15005 NW Cornell Road and Ex-Officio County Clerk for Washington County, Ar y�. Oregon,do hereby certify that the within Instrument of : ,,:,, Beaverton, OR 97006 writing was received and recorded In the book of s. records of said county. BAr ' Jerry R.Hanson,Director ornament and Taxation, `��pyyi►3 TAX STATEMENTS SHALL BE SENT TO: Ex.Offlclo County Clerk NTN Pacific, LLC 15005 NW Cornell Road Beaverton,OR 97006 WARRANTY DEED Toyama Maui Plantation, Inc.,a Hawaii corporation,Grantor,conveys and �.� warrants to NTN Pacific, LLC, an Oregon limited liability company,Grantee,the following described real estate located in Washington,County, Oregon,more fully described on Exhibit A attached hereto, free of encumbrances except as specifically set forth on Exhibit B attached Z m hereto. i g z The true and actual consideration for this conveyance is $3,100,000.00 arc I- THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY .1117. DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this day of January,2004 TOYAM M ft I P NTATION, INC. .ct a n,. WASHINGTON COUNTY B : ►�1�I► : $RPROP ARTY TRANSFER R T,:: t s: FEE PAID DATE 1 - Warranty Deed G:\Loganl393\Magnolia HiFi\Financing\DeedWarnty.doc-i;5nooa IIIIlI 111111 1 I1 11111111 III 2004-4989 STATE OF wM 1 ) }` )ss. County of Ikawii(-l1 The foregoing instrument was acknowledged before me this day of January 2004,by 1y n , of Toyama Maui Plantation, Inc.,a Hawaii corporation, on behalf of the corporation. Ctkito--) L•Gthal . ;� NotaryPublic for e Oc+zweat. • • . .`~~ My commission expires: U/9 21 2trri •• pU6 • s . •,,+•. . • • 2 - Warranty Deed G:\Logan 1393\Magnolia HiFi\Financing\DeedWarnry.doc-}/5/2004 IIIII I 2004-4989 Order No. 1231549w EXHIBIT A Legal Description Part of the George Richardson Donation Land Claim in the Southwest one-quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being a part of that particular tract conveyed from Hugo P. and Helen M. MacKay to Verne and Hazel E. Cotton by deed recorded in Book 226, Page 571, and also a part of that certain tract conveyed from Bernice E. Dobbins to Cyrus R. and Ellah A. Knight by • deed recorded in Book 288, Page 53 , both conveyances in Washington County Records of Deed and being more particularly described as follows: Beginning at a point of intersection of the Southwesterly line of the said Cotton tract with the Southeasterly right of way line of the SW Pacific Highway (O.S.H. 99-W) ; thence North 52°52' East along the said Southeasterly right of way line, a distance of 140 .00 feet to a point of intersection with the Northeasterly line of the said Cotton tract, said line also being the Southwesterly line of that certain tract conveyed to Clarence L. Chilson, et ux, by deed recorded in Book 124, Page 194, Washington County Records of Deeds; thence South 22°55' East along the said Northeasterly line the said Cotton tract and the Northeasterly line of the said Knight tract, a distance of 335.58 feet to the Southeast corner of the said Knight tract; thence North 85°22' West along the South line of the said Knight tract, a distance of 123 .85 feet to a point; thence North 28°58'40"West a distance of 245.28 feet to a point of beginning. EXCEPTING THEREFROM those portions dedicated for road purposes by instruments recorded October 8, 1999 as Fee No. 99114852 and recorded October 8, 1999 as Fee No. 9911853 . Exhibit A G:1Logan13931Magnolia HiFi'Financing\DeedWarnty doc-usnoa4 11111111 IIIIlI III 11111111 III 2004-4989 EXHIBIT B Exceptions and Encumbrances 1. Conditional easement, created by instrument,including the terms and provisions thereof, Dated : August 10, 1999 Recorded : August 19, 1999 Recorder's Fee No. : 99097160 In favor of : adjacent property owner's For : ingress and egress 2. An easement created by instrument,including the terms and provisions thereof, Dated: : September 14, 1999 Recorded : October 8, 1999 Recorder's Fee No. : 99114854 In favor of : City of Tigard For : sanitary and storm sewer Exhibit B G:\Logan13931MagnoliaHiFi\Financing\DeedWarnty.doc-1/5/2004 Washington County,Oregon 2004-004990 01/20/2004 09:49:48 AM �JJ 0•M Cnt■3 itn■16 D HOFFMAN $100.00$10.00$0.00$11.00•Total■$217.00 no- AFTER RECORDING,RETURN TO: 11111111110 II I 11111111111 \\, 00520250200400049900380387 STERLING SAVINGS BANK I,Jerry Hanson,Director of Assessment and Taxation and Ex-Offlclo County Clark for Washington County, Oregon,do hereby certify that the within Instrument of = ,� c/o Intervest-Mortgage Investment Company writing was received and recorded lnthe book of S' Attn:Donna Rutledge records of said county. 5285 S.W.Meadows Road,Suite 400 Jerry R.Haman,Director aaesement and Taxation, s'',144'' V/1 Lake Oswego,Oregon 97035 Ex-Officio County Clerk Document Title: Deed of Trust, Assignment of Rents and Security Agreement (and Fixture Filing) 3 (r- Grantor: NTN Pacific, LLC ‘J) Trustee: Transnation Title Insurance Company t\ Beneficiary: Sterling Savings Bank Principal Amount: $2,000,000.00 zo la Maturity Date: February 1,2014 zo DEED OF TRUST,ASSIGNMENT OF RENTS AND SECURITY AGREEMENT(AND FIXTURE FILING) F THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (AND FIXTURE FILING) (hereinafter called "Deed of Trust")is made this / day of January, 2004, between NTN PACIFIC, LLC, an Oregon limited liability company, w ose address is c/o Patrick H. Jensen, Esq., Jensen Draudt, LLP, 1000 SW Broadway, Suite 1950, Portland, Oregon 97205 (hereinafter called"Grantor");TRANSNATION TITLE INSURANCE COMPANY,whose address is 1515 SW Fifth Avenue,Suite 850,Portland,Oregon 97201 (hereinafter called"Trustee"); and STERLING SAVINGS BANK,whose address is c/o Intervest-Mortgage Investment Company, 5285 S.W. Meadows Road, Suite 400, Lake Oswego, Oregon 97035 (hereinafter called "Beneficiary"), WITNES SETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL, and CONVEY TO TRUSTEE IN TRUST,WITH POWER OF SALE,that property in the County of Washington,State of Oregon,described in Exhibit"A"attached hereto and by this reference incorporated herein,which is herein collectively called the "Property." TOGETHER WITH all right,title and interest of Grantor in and to all contract rights,chattel paper,rents,general intangibles and all accounts now in existence or hereafter acquired which arise G:\1\lntervest 81312\N\NTN Pacific\Deed.wpd 1 11111111 11111111111111 III III 2004-4990 out of the operation of the Property,including,but not limited to,all monies due and to become due thereunder and all guaranties and security for the payment of monies due and to become due thereunder; TOGETHER WITH all rents, issues, profits, royalties, income, room receipts and other benefits derived from the Property (collectively called "rents"), subject to the right, power and authority hereinafter given to Grantor to collect and apply such rents; TOGETHER WITH all leasehold estate,right,title and interest of Grantor in and to all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into; and all right, title and interest of Grantor thereunder, including, without limitation, all cash or security deposits,advance rentals, and deposits or payments of similar nature; TOGETHER WITH all right, title and interest of Grantor in and to all options to purchase or lease the Property or any portion thereof or interest therein,and any greater estate in the Property owned or hereafter acquired; TOGETHER WITH all interests, estate or other claims, both in law and in equity, which Grantor now has or may hereafter acquire in the Property; TOGETHER WITH all easements,rights-of-way and rights used in connection therewith or as a means of access thereto,and all tenements,hereditaments and appurtenances thereof and thereto, and all water rights and shares of stock evidencing the same; TOGETHER WITH all right,title and interest of Grantor,now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property; and any and all sidewalks, alleys, and strips and gores of land adjacent to or used in connection with the Property; TOGETHER WITH any and all buildings and improvements now or hereafter erected thereon,including,but not limited to,the fixtures, attachments,appliances,equipment,machinery and other articles attached to said buildings and improvements(the "Improvements"); TOGETHER WITH all right, title and interest of Grantor in and to all tangible personal property(the"Personal Property")owned by Grantor and now or at any time hereafter located on or at the Property or used in connection therewith,including,but not limited to,all goods,machinery, tools, insurance proceeds, equipment (including fire sprinklers and alarm systems, office air conditioning, heating, refrigerating, electronic monitoring, computers and computer equipment, entertainment,recreational,window or structural cleaning rigs, maintenance,exclusion of vermin or insects,removal of dust,refuse or garbage,and all other equipment of every kind),lobby and all other indoor and outdoor furniture, including tables, chairs,planters,desks,sofas,shelves,lockers and cabinets,wall beds,wall safes,furnishings,appliances,including ice boxes,refrigerators,fans, heaters, stoves, water heaters and incinerators, inventory, rugs, carpets and other floor coverings, draperies,drapery rods and brackets,awnings,window shades,curtains,lamps,chandeliers and other lighting fixtures, and office maintenance and other supplies; and all heating and incinerating apparatus and equipment whatsoever,all boilers,engines,motors,dynamos,generating equipment, piping and plumbing fixtures, ranges, cooking apparatus and mechanical kitchen equipment, refrigerators, cooling, ventilating, sprinkling and vacuum cleaning systems, fire extinguishing apparatus, gas and electric fixtures, carpeting, underpadding, elevators, escalators, partitions, mantles,built-in mirrors,blinds,screens,storm sash,furnishings of public spaces,halls and lobbies, and shrubbery and plants,other landscape improvements,including sprinkling and lighting systems; G:\I\Intervest St 312\N\NTN Pacif,c\Deed.wpd 2 1►111 MN IN I►►1111►1 2004-4990 and including also all interest of any owner of the said premises in any of such items hereafter at any time acquired under conditional sale contract, chattel mortgage or other title retaining or security instrument,all of which property mentioned in this paragraph shall be deemed part of the realty and not severable wholly or in part without material injury to the freehold;and TOGETHER WITH all the estate, interest, right, title, other claim or demand, including claims or demands with respect to the proceeds of insurance in effect with respect thereto,which Grantor now has or may hereafter acquire in the Property,and any and all awards made for the taking by eminent domain or by any proceeding or purchase in lieu thereof of the whole or any part of the Trust Estate, including,without limitation, any awards resulting from a change of grade of streets and awards for severance damages. The entire estate,property,and interest hereby conveyed to Trustee may hereafter be referred to as the "Trust Estate." FOR THE PURPOSE OF SECURING: 1. Payment of indebtedness in the original principal amount of Two Million Dollars ($2,000,000.00) with interest thereon, together with all costs and fees, including attorneys' fees, incurred by Beneficiary in enforcing the obligations of the Promissory Note, evidenced by that certain Promissory Note of even date herewith(the "Note"),executed by Grantor,which has been delivered to,and is payable to,the order of Beneficiary and which,by this reference,is made a part hereof, and any and all modifications, extensions and renewals thereof. Principal and interest are payable according to the Note,which matures February 1,2014. 2. Payment of all sums which may become due from Grantor or advances by Beneficiary or its successor,with interest thereon at the Note rate,which include but are not limited to,fire and other hazard insurance and taxes upon the real property herein described,according to the terms of this Deed of Trust; payment by Grantor of all attorneys' fees and costs incurred by Trustee or Beneficiary in foreclosing this Deed of Trust or realizing upon any of the collateral for the obligations which this Deed of Trust secures; payment by Grantor of all attorneys' fees and costs incurred by Trustee or Beneficiary in defending the priority or validity of this Deed of Trust or the title to the Property; payment by Grantor of all sums advanced by Beneficiary to or on behalf of Grantor for the purpose of clearing encumbrances or defects from the title to the Property described in this Deed of Trust where Beneficiary,in good faith,believes such encumbrances to be superior to the lien of the Deed of Trust, including, without limitation, payment of ad valorem taxes and mechanics'or materialmen's liens which may have gained priority over the lien of costs incurred by Trustee or Beneficiary in any bankruptcy proceedings or any reorganization or arrangement proceeding under the Bankruptcy Act affecting Grantor, this Deed of Trust, or the covenant of Grantor herein contained or incorporated herein by reference and payment of all other sums advanced by Beneficiary to protect the Trust Estate,with interest thereon at the Note rate. 3. Payment of all other sums,with interest thereon,which may hereafter be loaned to Grantor, its successors,or assigns,by Beneficiary, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. 4. Performance of each agreement, term and condition set forth or incorporated by reference in the Loan Commitment dated December 31,2003,from Beneficiary to Grantor,and any amendments thereto,which are incorporated herein by this reference or contained herein. This Deed of Trust, the Note, the Loan Commitment and any other instrument given to G:\I\Intetvest A13I2\N\NTN Pacific\Deed.wpd 3 11111111 111111 111111III III 2004-4990 evidence or further secure the payment and performance of any obligation secured hereby may hereafter be referred to as the "Loan Instruments." TO PROTECT THE SECURITY OF THIS DEED OF TRUST, GRANTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: ARTICLE I COVENANTS AND AGREEMENTS OF GRANTOR Grantor hereby covenants and agrees: 1.01 Warranties of Title and Authority. Grantor hereby represents and warrants that it is lawfully seized of an indefeasible fee title to the Property; that it has the authority and right to execute and deliver this Deed of Trust;that it shall defend the title to the Property against all claims and demands whatsoever; that the Property is free and clear of any and all liens, claims, encumbrances,restrictions,encroachments,and interest whatsoever in favor of any third party except as may be described in Exhibit "B" attached hereto, Beneficiary's title insurance policy, or as approved by Beneficiary in writing;that the Property is in compliance with and does not violate any applicable local,state,federal or other law,statute,rule or ordinance;and that any and all obligations it may have incurred in connection with the Property are current and without default. In the event any Grantor hereunder is a partnership, limited liability company or a corporation, each person executing this instrument on behalf of such entity individually and personally represents and warrants that this Deed of Trust and each other instrument signed in the name of such entity and delivered to evidence or further secure the obligations secured hereby is,in all respects,binding upon such entity as an act and obligation of said partnership,limited liability company or corporation. 1.02 Payment of Secured Obligations. To pay when due the principal of,and the interest on,the indebtedness evidenced by the Note;charges,fees,and all other sums as provided in the Loan Instruments;and the principal of,and interest on,any future advances secured by this Deed of Trust. 1.03 Maintenance,Repair, Alterations. To keep the Trust Estate in good condition and repair;not to remove,demolish,or substantially alter(except such alterations as may be required by laws,ordinances,or regulations)any of the Improvements;to complete promptly and in a good and workmanlike manner any building or other improvement which may be constructed on the Property and promptly restore in like manner any Improvement which may be damaged or destroyed thereon; to pay when due all claims for labor performed and materials furnished therefor;to comply with all laws,ordinances,regulations,covenants,conditions,and restrictions now or hereafter affecting the Trust Estate or any part thereof or requiring any alterations or improvements; not to commit or permit any waste or deterioration of the Trust Estate; to keep and maintain abutting grounds, sidewalks,roads,parking and landscape areas in good and neat order and repair;to comply with the provisions of any Lease; not to commit, suffer,nor permit any act to be done in or upon the Trust Estate in violation of any law,ordinance,or regulation. 1.04 Required Insurance. At all times to provide,maintain,and keep in force,or cause to be provided,maintained,and kept in force,the following policies of insurance: a. Insurance against loss or damage to the Improvements by fire and any of the risks covered by insurance of the type known as "broad form of extended coverage," and flood insurance(or evidence satisfactory to Beneficiary that the Property is not within a 100- year flood plain as defined in the Flood Disaster Protection Act of 1973, as amended) if required by federal law,in an amount not less than the greater of(i)the original amount of G:11Vntervut 813I21MNTN Pacit'ic\Deed.wpd 4 11111111111111111111 I I 111 III 2004-4990 the Note,(ii)one hundred percent(100%)of the full replacement cost of the Improvements (exclusive of the cost of excavations,foundations,and footings below the lowest basement floor),or(iii)an amount sufficient to prevent Grantor and/or Beneficiary from becoming a co-insurer within the terms of the applicable policies;and with not more than Five Thousand Dollars ($5,000.00) deductible from the loss payable for any casualty. The policies of insurance carried in accordance with this subparagraph a. shall contain the "Replacement Cost Endorsement"; b. Insurance against loss or damage to the Personal Property by fire and other risks covered by insurance of the type known as "fire and extended coverage"; c. Insurance against the loss of"rental value"of the buildings which constitute a part of the Property on a"rented or vacant basis" arising out of the perils insured against, pursuant to subparagraph a.above,in an amount equal to six(6)months'gross"rental value" of the Improvements. "Rental value," as used herein, is defined as the sum of(i)the total anticipated gross rental income from tenant occupancy or room receipts of such building as furnished and equipped by Grantor; (ii) the amount of all charges which are the legal obligation of tenants and which would otherwise be the obligation of Grantor; and(iii)the fair rental value of any portion of such building which is occupied by Grantor. The proceeds of such insurance shall be assigned to Beneficiary,to be applied in payment of the interest and principal of the Note secured by this Deed of Trust, insurance premiums, taxes, assessments, and private impositions until such time as such building shall have been restored and placed in full operation,at which time,provided Grantor is not then in default under this Deed of Trust,the balance of such insurance proceeds,if any,held by Beneficiary shall be returned to Grantor; d. General liability insurance (in connection with which Beneficiary is to be named insured)against claims for bodily injury or death or for damage or injury to property occurring upon,in or about the Property, in such amount as may be reasonably required by Beneficiary but in no event less than One Million Dollars($1,000,000.00)for bodily injury for one person for each occurrence and One Million Dollars ($1,000,000.00) for property damage for each occurrence. Such insurance shall be in form satisfactory to Beneficiary and provide that it may not be cancelled without ten(10)days'prior notice to Beneficiary. e. Such other insurance and in such amounts as may, from time to time, be required by Beneficiary against the same or other hazards. f. All policies of insurance required by the terms of this Deed of Trust shall contain a CP 12 and a BFU forms of endorsement or their equivalent. 1.05 Delivery of Policies;Payment of Premiums. That all policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of insurance shall have attached thereto a lender's loss payable endorsement for the benefit of Beneficiary in form satisfactory to Beneficiary. Grantor shall furnish Beneficiary with an original policy of all policies of required insurance. If Beneficiary consents to Grantor providing any of the required insurance through blanket policies carried by Grantor and covering more than one (1) location,then Grantor shall furnish Beneficiary with a certificate of insurance for each such policy setting forth the coverage,the limits of liability,the name of the carrier,the policy number,and the expiration date. At least thirty(30)days prior to the expiration of each such policy, Grantor shall furnish Beneficiary with evidence satisfactory to Beneficiary of the payment of premium and the re- issuance of a policy continuing insurance in force as required by this Deed of Trust. All such G:U\lntervest 81312\N\NTN Pacific\Deed.wpd 5 IIl1IIlI11II1IlIl1il III1l 2004-4990 policies shall contain a provision that such policies will not be cancelled or materially amended, which term shall include any reduction in the scope or limits of coverage without at least thirty(30) days' prior written notice to Beneficiary. In the event Grantor fails to provide, maintain, keep in force, or deliver and furnish to Beneficiary the policies of insurance required by this section, Beneficiary may procure such insurance or single-interest insurance for such risks covering Beneficiary's interest, and Grantor will pay all premiums thereon promptly upon demand by Beneficiary and,until such payment is made by Grantor,the amount of all such premiums,together with interest thereon at the Note rate, shall be secured by this Deed of Trust. Upon the occurrence of an event of default under Section 4.01 herein, Beneficiary may require Grantor to deposit with Beneficiary in monthly installments, an amount equal to one-twelfth (1/12) of the estimated aggregate annual insurance premiums on all policies of insurance required by this Deed of Trust. In such event, Grantor further agrees,upon Beneficiary's request,to cause all bills, statements, or other documents relating to the foregoing insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills,statements,or other documents and providing Grantor has deposited sufficient funds with Beneficiary pursuant to this Section 1.05,Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the funds deposited with such Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due, Beneficiary shall notify Grantor and Grantor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing,nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section 1.05. Beneficiary may commingle said reserve with its own funds and Grantor shall be entitled to no interest thereon. WARNING Unless Grantor provides Beneficiary with evidence of the insurance coverage as required herein, Beneficiary may purchase insurance at Grantor's expense to protect Beneficiary's interest. This insurance may,but need not, also protect Grantor's interest. If the Property becomes damaged, the coverage Beneficiary has purchased may not pay any claim Grantor makes or any claim made against Grantor. Grantor may later cancel coverage purchased by Beneficiary by providing evidence that Grantor has obtained the required coverage elsewhere. Grantor is responsible for the cost of any insurance purchased by Beneficiary. The cost of this insurance may be added to Grantor's loan balance. If the cost is added to Grantor's loan balance,the interest rate on the underlying loan will apply to this additional amount. The effective date of coverage may be the date the prior coverage lapsed or the date Grantor failed to provide proof of coverage. The coverage Beneficiary purchases may be considerably more expense than insurance Grantor can obtain on its own, and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by applicable law. 1.06 Assignment of Policies Upon Foreclosure. In the event of foreclosure of this Deed of Trust or other transfer of title or assignment of the Trust Estate in extinguishment,in whole or in part, of the debt secured hereby, all right, title, and interest of Grantor in and to all policies of insurance required by Section 1.04 shall inure to the benefit of and pass to the successor in interest to Grantor or the purchaser or grantee of the Trust Estate. 1.07 Indemnification; Subrogation; Waiver of Offset. G:\I\Intervest 81312\N\NTN Pacitiic\Deed.wpd 6 11111E110111111111111111 2004-4990 a. If Beneficiary is made a party defendant to any litigation concerning this Deed of Trust or the Trust Estate or any part thereof or interest therein,or the occupancy thereof by Grantor, then Grantor shall indemnify, defend, and hold Beneficiary harmless from all liability by reason of said litigation, including attorneys' fees and expenses incurred by Beneficiary in any such litigation,whether or not any such litigation is prosecuted to judg- ment. If Beneficiary commences an action against Grantor to enforce any of the terms hereof or because of the breach by Grantor of any of the terms hereof or for the recovery of any sum secured hereby,Grantor shall pay to Beneficiary attorneys'fees and expenses,and such fees and expenses shall be deemed to have accrued on the commencement of such action, and shall be enforceable whether or not such action is prosecuted to judgment. If Grantor breaches any term of this Deed of Trust,Beneficiary may employ an attorney or attorneys to protect its rights hereunder and, in the event of such employment following any breach by Grantor,Grantor shall pay Beneficiary attorneys'fees and expenses incurred by Beneficiary, whether or not an action is actually commenced against Grantor by reason of such breach. b. Grantor waives any and all right to claim or recover against Beneficiary, its officers,employees,agents,and representatives,for loss of or damage to Grantor,the Trust Estate,Grantor's property,or the property of others under Grantor's control from any cause insured against or required to be insured against by the provisions of this Deed of Trust. c. All sums payable by Grantor hereunder shall be paid without notice,demand, counterclaim, setoff, deduction,or defense and without abatement,suspension,deferment, diminution,or reduction;and the obligations and liabilities of Grantor hereunder shall in no way be released,discharged,or otherwise affected(except as expressly provided herein)by reason of(i)any damage to or destruction of or any condemnation or similar taking of the Trust Estate or any part thereof;(ii)any restriction or prevention of or interference with any use of the Trust Estate or any part thereof; (iii) any title defect or encumbrance or any eviction from the Property or the Improvements or any part thereof by title paramount or otherwise; (iv) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution,liquidation,or other like proceeding relating to Beneficiary,or any action taken with respect to this Deed of Trust by any trustee or receiver of Beneficiary,or by any court, in any such proceeding;(v)any claim which Grantor has or might have against Beneficiary; (vi) any default or failure on the part of Beneficiary to perform or comply with any of the terms hereof or of any other agreement with Grantor; or (vii) any other occurrence whatsoever,whether similar or dissimilar to the foregoing and whether or not Grantor shall have notice or knowledge of any of the foregoing. Except as expressly provided herein, Grantor waives all rights now or hereafter conferred by statute or otherwise to any abatement, suspension,deferment,diminution,or reduction of any sum secured hereby and payable by Grantor. 1.08 Taxes and Impositions. a. Grantor agrees to pay or cause to be paid, at least ten (10) days prior to delinquency,all real property taxes and assessments,general and special,and all other taxes and assessments of any kind or nature whatsoever, including, without limitation nongovernmental levies or charges resulting from covenants, conditions, and restrictions affecting the Trust Estate,which are assessed or imposed upon the Trust Estate or become due and payable, and which create, may create, or appear to create a lien upon the Trust Estate or any part thereof or upon any Personal Property, equipment,or other facility used in the operation or maintenance thereof (all of which taxes, assessments, and other governmental charges of like nature are hereinafter referred to as"Impositions");provided, G'\1\lntervest 81312\N1NTN Pacific\Deed.wpd 7 Il11Il I II 111 11Ill l 11 I II III 2004-4990 however,that if,by law,any such Imposition is payable or may,at the option of the taxpayer, be paid in installments, Grantor may pay or cause to be paid the same, together with any accrued interest on the unpaid balance of such Imposition, in installments as the same become due; and before any fine, penalty, interest, or cost may be added thereto for the nonpayment of any such installment and interest. b. If, at any time after the date hereof,there shall be assessed or imposed (i)a tax or assessment on the Trust Estate in lieu of or in addition to the Impositions payable by Grantor pursuant to subparagraph a.hereof;or(ii)a license fee,tax,or assessment imposed on Beneficiary and measured by or based in whole or in part upon the amount of the outstanding obligations secured hereby, then all such taxes, assessments, or fees shall be deemed to be included within the term "Impositions" as defined in subparagraph a. hereof; and Grantor shall pay and discharge or cause to be paid and discharged the same as herein provided with respect to the payment of Impositions or, at the option of Beneficiary, all obligations secured hereby, together with all accrued interest thereon, shall immediately become due and payable. Anything to the contrary herein notwithstanding, Grantor shall have no obligation to pay any franchise,estate,inheritance,income,excess profits,or similar tax levied on Beneficiary or on the obligations secured hereby. c. Subject to the provisions of subparagraph d. of this Section 1.08, Grantor covenants to furnish to Beneficiary,within forty-five(45)days after the date upon which any such Imposition is due and payable by Grantor, official receipts of the appropriate taxing authority or other proof satisfactory to Beneficiary evidencing the payments thereof. d. Grantor shall have the right, before any delinquency occurs, to contest or object to the amount or validity of any such Imposition by appropriate legal proceedings,but this shall not be deemed or construed in any way as relieving, modifying, or extending Grantor's covenant to pay or cause to be paid any such Imposition at the time and in the manner provided in this Section 1.08, unless Grantor has given prior written notice to Beneficiary of Grantor's intent to so contest or object to an Imposition; and unless, at Beneficiary's sole option,(i)Grantor shall demonstrate to Beneficiary's satisfaction that the legal proceedings shall conclusively operate to prevent the sale of the Trust Estate or any part thereof to satisfy such Imposition prior to final determination of such Proceedings; or (ii) Grantor shall furnish a good and sufficient bond or surety as requested by and satisfactory to Beneficiary;or(iii)Grantor shall have provided a good and sufficient undertaking as may be required or permitted by law to accomplish a stay of such proceedings. e. Upon the occurrence of an event of default under Section 4.01 herein, Beneficiary may require Grantor to pay to Beneficiary, on the day monthly installments of principal and interest are payable under the Note and until the Note is paid in full,an amount equal to one-twelfth(1/12)of the annual Impositions reasonably estimated by Beneficiary to pay the installment of taxes next due on the Trust Estate. In such event,Grantor further agrees to cause all bills,statements,or other documents relating to Impositions to be sent or mailed directly to Beneficiary. Upon receipt of such bills, statements, or other documents and providing Grantor has deposited sufficient funds with Beneficiary pursuant to this Section 1.08,Beneficiary shall pay such amounts as may be due thereunder out of the funds so deposited with Beneficiary. If,at any time and for any reason,the funds deposited with Beneficiary are or will be insufficient to pay such amounts as may then or subsequently be due,Beneficiary shall notify Grantor and Grantor shall immediately deposit an amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to pay G:\I\lntervest 8I3121N\NTN Pacific\Deed.wpd 8 1111111111111111111111111111 2004-4990 any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this Section 1.08. Beneficiary shall not be obliged to pay or allow any interest on any sums held by Beneficiary pending disbursement or application hereunder, and Beneficiary may impound or reserve for future payment of Impositions such portion of such payments as Beneficiary may in its absolute discretion deem proper,applying the balance on the principal of or interest on the obligations secured hereby. Should Grantor fail to deposit with Beneficiary (exclusive of that portion of said payments which has been applied by Beneficiary on the principal of or interest on the indebtedness secured by the Loan Instruments) sums sufficient to fully pay such Impositions at least thirty(30) days before delinquency thereof,Beneficiary may,at Beneficiary's election,but without any obligation so to do,advance any amounts required to make up the deficiency,which advances,if any, shall be secured hereby and shall be repayable to Beneficiary as herein elsewhere provided or,at the option of Beneficiary,the latter may,without making any advance whatever,apply any sums held by it upon any obligation of the Grantor secured hereby. Should any default occur or exist on the part of the Grantor in the payment or performance of any of Grantor's and/or any guarantor's obligations under the terms of the Loan Instruments,Beneficiary may, at any time at Beneficiary's option,apply any sums or amounts in its hands received pursuant hereto, or as rents or income of the Trust Estate or otherwise, upon any indebtedness or obligation of the Grantor secured hereby in such manner and order as Beneficiary may elect. The receipt,use or application of any such sums paid by Grantor to Beneficiary hereunder shall not be construed to affect the maturity of any indebtedness secured by this Deed of Trust or any of the rights or powers of Beneficiary or Grantor under the terms of the Loan Instruments or any of the obligations of Grantor and/or any guarantor under this Loan Instrument. f. Grantor covenants and agrees not to suffer, permit, or initiate the joint assessment of the real and personal property,or any other procedure whereby the lien of the real property taxes and the lien of the personal property taxes shall be assessed, levied or charged to the Trust Estate as a single lien. g. If requested by Beneficiary,Grantor shall cause to be furnished to Beneficiary a tax reporting service covering the Trust Estate of the type, duration and with a company satisfactory to Beneficiary. 1.09 Utilities. To pay or cause to be paid when due all utility charges which are incurred by Grantor for the benefit of the Trust Estate or which may become a charge or lien against the Trust Estate for gas, electricity, water or sewer services furnished to the Trust Estate and all other assessments or charges of a similar nature,whether public or private,affecting the Trust Estate or any portion thereof,whether or not such taxes, assessments or charges are liens thereon. 1.10 Ground Leases. To pay when due all rents and other payments and perform all covenants and agreement contained in any lease, sublease or ground lease which may constitute a portion of or an interest in the Trust Estate;not surrender,assign or sublease any such lease,sublease or ground lease,nor take any action which would effect or permit the termination of any such lease, sublease or ground lease. If requested by Beneficiary Grantor covenants to furnish to Beneficiary within thirty(30)days after the date upon which such rents or other payments are due and payable by Grantor,receipts or other evidence satisfactory to Beneficiary evidencing the payment thereof. 1.11 Actions Affecting Trust Estate. To appear in and contest any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys'fees,in any such action or G:\I\Intervest 81312\N\NTN Pacific\Deed.wpd 9 1111111111111111111111111 I11 2004-4990 proceeding in which Beneficiary or Trustee may appear. 1.12 Actions by Trustee and/or Beneficiary to Preserve Trust Estate. That should Grantor fail to make or cause to be made any payment or to do or cause to be done any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its own discretion,without obligation so to do and without notice to or demand upon Grantor and without releasing Grantor from any obligation,may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. In connection therewith (without limiting their general powers),Beneficiary and/or Trustee shall have and are hereby given the right, but not the obligation, (i) to enter upon and take possession of the Trust Estate; (ii) to make additions,alterations,repairs and improvements to the Trust Estate which they or either of them may consider necessary or proper to keep the Trust Estate in good condition and repair;(iii)to appear and participate in any action or proceeding affecting or which may affect the security hereof or the rights or powers of Beneficiary or Trustee;(iv)to pay,purchase,contest or compromise any encumbrance, claim,charge,lien or debt which in the judgment of either may affect or appears to affect the security of this Deed of Trust or be prior or superior hereto; and (v) in exercising such powers, to pay necessary expenses,including employment of counsel or other necessary or desirable consultants. Grantor shall,immediately upon demand therefor by Beneficiary,pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title,court costs,appraisals,surveys and attorneys'fees. All costs,charges and expenses so incurred shall accrue interest at the rate set forth herein,and shall be secured by the lien of this Deed of Trust. 1.13 Additional Security. That in the event Beneficiary at any time holds additional security for any of the obligations secured hereby,it may enforce the sale thereof or otherwise realize upon the same,at its option,either before or concurrently herewith or after a sale is made hereunder. 1.14 Appointment of Successor Trustee. That in the event of dissolution or resignation of the Trustee,Beneficiary may substitute a trustee or trustees to execute the trust hereby created, and when such substitution has been filed for record in the office of the Recorder of the County in which the Trust Estate is located,it shall be conclusive evidence of the appointment of such trustee or trustees, and such new trustee or trustees shall succeed to all of the powers and duties of the trustee or trustees named herein. 1.15 Successors and Assigns. That this Deed of Trust applies to,inures to the benefit of and binds all parties hereto,their heirs,legatees,devisees,administrators,executors,successors and assigns. The term"Beneficiary"shall mean the owner and holder of the Note,whether or not named as Beneficiary herein. In this Deed of Trust,whenever the context so requires,the masculine gender includes the feminine and/or neuter,and the singular number includes the plural. 1.16 Inspections. That Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon or in any part of the Trust Estate for the purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of any of the Loan Instruments. 1.17 Liens. To pay and promptly discharge or cause to be paid and discharged,at Grantor's cost and expense,all liens,encumbrances and charges upon the Trust Estate,or any part thereof or interest therein which have priority over this Deed of Trust; Grantor shall have the right to contest in good faith the validity of any such lien, encumbrance or charge, provided Grantor shall first deposit with Beneficiary a bond or other security satisfactory to Beneficiary in such amounts as Beneficiary shall reasonably require,but not more than one and one-half(150%)of the amount of G:\1Untervest 81312\N\NTN Pacific\Deed.wpd 10 1111111 1111111 111I111111111I 2004-4990 the claim, and provided further that Grantor shall thereafter diligently proceed to cause such lien, encumbrance or charge to be removed and discharged. If Grantor shall fail to discharge any such lien, encumbrance or charge, then, in addition to any other right or remedy of Beneficiary, Beneficiary may, but shall not be obligated to, discharge the same, either by paying the amount claimed to be due, or by procuring the discharge of such lien by depositing in court a bond or the amount claimed or otherwise giving security for such claim, or in such manner as is or may be prescribed by law. 1.18 Trustee's Powers. At any time,or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and the Note secured hereby for endorsement,and without affecting the personal liability of any person for payment of the indebtedness secured hereby or the effect of this Deed of Trust upon the remainder of said Trust Estate,Trustee may(i)reconvey any part of said Trust Estate; (ii)consent in writing to the making of any map or plat thereof; (iii)join in granting any easement thereon;or(iv)join in any extension agreement or any agreement subordinating the lien or charge hereof. 1.19 Beneficiary's Powers. Without affecting the liability of any other person liable for the payment of any obligation herein mentioned,and without affecting the lien or charge of this Deed of Trust upon any portion of the Property not then or theretofore released as security for the full amount of all unpaid obligations,Beneficiary may,from time to time at the request of any one of the Grantors,or their successors or assigns and without notice(i)release any person so liable;(ii)extend the maturity or alter any of the terms of any such obligation;(iii)grant other indulgences;(iv)release or reconvey,or cause to be released or reconveyed at any time at Beneficiary's option any parcel or portion of the Trust Estate so long as the release or reconveyance does not materially affect the security value of the Trust Estate; (v) take or release any other or additional security for any obligation herein mentioned; or (vi) make compositions or other arrangements with debtors in relation thereto. By accepting payment of any obligation herein mentioned after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other obligations herein mentioned or to declare default for failure so to pay. 1.20 Financial Statements. Grantor will keep full,complete and correct books of account reflecting transactions relating to the Property and at any and all times permit Beneficiary by its agents or attorneys to examine all of his books of accounts,records,reports and other papers relating to the Property,and to take copies and extracts therefrom and to examine the Property. Grantor will furnish to the Beneficiary as soon as available,and in any event within ninety(90)days after the end of each fiscal year of Grantor, certified as correct by Grantor or the Property manager, copies of operating statements showing the gross income(itemized as to minimum and percentage rent and other sources)during the preceding fiscal year received from the operations of the Property and the expenses of maintaining the Property(itemized including depreciation charges)during the preceding fiscal year. Concurrently with the furnishing of the aforesaid financial statements, Grantor will deliver to Beneficiary a statement of income of Grantor for such fiscal year. In addition, Grantor shall furnish Beneficiary,within sixty(60)days from the end of each fiscal year,a rent roll,including but not limited to a listing of each tenant,the space occupied,the amount of rent and the expiration of the lease. Grantor shall also furnish to Beneficiary,within sixty(60)days after the end of each calendar quarter, unaudited statements setting forth rental income and expenditures relating to the Premises for such quarter, certified to as being correct by Grantor. In the event Grantor fails to furnish any of the financial statements hereinabove required,Beneficiary may cause an audit to be made,at Grantor's sole cost and expense,of the respective books and records. 1.21 Trade Names. At the request of Beneficiary, Grantor shall execute a certificate in form satisfactory to Beneficiary listing the trade names under which Grantor intends to operate the G\IUntervest 813I2\N\NTN Pacihc\Deed.wpd 11 11111111 III1111111111I III III 2004-4990 Trust Estate,and representing and warranting that Grantor does business under no other trade names with respect to the Trust Estate. Grantor shall immediately notify Beneficiary in writing of any change in said trade names,and will,upon request of Beneficiary,execute any additional financing statements and other certificates revised to reflect the change in trade name. 1.22 Application of Insurance and Awards. a. Grantor will give the Beneficiary prompt notice of any damage to or destruction of the Property, and in case of loss covered by policies of insurance the Beneficiary (whether before or after foreclosure sale) is hereby authorized at its option without the consent of the Grantor to settle and adjust any claim arising out of such policies and collect and receipt for the proceeds payable therefrom. Any expense incurred by the Beneficiary in the adjustment and collection of insurance proceeds(including the cost of any independent appraisal of the loss or damage on behalf of Beneficiary)shall be reimbursed to the Beneficiary first out of any proceeds. In the event of any insured damage to or destruction of the Property,or any part thereof,Beneficiary,in its sole discretion,may apply the proceeds or any part thereof upon or in reduction of the indebtedness secured hereby then most remotely to be paid, whether due or not, without the application of any prepayment premium, or may apply the same to the restoration or repair of the Trust Estate, in which event,provided no default or an event of default be existing under this Deed of Trust or the Note,the proceeds of insurance shall be applied to reimburse the Grantor for the cost of so restoring or repairing the Trust Estate with the proceeds to be paid out in the manner as provided for in Section 1.22 c.hereof;provided,always,that Grantor shall pay all costs of restoring or repairing, in excess of the proceeds of insurance. b. Grantor will give Beneficiary prompt notice of any action, actual or threatened,in condemnation or eminent domain and hereby assigns,transfers,and sets over to the Beneficiary the entire proceeds of any award or claim for damages for all or any part of the Trust Estate taken or damaged under the power of eminent domain or condemnation, the Beneficiary being hereby authorized to intervene in any such action in the name of Grantor and to collect and receive from the condemning authorities and give proper receipts and acquittances for such proceeds. Any expenses incurred by the Beneficiary in intervening in such action or collecting such proceeds shall be reimbursed to the Beneficiary first out of the proceeds. The Beneficiary may elect to apply the proceeds of the award upon or in reduction of the indebtedness secured hereby then most remotely to be paid,whether due or not,without application of any prepayment premium,or to apply the same to the restoration or repair of the Trust Estate, in which event,provided no default or an event of default be existing under this Deed of Trust or the Note, the proceeds shall be applied to reimburse Grantor for the cost of such restoration or repair with the proceeds of the award to be paid out in the manner provided for in Section 1.22 c.hereof;provided,always Grantor shall pay all costs of such restoring or repairing in excess of the proceeds. c. Should any insurance or condemnation proceeds be applied to the restoration or repair of the Trust Estate the restoration or repair shall be done under the supervision of an architect acceptable to Beneficiary and pursuant to plans and specifications approved by Beneficiary. In such case the proceeds shall be held by Beneficiary for such purposes and will from time to time be disbursed by Beneficiary to defray the costs of such restoration or repair under such safeguards and controls as Beneficiary may reasonably require to assure completion in accordance with the approved plans and specifications and free of liens or claims. Any surplus which may remain after payment of all costs of restoration or repair may at the option of Beneficiary be applied on account of the indebtedness secured hereby then G:\I\Intervest 81312\N1NTN Pactfic\Deed.wpd 12 11111111111111 III 2004-4990 most remotely to be paid, whether due or not, without application of any prepayment premium or shall be returned to Grantor as its interest may appear,the choice of application to be solely at the discretion of Beneficiary. d. Notwithstanding anything to the contrary contained in this Section 1.22, in the event of insured damage to the improvements or in the event of a taking by condemnation of only a portion of the improvements or land area of the Trust Estate and provided the portion remaining can,with restoration or repair,continue to be operated for the purposes utilized immediately prior to such damage or taking,and if the appraised value of the Trust Estate after such restoration or repair shall not have been reduced,and provided further,no event of default exists under this Deed of Trust,the Beneficiary agrees to make the proceeds available to the restoration or repair of the improvements on the Trust Estate in accordance with the provisions of Section 1.22 c. hereof. 1.23 Repayment of Advances. Upon receipt of notice, Grantor shall repay immediately all sums expended or advanced hereunder by or on behalf of Beneficiary or Trustee,with interest from the date of such advance or expenditure at the rate contained in the Note,and the repayment thereof shall be secured hereby. Failure to repay such expenditure or advance and interest thereon within ten (10) days of such notice will, at Beneficiary's option, constitute an event of default hereunder; or Beneficiary may,at its option,commence an action against Grantor for the recovery of such expenditure or advance and interest thereon, and in such event Grantor agrees to pay, in addition to the amount of such expenditure or advance, all costs and expenses incurred in such action,together with attorney's fees. ARTICLE II ASSIGNMENT OF RENTS,ISSUES AND PROFITS 2.01 Assignment of Rents and Profits Under All Leases and Rental Agreements. Grantor absolutely and irrevocably assigns to Beneficiary the rents, issues and profits (including room receipts)of the Trust Estate and all of the right,title and interest of Grantor in and under all leases and rental agreements now or hereafter affecting said Trust Estate are hereby assigned and transferred to Beneficiary as evidenced by an Assignment of Leases and Cash Collateral executed contemporaneously herewith by Grantor in favor of Beneficiary and by reference included herein. So long as no default shall exist in compliance with any covenants,terms,conditions or obligations hereof or of any other instrument at any time executed with respect to this Deed of Trust, Grantor may collect assigned rents and profits as the same fall due, but upon the occurrence of any such default, all right of Grantor to collect or receive rents or profits shall wholly terminate. All rents, issues or profits receivable from or in respect to said Trust Estate which Grantor shall be permitted to collect hereunder shall be received by it in trust to pay the usual and reasonable operating expenses of,and the taxes upon,said Trust Estate and the sums owing to Beneficiary as they become due and payable as provided in this Deed of Trust or in the said Note or in any modification of either. Grantor hereby agrees: a. It will promptly perform and observe all the terms,covenants and conditions required to be performed and observed by it, as landlord under all leases and rental agreements and will do all things necessary to preserve and keep unimpaired its rights thereunder and will maintain all leases and rental agreements in full force and effect and will enforce the same and will take such action to that end as Beneficiary may request; b. It will not create,nor permit any lien,charge or encumbrance upon its interest G:\IUntervest 81312\N\NTN Pacific\Deed.wpd 13 11111111011111111110fi 2004-4990 as landlord of the leases or rental agreements except the lien of this Deed of Trust and except as provided in this Deed of Trust; c. It will not,without the written consent of Beneficiary, collect or permit the collection of any rental payment under any of the leases or rental agreements for a period of more than one(1)month in advance of the date on which such payment is due. All leases or rental agreements of the whole or any part of the Trust Estate shall be subject and subordinate to the lien of this Deed of Trust unless Beneficiary consents in writing to the priority of certain leases or rental agreements. Subject to any provisions in any specific lease to the contrary,Beneficiary may,at its option,require that specific leases be made superior to the lien of this Deed of Trust. Grantor shall pay all costs incident to making such leases superior to such lien, including attorneys' fees. In the event of any default hereunder and the exercise by Beneficiary of its rights hereby granted,Grantor agrees that payments made by tenants or occupants to Beneficiary shall, as to such tenants, be considered as though made to Grantor and in discharge of tenants' obligations as such to Grantor. Nothing herein contained shall be construed as obliging Beneficiary to perform any of Grantor's covenants under any lease or rental agreement. Grantor shall execute and deliver to Beneficiary upon demand any further or supplemental assignments deemed desirable by Beneficiary in order to further carry out and confirm the intentions of this paragraph and upon failure of Grantor so to comply,Beneficiary may,in addition to any other rights or remedies,at its option,declare all obligations secured by this Deed of Trust to be immediately due and payable. 2.02 Leases. Grantor agrees as follows: a. To fully comply with all of the terms,conditions and provisions of all leases on said Trust Estate so that the same shall not become in default and to do all that is needful to preserve all said leases in force. b. To permit no assignment of any lease,or any subletting thereunder unless the right to assign or sublet is expressly reserved by the lessee under such lease. c. That save and except for taxes and assessments provided to be paid by Grantor as specified in Paragraph 1.08 Grantor will not create or suffer or permit to be created,subsequent to the date of the execution and delivery of this Deed of Trust,any lien or encumbrance which may be or become superior to any lease affecting said Trust Estate. d. That if any part of the automobile parking areas included within said Trust Estate is taken by condemnation or before said areas are otherwise reduced, Grantor will provide parking facilities in kind, size and location to comply with all leases, and before making any contract for such substitute parking facilities,Grantor will furnish to Beneficiary satisfactory assurance of completion thereof, free of liens and in conformity with all governmental zoning and regulations. 2.03 Security, Rents, Profits and Zoning. Grantor shall not, without first obtaining Beneficiary's written consent,assign any of the rents or profits of the Trust Estate or collect any rent for more than one(1)month in advance or change the general nature of the occupancy or initiate or acquiesce in any zoning reclassification, or do or suffer any act or thing which would impair the security for said debt or Beneficiary's lien upon said Trust Estate or the rents thereof. In the event of breach of any requirement of this paragraph,Beneficiary may, in addition to any other rights or remedies, at any time thereafter declare the whole of said principal sum immediately due and payable. G:\I\Intervest 81312'N\NTN Pacific\Decd.wpd 14 11111111 1IIII 11111111 I I1 III 2004-4990 ARTICLE III SECURITY AGREEMENT 3.01 Creation of Security Interest. Grantor hereby grants to Beneficiary a security interest in the Personal Property located on or at the Property, including without limitation any and all property of similar type or kind hereafter located on or at the Property for the purpose of securing all obligations of Grantor contained in any of the Loan Instruments. 3.02 Warranties,Representations and Covenants of Grantor. Grantor hereby warrants, represents and covenants as follows: a. Except for the security interest granted hereby,Grantor is,and as to portions of the Personal Property to be acquired after the date hereof will be,the sole owner of the Personal Property, free from any adverse lien, security interest, encumbrance or adverse claims thereon of any kind whatsoever. Grantor will notify Beneficiary of,and will defend the Personal Property against,all claims and demands of all persons at any time claiming the same or any interest therein. b. Grantor will not lease, sell, convey or in any manner transfer the Personal Property without the prior written consent of Beneficiary. c. The Personal Property is not used or bought for personal,family or household purposes. d. The Personal Property will be kept on or at the Property and Grantor will not remove the Personal Property from the Property without the prior written consent of Beneficiary,except such portions or items of Personal Property which are consumed or worn out in ordinary usage,all of which shall be promptly replaced by Grantor. e. Grantor maintains a place of business in the State of Oregon,and Grantor will immediately notify Beneficiary in writing of any change in its place of business. f. At the request of Beneficiary,Grantor will join Beneficiary in executing one or more financing statements and renewals and amendments thereof pursuant to the Uniform Commercial Code of Oregon in form satisfactory to Beneficiary, and will pay the cost of filing the same in all public offices wherever filing is deemed by Beneficiary to be necessary or desirable. Grantor hereby authorizes Beneficiary to file a financing statement, with or without Grantor's signature,to perfect Beneficiary's lien and security interest in the Personal Property and Improvements as described in the Loan Instruments (including any required continuation statements,amendment statements or other such documents necessary to perfect and continue the lien) and Grantor hereby expressly ratifies any financing statements Beneficiary may have filed prior to the date of this Deed of Trust. g. All covenants and obligations of Grantor contained herein relating to the Trust Estate shall be deemed to apply to the Personal Property whether or not expressly referred to herein. h. This Deed of Trust constitutes a security agreement as that term is used in the Uniform Commercial Code of Oregon. 3.03 Real Property. Grantor and Beneficiary agree that the filing of a financing statement G'1[\intervest 81312\N\NTN Pacific\Deed.wpd 15 iiiiiii 111111 I IIII 111 111111 2004-4990 in the records normally having to do with personal property shall never be construed as in any wise derogating from or impairing this declaration and hereby stated intention of the parties hereto,that everything used in connection with the production of income from the Trust Estate and/or adapted for use therein and/or which is described or reflected in this Deed of Trust is,and at all times and for all purposes and in all proceedings,both legal or equitable,shall be,regarded as part of the real estate irrespective of(i)any such item physically attached to the Improvements,(ii)serial numbers used for better identification of certain equipment items capable of being thus identified in a recital contained in this Deed of Trust or in any list filed with Beneficiary, (iii)any such item referred to or reflected in any such financing statement so filed at any time. 3.04 Fixture Filing. As to all of the Personal Property which is or which hereafter becomes a "fixture" under applicable law, this Deed of Trust constitutes a fixture filing under the Oregon Uniform Commercial Code,as amended or recodified from time to time. ARTICLE IV REMEDIES UPON DEFAULT 4.01 Events of Default. Any of the following events shall be deemed an event of default hereunder: a. Default shall be made in the payment of any installment of principal or. interest on the Note or any other sum secured hereby when due and the failure to cure such default within fifteen(15) days after written notice of default to Grantor; or b. Grantor shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking or acquiescing in any reorganization,arrangement,composition,readjustment,liquidation,dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or shall seek or consent to or acquiesce in the appointment of any trustee,receiver or liquidator of Grantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, or shall make any general assignment for the benefit of creditors,or shall admit in writing its inability to pay its debts generally as they become due;or c. A court of competent jurisdiction shall enter an order,judgment or decree approving a petition filed against Grantor seeking any reorganization,dissolution or similar relief under any present or future federal,state or other statute,law or regulation relating to bankruptcy, insolvency or other relief for debtors,and such order,judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not consecutive) from the first date of entry thereof; or any trustee, receiver or liquidator of Grantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, shall be appointed without the consent or acquiescence of Grantor and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days(whether or not consecutive); or d. A writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest in the Trust Estate, or any judgment involving monetary damages shall be entered against Grantor which shall become a lien on the Trust Estate or any portion thereof or interest therein and such execution, attachment or similar process or judgment is not released, bonded, satisfied, vacated or stayed within sixty(60) days after its entry or levy; or G:\I\lntervest 813121N\NTN Pacific\Deed wpd 16 IIIIIII 1111111 Illi II 111 III 2004-4990 e. If Grantor shall transfer, assign, alienate, mortgage, encumber, pledge, hypothecate or grant an interest in Trust Estate without Beneficiary's prior written consent, unless otherwise allowed by the terms of this Deed of Trust;or f. There has occurred a breach of or default under any term, covenant, agreement, condition, provision, representation or warranty contained in any of the Loan Instruments or any part thereof, not referred to in this Section 4.01 and the failure to cure such default within thirty(30)days after written notice of default to Grantor. 4.02 Acceleration Upon Default, Additional Remedies. In the event of any event of default,Beneficiary may declare all indebtedness secured hereby to be due and payable and the same shall thereupon become due and payable without any presentment,demand,protest or notice of any kind. Thereafter,Beneficiary may: a. Either in person or by agent, with or without bringing any action or proceeding,or by a receiver appointed by a court and without regard to the adequacy of its security,enter upon and take possession of the Trust Estate, or any part thereof, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,marketability or rentability of the Trust Estate,or part thereof or interest therein, increase the income therefrom or protect the security hereof and, with or without taking possession of the Trust Estate,sue for or otherwise collect the rents,issues and profits thereof(including room receipts),including those past due and unpaid,and apply the same, less costs and expenses of operation and collection, including attorneys' fees, upon any indebtedness secured hereby,all in such order as Beneficiary may determine. The entering upon and taking possession of the Trust Estate,the collection of such rents,issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done in response to such default or pursuant to such notice of default and,notwithstanding the continuance in possession of the Trust Estate or the collection,receipt and application of rents,issues or profits,Trustee or Beneficiary shall be entitled to exercise every right provided for in any of the Loan Instruments or by law upon occurrence of any event of default, including the right to exercise the power of sale; b. Commence an action to foreclose this Deed of Trust as a mortgage,appoint a receiver, or specifically enforce any of the covenants hereof; c. Exercise any or all of the remedies available to a secured party under the Uniform Commercial Code of Oregon, including,but not limited to: (1) Either personally or by means of a court appointed receiver, take possession of all or any of the Personal Property and exclude therefrom Grantor and all others claiming under Grantor,and thereafter hold, store,use,operate,manage, maintain and control, make repairs, replacements, alterations, additions and improvements to and exercise all rights and powers of Grantor in respect to the Personal Property or any part thereof. In the event Beneficiary demands or attempts to take possession of the Personal Property in the exercise of any rights under any of the Loan Instruments,Grantor promises and agrees to promptly turn over and deliver complete possession thereof to Beneficiary; (2) Without notice to or demand upon Grantor,make such payments and do such acts as Beneficiary may deem necessary to protect its security interest in the Personal Property, including without limitation, paying, purchasing, contesting or G:\1Untervest 8 I 312\N\NTN Pacitic\D.:ed.wpd 17 • IIIIIII 111111 111111 i IIIIII 2004-4990 compromising any encumbrance,charge or lien which is prior to or superior to the security interest granted hereunder,and in exercising any such powers or authority to pay all expenses incurred in connection therewith; (3) Require Grantor to assemble the Personal Property or any portion thereof, at a place designated by Beneficiary and reasonably convenient to both parties,and promptly to deliver such Personal Property to Beneficiary, or an agent or representative designated by it. Beneficiary, and its agents and representatives shall have the right to enter upon any or all of Grantor's Trust Estate and property to exercise Beneficiary's rights hereunder; (4) Sell,lease or otherwise dispose of the Personal Property at public sale, with or without having the Personal Property at the place of sale, and upon such terms and in such manner as Beneficiary may determine. Beneficiary may be a purchaser at any such sale; (5) Unless the Personal Property is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market,Beneficiary shall give Grantor at least ten(10)days'prior written notice of the time and place of any public sale of the Personal Property or other intended disposition thereof. Such notice may be mailed to Grantor at the address set forth at the beginning of this Deed of Trust; and d. Execute or cause the Trustee to execute a written notice of such default and of his election to cause to be sold the Trust Estate to satisfy the obligations hereof and shall cause such notice to be recorded in the office of the Recorder of each recording district in which the Trust Estate or some part thereof is located. 4.03 Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise of the power of sale herein contained,Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. a. Upon receipt of such notice from Beneficiary,Trustee shall cause to be given such Notice of Default as then required by law. Trustee shall,without demand on Grantor, after lapse of such time as may then be required by law and after Notice of Sale having been given as required by law,sell the Trust Estate at the time and place of sale fixed by it in said Notice of Sale,either as a whole,or in separate lots or parcels or items as Trustee shall deem expedient,and in such order as it may determine,at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold,but without any covenant or warranty,express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof Any person,including,without limitation,Grantor,Trustee or Beneficiary,may purchase at such sale. b. After deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title and counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the terms hereof,not then repaid, with accrued interest at the Note rate, all other sums then secured hereby and the remainder,if any,to the person or persons legally entitled thereto. G:1I11ntervest 8 i 3121N\NTN Pacific\Deed.wpd 1 8 A I!II1I IIfli IIl1 II III 2004-4990 4.04 Appointment of Receiver. If any event of default described in Section 4.01 of this Deed of Trust shall have occurred and be continuing,Beneficiary,as a matter of right and without notice to Grantor or anyone claiming under Grantor,and without regard to the then value of the Trust Estate or the interest of Grantor therein,shall have the right to apply to any court having jurisdiction to appoint a receiver or receivers of the Trust Estate,and Grantor hereby irrevocably consents to such appointment and waives notice of any application therefor. Any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of Beneficiary in case of entry as provided in Section 4.02 a. and shall continue as such and exercise all such powers until the date of confirmation of sale of the Trust Estate unless such receivership is sooner terminated. 4.05 Remedies Not Exclusive. Trustee and Beneficiary,and each of them,shall be entitled to enforce payment and performance of any indebtedness or obligations secured hereby and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other agreement or any laws now or hereafter in force, notwithstanding some or all of the said indebtedness and obligations secured hereby may now or hereafter be otherwise secured,whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary,it being agreed that Trustee and Beneficiary,and each of them,shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary or to which either of them may be otherwise entitled,may be exercised,concurrently or independently,from time to time and as often as may be deemed expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. 4.06 Sale of Trust Estate Pursuant to a Foreclosure. In case of a sale pursuant to a foreclosure of this Deed of Trust,the said Trust Estate, real,personal or mixed,may be sold as an entirety or in parcels, by one sale or by several sales held at one time or at different times, all as Trustee, in its unrestricted discretion, may elect, and Grantor for and on behalf of itself and all persons claiming by,through or under it,waives any and all rights to have the property and estates comprising the Trust Estate marshalled upon any foreclosure sale and agrees that upon foreclosure, the Trust Estate may be sold as an entirety and not in parcels. 4.07 Restoration of Former Positions. In case Beneficiary shall proceed to enforce any right under this Deed of Trust and the proceedings for enforcement thereof shall have been discontinued or abandoned for any reason or shall have been determined adversely to Beneficiary, then and in every such case Beneficiary,Trustee and Grantor shall, subject to any determination in such proceedings, severally and respectively be restored to their former positions and rights hereunder, and thereafter all rights and remedies and powers of Beneficiary and Trustee shall continue as though no such proceeding had been taken. 4.08 Sale, Transfer, Vacation or Encumbrance of Property Prohibited. So long as any obligation secured hereby remains unpaid,Grantor covenants and agrees that neither said Property nor any portion thereof nor interest therein nor a controlling interest of Grantor(if a corporation or limited liability company) nor a general partnership interest in Grantor (if a partnership) shall be G:\I\Intervest R1312\N\NTN Pacific\Deed.wpd 19 1111111111111111111111 111 III 2004-4990 sold,conveyed,transferred or encumbered by Grantor without Beneficiary's prior written consent. If title to said Property or any portion or interest in said Property or a controlling interest of Grantor (if a corporation or limited liability company) or a general partnership interest in Grantor (if a partnership) shall pass from Grantor by deed or otherwise, voluntarily or involuntarily or if said Property or any portion or interest therein is sold on contract, or if the Property or any portion or interest therein is vacated by Grantor, or if said Property or any portion or interest therein or a controlling interest of Grantor(if a corporation or limited liability company)or a general partnership interest in Grantor(if a partnership)is further encumbered without the consent of Beneficiary,such change in title or occupancy or interest of Grantor or further encumbrance shall be deemed to increase the risk of Beneficiary,and Beneficiary may declare all sums secured hereby immediately due and payable,or may at its sole option consent to such change in title or occupancy or interest of Grantor and increase the interest rate on the indebtedness hereby secured. In the event Beneficiary accelerates said indebtedness pursuant to the terms of this paragraph,Grantor shall pay,in addition to the indebtedness,the prepayment bonus as set forth in the Note, if any. In the event ownership of the Property or any portion thereof becomes vested in a person other than Grantor herein named, or if a controlling interest in Grantor(if a corporation or limited liability company) or a general partnership interest in Grantor (if a partnership) is sold or encumbered,Beneficiary may,without notice to Grantor herein named,whether or not Beneficiary has given written consent to such change in ownership, deal with such successor or successors in interest with reference to this Deed of Trust and the obligations secured hereby,in the same manner as with Grantor herein named, without in any way vitiating or discharging Grantor's liability hereunder or the obligations hereby secured. 4.09 Request for Notice. Grantor hereby requests a copy of any notice of default and that any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this Deed of Trust. ARTICLE V MISCELLANEOUS 5.01 Governing Law. This Deed of Trust,Assignment of Rents and Security Agreement shall be governed by the laws of the State of Oregon. In the event that any provision or clause of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other provisions of such Loan Instruments which can be given effect without the conflicting provision,and to this end the provisions of the Loan Instruments are declared to be severable. This instrument cannot be waived, changed, discharged or terminated orally,but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 5.02 Limitation of Interest. It is the intent of Grantor and Beneficiary in the execution of this Deed of Trust, the Note and all other instruments securing the Note to contract in strict compliance with the usury laws of the State of Oregon governing the loan evidenced by the Note. In furtherance thereof, Beneficiary and Grantor stipulate and agree that none of the terms and provisions contained in the Loan Instruments shall ever be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate in excess of the maximum interest rate permitted to be charged by the laws of the State of Oregon governing the loan evidenced by the Note. Grantor or any guarantor,endorser or other party now or hereafter becoming liable for the payment of the Note shall never be liable for unearned interest on the Note and shall never be required to pay interest on the Note at a rate in excess of the maximum interest that may be lawfully charged under the laws of the State of Oregon and the provisions of this section shall control over G:111Intervest 8I3121N1NTN Pacific\Deed.wpd 20 I 111111111111111111111E 2004-4990 all other provisions of the Note and any other instrument executed in connection herewith which may be in apparent conflict herewith. If a court of competent jurisdiction shall make a final determination that the performance of any provision of the Note shall result in a payment of an amount for such use, forbearance or detention in excess of such rate, then(i)such provision shall be deemed to be appropriately modified to the extent necessary to reduce such amount to an amount not in excess of such rate;and(ii)any such excess amounts theretofore received by the holder of the Note shall be deemed to have been applied to the redemption at par of a like principal amount of the Note,and all necessary reallocations of subsequent payments with respect to such Note shall be made and appropriately annotated on such Note. 5.03 Statements by Grantor. Grantor,within ten(10)days after being given notice by mail, will furnish to Beneficiary a written statement stating the unpaid principal of and interest on the Note and any other amounts secured by this Deed of Trust and stating whether any offset or defense exists against such principal and interest. 5.04 Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment by Grantor of Trustee's fees,Trustee shall reconvey to Grantor,or the person or persons legally entitled thereto,without warranty,any portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto." 5.05 Notices. Whenever Beneficiary,Grantor or Trustee shall desire to give or serve any notice,demand,request or other communication with respect to this Deed of Trust,each such notice, demand,request or other communication shall be in writing and shall be effective only if the same is delivered by personal service or mailed by registered or certified mail, postage prepaid, return receipt requested,addressed to the address set forth at the beginning of this Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto,as aforesaid, a notice of such change. 5.06 Acceptance by Trustee. Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. 5.07 Captions. The captions or headings at the beginning of each section hereof are for the convenience of the parties and are not a part of this Deed of Trust. 5.08 Invalidity of Certain Provisions. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the debt,or if the lien is invalid or unenforceable as to any part of the Trust Estate,the unsecured or partially secured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt,and all payments made on the debt,whether voluntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of the debt which is not secured or fully secured by the lien of this Deed of Trust. Further,the invalidity or unenforceability of any portion or provision of this Deed of Trust shall in no way affect the validity or enforceability of the remainder hereof. 5.09 Subrogation. To the extent that proceeds of the Note are used to pay any outstanding lien, charge or prior encumbrance against the Trust Estate, such proceeds have been or will be advanced by Beneficiary at Grantor's request and Beneficiary shall be subrogated to any and all rights and liens owed by any owner or holder of such outstanding liens,charges and prior encumbrances, G:Wntervest 81312\N\NTN PacificDeed.wpd 21 1111111111111111111111111111 2004-4990 irrespective of whether said liens,charges or encumbrances are released. 5.10 No Merger. If both the lessor's and lessee's estates under any lease or portion thereof which constitutes a part of the Trust Estate shall at any time become vested in one (1)owner,this Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the doctrine of merger and,in such event,Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary as to the separate estates. In addition,upon the foreclosure of the lien created by this Deed of Trust on the Trust Estate pursuant to the provisions hereof, any leases or subleases then existing and created by Grantor shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure unless Beneficiary or any purchaser at any such foreclosure sale shall so elect. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any lease or sublease unless Beneficiary or such purchaser shall give written notice thereof to such tenant or subtenant. 5.11 Use. The Property which is the subject of this Deed of Trust is used for commercial purposes and is not used principally or primarily for agricultural or farming purposes. The loan secured hereby is made,and all proceeds thereof will be used solely for commercial,investment or business purposes and not for personal,household or family purposes. This Deed of Trust is not a residential deed of trust. So long as any of the debt secured hereby is unpaid,Grantor covenants and agrees that the property shall remain non-residential property. This Deed of Trust will not allow use of the Property described herein in violation of applicable land use laws and regulations. Before signing or accepting this Deed of Trust, Grantor should check with the appropriate city or county planning department to verify approved uses and to determine any limits on lawsuits against farming or forest practices as defined in ORS 30.930. 5.12 Late Charge. In the event that any payment or portion thereof is not paid within fifteen(15)days after the date it is due,Beneficiary may collect,and the Grantor agrees to pay with such payment, a "late charge" of Four Cents ($0.04) for each dollar so over due as liquidated damages for the additional expense of handling such delinquent payments. Such late charge represents the reasonable estimate of Beneficiary and Grantor of a fair,average compensation due to the failure of Grantor to make timely payments. Such late charge shall be paid without prejudice to the right of Beneficiary to collect any other amounts provided to be paid or to declare a default hereunder. 5.13 Hazardous Waste. a. Grantor represents and warrants to Beneficiary that to the best of Grantor's knowledge, after due and diligent inquiry, no hazardous or toxic waste or substances are being stored on the Property or any adjacent property nor have any such waste or substances been stored or used on the Property or any adjacent property prior to Grantor's ownership, possession or control of the Property. Grantor agrees to provide written notice to Beneficiary immediately upon Grantor becoming aware that the Property or any adjacent property is being or has been contaminated with hazardous or toxic waste or substances. Grantor will not cause nor permit any activities on the Property which directly or indirectly could result in the Property or any other property becoming contaminated with hazardous or toxic waste or substances. For purposes of this Deed of Trust, the term "hazardous or toxic waste or substances" means any substance or material defined or designated as hazardous or toxic wastes, hazardous or toxic material, a hazardous, toxic or radioactive substance or other similar term by any applicable federal,state or local statute,regulation or ordinance now or hereafter in effect. G:\I\Intervest g13121N\NTN Paci£ic\Deed.wpd 22 11111111111111111111 I I I II 111 2004-4990 b. Grantor will indemnify and hold Beneficiary harmless from and against any and all claims,demands,damages,costs,expenses,losses,liens,liabilities,penalties,fines and lawsuits and other proceedings,(including attorneys'fees),arising directly or indirectly from or out of,or in any way connected with(i)the inaccuracy of the certifications contained herein or in any other document executed by Grantor in connection with the loan evidenced by the Note, (ii) any activities on the Property during Grantor's ownership, possession or control of the Property which directly or indirectly result in the Property or any other property becoming contaminated with hazardous or toxic waste or substances,(iii)the discovery of hazardous or toxic waste or substances on the Property or adjacent property,or(iv)the clean- up of hazardous or toxic waste or substances from the Property or any adjacent property. Grantor acknowledges that it will be solely responsible for all costs and expenses relating to the clean-up of hazardous or toxic waste or substances from the Property or from any other property which becomes contaminated with hazardous or toxic waste or substances as a result of the contamination of or activities on the Property. c. Grantor covenants and agrees that in the event at any time there is discovered hazardous or toxic waste or substances on, in or under the Property or on, in or under any other property which becomes contaminated with hazardous or toxic waste or substances as a result of activities on or hazardous or toxic waste or substances from the Property, Beneficiary shall be permitted to incur and pay any and all costs and expenses necessary or reasonably required to perform site tests and to completely clean-up said hazardous or toxic waste or substances,whether or not the clean-up is required by any governmental authority, and which tests and clean-up shall not require prior notice to Grantor,and all such costs and expenses paid or incurred by Beneficiary shall be secured hereby and shall be repayable to Beneficiary as herein elsewhere provided,together with interest at the rate then provided for under the Note. Grantor hereby gives Beneficiary and its agent(s)the unrestricted right to enter the Property at any time to perform site tests for hazardous or toxic waste or substances and to clean-up said hazardous or toxic waste or substances. 5.14 Compliance with Americans With Disabilities Act. Grantor represents and warrants to Beneficiary that Grantor has not and will not cause nor permit any activities on the Prdperty which directly or indirectly could result in the violation of the Americans With Disabilities Act of 1990 (Pub.L. 101-336),42 U.S.C. 12101-12213 and 47 U.S.C.225 and 611,and any and all regulations thereunder and any similar state or local laws,regulations or ordinances("ADA")with respect to the Property. a. Grantor indemnifies and holds Beneficiary harmless from and against any and all claims,demands,damages,costs,expenses,losses,liens,liabilities,penalties,fines,and lawsuits and other proceedings (whether legal, equitable or administrative, including attorneys'fees)arising directly or indirectly from or out of,or in any way connected with,any violation of the ADA regarding the Property. b. Grantor acknowledges that, as between it and Beneficiary, it will be solely responsible for compliance with the ADA regarding the Property. Grantor's obligations under this paragraph are unconditional and shall not be limited by any nonrecourse or other limitations of liability provided for in the Loan Instruments. c. The covenants of Grantor set forth in this provision are not secured by the Loan Instruments,shall not be discharged or satisfied by foreclosure of the liens created by the Loan Instruments,and shall continue in effect and,to the extent permitted by law,shall survive the transfer of the Property pursuant to foreclosure proceedings(whether judicial or G:'Nntervest 813121N\NTN Pacific\Deed.wpd 23 11111111111111111111 II III III 2004-4990 nonjudicial),by deed in lieu of foreclosure or otherwise. Grantor acknowledges and agrees that its covenants and obligations herein are separate and distinct from its obligations under the loan and the Loan Instruments. d. The matters against which Beneficiary is indemnified herein are reimbursable to Beneficiary as the obligations to make payments with respect thereto are incurred,without any requirement of waiting for ultimate outcome of any litigation, claim or other proceedings, and shall be paid by Grantor to Beneficiary within ten(10) days after notice from Beneficiary itemizing the amounts incurred. In addition to any remedy available for failure to periodically pay such amounts, such amounts shall thereafter bear interest at the highest interest rate defined in the Loan Instruments. Grantor waives any acceptance of this indemnity by Beneficiary. e. The failure of Beneficiary to enforce any right or remedy hereunder or to promptly enforce any such right or remedy shall not constitute a waiver thereof nor give rise to any estoppel against Beneficiary,nor excuse Grantor from its obligations hereunder. Any waiver of any such right or remedy must be in writing and signed by Beneficiary. This indemnity is subject to enforcement at law/equity including actions for damages and/or specific performance. f. In the event Beneficiary takes title to the Property by foreclosure or otherwise, without actual knowledge of the presence of violation of ADA,and subsequently discovers violations of ADA,Grantor unconditionally agrees that Beneficiary may convey,by way of quit claim deed,the Property back to Grantor,and that Beneficiary's tender of such a deed to Grantor shall constitute a legally sufficient delivery of the deed and acceptance of the deed by Grantor. In the event of any such conveyance of the Property back to Grantor,Grantor's indebtedness to Beneficiary under the loan shall be reinstated. Nothing herein shall in any manner reduce Grantor's indemnity set forth herein. Further, in the event Grantor shall, at any time,be or have been in default under the Note,this Deed of Trust, or under the Loan Instruments,or in the event Beneficiary shall have reasonable cause to believe that Grantor has breached the warranties herein, or in the event there is otherwise reasonable cause to, believe that there has or may have been a violation of ADA,then Beneficiary, at Grantor's sole expense, shall have the right,but not the obligation,to enter upon the Property,either by itself or through an agent,for the purpose of conducting a compliance audit or assessment of the Property. The costs of such audit or assessment shall be payable by Grantor to Beneficiary on demand,and shall bear interest at the Note rate,as modified. It is expressly agreed and understood by Grantor that the occurrence of a default,or the cause to believe a violation of ADA has occurred, shall be deemed to increase Beneficiary's risk hereunder, thereby creating a need for Beneficiary to have the information to be contained in such audit or assessment. 5.15 Time of Essence. The parties hereto agree that time is of the essence and that all obligations hereunder shall be timely performed on the dates on which complete performance is specified according to the provisions of this agreement. 5.16 Line of Credit Trust Deed. This Deed of Trust shall constitute a Line of Credit Trust Deed under ORS§86.155. Notwithstanding the maximum principal amount stated on page 1,such amount may be exceeded by principal advances made to complete construction of Improvements at the Property and/or to protect the security of this Deed of Trust. 5.17 Statute of Frauds. UNDER OREGON LAW, MOST AGREEMENTS, G:\Nnterve,t 81312\N\NTN Pacific\Deed.wpd 24 111111 111111111111111 I II III 2004-4990 PROMISES AND COMMITMENTS MADE BY A LENDER AFTER OCTOBER 3, 1989, CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE NOT FOR PERSONAL,FAMILY OR HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE BORROWER'S RESIDENCE,MUST BE IN WRITING,EXPRESS CONSIDERATION AND BE SIGNED BY THE LENDER TO BE ENFORCEABLE. IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the day and year first above written. GRANTOR: NTN PACIFIC,LLC, an Oregon limited liability company A!_ By ''� . Li 1' R. Logan, So e M• State of Oregon ) )ss. County of nu an arx•.W I certify that I know or have satisfactory evidence that Lillian R. Logan is the person who appeared before me, and said person acknowledged that she signed this instrument,on oath stated that she was authorized to execute the instrument and acknowledged it as Sole Member of NTN Pacific,LLC,to be the free and voluntary act of such party,for the uses and purposes mentioned in the instrument. DATED: 10, t4- 1 f ,2004. Print Name: 1 i' eve S&L.lut.. tfc► 1 v 4e rte" Notary Public in and for th&rState of Oregon,residing at es - My appointment expires: lig c/o<-/ irs I4 OFFICIAL SEAL THERESA M KILMER NOTARY PUBLIC-OREGON �4, COMMISSION NO.336054 MY COMMISSION EXPIRES JULY 25,2004 G:1111ntervest 813121NWTN Pacific\Deed.wpd 25 11111111 111111 11111111 III III 2004-4990 REQUEST FOR FULL RECONVEYANCE To be used only when obligations have been paid. TO: Transnation Title Insurance Company,Trustee The undersigned is the legal owner and holder of all indebtedness secured by the foregoing Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied. You are hereby directed, on payment to you of any sums owing to you under the terms of said trust and pursuant to statute,to cancel all evidences of indebtedness secured by said Deed of Trust(which are delivered to you herewith together with said Deed of Trust)and to reconvey,without warranty,to the parties designated by the terms of said Deed of Trust the estate now held by you under the same. Mail reconveyance and documents to at the following address: DATED: Beneficiary G:U\Intervest 81312\N\NTN Pacific\Deed_wpd 26 !21j)4IjjljjIIll11111111111111 EXHIBIT "A" Part of the George Richardson Donation Land Claim in the Southwest one-quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington,State of Oregon,being a part of that particular tract conveyed from Hugo P.and Helen M.MacKay to Verne and Hazel E.Cotton by deed recorded in Book 226,Page 571,and also a part of that certain tract conveyed from Bernice E. Dobbins to Cyrus R. and Ellah A. Knight by deed recorded in Book 288, Page 53, both conveyances in Washington County Records of Deeds and being more particularly described as follows: Beginning at a point of intersection of the Southwesterly line of the said Cotton tract with the Southeasterly right of way line of the SW Pacific Highway(O.S.H.99-W);thence North 52'52'East along the said Southeasterly right of way line,a distance of 140.00 feet to a point of intersection with the Northeasterly line of the said Cotton tract, said line also being the Southwesterly line of that certain tract conveyed to Clarence L. Chilson, et ux, by deed recorded in Book 124, Page 194, Washington County Records of Deeds;thence South 22°55'East along the said Northeasterly line the said Cotton tract and the Northeasterly line of the said Knight tract,a distance of 335.58 feet to the Southeast corner of the said Knight tract;thence North 85°22'West along the South line of the said Knight tract, a distance of 123.85 feet to a point;thence North 28°58'40" West a distance of 245.28 feet to a point of beginning. EXCEPTING THEREFROM those portions dedicated for road purposes by instruments recorded October 8, 1999 as Fee No. 99114852 and recorded October 8, 1999 as Fee No. 99114853. Situated in Washington County, Oregon. G:\IUntervest 81312\N\NTN Pacific\Deed.wpd 27 IIIlI1IIIIIIIIIIIIIII 111111 2004-4990 EXHIBIT "B" Permitted exceptions: 1. Future general taxes and assessments: Account No.: R284310 2. An easement created by instrument, including the terms and provisions thereof: Dated: September 4, 1990 Recorded: September 28, 1990 Recorder's Fee No.: 90-54045 In favor of: City of Tigard, a municipal corporation and political subdivision of the State of Oregon 3. Conditional easement,created by instrument,including the terms and provisions thereof: Dated: August 10, 1999 Recorded: August 19, 1999 Recorder's Fee No.: 99097160 In favor of: Adjacent property owners For: Ingress and egress 4. An easement created by instrument, including the terms and provisions thereof: Dated: September 14, 1999 Recorded: October 8, 1999 Recorder's Fee No.: 99114854 In favor of: City of Tigard For: Sanitary and storm sewer Lir Til G:\I\Intervest 81312\N\NIN Pacific\Deed.wpd 28 • IIN, III . . . IIIIIIMIIIMIVIRI 2004-4990 RECORDIGN REQEUSTED BY AND WHEN RECORDED RETURN TO: Sterling Savings Bank c/o INTERVEST-Mortgage Investment Company Attention: Brenda Lund 5285 S.W.Meadows Road,Suite 400 Lake Oswego,OR 97035 -) Document Title: Subordination,Non-Disturbance and Attornment Agreement C3-' Reference Number of Document Subordinated: M rJ Landlord: NTN Pacific,LLC F4' Tenant: Magnolia Hi-Fi,Inc. Z oc O � zo Lender: Sterling Savings Bank V Abbreviated H P Legal Description: A complete legal description is attached as Exhibit A Assessor's Property Tax Parcel/Account Number: R284310 • 1 c:\documents and settings\aohlfs\iocal settings\temporary Internet files\olklb\tigard'or'2s.doc IIII 111111 111111 II III III 2004-4990 Magnolia# SUBORDINATION,NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT(the"Agreement") is made as of the /614-day of - , 2004 by and between Sterling Savings Bank,a ("Lender") Magnolia Hi-Fi, Inc., a Washington corporation ("Tenant") and NTN Pacific, LLC, an Oregon limited liability company ("Landlord"). RECITALS: A. Lender is the present owner and 1�1der of a certain mortgage, deed of trust, deed to secure debt or similar security agreement dated J a k- --"-H I ( , 2004, given by Landlord to Lender (the "Security Instrument") which encumbers the fee estate of Landlord in certain pdescribed Exached (the "Property") and which secures the payment of certainremises indebtednessin owedhibit A byattLandlordhereto to Lender evidenced by a certain promissory note,dated { c ,2004,given by Landlord to Lender(the"Note");and ^� l B. Tenant is the holder of a leasehold estate in a portion of the Property pursuant to the Z.3 provisions of a certain lease dated February 12, 1999,as amended by an Amendment to Lease dated cc August 9, 1999,all by and between Landlord and Tenant(collectively,the"Lease");and zuC. Tenant has agreed to subordinate the Lease to the Security Instrument and to the lien < thereof and Lender has agreed to grant non-disturbance to Tenant under the Lease on the terms and H f^ conditions hereinafter set forth. AGREEMENT: NOW,THEREFORE,the parties hereto mutually agree as follows: 1. Subordination. Tenant agrees that the Lease, as the same may hereafter be modified, amended or extended, and all of the terms, covenants and provisions thereof and all rights, remedies and options of Tenant thereunder are and shall at all times continue to be subject and subordinate in all respects to the Security Instrument and the lien thereof, including without limitation all renewals, increases,modifications,consolidations and extensions thereof. 2. Non-Disturbance. So long as Tenant is not in default under the Lease beyond any applicable notice and cure periods, Lender agrees for itself and its successors in interest and for any purchaser of the Property upon a foreclosure of the Security Instrument for the foreclosure of the Security Instrument or the sale of the Property, Tenant shall not be named as a party therein unless such joinder shall be required by law, provided, however, such joinder shall not result in the 1 c:\documents and settings\aohlfsllocal settings\temporary Internet files\olklb\tigard'o>'2s.doc I1IlIi IIIIII I1I111111II III 2004-4990 termination of the Lease or disturb the Tenant's possession,quiet enjoyment or use of the premises demised thereunder, and the sale of the Property in any such action or proceeding and the exercise by Lender of any of its other rights under the Security Instrument shall be made subject to all rights of Tenant under the Lease. For purposes of this Agreement,a"foreclosure" shall include (but not be limited to) a sheriffs or trustee's sale under the power of sale contained in the Security Instrument, and any other transfer of the Landlord's interest in the Property under peril of foreclosure,including,without limitation to the generality of the foregoing,an assignment or sale in lieu of foreclosure. 3. Attornment. After its receipt of notice from Lender or any person or entity which acquires the Property through a foreclosure (an "Acquiring Party") of the completion of a foreclosure under the Security Instrument or that Lender or Acquiring Party has received a conveyance of the Property in lieu of foreclosure or otherwise obtained the right to possession of the Property, Tenant will be considered to have attorned to and recognized Lender or Acquiring Party as its substitute landlord under the Lease,and Tenant's possession,quiet enjoyment and use of the Property will not be disturbed. The foregoing provision will be self-operative, and will not require the execution of any further instrument or agreement by Tenant to effectuate the attornment and recognition. The attornment and recognition of a substitute landlord will be upon all of the terms set forth in the Lease. 4. No Liability. Lender and Tenant agree that if Lender or any Acquiring Party shall become the owner of the Property by reason of the foreclosure of the Security Instrument or the acceptance of a deed or assignment in lieu of foreclosure or otherwise, the Lease shall not be terminated or affected thereby but shall continue in full force and effect as a direct lease between Lender or any Acquiring Party and Tenant upon all of the terms,covenants and conditions set forth in the Lease and in that event, Tenant agrees to attorn to Lender or Acquiring Party and Lender or Acquiring Party agree to accept such attornment,provided,however,that Lender or Acquiring Party shall not be: (a) liable for any act or omission of any prior landlord (including Landlord), unless Lender has been given written notice thereof and the same time to cure as afforded Landlord under the Lease,or (b) subject to any offsets or defenses that Tenant might have against any prior landlord (including Landlord) unless Lender has been given written notice thereof and the same time to cure as afforded Landlord under the Lease;or (c) bound by any rent or additional rent which is payable on a monthly basis and which Tenant might have paid for more than one (1) month in advance to any prior landlord (including Landlord),unless such prepayment is required under the Lease;or (d) bound by any amendment or modification of the Lease which would change the term of the Lease or the fixed rent specified therein made without Lender's prior written consent. 2 c:ldocuments and settingslaohlfsllocal settingsltemporary intemet filesloiklbltigard'or'2s.doc 1111111111111111111111 III III • 2004-4990 5. Rent. Tenant hereby agrees to and with Lender that upon receipt from Lender of a notice of any default by Landlord under the Security Instrument,Tenant will pay to Lender directly all rents, additional rents, and other sums due under the Lease. Tenant shall have no responsibility to ascertain whether such demand by Lender is permitted under the Security Instrument, or to inquire into the existence of default by Landlord under the Security Instrument. In the event of the foregoing, Landlord hereby authorizes Tenant to pay to Lender directly all rents, additional rents, and other sums due under the Lease and hereby waives any right, claim or demand it may now or hereafter have against Tenant by reason of such payment to Lender, and any such payment shall discharge the obligations of Tenant under the Lease to make such payment to Landlord. In addition, Landlord hereby indemnifies and holds Tenant harmless from and against any and all claims, causes of actions, demands, liabilities and losses of any kind or nature, including but not limited to attorney's fees and expenses, sustained by Tenant as a result of its payment of the rent, additional rents, and other sums due under the Lease directly to Lender in accordance with the terms and conditions hereof. 6. Lender's Consent. Tenant shall not, without obtaining the prior written consent of Lender, (a) enter into any agreement amending or modifying the Lease which would change the term of the Lease or the fixed rent specified therein or(b)prepay any of the rents,additional rents or other sums due under the Lease for more than one (1) month in advance of the due dates thereof, unless such prepayment is required under the terms of the Lease. 7. Lender to Receive Notices. Tenant shall provide Lender with copies of all written notices of any default by Landlord sent to Landlord pursuant to the Lease simultaneously with the transmission of such notices to the Landlord. Lender shall have the right to remedy any Landlord default under the Lease, or to cause any default of Landlord under the Lease to be remedied during the same time period as Landlord as set forth in the Lease. Tenant shall accept performance by Lender of any term,covenant,condition or agreement to be performed by Landlord under the Lease with the same force and effect as though performed by Landlord. 8. Notices. All notices or other written communications hereunder shall be deemed to have been properly given if given in accordance with the provisions of the Lease and addressed as follows: If to Tenant: Magnolia Hi-Fi,Inc. 6305 South 231st Street Kent,WA 98032 Attention: Alice Ohlfs with a copy to: Best Buy Stores,L.P. 7601 Penn Avenue South Richfield,MN 55423 Attention: Legal-Real Estate and: Robins,Kaplan,Miller&Ciresi 2800 LaSalle Plaza 3 c:\documents and settings\aohlfsllocal settings\temporary internet files\olklbltigardor'2s.doc 11111111111111111111 111 2004-4990 800 LaSalle Avenue Minneapolis,MN 55402 Attention: Steven A. Schumeister,Esq. If to Lender: Sterling Savings Bank c%INTERVEST—Mortgage Investment Company 5285 S.W.Meadows Road,Suite 400 Lake Oswego,OR 97035 Attention:Brenda Lund If to Landlord: NTN Pacific,LLC c/o Jensen Draudt LLP 1000 SW Broadway,Suite 1950 Portland,OR 97205-3070 Attention:Patrick H.Jensen or to such other address in the United States as such party from may from time to time designate by written notice to the other parties. 9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Lender,Landlord and Tenant and their respective successors and assigns. 10. Definitions. The term "Lender" as used herein shall include the successors and assigns of Lender and any person,party or entity which shall become the owner of the Property by reason of a foreclosure of the Security Instrument or the acceptance of a deed or assignment in lieu of foreclosure or otherwise to which Tenant has received written notice of. The terms"Tenant"and "Landlord" as used herein include any successor and assign of the named Tenant and Landlord herein,respectively. 11. No Oral Modifications. This Agreement may not be modified in any manner or terminated except by an instrument in writing executed by all the parties hereto, or if the Note is paid in full,this Agreement shall automatically terminate. 12. Governing Law. This Agreement shall be governed, construed, applied and enforced in accordance with the laws of the State where the Property is located. 13. Inapplicable Provisions. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to be enforceable, or if such modification is not practicable, such provision shall be deemed deleted from this Agreement,and the other provisions of this Agreement shall remain in full force and effect. 14. Duplicate Originals; Counterparts. This Agreement may be executed in any number of duplicate originals and each duplicate original shall be deemed to be an original. This Agreement may be executed in several counterparts,each of which counterparts shall be deemed an 4 c:\documents and settings\aohlfs\local settings\temporary internet files\olklb\tigard'or'2s.doc llhII IIII IIII II II 2004-4990 original instrument and all of which together shall constitute a single agreement. This Agreement shall not be binding on Tenant until a fully-executed and recorded copy hereof has been returned to it. 15. Number and Gender. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns and pronouns shall include the plural and vice versa. 16. Tenant's Personal Property. It is expressly agreed to between Lender, Landlord and Tenant that in no event shall the Security Instrument cover or encumber(shall not be construed as subjecting in any manner to the lien thereof) any of Tenant's moveable trade fixtures, business equipment, furniture, signs, inventory, or other personal property at any time placed in, on or about the Property. IN WITNESS WHEREOF, Lender, Landlord and Tenant have duly executed this Agreement as of the date first above written. [SIGNATURES ON NEXT PAGE] 5 c:\documents and settings\aohlts\local settings\temporary Internet files\olklb\tigard'or'2s.doc 1111~ 11111\11111 111111111111 2004-4990 LENDER: STERLING SAVINGS BANK By: -7)6U( t o.e, Name: D/ V( (> L Title: U(AL 17./(Q t .lit -- Date: 171 4 0 TENANT: MAGNOLIA HI-FI, INC.,a Washington corporation Byi6 - )ite..&) N. p.Jim Tweten Titl-: Pr ident Date: doryi f 2 2 a / LANDLORD: NTN PACIFIC,LLC,an Oregon limited liability company By: G'/ �' y)" Name: L. Tian R. Logan ' Title:Managing Member Date: /- / /----‘)'7/ 6 cadocuments and settings\aohifsllocal settings\temporary intemet fileslolk1bltigard'or'2s.doc II1II1M 111111 111111 II III III 2004-4990 STATE OF nf=_&ot ) )ss. COUNTY OF GLA ci An4,/5 ) On SA N u4 N Y 14- ,2004,before me, 5 feE.N PA- /-- 1-v w p , a Notary Public in and for said State,personally appeared DA v 1 D C L A y , v 1 c.e PEES I DLN7 of STERLING SAVINGS BANK,a W li s hi ill fan Gt►r P o rct.4 t trin , personally known to me (e • • -4 to •- en ,- •. • e .• •- ... :- - .'i to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/liter authorized capacity,and that by his/her signature on the instrument the person,of the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. 16,t.e.--)--1....06A/ axA..„.7„...k. ..‹, OFFICIAL SEAL Notary Public BRENDA L LUND My Commission Expires: Go'/ 3 i 0 7 Ns•a--i NOFARY PI,16LlC-Ol'iE(30N s-.o COMMISS;ON NO.367934 MY COMMISSION EXPIRES JUNE 13,2007 STATE OF WASHINGTON ) • )ss. COUNTY OF 0 NJ ) On January 12,2004,before me, /"DYE V 'e G\ , a Notary Public in and for said State,personally appeared Jim Tweten,President of MAGNOLIA HI-FI,INC.,a Washington corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, of the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. o6... rrr,, Ltir\A, .••sS10ry E-•,• ' Notary Public .o + TARk = My Commission Expires: I V •• PU gL1Gh. -%s 1..1.RIL 19 ti�.„..A0,` •,,,,,OF'W p,S' ,‘• 7 c:\documents and settings\aohlfs\local settings\temporary interact files\olklb\tigard'or'2s.doe IIII I1DI I lilt 111111 LI 2004-4990 STA I'E OF { aL- ) )ss. COUNTY OF OU.1-WLo Vka-V\ ) On"Jva 1 ,2004,before me, Lox L tv k Lifts , a Notary Public in and for said State, personally appeared Lillian R. Logan, Managing Member of NTN PACIFIC, LLC, an Oregon limited liability company, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, of the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CQ . - Notary Public My Commission Expires: O-t Q0o1 �) I OFFICIAL SEAL fj LARI L PERKINS f r ' NOTARY PUBLIC OREGON f) COMMISSION NO.371077 ) r MY COMMISSION EXPIRES AUG.7,2007 () 8 c_\documents and settings\aohlfs\local settings\temporary interne files\olklb\tigard'or2s.doe IIII IIII 11111111111111 2004-4990 EXHIBIT A Description of Property Part of the George Richardson Donation Land Claim in the Southwest one-quarter of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, being a part of that particular tract conveyed from Hugo P. and Helen M. MacKay to Verne and Hazel E. Cotton by deed recorded in Book 226,Page 571, and also a part of that certain tract conveyed from Bernice E. Dobbins to Cyrus R. and Ellah A. Knight by deed recorded in Book 288, Page 53, both conveyances in Washington County Records of Deed and being more particularly described as follows: Beginning at a point of intersection of the Southwesterly line of the said Cotton tract with the Southeasterly right of way line of the SW Pacific Highway (O.S.H. 99-W); thence North 52°52' East along the said Southeasterly right of way line, a distance of 140.00 feet to a point of intersection with the Northeasterly line of the said Cotton tract, said line also being the Southwesterly line of that certain tract conveyed to Clarence L. Chilson, et ux,by deed recorded in Book 124, Page 194, Washington County Records of Deeds; thence South 22°55' East along the said Northeasterly line of the said Cotton tract and the Northeasterly line of the said Knight tract, a distance of 335.58 feet to the Southeast corner of the said Knight tract; thence North 85°22' West along the South line of the said Knight tract, a distance of 123.85 feet to a point; thence North 28°58'40"West a distance of 245.28 feet to a point of beginning. 9 c:ldocuments and settingslaohlfsllocal settings\temporary Internet fileslolk1bltigard'or2s.doc !1..> t 1S 1 36CD 1S 1 36CD • i i; A �`'$' — -r :b .13 s 4.Ac 1 aa ,„„, 29 Ac o _ % 1113.°1 ee.d &.° J�r�s4..1eµ . • 4 14 ea 32Ae Q' - "9 y.1.°H /V. ••I'''''' ,. f p. 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I 1' 11 \ \\ .e9 Ac \ \ rsrlem \J 73-00 - . . / / 1\'SW'-\ \ m (��4, 600 I $., c !g I y \ \,,tcn� �' :�(I \ \\ `\ $ .7o Ac ,sew rases 7sew IOW rs:w rsrw /�� II ;M \ p• yam \ \ \ 1100 \ \ (`J 90012 AY AC L.l__4_,..144 11 a /• \- \\ \ P511N - ----. - \.7 \ 1,0' \ \ \ --_262W ' t37W ''\ UNIT x e1.' 7 .1 ,� G \ J t 13003 \ * \ / %A. ` .1600 92 AC ` \\\ i 7S1W o. •,\\'4 ?\v•y.; taaao 3216 AC r (01x6,440) I i \\ \\ \ 2 2 2 2 3srw' \ \ • _ .4°. �S2W. _ A710 . / 1600 \\ I \\\* . `I II p J— 13,Ae -TStp1 ° , 99-s1\ ,44AC , \\ \\ 1- ee,n T • DI II '�-- I WASHINGTON COUNTY OREGON "„� }I\ 1000 I ~ �I ,0,--/ / < // \\\ \ SE1/4 SW 1/4 SECTION 36 T15 R 1 W W.M. 44 AC x47 A0 `I 0-A1 1�--a ___i _ u1.n_�— / / �:\ % SCALE 1”=100' Y aeDC l ,\ 27.73 1>D.W �_ /' \ \ 93.03 ,/ / \ `` \ i '\ II �''/ / 1700 Y\ i`\I \ .36 Ac 36 31 32 33 34 35 i 36 31 \ ✓ .0'9 Ac ri.\ te01 \ I\VT \ \ / j t4�.\ \\ 1 6 S 4 . 3 .1. 1 6 j, SII II ,-' / ' j/1/ 000 y$% M \ \\ �� A5 c 4 rero 1cc' 72 7 6 9 10 17 12 7 1 \ 1=' Z. al Ac \ *I.\ \V' )1 �-41j1d1 '11 -. ,i / ,,\\r,\\\\.\t4 \ t\�M;�+\a.,tw..,.:,, \\ \ i. \ 31ea1a \\ 13 iB 17 7$ 76 14 .73 78 \ ;\ 1 1,,---7' / �'-- wtlMowArv; °i0�e•w ��\;tw+w \\ -1--- ,-- �' T/ \\I, 1001 .,dsy / Y, 2..., T-1- 1L0"i1° 131! f 24 79 , 20 21 4 23 24 79 1 1 t,,e4AC l' / ar°3 f_ usos0a�9w e�� 1 �./ / : n.., 1►+ww 25 30 29 28.27. 26' 26 30 �\ I .i i 23— i y 31_71S I 36 31 '32 33,34 35 36 31 1\ / / t \ 47 0'r ` q l t l '•', 1 ' 6 6 4 3 2 , 1 6 �; . ' / k 'o {�1 �} ��I I d0 FOR ADDITIONAL MAPS VISiT OUR WEBSITE A7 f� .yC = 1 I y www,co.wash7ngton.or,us / 5 1I S 1' $III m8 x4,3441 I ° a..-._ :tA\\\r - _ /' -->� j1 - _ la x9393 „ -—_ x 8B BA AB AA 40%1 1 19l f I -- B �P „e,".,...4-1 ( S i 2000 BC BD AC AD \-\\ 1.,,, 6 '° I 4.47 AC } � -. __�. °s ,A / •,> �p{5• _ ssoo SECTION 36 3 e5 /Mires R�,11 J 12.411 Ac 9 • 1 CO CA DB DA {k`` R, \:. I ia" tilI k /2 / .0'i l- C.' D S FE , I•,,,.47 AC I _ r _ oRr, � CC CD DC DO PYA \\ 1 . .1 f 1-_____ j .� ft �� ,\I, 71.90 -.>fn.,_- r .yt1 ,�t 111.2 (� --_----_-!I tz-'.IP • 8 l$I i _ to Cancelled Taxlot3 For 1 S136C0 2 C -f ✓ 400,700,900,900,1500-A1,1200,1901,1802,20013002,2100, PUT OF TWIN OAKS LANE 3 i D 1 3100,3200,3300,3400,350,360,237003800,3900,4000,410, • 3100.3200,3300.3400.3500,3600,3700 3800,3900,4000.4100 $1 VACATED 94-00691 M � 2003,2005,2000,4400,200,200-A1,300,0,501,1002,113011,- 2 �y* 10'A1,2004,100-A1,1001-A10900,900,5010002,1400-A1, - i 9 1= Q e,]��e'-� j� 4300 ygr "1c PT,2 \ /7331 3.52 AC SCALE 1'2100' XX \ 7$' 9� Y I 3' \\ E 0 So 100 300 300 2I �_� 7-', __, 1 i •' \\ 4-p (i,.......s„,�rs 1 C-s s f"�il 11 fill$ 0 � �; � \ �� PLOT DATE:February 20,2014 �\ FOR ASSESSMENT PURPOSES •Jp�, 4- .- f ONLY-DO NOT RELY ON •:� .y'1I' FOR OTHER USE • 1 ,, '�7� Map aro9s delineated by either gray shading ur a croee-Aetrhed .I \\`Ss '9Cl ”- pattern are for re/erence only and may not ind0ate the most 1 I„ • • �►'�' ,r- ? .�. ''�\` • current property boundaries.Please consult the appropriate map �'ri r ' '�• Por the most current information. • IW�1�9E _'� 394' \ 111.31). --� ` Ir((Ill 'eyes��-,''-•'•,(•:...,. .„. •'. .. ....,.... .. i ''� a.�1. ,hl\AVe'.\YdVN\!H\ffek`.iN.n.-_ -... ' J1�{���,� `�` '� ','._ - . TIGARD 1S 1 36CD 1S dig1s1w36 1S 1 36CD-S1 1S 1 36CD S1t WSW 91,IW 3N9W aNaw 3N2W PFAFFLE STREET .2NOW y(iN14+i^.ii4\1`.\\1W tMHli\Hl1\HN`h1!\Vhli Wi\\\\H+N'NvNHI.\lYh.'+tiri\ikli\Nil\\\\\N1t1ik14\!1!l\i'•.i\e\k\n!\iN4\41\i.\\`.'+.5\'+.`aN\hN\''' . 2Ne W 2NIW 2/J3 4, 12N2 W i 224.72 { { INSW INIW IN9W� /2W I _1NeW 'INIW Y \, y 'SOW 196W /8/M. 163W . 192W 191W l; zs9W 251W 1.Y 25*W Z I SUPPLEMENTAL MAP NO.1 S I SE114SW114SECTION 36T1SR1WW.M. WASHINGTON COUNTY OREGON T. SCALE 1"=30' r , y 7 f 36t B 3 7 . 325 334 3 2 1 94 35 .36 31 1 6 �l 1 sooz2 J q2 °� ? 12 T $- I 9 10 11 + 12 7 t 13 18 17 16 15, 14 13 18.i . 24 19 20 21 22 23 24 19 23-81 1. f 2 -5 r 25 30 29 28 27 26 26 30 1 y k, 36 31 I.32,I'.3$-,34 35 36 31 r art 1 _. - J f 1 { 1 6 . 5 4 ' 3 2 , 1 6 s. eN3 FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT www.co.washington.or.us SECOND FLOOR 1 • BB BA AB ' AA B A' BC BD AC AD SW PFAFFLE SECTION 36 STREET Q>\`:..:,.A.\.\\l'.\:.\t.M..\F+.:'�\\�\`:\C:A\.\,\\;NUI` ,;... .\,\Y.\\.`2N:\,,,,\\'\\`\I.+.V..°Ni—. 1 !� CB CA DB DA r r 7,7 r r r I r r r r 1 --r--r—r—r—I T T T T" =I=I 8 .1 I n 1 I I � I I nI I I I I �I I I 1 1}i Ii r! IIilllitiPi ''COI t ri II ;I VII tit, I II ti ti rIli C.` O 1 —t� — — — \� CC ! Co OC pD_ -'r-r---r—r—T r T r T 1 T 71 _ 1 ; I I I I I I I I ^' I I I I I r - 3 1 4, =I V I I '4 1 g 1 E I I N 1 2 Xi 7 II 1 NI I I t ---1 i. 1 t! t 1t 1 t 1 t I t 1 t I t. ,t 1 t 1 t, t L el t I t E I k 7a_{ y1Ii Y I I 1 I 1 L__!. 1_1_1_!_i_____ I I , I y: 3 I I I--yra_i I_----i 1 .I!, [I ! 3132 ya 1 1 rs_ I i i �yr -7 _"_- 1 me 15' - 1- -J 1IMe I 317 I % P I 90000 1 c r 1 ,a,�� 1 y. � ..�.� - � , -J n ��p_ ; ••"` ear?roGruwHY S as �, -_ r`•• Coon r ——- I — aLeod+' fl l� 1 1 ►a 2t Lytt `� L.' !-- - -1 ILP512_ ' ' PLOT DATE:July 22,2007 ____ yta FOR ASSESSMENT PURPOSES I ;- ONLY-DO NOT RELY ON S M" 1 L.y" 1 FOR OTHER USE 1- C3j e°D__1 Lyto_ I Map areasdeNneatedbyeiNergrayal,adkr9oraaoaa-netrh3O patrem are for rehrance onyr 0393333 Sat In°Yc3W th3 moat �mo L 311°_ 1 current property boundaries.Phase consult the 34 O03iele map I NM_ I —3112 for the most current Worms-ion. J aQ —�— L '——1I -- Ly,. I SUPPLEMENTAL 1 s MAP NO. 1 ,,,,,,... ....y...,1/4,,,,,,,,,,,,, ..,,,,,.........4 TIGARD 1 S 1 36CD-S1 1S 1 36CD-S1 Waffle DISCLAIMER:THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE,TITLE INSURANCE,COMMITMENT OR PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON.THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT THE ISSUING PARTY'S PRIOR WRITTEN CONSENT.THE ISSUING PARTY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND,AS-IS,AND WITH ALL FAULTS.AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT THE ISSUING PARTY'S SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT THE ISSUING PARTY WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. THE ISSUING PARTY MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT'S USE OF THE INFORMATION HEREIN. RECEIVED FEB 22 2016 CITY OF TIGARD re,„„ii, fiETAL STANDING SERI ROCF• WIIIIIIIMMINIr PLANNING/ENGINEERING 0 Fr/04 #1 i4 . . .........x...... _ all 1 PIP -i '' '•4-- imi NIB ___Npuswmpr.„Atoms a..... I v ri 1i -- .....0000000004 ..... 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R so. - SOUTH EAST ELEVATION A3.1 ..... ./..• #PM111.111 RECEIVED MAR 01 2016 CITY OF TIGARD _ PLANNING/ENGINEERING rev -- AL STAMMSEAM NEER .... 1i�w 011 111111111•111111111111 _ . . orr ' ��.lam►.• , _ 0 :474111111111 � -iii _ - ASSOCIATES E COMPANY T La..., 1a . . __ :� ; _r _ _ �- a.r:.,...._......."._ „._,_=,=._.„ _,:_.... i, . YS K taimERREir 7f7R ''• �Q - i Pa-EL EPR . ' �. -..w:-,.., F i _ . + t 3 � !Iir i MAGNOLIA ..��.,.�.�. ..... - Cl. !l 4 -:- :- 4 HI-FI «sesN saeae sT cseo ot.r�rrrx • ' ! s+sw g 1 • aOUTILWLEYATION •..s. EST = - -J- .._-• - —. .....- PACIFIC HIGHWAY rows.srarosn TIGARD,OR t__ scan vols srge-� -Gat Moat ...ititanliBiao.. A p 1 RAMI F.F►il NOW i - ��~.�cii� ,,a"'�•, —'} SeatPint21st R 0.s. 1 S�a�9+.M1 90t)7 hili' I I� �� ,� Y ps idrp NdibeLvl Newts for ks.a n W19./on t.oe.. _ -,,.....------.--:,..7:M ' 'SI 1-=,-_,-.-....-.,...,...-:-....T=1:: ,w.:-.1-....-. .1--.. .-:-.-_,Iv.MI, it) rolarred p.Nset Nti 1. ``:16 - - s ~^___ _..Z _". C���T'T _.._ -t._i�= 1 _ lµTl06Rt gi .7------1-' s i '♦�. I ~ d J i -.t. - -_.. _.v. ' ,..P OR ERR-N.q/l CALL- � { ; 1 ,,...~ �_? 4i tta'.�S!GdV ne PI-IV Hi b•�I NORTH-EAST_EL EYATlON ELEVATIONS rata ....... I. 10 ' 1111 I INIMPIluellims f fir. .. _ _.* ____ JEW--11111111111Mainna ,Y-L'"::::—,---- —___EM iii-Ac''s y� -;-^-fit "ff 'Iw $? 'k--iii...*C g it ilI „ -- -t-17,7 ,-.T^A1 ?.8, "A..' .... -- l i .Mari ,!Ir. ts®u-rtgn. .�.�werm cm - M - r • .�•• .•,i x • rat +orr CONSTRUCTION - — roe, W r t r MOW CP oorae+>t sr aysn cure y • y1 SET WALL-).N OT PP °� NQRTy-..W L L. YA11011 .._ ,' SM ,., t t 1=.” I a i "mow •t . '� : scxc,uo••r-.' -, : 4.--••••1• `a.U aw -Paamo aK .t+aa - v.. VERSO 024:ER+F SOUTH EAST_E.lEyAnON._ aura-._ _-WI- SCALE.vs,.r.e' •.wr .w WO," +r'r 311/2016 11686 SW Pacific Hwy-Google Maps o'::gi . Maps 11686 SW Pacific Hwy 1\411f0, I ,,,„.-'''''\// ,;iii.' t. . f f - ' ' ,-:''' ,,, . . iii: • AwY , kMN /- \, \ ' OAs t. 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CITY OF TIGARD PLANNING/ENGINEERING I v M t 11686 SW Pacific Hwy Tigard,OR 97223 jf'ff'- /L[', • t► ' Street View __ ;� k >,hts Mtps://www.google.com/maps/place/11686+SW+Pacific+Hwy,+Tigard,+OR+972231@45.436899,-122.7563412,51 m/data=!3m 1!1e3!4m 223m 111 s0x54950cc2e... 1/2 RECEIVED MAR 01 2016 �" ------ CITY OF TIGARD �- -�---. �, PLANNING/ENGINEERING , , _ _ 11 4 ' OM m esso::-i.en Ilk 111.... ppfl,jj #IA a I I 11/ Ili110 .yrs:1131215114' 1�\ 111 I9�! r ItsQ r, A e•s.r"t' ,., D 1 Y M P 1 C ....„..,,,„..,... .'Fi,t.„'_'.'4Y,..-*4,'-"...--_;:7,sN.,-*--z-a--.IeMtba i•-M.O.....,',..1, �_a.rs�ra•C11..„,11„,-.1 „ii!!r.!! re._ _.. .:.. ACSOSMOCPIAA MN Y r1 ,.-`. ,II♦ =' j-._, _. ,sis NO tel, , ,i - 51 MOW or CrOICOICTIt •M04 Pt O67Ie 07•005 -• 8QUT1..WIEaL€L VATJQN -----_____._.__...__ ._._____ _ ttrArtmip ., PACIFIC IMOHWAY 110ARD,OP P.S,OF F.i:at WOrct 232t3 210 Ft Ne. Seek ni nn bF^'1^q Oal,,ac9.a eavk.%t.. 4S..v.,:lora SOMI Camay M 1M,..", rReview�aa ., .:FN 03/01/2016 1 :26:07 PM . tO ELEVATION.: Iiinini al.v ra I , 1,111111 _ _ _ _ ,node I MN-00•qn rANnn ate ,rout es oaweFwrr- %WS.•)'-O'OM F1 Min AYERI.ELEVAMN WALE 2 VW.r-M • Freiheit & Ho 1 architects FEBRUARY 2, 2016 CITY OF TIGARD RECEIVED COMMUNITY DEVELOPMENT FEB 0 3 2016 13125 HALL BLVD. TIGARD, OR 97223 CITY OF TIGARD PLANNING/ENGINEERING ATTN: LINA SMITH RE: VERIZON WIRELESS/11686 SW PACIFIC HIGHWAY/APPLICANT'S STATEMENT/NARRATIVE Ms. Smith, This project will consist of exterior and interior modifications to this existing building for a new tenant. There are no changes planned to the site, parking, landscaping or access. The exterior modifications will consist of adding on to the gabled ends of the existing sloped roofs, and constructing new parapets on the non-gabled sides of the roof. This will provide an integrated look around the entire perimeter of the building, as well as provide locations for new tenant signage. The interior improvements will consist of new interior walls, finishes and fixtures. There won't be any changes to the access points into the building. The interior improvements also involve opening up the display windows along Dartmouth St and Pacific Highway, to provide more natural light into the space. Below are our responses to the evaluation criteria in e,J. 18.360.050.B. Evaluation criteria. The director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; 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; No changes to the parking will be made. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; The use of this building will continue to be retail sales and service. 5. An increase in the height of the building(s) by more than 20%; The increase in height of the building will approximately one foot, which is an increase of 2.4%. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; There will be no changes in the type or location of accessways or parking areas. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The use of this building is not changing. It's remaining as retail sales and service, and any increase in vehicular traffic will be minimal. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; There will be no increase in the floor area. TEL:425 827 2100 Fay: 425 828 6899 WEB:www.FHOARCH.COM ADDRESS.5209 Lake Washington Blvd N.E.j Ste 200 I Kirkland I WA 98033 RRRRRRRRRRRRRRRRRRRRRffiRRifiRRRRRRRRRRRRRRRRRRRRRRRRRRRP:RRRRRRRRRRRRRR RRRRRRiCifiRRRfCRRifiRRfCtfif rtffiRRiCRffirtFU CRFCffiRRRRRRRRRRRRRRRfCRRRffiF RRRRRRRRffiRRRffif: FREIHEIT E HO ARCHITECTS.INC.,P.S. RRRRRR IIIMMWMFfiRRRRffiRRRRRRRRiCRFlitIMRRRRRRRMUNtiCRRRRRifiRRRMMitARMIR VERIZON WIRELESS FEBRUARY 2, 2016 Page 2 of 2 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; There will be no changes to the site. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. There will be no changes to the site. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of paragraphs 1 through 10 of this subsection. There will be no changes to the site. The changes to the building consist of adding on to the gabled ends of the existing sloped roofs, and constructing new parapets on the non-gabled sides of the roof. We appreciate your consideration of our application for this Minor Modification. Please let us know if you have any additional questions or comments. We look forward to your approval of this application. Sincerely, FREIHEIT & HO ARCHITECTS, INC., P.S. .4/4044' Thomas L. Spader, AIA Associate Principal CC: ADDITIONAL DOCUMENTS Lina Smith From: Lina Smith Sent: Saturday, July 16, 2016 4:27 PM To: 'Torn Spader' Cc: bpasse@buildoracle.com Subject: RE: Verizon at 11686 SW Pacific Highway Dear Tom & Brandon, This e-mail is regarding the Verizon Minor Modification application you submitted on February 16, 2016. Under Oregon Revised Statutes Chapter 227.178, an applicant has up to 180 days from the date a land use application was submitted to provide missing information that was identified by the governing body (for reference, this information was identified in an e-mail dated February 22, 2016; please see below). If the applicant has not provided the requested information within the 180-day period, the application is voided. This is a reminder e-mail that the 180-day deadline for this application is August 14, 2016. Please feel free to contact me at (503) 718-2438 or by e-mail if you have any questions. Also, if you need information on withdrawing an application and/or our city's refund policy, please let me know. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail:LinaCS@tigard-or.gov From: Tom Spader [mailto:tspader@FHOARCH.COM] Sent: Monday, February 22, 2016 10:48 AM To: Lina Smith Cc: bpasse©buildoracle.com Subject: RE: Verizon at 11686 SW Pacific Highway Lina, Thanks for your time on the phone this morning. Attached is another option we looked at for this project, where we are increasing the only the facade of the middle gable end on Dartmouth. Please let us know if this reduced scope of the exterior work would likely gain approval from your department. We look forward to your response. Thanks. THOMAS L. SPADER AIA ASSOCIATE PRINCIPAL Freiheit & Ho Architects, Inc., P.S. 5209 Lake Washington Blvd. NE I Suite 200 I Kirkland I WA 198033 T: 425 827 2100 F. 425 828 6899 E: tspader@fhoarch.com 1 "CONFIDENTIALITY NOTE:This e-mail message contains information that may be privileged,confidential and/or protected from disclosure.The sender intends the message only be read by the individual or entity named above.If you believe you have received this message in error,please notify sender by e-mail or phone immediately.If you are not the intended recipient,any dissemination,distribution or copying of this message is prohibited." P Please consider the environment before printing this e-mail From: Lina Smith [mailto:LinaCS@tigard-or.gov] Sent: Monday, February 22, 2016 7:00 AM To: Tom Spader Cc: bpasse@ buildoracle.com Subject: RE: Verizon at 11686 SW Pacific Highway Dear Tom, I conducted a preliminary review of the Verizon Wireless proposal with my supervisors. Because this project (11686 SW Pacific Hwy) is located in the Tigard Triangle Plan District, there are additional design standards that apply. Please revise your narrative and drawings to address the all standards outlined below. For more information on Tigard Triangle Plan District Chapter, click here: http://www.tigard- or.gov/DevelopmentCode/18620 1.pdf. You can send me the revisions by e-mail first, to avoid delaying review.Just make sure to also send me hard copies of all materials, so we can add them to the case file. Feel free to contact me at (503) 718-2438 or by e-mail if you have any questions. Thank you, Lina Smith Assistant Planner City of Tigard Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov 18.620.040 Building Design Standards A. Nonresidential buildings. All nonresidential buildings shall comply with the following design standards. Variance to these standards may be granted if the criteria found in 18.370.010.C.2, criteria for granting a variance, is satisfied. 1. Ground floor windows. All street-facing elevations within the building setback (zero to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as all of the requirement is located at a building corner. 2 2. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (a) a variation in building materials; (b) a building off-set of at least one foot; (c) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (d) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. 3. Weather protection. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. Awnings and canopies shall not be back lit. 4. Building materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than two feet. 5. Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. (The current design does not meet this standard) 6. Roof-mounted equipment. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. 18.620.060 Entry Portals Required locations. Entry portals shall be required at the primary access points into the Tigard Triangle Plan District. A. Location. Entry portals shall be located at the intersections of 99W and Dartmouth; 99W and 72nd; I-5 and Dartmouth; Highway 217 and 72nd; and at the Highway 217 overcrossing and Dartmouth. B. Design. The overall design of entry portals shall relate in scale and detail to both the automobile and the pedestrian. A triangle motif and at least two trees according to the L-2 standard shall be incorporated into the design of entry portals. (Ord. 12-09 §1) (The current design does not meet this standard) From: Tom Spader [mailto:tspader@FHOARCH.COM] Sent: Thursday, February 18, 2016 2:13 PM To: Lina Smith Subject: RE: Verizon at 11686 SW Pacific Highway Lina, 3 Lina Smith From: Lina Smith Sent: Tuesday, March 01, 2016 3:17 PM To: 'Brandon Passe' Cc: Tim Nelson ; Tom McGuire Subject: RE:e-mail to Lina Attachments: Verizon Wireless/ DET Procedures Brandon, I reviewed Option 1 and Option 1-A with our Assistant Community Development Director, Tom McGuire. Unfortunately, the issue with both these designs is that they incorporate a false front/false roof, and therefore, do not meet the standard in TDC 18.620.040.A.5: "Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted." In order for us to approve your application, the design must meet all the standards outlined in my previous e-mail (below). If your client is set on this specific design (or another design that doesn't meet all the standards outlined below), then perhaps you should consider the Design Evaluation Team (DET) option, in which the applicant can "request adjustments from the plan district design standards and submit design plans for review and recommendation by a city design evaluation team." (TDC 18.620.090.A). Please see my last e-mail to Tom Spader (attached), which includes more information on the DET process. Also, here's a link to our Tigard Triangle Plan District Chapter: http://www.tigard- or.gov/DevelopmentCode/18620 1.pdf. Feel free to contact me if you have additional questions. Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail: LinaCS@tigard-or.gov From: Brandon Passe [mailto:bpasse@buildoracle.com] Sent: Tuesday, March 01, 2016 1:28 PM To: Lina Smith Cc: Tim Nelson Subject: FW: e-mail to Lina Lina, In considering your building design requirements referenced below,we are wondering whether there may be an alternative that satisfies both the City and our Client, Cellular Sales. We are optimistic that we can create a design, such as the proposed in an effort to meet our individual and shared goals. The attachment to this e-mail includes Elevations, Option 1 which you have reviewed and responded to; Option 1-A which we are hoping adequately meets design standards; and a Google Earth image of the building showing where the proposed Option 1-A would be positioned on the existing roof. Recognizing that the designs we've submitted so far substantially alter the triangle motif, we are proposing Option 1-A which leaves the original roof lines and gables unaltered, and simply places a "hat", if you will, on that unaltered roof line. We hope that this may be a possible solution to the challenge facing both the City and Cellular Sales, enabling this project to move forward. Please consider the fact that Verizon/Cellular Sales cannot lease the space without elevated signage. We've been in negotiation with the land owner for many months and it would be tragic if this minor issue forces the demise of the lease. Thank you for your consideration. We look forward to your reply, ORACLE ( c i Wig r.w Inc Brandon Passe Owner/President 3957 Irongate Rd.St.100 Bellingham,WA 98226 P:360-988-8650 F:360-483-5679 C:360-220-2693 www.buildoracle.com FenctAc, Facebook Corecon Team Link Portal From: Lina Smith [mailto:LinaCS@tigard-or.gov] Sent: Monday, February 22, 2016 7:00 AM To: Tom Spader Cc: bpasse@buildoracle.com Subject: RE: Verizon at 11686 SW Pacific Highway Dear Tom, I conducted a preliminary review of the Verizon Wireless proposal with my supervisors. Because this project (11686 SW Pacific Hwy) is located in the Tigard Triangle Plan District, there are additional design standards that apply. Please revise your narrative and drawings to address the all standards outlined below. For more information on Tigard Triangle Plan District Chapter, click here: http://www.tigard- or.gov/DevelopmentCode/18620 1.pdf. You can send me the revisions by e-mail first, to avoid delaying review. Just make sure to also send me hard copies of all materials, so we can add them to the case file. 2 Feel free to contact me at (503) 718-2438 or by e-mail if you have any questions. Thank you, Lina Smith Assistant Planner City of Tigard I Community Development 13125 Hall Blvd.Tigard,OR 97223 E-mail:LinaCS@tigard-or.gov 18.620.040 Building Design Standards A. Nonresidential buildings. All nonresidential buildings shall comply with the following design standards. Variance to these standards may be granted if the criteria found in 18.370.010.C.2, criteria for granting a variance, is satisfied. 1. Ground floor windows. All street-facing elevations within the building setback (zero to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above grade the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as all of the requirement is located at a building corner. 2. Building facades. Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (a) a variation in building materials; (b) a building off-set of at least one foot; (c) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (d) by another design features that reflect the building's structural system. No building facade shall extend for more than 300 feet without a pedestrian connection between or through the building. 3. Weather protection. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. Awnings and canopies shall not be back lit. 4. Building materials. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than two feet. 5. Roofs and roof lines. Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. (The current design does not meet this standard) 3 6. Roof-mounted equipment. All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. 18.620.060 Entry Portals Required locations. Entry portals shall be required at the primary access points into the Tigard Triangle Plan District. A. Location. Entry portals shall be located at the intersections of 99W and Dartmouth; 99W and 72nd; I-5 and Dartmouth; Highway 217 and 72nd; and at the Highway 217 overcrossing and Dartmouth. B. Design. The overall design of entry portals shall relate in scale and detail to both the automobile and the pedestrian. A triangle motif and at least two trees according to the L-2 standard shall be incorporated into the design of entry portals. (Ord. 12-09 51) (The current design does not meet this standard) 4