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MMD2018-00011 MMD2O18 - 00011 AVANOA, LLC NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2018-00011 01 AVANOA, LLC T I GARD 120 DAYS =July 26, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: Avanoa, LLC CASE NO.: Minor Modification (MMD) MMD2018-00011 PROPOSAL: The applicant is proposing a minor modification to an existing development at 6958 SW Varns Street.Specifically,the applicant is proposing a change of use to an 2,067- square-foot tenant space,inside an existing commercial building.The proposed use is medical/dental office.The applicant also proposes to add one(1)Americans with Disabilities Act(ADA) accessible parking space,near the north end of the building. APPLICANT: Emmet Phair Construction Attn: Renee Snyder 6305 SW Rosewood Street,Suite E Lake Oswego,OR 97035 OWNER: Avanoa,LLC Attn: Spencer Brannan 4001 Ease Baseline Road,Suite 107 Gilbert,AZ 85234 LOCATION: 6958 SW Varns Street WCTM 2S101DA,Tax Lot 2101 ZONING DESIGNATION: C-P: Professional/Administrative Commercial Zone. The C-P zone is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zone are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.780.050.0 SECTION II. DECISION Notice is hereby given that the City'of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. MMD2018-00011 Avanoa,LLC 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 6958 SW Varns Street; south and east of SW Yarns Street,east of SW Fir Loop, and west of Highway 217.The 1.02-acre site is made up of one(1) tax lot,and contains an existing 8,302- square-foot commercial building, 12 parking spaces, and associated landscaping. The subject building contains two (2) tenant spaces: 6958 SW Varns Street (2,067 square feet in size), and 6960 SW Yarns Street (6,235 square feet in size). The applicant proposes a new medical/dental office inside 6958 SW Yarns Street; 6960 SW Yarns Street is currently vacant. The property is zoned Professional/ Administrative Commercial (C-P). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.780 Site Development Review: 18.780.050 Minor Modifications C. Approval criteria. The approval authority shall approve or approve with conditions an application for a minor modification when all of the following are met: 1. The proposed development is in compliance with all applicable requirements of this title;and The applicant is proposing a minor modification to an existing development at 6958 SW Yarns Street. Specifically, the applicant is proposing a change of use to an 2,067-square-foot tenant space, inside an existing commercial building.The applicant also proposes to add one (1) ADA-accessible parking space, near the north end of the building. The subject building contains two (2) tenant spaces: 6958 SW Yarns Street(2,067 square feet in size),and 6960 SW Yarns Street (6,235 square feet in size). The applicant proposes a new medical/dental office inside 6958 SW Yarns Street; 6960 SW Yarns Street is currently vacant. Accordingly, the minimum off- street parking requirement will only be calculated for the smaller tenant space.As outlined in'1'DC Table 18.310.2, a medical/dental office has a minimum off-street parking requirement of 3.9 spaces for every 1,000 square feet.Accordingly,staff finds that a total of nine (9) parking spaces is required for the subject tenant space, and there is adequate parking at the subject site, with 13 spaces provided (12 standard spaces,plus the proposed ADA-accessible parking space). When a new tenant is proposed for the larger space (6960 SW Yarns Street), the property owner (or any agent authorized to represent the property owner) will need to ensure that the parking lot meets the parking requirements for both tenant spaces. Furthermore, the proposed ADA-accessible parking space will be reviewed for compliance with ADA parking standards by the Building Official, at the time of building permit submittal. Upon review of the applicant's plans and narrative,staff finds that all other applicable requirements are met.This criterion is met. 2. The modification is not a major modification. The applicant is not proposing any of the changes outlined in TDC 18.780.040.B.Therefore,this proposal is not a major modification. This criterion is met. CONCLUSION: The proposal is a minor modification an existing development and is in MMD2018-00011 Avanoa,LLC 2 compliance with the applicable requirements of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was mailed to: X The applicant and owner Final Decision: A minor modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MARCH 28, 2018 AND BECOMES EFFECTIVE ON MARCH 29, 2018 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. 111W-L • �— - i" March 28,2018 APPROVED BY: Lina Smith MMD2018-00011 Avanoa,LLC 3 l J ? 1 • a,. City of Tigard MAR 2 6 2018 11 . �� COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD . Minor Modification T e I Application�NG/ NEING TIGARD yp PROPOSAL SUMMARY (Brief description) Cow/frt. o�'L vert (Si _ / 3 r �1 C REQUIRED SUBMITTAL C �] U'eELEMENTS P '� - rPO . ' ./A_ A ■ IA Owner's Signature/Written atilt C • uthorization ide Transfer Instrument or Deed (.061 Site Plan(2 large plans drawn to scale and one reduced to 8.5"x111/2") V/ f„ � � 1/a�� Applicant's Statement/Narrative Property address/location(s): VJ V (2 copies)Address criteria in: �� 1 Dl,1rL�} /12. DC 18.780.040.B Tax map and tax lot #(s): 2S1 b1 DA 021DiLa Filing Fee Site size: !• b auric /I FOR STAFF)USE ONLY Case No.: � I DZOlg—COO 1 Applicant*: Env/Keit PhAky COAchlA14/( - gat& Sr/dtp.Related CaseNo.(s : Address: (9 ,0i S W V.,(jsewo St. St Application Fee: )�24/ V U City/state: -IAO, C' D OrL, Zip: -11 D;5 Application accepted: Phone:[•215.95jI Email: voice Ca PiV oyte tp hilts• Cal/YI By: SL Date: 3-a--id ApplicationJdetermined complete: PROPERTY OWNER/DEED ED HOLDER(S)* El Same as Applicant By: /�-� Date: L� / Name: �i PAc t 2Nie I:\CommunityDevelopment\LandUseApplications\02_Formsand Address: f Templates\Land Use Applications Rev.12/14/2017 City/state: Zip: * When the owner and the applicant are Contact name: different people,the applicant must be the purchaser of record or a lessee inpossession Phone number: 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 18.780.040(B) or 18.740.020(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. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that May be attached to or imposed•upoa the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject tp 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,andlunderstandsthe • requirements for approving or denying the application. • SIGNATURES of each owner of the subject property required. • Applicant's signature Print name` . Date 1 r Owner's signature Print name Date, Owner'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 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any decd 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. 6,/kLaCektt-,-- Le ,�iC4Gv 31 vi i( Applicant's signae Print name / Date 3?-¢itc4A, itet.4tota-frt, Spencer Brannan 3-22-18 Owner's signature Print name Date Owner's signature Print name Date ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: Avanoa, LLC Name: Address: 4001 East Baseline Rd. #107 Address: City/state: Gilbert , AZ Zip: 85234 City/state: Zip: Signature: 40-,24 ..44. Signature: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 Fidelity National Title 900 SW 5th Avenue ( �11fi Portland, OR 97204 nn Company of Oregon Phone: (503)222-2424/Fax: (503)227-2274 Spencer Brannan Date: January 26, 2018 Avanoa LLC, an Arizona Limited Liability Company Escrow No.: 45141722005-PK 4904 South Power Rd, Ste 102-203 Buyer(s): Avanoa LLC, an Arizona Limited Liability Mesa,AZ 85212 Company Seller(s): Autonome ASR LLC, an Oregon Limited Liability Company Property: 6960 SW Varns Street Tigard, OR 97223 Dear Mr. Brannan, The closing of the sale of the property involved in the above escrow has been completed with the recording of the appropriate documents. We enclose the following: • Refund Check No. 5010019798 in the amount of$439.00 • Amended Final Buyer's Statement *Please keep this document for tax purposes • Certified Copy of Recorded Accommodation Statutory Quitclaim Deed • Certified Copy of Recorded Statutory Warranty Deed • Certified Copy of Recorded Deed of Trust • Certified Copy of Assignment of Rents • Estimated Buyer's Statement • Verified Email From Tiffany Tomczak to Remove$113 From Closing Statement and Have Remainder To Buyer • Assignment of Buyer Interest • Preliminary Report Approval • Read and Approved Statutory Warranty Deed • Consent To Borrow and Purchase 6960 SW Varns Street • Sale Escrow Instructions • FIRPTA • Certified Copy of Recorded Accommodation • Accommodation Recording Authorization and Waiver of Liability Agreement • Envelope From Autonome ASR LLC (Seller) Please Note: This Package Does Not Include Signed Loan Documents. Loan Documents Were Signed Directly Between Buyer and Lender We appreciate having this opportunity to be of service to you and hope you will again choose Fidelity National Title Company of Oregon as your Escrow Agent and Title Insurer for any future sales or purchases. Sincerely, Mark Jaraba Escrow Assistant for Paula Mraz Kingsley Mark.Jaraba@fnf.com Enclosure(s) ._...: ...,. :--:..._.,-,....,................ -- - r•*-r --- ,.fir, -- - - • :a. •f **** REAL ESTATE CLOSING**** 50/0019798 :• • • Seller: Autonome ASR LLC, an Oregon Limited Liability Company Lender: Western Alliance Bank ._ Property: 6960 SW Varns Street/Tigard .,• Settlement Date: January 26, 2018 Disbursement Date: January 26, 2018 Closer/Responsible Party: Paula Kingsley Check Amount: $439.00 Printed By: Mark Jaraba Pay To: Avanoa LLC,an Arizona Limited Liability Company 45141722005 For: Excess Cash to Close • CASH TO BUYER(303)$439.00 • .. ' :•.i��.::.:'•:..�.,...:5;:r_>.,•_r..,,.•..Ir....:_, .-.o�N.tt..:.'y.4lli•.�15.4'F..•.::-......0..!.v)y.J.-•• .t`.a�:_.r.�.,i.l.w... ....i •: i4 110� � t^�ly�F� RF'" Iff �f•�PV V� � V` '. '3';;:1� ti!� : •..• f1..rc 'iiiY� 1: "g� � tWr4r ?�� p4: �i:? AC .2�pFf � 1,. Y ,e .�� F.4 l ' . , us�nae: :�H `dd . .,.,,i.N+.,. rw..v.tllSi3„ .( .r. ......:.. ...... ....: .. :... ,: ...,., „� : FIDELITY:NATIONAL TITLE COMPANY OF OREGON US Bank . --'-- . _- - __.. �_ ... , . 535 Westminster Mall 5010019798 jFl Portland Trust Account OR�2001 ,.::, Janus 26 2018 irg�"a� pn--; e,d �Ot}SW.5th'Av�nu�' Westminster,CA 92683 ry yt�,r i 04, ptit#I nd 01 3T2t>4 �sCiow No:45141 T22t 5 24-22 �'i`= ::, ' - :' `:(503)222-2424` ria,I r;< -�=::':�::. ;:..:...:, .:.. 1230 1,u : t ` ::x; � �our::fu�red�: I"�Nte�ntt�00r100:�,�::.:::...:•,�... �. Dollars I:}a ' ifi AMOUNT $ **439.00 `::f • CUSTODIAL ESCROW ACCOUNT :: ' '% PAY Avanoa LLC, an Arizona Limited Liability Company VOIOAFTER 9DDAYS,TWO SIGNATURES REQUiRm ?t};; TO THE 4904 South Power Rd �,�,�► v � :;ii,; sl ' '� ORDER Ste 102-203 _ ...........----: ._:.. •p ._.__._.. :• .:..._.. . -.:._: . . _ "" i`; A :' i 1 ,,i ::::: ....( 0 . • •:r' Mesa, AZ 85212 ,,,,► '•'. MEMO Excess Cash to Close °. ` ..w___... :.-... . CONTAINS:SWUM.ViOP. •a: • . - — Its 50 L00 L9 ?913111 1: 123000 2 201: L 5 3695 2 68 6B 711' '... ,. .•-_.,•,,..__.. _...... _...--:.......;,.. '.f,r:r:!:'r'::r�r?••.•: :r. .:r. :.r.rv,i-4-.::i--pp I`l;:.:';a. : ti'S .tilt..'ar::r:.�: •J... r�"nt r• air.•• r• 5T. Fidelity National Title Company of Oregon )-i'7-i 900 SW 5th Avenue, Portland,OR 97204 Phone:(503)222-2424 i FAX:(503)227-2274 AMENDED FINAL BUYER'S STATEMENT Settlement Date: January 26,2018 Escrow Number: 45141722005 Disbursement Date: January 26,2018 Escrow Officer: Paula Kingsley Buyer: Avanoa LLC,an Arizona Limited Liability Company(100.00000%) 4904 South Power Rd,Ste 102-203 Mesa,AZ 85212 Seller: Autonome ASR LLC,an Oregon Limited Liability Company(100.00000%) 4702 Avery Lane Tigard,OR 97223 Property: 6960 SW Varns Street Tigard,OR 97223 Lender: Western Alliance Bank 1907 E Pecos Rd Gilbert,AZ 85295 $ DEBIT $ CREDIT FINANCIAL CONSIDERATION Contract sales price 1,740,000.00 Deposit or earnest money Avanoa LLC,an Arizona Limited Liability 50,000.00 Company Principal amount of new loan(s) Western Alliance Bank 1,392,000.00 Buyer's funds to close Avanoa LLC,an Arizona Limited Liability 309,082.24 Company PRORATIONS/ADJUSTMENTS County taxes 01/22/18 to 07/01/18 ($15,613,43/365 X 160 days) 6,844.24 NEW LOAN CHARGES-Western Alliance Bank Total Loan Charges:$264.00 Appraisal/Review Fee Western Alliance Bank RE:POC$3,840.00 Environmental Fee Western Alliance Bank RE:POC$500.00 Flood Certification Fee Western Alliance Bank 14.00 Document Fee Western Alliance Bank 250.00 TITLE&ESCROW CHARGES Escrow Fee Split 50/50 Fidelity National Title Company of Oregon 950.00 Loan policy premium Fidelity National Title Company of Oregon 772.00 OTIRO 201-06-Street Assessments(ALTA Fidelity National Title Company of Oregon 50.00 1-06) OTIRO 206-06-Variable Rate(ALTA 6-06) Fidelity National Title Company of Oregon 50.00 OTIRO 208.2-06-Commercial Environmental Fidelity National Title Company of Oregon 269.00 Protection Lien(ALTA 8.2-06) OTIRO 241-06-Water-Buildings(ALTA Fidelity National Title Company of Oregon 100.00 41-06) OTIRO 218-06-Single Tax Parcel(ALTA Fidelity National Title Company of Oregon 50.00 18-06) E-Recording Fee Fidelity National Title Company of Oregon 20.00 Inspection Fee Fidelity National Title Company of Oregon 125.00 Policies to be issued: Loan Policy Coverage: $1,392,000.00 Premium:$772.00 Version: ALTA Loan Policy 2006 GOVERNMENT CHARGES Recording fees Fidelity National Title Company of Oregon 279.00 City/County tax/stamps Fidelity National Title Company of Oregon 870.00 Subtotals 1,750,643.24 1,751,082.24 Balance Due TO Buyer 439.00 TOTALS 1,751,082.24 1,751,082.24 THIS IS A CERTIFIED COPY OF THE ORIGINAL DOCUMENT(S)BY FIDELITY NATIONAL TITLE COMPANY OF OREGON a 1 Fidelity National Ti e Company of Oregon, Settlement Agent CERTIFIED COPY Page 1 of 2 (45141722005/69)January 26,2018 4:13 PM P FINAL BUYER'S STATEMENT-Continued SAVE THIS STATEMENT FOR INCOME TAX PURPOSES CERTIFIED COPY Page 2 of 2 (45141722005/69)January 26,2018 4:13 PM P , Washington County,Oregon 201 U-006325 D DQ 01/26/2018 11:39:37 AM Sin=2 S AKINS r0 RECORDING REQUESTED BY: $15.00$11.00$5.00$20.00 $51.00 ,.; Fidelity National Title I,Richard Hobernlcht,Director of Assessment and Taxation and Ex- �nti, Company of Dreva Officio County Clerk for Washington County,Oregon,do hereby �^ certify that the within Instrument of writing was received and �"r 900 SW 5th Avenue recorded in the book of records of said county. 1 Portland, OR 97204 Richard Hobernicht,Director of (,, Assessment and Taxation, Ex-Officio kf0 GRANTOR'S NAME: • Bowersox Law Firm, P.C. „\ GRANTEE'S NAME: tt`"' Autonome ASR LLC, an Oregon Limited Liability Company 1-'a_ Oi IFI r rt-;,;; ,_,,. 7i,- i.:'I•f.'i iii ,_� AFTER RECORDING RETURN TO: . -'iG,r•1f''`�`+'`':Ii:-1L. Jeffrey =. Bowersox 2 • _i7"_.: Autonome ASR LLC, an Oregon Limited Liability Company - 4702 Avery Lane Lake Grove, OR 97035 tr O SEND TAX STATEMENTS TO: gAutonome ASR LLC, an Oregon Limited Liability Company 4702 Avery Lane 0 Lake Grove, OR 97035 O R2186876 and 2511 DA-02100 6960 SW Varns Street,Tigard, OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE (6 STATUTORY QUITCLAIM DEED 1 Z Bowersox Law Firm, P.C., Grantor, releases and quitclaims to Autonome ASR LLC, an Oregon Limited 4 Liability Company, Grantee, all right, title and interest in and to the following described real property situated in TD. T3 the County of Washington, State of Oregon, to wit: U. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF THE TRUE CONSIDERATION FOR THIS CONVEYANCE IS NO DOLLARS AND NO/100 DOLLARS ($0.00). (See ORS 93.030). TERMINATION_OF LEASE RECORDED MARCH 31,2014 AND RECORDING NO. 2014-018311 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED 1N ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195,301 AND 195.305 TO 195,336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. This instrument filed for record by Fidelity National Title as an accommodation only. It has not been examined as to its Deed(Statutory Quitclaim) execution or as to its effect upon the title. Printed: 01.18.18 @ 09:42 AM by PK ORD1289.doc/Updated: 05.01.17 Page 1 . OR-FT-FPYM-01520.472001-45141722005 RECORDING REQUESTED BY: t�hA) Fidelity National Title ,) Campaoy of Ou nn 900 SW 5th Avenue Portland,OR 97204 3 GRANTOR'S NAME: Bowersox Law Firm, P,C. J GRANTEE'S NAME: Autonome ASR LLC, an Oregon Limited Liability Company AFTER RECORDING RETURN TO: Jeffrey Bowersox �.� Autonome ASR LLC,an Oregon Limited Liability Company .,v 4702 Avery Lane Lake Grove, OR 97035 5 SEND TAX STATEMENTS TO: Autonome ASR LLC,an Oregon Limited Liability Company ... 4702 Avery Lane Lake Grove, OR 97035 0 (1) R2186876 and 2511 DA-02100 6960 SW Varns Street, Tigard, OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE itS STATUTORY QUITCLAIM DEED Bowersox Law Firm, P.C., Grantor, releases and quitclaims to Autonome ASR LLC, an Oregon Limited Liability Company, Grantee, all right, title and interest in and to the following described real property situated in the County of Washington, State of Oregon, to wit: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF THE TRUE CONSIDERATION FOR THIS CONVEYANCE IS NO DOLLARS AND NO/100 DOLLARS ($0.00). (See ORS 93.030). TERMINATION OF LEASE RECORDED MARCH 31,2014 AND RECORDING NO. 2014-018311 BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. This instrument filed for record by Fidelity National Title as an accommodation only.It has not been examined as to its Deed(Statutory Quitclaim) execution or as to its effect upon the title. Printed: 01-18.18 @ 09:42 AM by PK ORD1289,doc/Updated: 05.01.17 Page 1 . OR-FT-FPYM-01520.472001-45141722005 EXHIBIT "A" Legal Description IN WITNESS WHEREOF, the undersigned have executed this document on the date(s)set forth below. Dated: ( r (C3 Bowe _ - ► or Jef - Lowersox Title: ?(£4514 State of Oregon County of Multnomah �.i This instrument was acknowledged before me on .IAAWtL` 1":) �'j by }fLSt. � ��.� k 'L �' as of c Notary Public: tat f Or on My Commission Expires: a7, r 1 OFFICIAL STAMP �o) ( ` ' PAULA ANNE MRAZ KINGSLEY 9 ' NOTARY PLISLIO-ORS9C1,..---I \ COMMIS910.141012n31 0� MY +, ,I$ei0 f(PIAri MAY 6 OAl E Q1 (} �J ~ OFFICIAL STAMP (}} :':. • PAULA ANNE MRAZ KINGSLEY ! �{ -'"'" 'l NOTARY PUBLIC-OREGON (1 ) Ni„,_ 00. NO.929031 ( l MY COMMISSION EXPIRES MAY29 2018/) Deed(Statutory Quitclaim) Printed: 01.18.18 @ 09:42 AM by PK ORD1289.doc/Updated: 05.01 17 Page 2 OR-FT-FPYM-01520.472001-45141722005 EXHIBIT "A" Legal Description Commencing at a %inch iron pipe at the Southwest corner of Lot 3, VARNS ACRES, in the City of Tigard, County of Washington and State of Oregon; thence South 89° 11' 10" East, along the Southerly boundary of said Lot 3, a distance of 138.00 feet to a 5/8 inch x 30 inch iron rod and the true point of beginning;thence continuing South 89° 11' 10" East, 192.00 feet to the Southwest corner of Lot 4, YARNS ACRES; thence continuing South 89° 11' 10" East, along the South line of said Lot 4, to the Southwesterly right-of-way line of the Beaverton Tigard Highway (also Oregon State Highway 217); thence North 30° 29' 42"West, along the right-of-way line to the point of intersection of said Southwesterly right-of-way with the East line of said Lot 3; thence continuing North 30° 29'42" West, along said Southwesterly right-of-way line 225.84 feet to a 3/4 inch iron rod at a point of"spiral tangent"; thence Northwesterly along a spiral curve to the left 39° 30' 13"West 39.41 feet to a 5/8 inch iron rod (Long chord bears North 30° 30' 13" West 39.41 feet); thence leaving said spiral curve, South 1° 21' 10" East 88.47 feet to a 5/8 inch iron rod; thence North 88° 31' 10" West 12.20 feet; thence South 33° 09'42" West 62.08 feet; thence South 89° 11' 10" East 6.00 feet; thence South 2° 14' 20"West, parallel with the Westerly line of said Lot 3, VARNS ACRES, 187.00 feet to the true point of beginning. TOGETHER WITH a perpetual non-exclusive easement for access, as described in document recorded October 27, 1983, as Recorder's Fee No. 83039764, aver a 30 foot strip of land, the centerline of which is described as follows: Beginning at a point in the centerline of said easement, which point is South 89° 11' 10" East 138.00 feet and North 55° 54' 10" West 60.70 feet from a 3/4 inch iron rod at the Southwest corner of Lot 3, VARNS ACRES;from said place of beginning thence along the centerline of said easement (15.00 feet on each side of the following courses and distances) North 24° 42' 50" East 103.00 feet; North 2° 07' 50" East 47.00 feet; North 35° 44' 50"East 72.00 feet; North 4° 38'40"West 91.00 feet; North 33° 29' 10"West 264.67 feet to the terminus of said easement; said terminus bears North 2° 14' 20" East 542.64 feet from said 3/4 inch iron pipe at the Southwest corner of Lot 3, VARNS ACRES. Deed(Statutory Quitclaim) Printed: 01.18.18 t 09;42 AM by PK ORD1289.doc l Updated: 05.01.17 Page 3 OR-FT-FPYM-01520.472001-45141722005 !rl.;.,•... ,...... _. .. :.4•?. .... i .. ,. .. ail;::vtf. .._ .. ...... ...... ....... .. .... ..•.. ,... ..............•... ,.... .. ..... ..... .r .. : ••'i' ..... ..'fit.'...:•t:!...... .'.i':.... .. .. •......•.. ......... ..:'�,'..... ... .. .. .r. ....... .... .,t';•',r::•'_,',::,• .. [ Washington County,Oregon 2018-006326 RECORDING REQUESTED BY: D-DW ® Fidelity National Title' Stn=2 S AKINS 01/26/2018 11:39:37 AM ',binn, coagxnyofOmego. $25.00$11,00$5.00$20.00$1,740.00 $1,801.00 I,Richard Hobernicht,Director of Assessment and Taxation and Ex- 900 SW 5th Avenue Officio County Clerk for Washington County,Oregon,do hereby Portland,OR 97204 certify that the within instrument of writing was received and recorded in the book of records of said county. GRANTOR'S NAME: Richard Hobernicht,Director of Autonome ASR LLC,an Oregon Limited Liability Company Assessment and Taxation,Ex Officio GRANTEE'S NAME: tAvanoa LLC, an Arizona Limited Liability Company 1y1 :i irl�L=a4'C:i_iiiFYIriiSi: r O AFTER RECORDING RETURN TO: ! , i 19 RE it.:Eri:EXACT 'a'li i CI) Order No.: 45141722005-PK ,1: .i'iE.:i�.:NF,0o,•;ii:\n4,air. --11 Jeffrey Bowersox <<al:.; ,r�nrir.0;_ IT;..E C`)\ Autonome ASR LLC,an Oregon Limited Liability Company t :sere— N 4702 Avery Lane Lake Grove,OR 97035 SEND TAX STATEMENTS TO: Avanoa LLC,an Arizona Limited Liability Company 4904 South Power Rd, Ste 102-203 Mesa,AZ 85212 c APN: R2186876 O Map: 2511 DA-02100 6960 SW•Varns Street,Tigard,OR 97223 (5 SPACE ABOVE THIS LINE FOR RECORDER'S USE +t– aa) STATUTORY WARRANTY DEED t- Autonome ASR,LLC, an Oregon Limited Liability Company, Grantor, conveys and warrants to Avanoa,LLC, To O an Arizona Limited Liability Company, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Washington,State of Oregon: co Z SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF .v' lii SEE EXHIBIT "B"PERMITTED EXCEPTIONS ATTACHED HERETO T it THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS ONE MILLION SEVEN HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($1,740,000.00). (See ORS 93.030). BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7,CHAPTER 8, OREGON LAWS 2010. Deed(Statutory Warranty) pR-FT FPYM-0k520.472601 45141722005 ORD1293.doc i Updated: 05,01.17 Page 1 RECORDING REQUESTED BY: ®®m)R I Fidelity National Title Company ar Oregon 900 SW 5th Avenue Portland, OR 97204 GRANTOR'S NAME: Autonome ASR LLC, an Oregon Limited Liability Company GRANTEE'S NAME: Avanoa LLC, an Arizona Limited Liability Company AFTER RECORDING RETURN TO: Order No.: 45141722005-PK Jeffrey Bowersox Autonome ASR LLC,an Oregon Limited Liability Company 4702 Avery Lane Lake Grove, OR 97035 SEND TAX STATEMENTS TO: ,.� Avanoa LLC, an Arizona Limited Liability Company 4904 South Power Rd,Ste 102-203 Mesa,AZ 85212 APN: R2186876 Map: 2S11 DA-02100 6960 SW Varns Street,Tigard, OR 97223 D SPACE ABOVE THIS LINE FOR RECORDER'S USE N- STATUTORY WARRANTY DEED H -13 Autonome ASR,LLC, an Oregon Limited Liability Company, Grantor, conveys and warrants to Avanoa,LLC, © an Arizona Limited Liability Company, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon: Z SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF -63 SEE EXHIBIT "B" PERMITTED EXCEPTIONS ATTACHED HERETO THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS ONE MILLION SEVEN HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($1,740,000.00). (See ORS 93.030). BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Deed(Statutory Warranty) ORD1293.doc/Updated: 05.01.17 Page 1 OR-FT-FPYM-01520,472001-45141722005 e.: .:i:':r�r. [^ •�...':. ^rr.: fir::.' -r STATUTORY WARRANTY DEED (continued) IN WITNESS WHEREOF, the undersigned have executed this document on the date(s)set forth below. Dated: January 18, 2018 Autono ►- A ` a 'Oregon Limited Liability Company /V-V BY: .i,/ Jeffrey w-r ox, Manager State of Oregon County of Multnomah ` ��Vl rb This instrument was acknowledged before me on }-6 P,,.il.ADJI-v 3 0 X as rVv(LC -e. of (*Gt h) C.)VVV-(2.. auk, 0 ti\ Ut. •k0 i ctc- `.f ck. tl,(Q-C) L Notary' Public-- State o: Or gon )r, OFFICIALSTAMP ( k' _ PAULA ANNE MAAZ KINGSLEY NOTARY PUBLIC-OREGON r COMMISSION N0.X2903] MY COMMISSION EXPIRES MAY 29 2O1 e Deed(Statutory Warranty) ORD1293.doc!Updated: 05.01.17 Page 2 OR-FT-FPYM-01520.472001-45141722005 EXHIBIT "A" Legal Description Commencing at a 3/4 inch iron pipe at the Southwest corner of Lot 3, VARNS ACRES, in the City of Tigard, County of Washington and State of Oregon; thence South 89° 11' 10" East, along the Southerly boundary of said Lot 3, a distance of 138.00 feet to a 5/8 inch x 30 inch iron rod and the true point of beginning;thence continuing South 89° 11' 10" East, 192.00 feet to the Southwest corner of Lot 4, VARNS ACRES; thence continuing South 89° 11' 10" East, along the South line of said Lot 4, to the Southwesterly right-of-way line of the Beaverton Tigard Highway (also Oregon State Highway 217); thence North 30° 29'42"West, along the right-of-way line to the point of intersection of said Southwesterly right-of-way with the East line of said Lot 3; thence continuing North 30° 29'42" West, along said Southwesterly right-of-way line 225.84 feet to a 3/4 inch iron rod at a point of"spiral tangent"; thence Northwesterly along a spiral curve to the left 39° 30' 13" West 39.41 feet to a 5/8 inch iron rod (Long chord bears North 30° 30' 13"West 39.41 feet); thence leaving said spiral curve, South 1° 21' 10" East 88.47 feet to a 5/8 inch iron rod; thence North 88° 31' 10" West 12.20 feet; thence South 33° 09'42"West 62.08 feet; thence South 89° 11' 10" East 6.00 feet; thence South 2° 14'20"West, parallel with the Westerly line of said Lot 3, VARNS ACRES, 187.00 feet to the true point of beginning. TOGETHER WITH a perpetual non-exclusive easement for access, as described in document recorded October 27, 1983, as Recorder's Fee No. 83039764, over a 30 foot strip of land,the centerline of which is described as follows: Beginning at a point in the centerline of said easement, which point is South 89° 11' 10" East 138.00 feet and North 55° 54' 10" West 60.70 feet from a 3/4 inch iron rod at the Southwest corner of Lot 3, VARNS ACRES; from said place of beginning thence along the centerline of said easement (15.00 feet on each side of the following courses and distances) North 24° 42' 50" East 103.00 feet; North 2° 07' 50" East 47.00 feet; North 35°44' 50" East 72.00 feet; North 4° 38' 40" West 91.00 feet; North 33° 29' 10"West 264.67 feet to the terminus of said easement; said terminus bears North 2° 14' 20" East 542.64 feet from said 3/4 inch iron pipe at the Southwest corner of Lot 3, VARNS ACRES. Deed(Statutory Warranty) ORD1293.doc/Updated: 05.01.17 Page 3 OR-FT-FPYM-01520.472001-45141722005 EXHIBIT°B" PERMITTED EXCEPTIONS 1. City Liens, if any, in favor of the City of Tigard. None found as of October 10, 2017. 2. Limited access to and from the Land as contained in Decree of Condemnation entered in the proceedings as set forth below, which provides that there shall be no right of easement or right of access from the Land to the highway other than as expressly provided for in said Decree: Suit No.: 28-192 County: Washington Court: Circuit In favor of: State of Oregon, by and through its State Highway Commission Name of Highway: State Highway 217 3. Limited access to and from the Land as set forth in Deed shown below, which provides that there shall be no right of easement or right of access to, from or across the State Highway other than as expressly provided for in said Deed: Grantor: Grantee: State of Oregon, by and through its State Highway Commission Recording Date: September 15, 1965 Recording No.: Book 569, Page 115 4. Maintenance Agreement, including the terms and provisions thereof, Recording Date: December 27, 1977 Recording No.: Book 1227, Page 992 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Owners of adjoining property to the West Purpose: Ingress and egress over existing driveway Recording Date: December 28, 1977 Recording No: Book 1228, Page 295 Affects: Exact location not specified 6. Mutual Easement for vehicular and pedestrian ingress and egress, including the terms and provisions thereof, Recording Date: December 12, 1978 Recording No.: 78054140 7. Mutual Easement for vehicular and pedestrian ingress and egress, including the terms and provisions thereof, Recording Date: October 27, 1983 Recording No.: 83039764 EXHIBIT"B"PERMITTED EXCEPTIONS (CONTINUED) 8. Easement(s) for the purpose(s) shown below'and rights incidental thereto, as granted in a document: Granted to: State of Oregon, by and through its Department of Transportation Purpose: Subsurface retaining wall supports and utilities Recording Date: March 31, 1999 Recording No: 99-038870 Affects: Northeasterly portion abutting Highway 217 9. Existing Leases and Tenancies. • • • • • Washington County,Oregon 2018-006327 Stn=2 5 AKINS 01/26/2018 11:39:37 AM in RECORDATION REQUESTED BY: $55.00$11.00$5.00$20.00 $91.00 Western Alliance Bank,an Arizona corporation I.Richard Hobernicht,Director of Assessment and Taxation and Ex- GILBERT BRANCH Officio County Clerk for Washington County,Oregon,do hereby 1907 East Pecos Road certify that the within Instrument of writing was received and Gilbert,AZ 85295 recorded in the book of records of said county. Richard Hobernicht,Director of WHEN RECORDED MAiL TO: Assessment and Taxation,Ex-Officio Western Alliance Bank,an Arizona corporation GILBERT BRANCH • 1907 East Pecos Road Gilbert,AZ 85295 b:,r_.re.RA?'V r 1-111Fy THS 0 ED TRUE AND EXACT CC)F EiGNEL` tiGii AL • -i1:).E(11 i.tS ...- RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated January 18, 2018, among AVANOA, LLC, an Arizona limited liability company, whose address is 4001 E. Baseline Rd. Ste 107, Gilbert, AZ 85234 ("Grantor"); Western Alliance Bank, an Arizona corporation, whose address is GILBERT BRANCH, 1907 East Pecos Road, Gilbert, AZ 85295 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Fidelity National Title Company Of Oregon , whose address Is 900 SW Fifth Avenue, Portland, OR 97204(referred to below as "Trustee"). C CONVEYANCE AND GRANT. For valuable consideration,represented In the Note dated January 18,2018,In the original principal amount Q of$1,392,000.00,from Grantor to Lender,Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right,title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, O Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights);and all other rights royalties,and profits relating to the real property,including without limitation all 0 minerals,oil,gas,geothermal and similar matters,(the "Real Property") located in Washington County, State of Oregon: a> See Exhibit A-Attached hereto and by this reference made a part hereof The Real Property or its address is commonly known as 6960 SW Varns Street,Tigard, OR 97223. Grantor presently assigns to Lender(also known as Beneficiary in this Deed of Trust)all of Grantor's right,title,and interest in end to all O present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. Z THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: 13 ji,,, PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due,and shall strictly and in a timely manner perform all of Grantor's obligations under the Note,this Deed of Trust,and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY, Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default,Grantor may (1) remain in possession and control of the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8, OREGON LAWS 2010.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED iN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WiTH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195,305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17.CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value, Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use,generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any RECORDATION REQUESTED BY: Western Alliance Bank,an Arizona corporation GILBERT BRANCH 1907 East Pecos Road Gilbert,AZ 85295 WHEN RECORDED MAIL TO: Western Alliance Bank, an Arizona corporation • GILBERT BRANCH 1907 East Pecos Road Gilbert,AZ 85295 FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated January 18, 2018, among AVANOA, LLC, an Arizona limited liability company, whose address is 4001 E. Baseline Rd, Ste 107, Gilbert, AZ 85234 ("Grantor"); Western Alliance Bank, an Arizona corporation, whose address is GILBERT BRANCH, 1907 East Pecos Road, Gilbert, AZ 85295 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Fidelity National. Title Company Of Oregon , whose address is 900 SW Fifth Avenue, Portland, OR 97204 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration,represented in the Note dated January 18, 2018, in the original principal amount of$1,392,000.00,from Grantor to Lender, Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights);and all other rights, royalties, and profits relating to the real property, includingwithout limitation ail 46 minerals,oil,gas,geothermal and similar matters, (the "Real Property") located in Washington County, tate of Oregon: See Exhibit A -Attached hereto and by this reference made a part hereof The Real Property or its address is commonly known as 6960 SW Varns Street, Tigard, OR 97223. Grantor presently assigns to Lender(also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all C) present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Com{; Code security interest in the Personal Property and Rents. 2 THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS � UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents_ POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use,operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2.009,AND SECTIONS 2 TO 7,CHAPTER 8, OREGON LAWS 2010. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform ail repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any • +v• .w:: -.tom. ,.}.,tr••,.e.•r..„ •'0h. �..vi DEED OF TRUST (Continued) Page 2 Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat,dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise. Nuisance,Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit,or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not remove,or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation,the Americans With Disabilities Act. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole-opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, In addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer,without Lenders prior written consent,of all or any part of the Real Property,or any interest in the Real Property. A'sale or transfer"means the conveyance of Real Property or any right,title or interest in the Real Property;whether legal, beneficial or equitable;whether voluntary or involuntary;whether by outright sale, deed, installment sale contract,land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property,or by any other method of conveyance of an interest in the Real Property. If any Grantor Is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent(25%)of the voting stock,partnership interests or limited liability company interests,as the case may be,of such Grantor. However,this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Oregon law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due(and in all events prior to delinquency)all taxes,special taxes,assessments,charges(including water and sewer),fines and impositions levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property_ Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay,so long as Lender's interest in the Property is not jeopardized. if a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15)days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on DEED OF TRUST (Continued) Page 3 account of the work, services,or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause,and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard,business interruption, and boiler Insurance,as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor,upon request of Lender,will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten(10)days prior written notice to Lender. Each Insurance policy also shall Include an endorsement providing that coverage in favor of Lender will not be Impaired in any way by any act, omission or default of Grantor or any other person._ Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender,and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen(15)days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property,or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall,upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not In default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy_ Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. - LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to. discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. Ali such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple,free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy,title report,or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power,and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws,ordinances,and regulations of governmental authorities_ Survivalof Representations and Warranties. All representations, warranties, and agreements made by Grantor In this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly • DEED OF TRUST (Continued) Page 4 take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding,but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of •all reasonable costs,expenses,and attorneys'fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property_ Grantor shall reimburse Lender for all taxes, as described below,together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default,Grantor shall not remove,sever or detach the Personal Property from the Property. Upon default,Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three(3)days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender(secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Code)are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES;ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time,and from time to time,upon request of Lender,Grantor will make,execute and deliver, or will cause to be made, executed or delivered,to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled,or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing,delivering,filing,recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law_ EVENTS OF DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term,obligation,covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term,obligation,covenant or condition contained in any other agreement between Lender and Grantor. DEED OF TRUST (Continued) Page 5 Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust,the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when,due any term,obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the indebtedness or Grantor's ability to perform Grantor's obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason. Death or insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Grantor's existence as a going business or the death of any member, the Insolvency of Grantor,the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender, in its sole discretion,as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that Is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,at any time thereafter,Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust,after Grantor's failure to perform,shall not affect Lender's right to declare a default and exercise its remedies. Accelerate indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property,the Trustee shall have the right to foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by ' applicable law. If this Deed of Trust is foreclosed by judicial foreclosure,Lender will be entitled to a judgment which will provide that if the foreclosure sale proceeds are insufficient to satisfy the judgment, execution may issue for the amount of the unpaid balance of the judgment. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. if the Rents are collected by Lender,then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds,over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. DEED OF TRUST (Continued) Page 6 Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option,either (1) pay a reasonable rental for the use of the Property,or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least fifteen (15) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property, To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies,the Trustee or Lender shall be free to sell all or any part of the Property together or separately,in one sale or by separate sales. Lender shall be entitled to bid at any public safe on all or any portion of the Property. Attorneys'Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys'fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys'fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors'reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. However, Grantor will only pay attorneys' fees of an attorney not Lender's salaried employee, to whom the matter is referred after Grantor's default. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor. (a)join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b)join in granting any easement or creating any restriction on the Real Property; and (c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust_ Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien,or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. in addition to the rights and remedies set forth above,with respect to all or any part of the Property,the Trustee shall have the right to foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreclosure,in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Washington County,State of Oregon. The instrument shall contain,in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor,the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest, The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if mailed,when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's address. For notice purposes,Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. NOTICE OF FINAL AGREEMENT. By signing this agreement each party represents, warrants and agrees that: (a)this written agreement represents the final agreement between the parties regarding the subject matter hereof, (b) there are no unwritten oral agreements between the parties, and (c) no written agreement to which Lender is a party may be contradicted by evidence of any prior, contemporaneous,or subsequent unwritten agreements or understandings of the parties. RULES OF CONSTRUCTION. As used herein, (i) Includes," " including," and similar terms are not limiting; (ii) "may not" and similar terms are prohibitive and not permissive; (iii)the singular includes the plural; (iv)"or" is not exclusive; (v)any reference to a form, plan, policy, procedure,guideline, instruction, title, code, law, statute,ordinance,rule, regulation, order,or other governmental provision,or any part thereof, shall include the same as it may from time to time be amended, succeeded or replaced; and (vi)in construing any ambiguity -...-....,ar•:..,«::-- -:r:._... .-....�.,.-;.t �..�......r,.-.-,•s•r-..n:. .rrr- .:r. ,,,. - _. ..r, ,r; _ _ .,�,..,,, r- rwt• DEED OF TRUST (Continued) Page 7 herein,the agreement shall be interpreted in a neutral manner as to each of the parties, notwithstanding any common law or statutory rule of construction that the terms of an agreement should be interpreted most strongly against the party who caused the uncertainty to exist; (vii) words of any gender include each other gender; (viii)the terms "hereof,""herein," "hereby"and derivative or similar words refer to this entire Agreement(including any schedules, exhibits and attachments hereto); (ix) references to any Person shall be deemed to mean and include the successors and permitted assigns of such Person; (x)any reference to a number of days shall refer to calendar days unless business days are specified; and (xi) any reference to an attached Exhibit or a Schedule, the Exhibit or Schedule shall be deemed to be incorporated by reference. RIGHT TO CURE. if any default, other than a default in payment, is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve(12)months,it may be cured if Grantor,after Lender sends written notice to Grantor demanding cure of such default: (1)cures the default within fifteen(15)days;or(2) if the cure requires more than fifteen(15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created'by this Deed of Trust with any other interest or estate In the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights against the Property, this Deed of Trust will be governed by federal law applicable to Lender and to the extent not preempted by federal law,the laws of the State of Oregon. In all other respects, this Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Arizona without regard to its conflicts of law provisions. However, if there ever is a question about whether any provision of this Deed of Trust is valid or enforceable, the provision that is questioned will be governed by whichever state or federal law would find the provision to be valid and enforceable. The loan transaction that is evidenced by the Note and this Deed of Trust has been applied for,considered,approved and made,and all necessary loan documents have been accepted by Lender in the State of Arizona. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Maricopa County,State of Arizona. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given In writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal,invalid, or unenforceable as to any circumstance,that finding shall not make the offending provision illegal,invalid,or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender,without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon as to all Indebtedness secured by this Deed of Trust. Commercial Deed of Trust. Grantor agrees with Lender that this Deed of Trust is a commercial deed of trust and that Grantor will not change the use of the Property without Lender's prior written consent. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words DEED OF TRUST (Continued) Page 8 and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word"Beneficiary"means Western Alliance Bank,an Arizona corporation,and its successors and assigns. Borrower. The word"Borrower" means AVANOA, LLC, an Arizona limited liability company and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word"Default"means the Default set forth in this Deed of Trust in the section titled"Default". Environmental Laws. The words"Environmental Laws"mean any and all state,federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986,Pub. L.No. 99-499("SARA"),the Hazardous Materials Transportation Act,49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws,rules,or regulations adopted pursuant thereto or intended to protect human health or the environment. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word"Grantor"means AVANOA,LLC,an Arizona limited liability company. Guarantor. The word"Guarantor"means any guarantor,surety,or accommodation party of any or all of the Indebtedness. Guaranty. The word"Guaranty"means the guaranty from Guarantor to Lender,including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes,without limitation, petroleum,including crude oil and any fraction thereof and asbestos. improvements. The word "Improvements"means all existing and future improvements,buildings, structures,mobile homes affixed on the Real Property,facilities,additions, replacements and other construction on the Real Property. Indebtedness. The word"Indebtedness"means all principal, interest, and other amounts,costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust,together with interest on such amounts as provided in this Deed of Trust. Lender. The word"Lender"means Western Alliance Bank,an Arizona corporation,its successors and assigns. Note. The word "Note" means the promissory note dated January 18, 2018, in the original principal amount of $1,392,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of,and substitutions for the promissory note or agreement. The maturity date of the Note is July 18,2018. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, alf replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property. The word"Property"means collectively the Real Property and the Personal Property. Real Property. The words"Real Property"mean the real property,interests and rights,as further described in this Deed of Trust. Related Documents. The words"Related Documents"mean all promissory notes, credit agreements, loan agreements,environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word"Rents"means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee"means Fidelity National Title Company Of Oregon , whose address is 900 SW Fifth Avenue, Portland, OR 97204 and any substitute or successor trustees. DEED OF TRUST (Continued) Page 9 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND GRANTOR AGREES TO ITS TERMS. GRANTOR: AVANOA, LLC,AN ARIZONA LIMITED LIABILITY COMPANY NATIONAL VASCULAR INSTITUTE, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, Manager/Membef/of AVANOA;LLC,an Arizona limited liability company BY,.:.., , -._--,,-is-',,,,:_ SPENCER BRANNAN, Manager of NATIONAL VASCULAR INSTITUTE, LLC, an Arizona limited liability company THUNDERSTAR INVESTMENT SERVICES, LLLP, AN ARIZONA LIMITED LIABILITY LIMITED PARTNERSHIP,Manager/Member of AVANOA,LLC,an Arizona limited liability company FIRESTORM MANAGEMENT SERVICES, INC., AN ARIZONA CORPORATION, General Partner of THUNDERSTAR INVESTMENT SERVICES, LLLP, an Arizona limited liability limited partnership _ By: i,`l (---''''' ' � JOEL P AINWATER; President/Secretary of FIRESTORM MANAGEMENT SERVICES,INC., an Arizona corporation LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF NO ) SS COUNTY OF t'-kaicoç &.. ) f311-41 On this day of , 20 1b , before me, the undersigned Notary Public, personally appeared SPENCER BRANNAN, Manager of NATI9 AL VASCULAR INSTITUTE, LLC, an Arizona limited liability company, Manager/Member of AVANOA, LLC, an Arizona limited liabilit company and JOEL RAINWATER, President/Secretary of FIRESTORM MANAGEMENT SERVICES, INC., an Arizona corporation, General Partner of THUNDERSTAR INVESTMENT SERVICES, LLLP, an Arizona limited liability limited partnership, Manager/Member of AVANOA, LLC, an Arizona limited liability company, and known to me to be members or des':--ted agents of the limited liability company that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and •lun ary act and deed of the limi :• iabi i y company, by authority of statute, its articles of organization or tts operating agreement,f.r th=us.s and purposes therein • en'•--I, and on oath stated that they ar- authorized to e ecute this Deed of Trust and in fact ex-cut'• •. D•gd of Trus :s, •a-.If u- e limited liability company. 'Y _A .JIA% <</ • al f��/._ _ Residing at li A Jir No ary Piti fo he State r i Art My commission expires Ji.9j12011 410 1. OFFICIAL SEAL • 2, T, TIFFANY EVANGELINE TOMCCZAK +�v NOTARY PUBLIC-State of Adtona t� ,4= MARICOPA COUNTY �•t nner My Comm.Expires July 13,2019 • vs i'f= i DEED OF TRUST (Continued) Page 10 REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: ,Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed,upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust(which is delivered to you together with this Deed of Trust), and to reconvey,without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: LaserPro, Ver. 17.4.0.022 Copr. D+H USA Corporation 1997, 2018. All Rights Reserved. - OR/AZ F:\LASERPRO\WAB\CFI\LPLIG01.FC TR-62184 PR-265 • EXHIBIT "A" Legal Description Commencing at a% inch iron pipe at the Southwest corner of Lot 3, YARNS ACRES, in the City of Tigard, County of Washington and State of Oregon; thence South 89° 11' 10" East, along the Southerly boundary of said Lot 3, a distance of 138,00 feet to a 5/8 Inch x 30 inch iron rod and the true point of beginning;thence continuing South 89° 11' 10" East, 192.00 feet to the Southwest corner of Lot 4, VARNS ACRES;thence continuing South 89° 11' 10" East, along the South line of said Lot 4, to the Southwesterly right-of-way line of the Beaverton Tigard Highway (also Oregon State Highway 217);thence North 30° 29'42"West, along the right-of-way line to the point of intersection of said Southwesterly right-of-way with the East line of said Lot 3; thence continuing North 30° 29'42" West, along said Southwesterly right-of-way line 225.84 feet to a 3/4 inch iron rod at a point of"spiral tangent"; thence Northwesterly along a spiral curve to the left 39° 30' 13"West 39.41 feet to a 518 inch iron rod (Long chord bears North 30° 30' 13" West 39,41 feet); thence leaving said spiral curve, South 1° 21' 10" East 88.47 feet to a 5/8 inch Iron rod; thence North 88° 31' 10" West 12.20 feet; thence South 33° 09'42"West 62.08 feet; thence South 89° 11' 10" East 6.00 feet; thence South 2° 14' 20"West, parallel with the Westerly line of said Lot 3, VARNS ACRES, 187.00 feet to the true point of beginning. TOGETHER WITH a perpetual non-exclusive easement for access, as described In document recorded October 27, 1983, as Recorder's Fee No. 83039764, over a 30 foot strip of land, the centerline of which is described as follows: Beginning at a point in the centerline of said easement, which point is South 89° 11' 10" East 138.00 feet and North 55° 54' 10" West 60.70 feet from a '/ inch iron rod at the Southwest corner of Lot 3, VARNS ACRES; from said place of beginning thence along the centerline of said easement (15.00 feet on each side of the following courses and distances) North 24° 42' 50" East 103.00 feet; North 2° 07' 50" East 47.00 feet; North 35°44'50" East 72,00 feet; North 4° 38'40" West 91.00 feet; North 33° 29' 10"West 264.67 feet to the terminus of said easement; said terminus bears North 2° 14' 20" East 542,64 feet from said 3/4 inch iron pipe at the Southwest corner of Lot 3, VARNS ACRES. Washington County,Oregon 2018-006328 Stn=2 01/26/2018 11:39:37 AM StS AKINS S RECORDATION REQUESTED BY: $35.00$11.00$5,00$20,00 $71.00 Western Alliance Bank,an Arizona corporation I,Richard Hobernleht,Director of Assessment and Taxation and EX- GILBERT BRANCH Officio County Clerk for Washington County,Oregon,do hereby 1907 East Pecos Road certify that the within instrument of writing was received and Gilbert,AZ 85295 recorded in the book of records of said county. Richard Hobernicht,Director of WHEN RECORDED MAIL TO: Assessment and Taxation,Ex-Officio Western Alliance Bank,an Arizona corporation GILBERT BRANCH .: ,:: ...�_ =-•`iii''Y f+-i:°�.i.:'�_`,'.::. 1907 East Pecos Road I 3 AND EXACT r�i,,t• Gilbert AZ 85295 Gilbert, C.OlGtN AL. 1 FOR RECORDER'S USE ONLY ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated January 18, 2018, is made and executed between AVANOA, LLC, an {-- Arizona limited liability company, whose address is 4001 E. Baseline Rd. Ste 107, Gilbert, AZ 85234(referred to below as "Grantor") and Western Alliance Bank, an Arizona corporation, whose address is 1907 East Pecos Road, Gilbert, AZ 85295 (referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and Interest in and to the Rents from the following described Property located in Washington County, State of Oregon: See Exhibit A -Attached hereto and by this reference made a part hereof p The Property or its address is commonly known as 6960 SW Varns Street, Tigard, OR 97223. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL '= OBLIGATIONS OF GRANTOR UNDER THE NOTE,THIS ASSIGNMENT,AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: a PAYMENT AND PERFORMANCE. Except as otherwise provided In this Assignment or any Related Documents,Grantor shall pay to Lender pall amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may remain In possession and control of and operate and manage the Property and collect the Rents,provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: _ 0 Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as l.L disclosed to and accepted by Lender in writing. Right to Assign. Grantor has the full right,power and authority to enter Into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber,or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RiGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following rights,powers and authority: Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take possession of the Property;demand,collect and receive from the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property;collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair;to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition,and also to pay all taxes,assessments and water utilities,and the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws, Lender may do any and all things to execute and comply with the laws of the State of Oregon and also all other laws,rules,orders,ordinances end requirements of all other governmental agencies affecting the Property. Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate. RECORDATION REQUESTED BY: Western Alliance Bank,an Arizona corporation GILBERT BRANCH 1907 East Pecos Road Gilbert,AZ 85295 WHEN RECORDED MAIL TO: Western Alliance Bank,an Arizona corporation A GILBERT BRANCH 1907 East Pecos Road Gilbert,AZ 85295 .S� FOR RECORDER'S USE ONLY 4.4 ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated January 18, 2018, is made and executed between AVANOA, LLC, an 1'A Arizona limited liability company, whose address is 4001 E. Baseline Rd. Ste 107, Gilbert, AZ 85234 (referred to below as "Grantor") and Western Alliance Bank, an Arizona corporation, whose address is 1907 East Pecos Road, Gilbert, AZ 85295 (referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in Washington County, State of Oregon: cU 0 See Exhibit A -Attached hereto and by this reference made a part hereof j The Property or its address is commonly known as 6960 SW Varns Street, Tigard, OR 97223. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents,Grantor shall pay to Lender 0 all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. 75 Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may send notices to any and ail tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take possession of the Property;demand,collect and receive from the tenants or from any other persons liable therefor, all of the Rents; institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair;to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition,and also to pay all taxes,assessments and water utilities,and the premiums on fire and other insurance effected by Lender on the Property. Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Oregon and also all other laws,rules,orders,ordinances and requirements of all other governmental agencies affecting the Property. Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate. ASSIGNMENT OF RENTS (Continued) Page 2 Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name,to rent and manage the Property,including the collection and application of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender,in its sole discretion,shall determine the application of any and all Rents received by it;.however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid. FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be paid by Grantor,if permitted by applicable law. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor falls to comply with any provision of this Assignment or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents, Lender on Grantor's behalf•may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option,will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable Insurance policy;or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Assignment: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation,covenant or condition contained in any other agreement between Lender and Grantor. Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Any guarantor or Grantor defaults under any loan,extension of credit,security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of any guarantor's or Grantor's property or ability to perform their respective obligations under this Assignment or any of the Related Documents. Environmental Default. Failure of any party to comply with or perform when due any term,obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading at any time thereafter. • Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force and effect(including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason. Death or Insolvency. The dissolution of Grantor's(regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Grantor's existence as a going business or the death of any member, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding,self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender_ However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture • proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender,in Its sole discretion,as being an adequate reserve or bond for the dispute. Property Damage or Loss. The Property is lost, stolen, substantially damaged, sold, borrowed against, levied upon, seized, or attached. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent,or revokes or disputes the validity of, or liability under,any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or ASSIGNMENT OF RENTS (Continued) Page 3 performance of the Indebtedness is impaired. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender may exercise any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable,including any prepayment penalty that Grantor would be required to pay. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. if the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed., Lender may exercise its rights under this subparagraph either in person, by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds,over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Other Remedies. 1_ender shall have all other rights and remedies provided in this Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform,shall not affect Lender's right to declare a default and exercise its remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys'fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys'fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees,title insurance, and fees for the Trustee, to the extent permitted by applicable law. However, Grantor will only pay attorneys' fees of an attorney not Lender's salaried employee, to whom the matter is referred after Grantor's default. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICE OF FINAL AGREEMENT. By signing this agreement each party represents, warrants and agrees that: (a)this written agreement represents the final agreement between the parties regarding the subject matter hereof, (b) there are no unwritten oral agreements between the parties, and (c) no written agreement to which Lender is a party may be contradicted by evidence of any prior, contemporaneous,or subsequent unwritten agreements or understandings of the parties. RULES OF CONSTRUCTION. As used herein, (i) "includes," " including," and similar terms are not limiting; (ii) "may not" and similar terms are prohibitive and not permissive; (iii)the singular includes the plural;(iv) "or" is not exclusive; (v)any reference to a form, plan, policy, procedure,guideline,instruction,title, code, law,statute,ordinance,rule,regulation, order,or other governmental provision,or any part thereof, shall include the same as it may from time to time be amended, succeeded or replaced; and (vi)in construing any ambiguity herein,the agreement shall be interpreted in a neutral manner as to each of the parties,notwithstanding any common law or statutory rule of construction that the terms of an agreement should be interpreted most strongly against the party who caused the uncertainty to exist; (vii)words of any gender include each other gender; (viii) the terms"hereof,""herein," "hereby"and derivative or similar words refer to this entire Agreement (including any schedules, exhibits and attachments hereto); (ix)references to any Person shall be deemed to mean and include the successors and permitted assigns of such Person;(x)any reference to a number of days shall refer to calendar days unless business days are specified; and (xi) any reference to an attached Exhibit or a Schedule, the Exhibit or Schedule shall be deemed to be incorporated by reference. CURE PROVISIONS.If any default,other than a default in payment,is curable and if Grantor has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve(12)months,it may be cured if Grantor,after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes ail reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment: Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights against the Property, this Assignment will be governed by federal law applicable to Lender and to the extent not preempted by federal law,the laws of the State of Oregon, In all other respects, this Assignment will be governed by federal law applicable to Lender and, to the extent not ASSIGNMENT OF RENTS (Continued) Page 4 preempted by federal law,the laws of the State of Arizona without regard to its conflicts of law provisions. However, if there ever is a question about whether any provision of this Assignment is valid or enforceable,the provision that is questioned will be governed by whichever state or federal law would find the provision to be valid and enforceable. The loan transaction that is evidenced by the Note and this Assignment has been applied for, considered, approved and made, and all necessary loan documents have been accepted by Lender in the State of Arizona. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Maricopa County, State of Arizona. Merger. There shall be no merger of the interest or estate created by this Assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity,without the written consent of Lender. Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person signs this Assignment as "Grantor,"the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be Joined In any lawsuit. (3) The names given to paragraphs or sections In this Assignment are for convenience purposes only.They are not to be used to Interpret or define the provisions of this Assignment. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver_by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor,any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender. Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any circumstance,that finding shall not make the offending provision illegal,invalid,or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest,this Assignment shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor,Lender,without notice to Grantor, may deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Assignment. Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action, proceeding,or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon as to all Indebtedness secured by this Assignment. Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code: Assignment: The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or modified from time to time,together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time. Borrower. The word"Borrower"means AVANOA,LLC,an Arizona limited liability company. Default. The word"Default"means the Default set forth in this Assignment in the section titled"Default". • ASSIGNMENT OF RENTS (Continued) Page 5 Event of Default. The words"Event of Default`mean any of the events of default set forth in this Assignment in the default section of this Assignment. Grantor. The word"Grantor"means AVANOA,LLC,an Arizona limited liability company. Guarantor. The word"Guarantor"means any guarantor,surety,or accommodation party of any or all of the Indebtedness. Guaranty. The word"Guaranty"means the guaranty from Guarantor to Lender,including without limitation a guaranty of all or part of the Note. Indebtedness- The word"Indebtedness"means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this Assignment. Lender. The word"Lender"means Western Alliance Bank,an Arizona corporation,its successors and assigns. Note. The word "Note" means the promissory note dated January 18, 2018, in the original principal amount of $1,392,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of,and substitutions for the promissory note or agreement. Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Assignment"section of this Assignment. Related Documents. The words"Related Documents"mean all promissory notes, credit agreements, loan agreements,environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word "Rents"means all of Grantor's present and future rights,title and interest in, to and under any and all present and future leases,including,without limitation, all rents,revenue,income,issues,royalties, bonuses,accounts receivable, cash or security deposits,advance rentals,profits and proceeds from the Property,and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder. THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON JANUARY 18,2018_ GRANTOR: AVANOA,LLC,AN ARIZONA LIMITED LIABILITY COMPANY NATIONAL VASCpLAR INSTITUTE, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, Manager/Member,of AVANOA, LLGran>Arizona limited liability company BY: — _.SPENCER BRANNAN, Manager of NATIONAL VASCULAR INSTITUTE, LLC, an Arizona limited liability company THUNDERSTAR INVESTMENT SERVICES, LLLP, AN ARIZONA LIMITED LIABILITY LIMITED PARTNERSHIP,Manager/Member of AVANOA,LLC,an Arizona limited liability company FIRESTORM MANAGEMENT SERVICES, INC., AN ARIZONA CORPORATION,General Partner of THUNDERSTAR INVESTMENT SERVICES, LLLP, an Arizona limited liability limited partnership By: JOEL RAIN 1IATEk`"PJresidentlSecretary of FIRESTORM MANAGEMENT SERVICES,INC.,an Arizona corporation ASSIGNMENT OF RENTS (Continued) Page 6 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT 1 OFFICIAL SEAL ++�* �'r TIFFANY EVANGEUNE TOMC7AK STATE OF L .' 11i OA ) .e.:;: , ; v NOTARY PUBLIC-State or Arizona )SS : 4• < MARICOPA COUNTY COUNTY.OFgirri .; l ' } . �`''�� My Comm.(vine July 13,2019 lk 464NA On this day of .a, .A,11__.i_� , 20 , before roe, the undersigned Notary Public, NATIONAL n.CULAR IN�TITUTE LLC, an Arizona limited liability appeared SPENCER BRANNAN, anager of com ,an P Y Manager/Member of AVANOA, LIC, an Arizona limited liability company and JOEL RAINWATER, President/Secretary of FIRESTORM MANAGEMENT SERVICES, INC., an Arizona corporation General Partner of THUNDERSTAR INVESTMENT SERVICES, LLLP, an Arizona limited liability limited partnership, Manager/Mem. ofmANOA, LLC, an Arizona limited liability company, and known to me to be members or .•s !Hated agents of the limite. lability pany that executed the ASSIGNMENT OF RENTS and acknowledged the Assignment . be t e free and voluntary act • d deedthe limited liability company,by authority of statute,its articles of organization or its operati a a. _.•me•t, for the us- - • pesSs therein mentioned, and on oath stated that they are authorized to execute this ::5 '. ,• ' f r execut-. i• a s ;.nment on behalf o rte limited liability company A►!//►I. �,1 re J k Residing at 'otary ' 9 P y fa he State of ti" � ;*_AKAMy commission expire _, y 0ir i LaserPro, Ver. 17.4.0.022 Copr. D+H USA Corporation 1997, 2018. All Rights Reserved. - OR/AZ F.\LASERPRO\WAB\CFI\LPL\G14.FC TR-62184 PR-265 EXHIBIT "A" Legal Description Commencing at a'/q inch iron pipe at the Southwest corner of Lot 3, VARNS ACRES, in the City of Tigard, County of Washington and State of Oregon; thence South 89° 11' 10" East, along the Southerly boundary of said Lot 3, a distance of 138.00 feet to a 5/8 inch x 30 inch iron rod and the true point of beginning;thence continuing South 89° 11' 10" East, 192.00 feet to the Southwest corner of Lot 4, VARNS ACRES; thence continuing South 89° 11' 10" East, along the South line of said Lot 4, to the Southwesterly right-of-way line of the Beaverton Tigard Highway (also Oregon State Highway 217); thence North 30° 29' 42"West, along the right-of-way line to the point of intersection of said Southwesterly right-of-way with the East line of said Lot 3; thence'continuing North 30° 29'42" West, along said Southwesterly right-of-way line 225.84 feet to a 3/4 inch iron rod at a point of"spiral tangent"; thence Northwesterly along a spiral curve to the left 39° 30' 13"West 39.41 feet to a 5/8 inch iron rod (Long chord bears North 30° 30' 13" West 39.41 feet); thence leaving said spiral curve, South 1°21' 10" East 88.47 feet to a 5/8 Inch Iron rod; thence North 88° 31' 10"West 12.20 feet; thence South 33° 09'42"West 62.08 feet; thence South 89° 11' 10" East 6.00 feet; thence South 2° 14' 20"West, parallel with the Westerly line of said Lot 3, VARNS ACRES, 187.00 feet to the true point of beginning. TOGETHER WITH a perpetual non-exclusive easement for access, as described in document recorded October 27, 1983, as Recorder's Fee No. 83039764, over a 30 foot strip of land, the centerline of which is described as follows: Beginning at a point in the centerline of said easement, which point Is South 89° 11' 10" East 138.00 feet and North 55° 54' 10" West 60.70 feet from a 3/ Inch iron rod at the Southwest corner of Lot 3, VARNS ACRES; from said place of beginning thence along the centerline of said easement (15.00 feet on each side of the following courses and distances) North 24°42'50" East 103.00 feet; North 2° 07' 50" East 47.00 feet; North 35°44'50" East 72.00 feet; North 4° 38'40" West 91.00 feet; North 33° 29' 10"West 264.67 feet to the terminus of said easement; said terminus bears North 2° 14' 20" East 542.64 feet from said % Inch iron pipe at the Southwest corner of Lot 3, VARNS ACRES. ..tib Fidelity National Title Company of Oregon 900 SW 5th Avenue,Portland,OR 97204 ``�•Thi° Phone:(503)22-2424 I FAX:(503)227-2274 ESTIMATED"UYER'S STATEMENT Settlement Date: January 22,2018 Escrow Number: 45141722005 Disbursement Date: January 22,2018 Escrow Officer: Paula Kingsley •Buyer: Avanoa LLC,an Oregon Limited Liability Company(100.00000%) 4904 South Power Rd,Ste 102-203 Mesa,AZ 85212 Seller: Autonome ASR LLC,an Oregon Limited Liability Company(100.00000%) 4702 Avery Lane Tigard,OR 97223 Property: 6960 SW Varns Street Tigard,OR 97223 Lender: Western Alliance Bank 1907E Pecos Rd Gilbert,AZ 85295 $ DEBIT $ CREDIT FINANCIAL CONSIDERATION Contract sales price 1,740,000.00 Deposit or earnest money Avanoa LLC,an Oregon Limited Liability 50,000.00 Company Principal amount of new loan(s) Western Alliance Bank 1,392,000.00 PRORATIONS/ADJUSTMENTS County taxes 01/22/18 to 07/01/18 ;($15,613.43/365 X 160 days) 6,844.24 NEW LOAN CHARGES-Western Alliance Bank Total Loan Charges:$377.00 Appraisal/Review Fee Western Alliance Bank RE:POC$3,840.00 Environmental Fee Western Alliance Bank RE:POC$500.00 • Tax Service Contract Fee Western Alliance Bank 113.00 Flood Certification Fee Western Alliance Bank 14.00 Document Fee Western Alliance Bank 250.00 TITLE&ESCROW CHARGES Escrow Fee Split 50/50 Fidelity National Title Company of Oregon 950.00 Loan policy premium Fidelity National Title Company of Oregon 772.00 OTIRO 201-06-Street Assessments(ALTA Fidelity Nation!Title Company of Oregon 50.00 1-06) OTIRO 206-06-Variable Rate(ALTA 6-06) Fidelity National Title Company of Oregon 50.00 OTIRO 208.2-06-Commercial Environmental Fidelity National Title Company of Oregon 269.00 Protection Lien(ALTA 8.2-06) OTIRO 241-06-Water-Buildings(ALTA Fidelity National Title Company of Oregon 100.00 41-06) OTIRO 218-06-Single Tax Parcel(ALTA Fidelity National Title Company of Oregon 50.00 18-06) E-Recording Fee Fidelity National Title Company of Oregon 25.00 Inspection Fee Fidelity National Title Company of Oregon 125.00 Policies to be issued: Loan Policy Coverage: $1,392,000.00 Premium:$772.00 Version: ALTA Loan Policy 2006 GOVERNMENT CHARGES Recording fees Fidelity National Title Company of Oregon 600.00 City/County tax/stamps Fidebty National Title Company of Oregon 870.00 Subtotals r, 1,751,082.24 1,442,000.00 Balance Due FROM Buyer 309,082.24 TOTALS I 1,751,082.24 1,751,082.24 I have carefully reviewed the Settlement Statement and to thebest of my knowledge and belief,It is a true and accurate statement of all receipts and disbursements to be made on my account or by me in this transaction. I further certify that I have received a copy of the Settlement Statement. BUYER: Avanoa LLC,an Oregon L(mited'Liability Company • BY: l'�'cz:s r° Spisricer Brannan •Page 1 of 2 (45141722005/47)January 18,2018 12:49 PM P ESTIMATED BUYER'S STATEMENT-Continued 1 have caused or will cause the funds to be disbursed in accordance with the Statement which 1 have prepared. To the best of my knowledge,the Settlement Statement which'I have prepared is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. aa 4401 Fidelity National Title Company of Oregon Settlement Agent { 1 ' } yl 'age 2 of 2 (45141722005/47)January 18,2018 12:49 PM P .c':-•*�a+-o.-•Ks,r.- .r: — - - .•a<.:.•r+ gra i'1' - 'i Kingsley, Paula . From: Tiffany Tomczak <TTomczak@alliancebankofarizona.com> Sent: Friday,January 26, 2018 2:54 PM To: Kingsley, Paula Cc: Mario Velasquez Subject: RE:Avanoa, LLC IMPORTANT NOTICE-This message sourced from an external mail server outside of the Company. Yes,thank you! From: Kingsley, Paula [mailto:Paula.Kingsley@fnf.comj Sent: Friday, January 26, 2018 3:53 PM To: Tiffany Tomczak Cc: Mario Velasquez Subject: RE: Avanoa, LLC Hello Tiffany, Per our telephone conversation a few minutes ago, we are authorized to remove the$113.00 from the closing statement and have remainder to Buyer. Please confirm. Paula Paula Mraz Kingsley AVP I Senior Commercial Escrow Officer Fidelity National Title 900 SW Fifth Avenue—Lobby Level Portland OR 97204 503-222-2424 ext 168 Office 503 796-6670 direct line 503-583-3684 Mobile 866-956-2441 Fax paula.kingslev@frif.com fidelityportiand.com **Be aware! Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately to verify the information prior to sending funds.** From:Tiffany Tomczak [mailto:TTomczak@alliancebankofarizona.com] Sent: Monday,January 22, 2018 8:14 AM To: Kingsley, Paula <Paula.Kingsley@fnf.com> Cc: Mario Velasquez <MVelasciuez@alliancebankofarizona.com> Subject:Avanoa, LLC IMPORTANT NOTICE-This message sourced from an external mail server outside of the Company. Hi Paula, Please remove the $114.00 Tax Service Contract fee.We will be placing these funds back into purchase funds. Please confirm that we balance...you should be receiving a wire in the amount of$1,391,736.00 Thanks, Tiffany Tomczak Commercial Loan Closing Officer Alliance Bank of Arizona 1907 E Pecos Rd, Gilbert AZ 85295 1480.867.4777 ttomczakRalliancebankofarizona.corn Alliance Bank of Afti1064A A clImsaalt at WesteiAAlliance Bann_fi+rinbc FV Need to send me a file too big for email? You can upload it at westernalliancebancorp.sharefile.com rawammaxawas CONFIDENTIALITY.This email and any attachments are confidential,except where the email states It can be disclosed;it may also be privileged.If received in error,please do not disclose the contents to anyone,but notify the sender by return email and delete this email(and any attachments)from your system. NOTICE: The information contained in this message is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to: (i) delete the message and all copies; (ii) do not disclose, distribute or use the message in any manner; and(iii)notify the sender immediately. - • • • 2 - i Fidelity National Title ASSIGNMENT OF BUYER INTEREST Jtin j Company of Oregon Dated: January 19, 2018 To: Fidelity National Title Company of Oregon Escrow No.: 45141722005-PK I/We the undersigned buyer(s) hereby assign to Avanoa LLC, an Arizona Limited Liability Company: 1. All right, title and interest in and to and all right to acquire title to the property which is the subject of this escrow. 2. All funds on deposit are hereby transferred to the undersigned. IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. BY: sencer Brannan Date r► Assignment of Buyer Interest Printed: 0119.18 @ 03:55 PM by PK ORD1104.doe/Updated: 10.21.14 Page 1 OR-FT-PPYM-01520.472001-45141722005 Fidelity National Title Company of Oregon PRELIMINARY REPORT APPROVAL �nn Paula Kingsley, AVP Commercial Escrow Officer Date: January 19, 2018 Fidelity National Title Company of Oregon Escrow No.: 45141722005-PK 900 SW 5th Avenue Property: 6960 SW Varns Street Portland, OR 97204 Tigard, OR 97223 Phone: (503)222-2424 Fax: (503)227-2274 I have read the Preliminary Report dated January 3, 2018 covering the property described in your above numbered escrow, and approve the Policy of Title Insurance to be issued to me as required by my instructions to include as encumbrances therein General Exception No(s). 1-5 and Specific Item and Exception No(s). 8-14;and rights of tenants of said report, in addition to those specific items described in my escrow instructions or created by me. I know of no other matters pertaining to the condition of title other than stated in this report. Further, we approve the legal description as being the property which is the subject of this escrow. I hereby acknowledge receipt of a copy of said Preliminary Report. In addition to the above, the undersigned hereby approve the legal description shown in Schedule A of said report and authorize the use of said description on all documents in this transaction. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL OF THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. BUYER(S): Avanoa 1.12n Arizona Limited Liability Company BY: /— /9 i r pencer Brannan Date Fidelity National Title Company of Oregon pasusekimi7eitr ,titepaat. By: Paula Kingsley, AVP Commercial Date Escrow Officer Preliminary Report Approval-Buyer/Borrower Printed: 01.19.18 @ 03:41 PM by PK ORD1018.doc I Updated: 07.28-16 Page 1 OR-FT-FPYM-01520.472001-45141722005 Fidelity National Title Company of Oregon 900 SW 5th Avenue, Portland, OR 97204 (503)222-2424 FAX(503)227-2274 PRELIMITVARY REPORT ESCROW OFFICER: Paula Kingsley ORDER NO.: 45141722005 Paula,Kingsley@fnf.com Supplement 2: Endos 503-222-2424 TITLE OFFICER: Robert Fleming TO: Fidelity National Title Company of Oregon 900 SW 5th Avenue Portland, OR 97204 ESCROW LICENSE NO.: 901000243 OWNER/SELLER: Autonome ASR LLC, an Limited,Liability Company BUYER/BORROWER: Avanoa LLC,an Limited Liability Company PROPERTY ADDRESS: 6960 SW Varns Street, Tigard, OR 97223 EFFECTIVE DATE: January 3, 2018,08:00 AM 1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM ALTA Owner's Policy 2006 ! $ 1,740,000.00 $ 3,210.00 Owner's Standard ALTA Loan Policy 2006 $ 1,392,000.00 $ 772.00 Extended Lender's Proposed Insured: Western Alliance Bank OTIRO 201-06-Street Assessments(ALTA 1-06) $ 50.00 OTIRO 206-06-Variable Rate(ALTA 6-06) $ 50.00 OTIRO 208.2-06-Commercial Environmental Protection Lien(ALTA $ 269.00 8.2-06) OTIRO 241-06-Water-Buildings (ALTA 41-06)' $ 100.00 OTIRO 214-06-Future Advance-Priority(ALTA 14-06) $ 0.00 OTIRO 218-06-Single Tax Parcel(ALTA 18-06)F $ 50.00 Government Lien Search $ 25.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF 1S VESTED IN: Autonome ASR, LLC, an Oregon limited liability company 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF TIGARD, COUNTY OF WASHINGTON, STATE OF OREGON,AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF ATTACHED HERETO AND MADE A PART HEREOF Preliminary Report Printed: 01.1218 ag 11:27 AM • OR—SPS-1-18-45141722005 • fi Order No.: 45141722005 Supplement 2:Endos EXHIBIT "A" Legal Description Commencing at a'/ inch iron pipe at the Southwest comer of Lot 3,VARNS ACRES, in the City of Tigard, County of Washington and State of Oregon;thence South 89° 11' 10"East, along the Southerly boundary of said Lot 3, a distance of 138.00 feet to a 5/8 inch x 30 inch iron rod and the true point of beginning;thence continuing South 89° 11' 10"East, 192.00 feet to the Southwest corner of Lot 4,VARNS ACRES;thence continuing South 89° 11' 10" East, along the South line of said Lot 4, to the Southwesterly right-of-way line of the Beaverton Tigard Highway (also Oregon State Highway 217); thence North 30°29'42"West, along the right-of-way line to the point of intersection of said Southwesterly right-of-way with the East line of said Lot 3; thence continuing North 30°29'42" West, along said Southwesterly right-of-way line 225.84 feet to a%inch iron rod at a point of"spiral tangent"; thence Northwesterly along a spiral curve to the left 39° 30' 13"West 39.41 feet to a 5/8 inch iron rod (Long chord bears North 30° 30' 13"West 39.41 feet);thence leaving said spiral curve, South 1°21' 10" East 88.47 feet to a 5/8 inch iron rod;thence North 88°31' 10"West 12.2Q feet;thence South 33°09'42"West 62.08 feet;thence South 89° 11 10"East 6.00 feet;thence South 2° 14'20"West, parallel with the Westerly line of said Lot 3, VARNS ACRES, 187,00 feet to the true point of beginning. TOGETHER WITH a perpetual non-exclusive easement for access, as described in document recorded October 27, 1983, as Recorder's Fee No, 83039764, over a 3Q foot strip of land,the centerline of which is described as follows: Beginning at a point in the centerline of said easeni:ent, which point is South 89° 11' 10" East 138.00 feet and North 55° 54' 10"West 60.70 feet from a % inch irony rod at the Southwest corner of Lot 3, VARNS ACRES; from said place of beginning thence along the centerline of said easement (15.00 feet on each side of the following courses and distances) North 24°42' 50"East 103.00 feet; North 2°07'50"East 47.00 feet; North 35°44'50"East 72.00 feet; North 4° 38'40"West 91.00 feet; North 33°29' 10"West 264.67 feet to the terminus of said easement; said terminus bears North 2° 14'20" East 542.64 feet from said'inch iron pipe at the Southwest corner of Lot 3, VARNS ACRES. } i Preliminary Report Printed: 01.12.18 @ 11:27 AM OR—SPS-1-18-451417220. 05 .iNf Order No.: 45141722005 Supplement 2: Endes AS OF THE DATE OF THIS REPORT, ITEMS TOC BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS ANb EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims,which are not shown by the Public Records but which could be ascertained by an inspection of the Land or which may be asserted by persons in possession thereof. 3. Easements, or claims thereof,which are not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights, claims or title to water. 4, Any encroachment, encumbrance, violation,Variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 5. Any lien, or right to a lien, for services, labor,'material or equipment rental,or for contributions due to the State of Oregon for unemployment compensation or worker's compensation, heretofore or hereafter furnished, imposed by law and not shown by:the Public Records. SPECIFIC ITEMS AND EXCEPTIONS: 6. [Intentionally Deleted] 7. City Liens, if any, in favor of the City of Tigard. None found as of October 10, 2017. • 8. Limited access to and from the Land as contained in Decree of Condemnation entered in the proceedings as set forth below, which provides that there!shall be no right of easement or right of access from the Land to the highway other than as expressly provided for in said Decree: Suit No.: 28•-192 County: Washington Court: Circuit In favor of: State of Oregon, by andthrough its State Highway Commission Name of Highway: State Highway 217 9. Limited access to and from the Land as set forth in Deed shown below,which provides that there shall be no right of easement or right of access to,from or across the State Highway other than as expressly provided for in said Deed: • Grantor: Grantee: State of Oregon, by andthrough its State Highway Commission Recording Date: September 15, 1965 Recording No.: Book 569, Page 115 i Preliminary Report Printed: 01.12.18 @ 11:27 AM OR—SPS-1-18-45141722005 Order No.: 45141722005 Supplement 2:Endos 10. Maintenance Agreement, including the terms:;and provisions thereof, Recording Date: December 27, 1977 Recording No.: Book 1227, Page 992 11. Easement(s)for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Owners of adjoining property to the West Purpose: . Ingress and egress over'existing driveway Recording Date: December 28, 1977 Recording No: Book 1228, Page 295 Affects: Exact location not specified 12. Mutual Easement for vehicular and pedestrian ingress and egress, including the terms and provisions thereof, Recording Date: December 12, 1978 Recording No,: 78054140 13. Mutual Easement for vehicular and pedestrian ingress and egress, including the terms and provisions thereof, Recording Date: October 27, 1983 Recording No.; 83039764 14. Easement(s)for the purpose(s) shown below`,and rights incidental thereto, as granted in a document: Granted to: State of Oregon, by and through its Department of Transportation Purpose: Subsurface retaining wall supports and utilities Recording Date: March 31, 1999 Recording No: 99-038870 Affects: Northeasterly portion abutting Highway 217 15. A deed of trust to secure an indebtedness in the amount shown below, Amount: $1,032,400.00 Dated: March 26,2014 Trustor/Grantor: Autonome ASR, LLC,an Oregon limited liability company Trustee: Wells Fargo Financial National Bank Beneficiary; Wells Fargo Bank, National Association Recording Date: March 31, 2014 Recording No.: 2014-018310 16. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Lessor: Autonome ASR, LLC,an Oregon limited liability company Lessee: Bowersox Law Firm, P.C. Recording Date: March 31, 2014 Recording No: 2014-018311 Preliminary Report Printed: 01.12.18 Q 11.27 AM OR—SPS-1-18-45141722005 • itt Order No.: 45141722005 Supplement 2: Endos Lessee's Assignment of Lease and Subordination Agreement, including the terms and provisions thereof, Recording Date: March 31,2014 Recording No.: 2014-018390 Said instrument recites that it subordinates the interest of the Lessee to the lien of the deed of trust set forth above. 17. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Autonome ASR, LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a:copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d, A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members,or managers,as appropriate,will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additianal items or make further requirements after review of the requested documentation. 18. [Intentionally Deleted] 19. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. To remove this item,the Company will requirean affidavit and indemnity on a form supplied by the Company. 20. Any lien or right to a lien for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by!aw and not shown by the public records. To remove this item,the Company will requirean affidavit and indemnity on a form supplied by the Company. • • l _ Preliminary Report ! Pr1nted: 01.12.18 @ 11:27 AM OR—SPS-1-18-45141722005 Order No.: 45141722005 Supplement 2: Endos 21. Any encroachment(of existing improvements located on the subject Land onto adjoining land or of existing improvements located on adjoining land onto the subject Land), encumbrance,violation,variation or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject Land. The Company will require an inspection of the premises, and this exception may be eliminated or limited as a result thereof. ADDITIONAL REQUIREMENTS/NOTES: A. Note: No utility search has been made or will;be made for water, sewer or storm drainage charges unless the City/Service District claims them as liens(i.e. foreclosable) and reflects them on its lien docket as of the date of closing. Buyers should check with'the appropriate city bureau or water service district and obtain a billing cutoff. Such charges must be adjusted outside of escrow. B. Washington County imposes a transfer tax of$1.00 per$1,000(or fraction thereof)of the selling price in a real estate transfer, unless the county approves an exemption application. Exemption criteria and applications are available at the county's website, see: http://www.co.washington.or.us/Assessmenttaxation/Recordinq/TransferTaxExemption/index.cfm. C. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. D. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Avanoa, LLC • a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, aS appropriate,will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. E. Note:There are no matters against the party(les)shown below which would appear as exceptions to coverage in a title insurance product: Parties: Avanoa LLC, an Arizona limited liability company F. Note: Effective January 1, 2008,Oregon law ORS 314.258)mandates withholding of Oregon income taxes from sellers who do not continue to be Oregon residents or qualify for an exemption. Please contact your Escrow Closer for further information. Preliminary Repoli i Printed: 01.12.18 @ 11:27 AM 0R---SPS-1-18-45141722005 • Order No.: 45141722005 • Supplement 2: Endos G. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana,the Company is not able to close or insure any transaction involving Land that is associated with these activities. H. Recording Charge(Per Document)is the following: County First Page Each Additional Page Multnomah $42.00 .$5.00 Washington $41.00 $5.00 Clackamas $53.00 $5.00 Yamhill $41.00 $5.00 Note: When'possible the company will record electronically. An additional charge of$5.00 applies to each document that is recorded electronically. In addition to the standard policy exceptions, the exceptions enumerated above shall appear on the final 2006 ALTA Policy unless removed prior to issuance. J. THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW:YOU WILL BE REVIEWING,APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS.YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, PLEASE CONTACT THE ESCROW AGENT. K. Note: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances or acreage shown thereon. L. Note: Property taxes for the fiscal year shown below are paid in full, Fiscal Year: 2017-2018 Amount: $15,613.43 Levy Code: 023.74 Account No.: R2186876 Map No.: 2S11DA-02101 Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes,escaped assessments and any delinquencies. M. The Land lies within the Tigard Triangle Urban',Renewal Area and is subject to the terms and provisions thereof. Preliminary Report i Printed: 01.12.18 @ 11:27AM OR--SPS-1-18-45141722005 :'a:lr :wr.� - ..rv':,'s-• - :.7•r-+a�a^.......r..-....... .:•i - •.•ye ai.: iT- .�.- .v..,; - - - - •t��.. - r ..r. .,r �:•'J '-r;;�.nn'•ig"^T%r'�.r ..�-.,F �.rw}. r' '�.�+� J!J rr � Y'•.. ... w. t.•.--.....L r- -.. ..- .....r.w. a....... -X'`f -.- ... .-.'f'....: r-.... F...._JY�!. ..w.Y�: +••-i'.f`.�.T�•lN:.I-- --. .. -... .. .. .. •.i'.e.'•.. �n • EXHEBiT ONE 2006 AMERICAN LAND TITLEi ASSOCIATION LOAN POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the (c)resulting in no loss or damage to the Insured Claimant; Company will not pay loss or damage,costs,attorneys'fees or expenses that arise y (d)attaching or created subsequent to Date of Policy(however,this does not modify reason of: or limit the coverage provided under Covered Risk 11,13,or 14);or 1. (a)Any law, ordinance or governmental regulation (including but not limited sto (e)resulting in loss or damage that would not have been sustained if the Insured building end zoning)restricting,regulating,prohibiting or relating to Claimant had paid value for the Insured Mortgage. (1) the occupancy,use,or enjoyment of the Land; { 4. Unenforceability of the lien of the Insured Mortgage because of the Inability or failure CO the character,dimensions or location of any improvement erected on the tared: of an Insured to comply with the applicable doing-business laws of the state where (lit)the subdivision of land;or j the Land Is situated. (rv)environmental protection: ? 5. Invalidity or unenforceability in whole or in part of the ten of the Insured Mortgage that or the effect of any violation of these laws, ordinances or governmental arises out of the transaction evidenced by the Insured Mortgage and is based upon regulations,This Exclusion 1(a)does not modify or limit the coverage provided usury or any consumer credit protection or truth-in-ending law. under Covered Risk 5. 6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency or (b)Any governmental police power.This Exclusion 1(b)does not modify or time the similar creditors'rights laws,that the transaction creating the lien of the Insured coverage provided under Covered Risk 6. Mortgage,is 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage (a)a fraudulent conveyance or fraudulent transfer,or provided under Covered Risk 7 or 8. (b)a preferential transfer for any reason not stated in the Covered Risk 13(b)of this 3, Defects,liens,encumbrances,adverse claims,or other matters ' policy. • (a)created,suffered,assumed or agreed to by the Insured Claimant; 7- Any lien on the Title for reel estate taxes or assessments Imposed by governmental (b)not known to the Company,not recorded In the Public Records at Date of Policy, authority end created or attaching between Date of Policy and the date of recording of • but known to the Insured Claimant and not disclosed in writing to the Company ry the insured Mortgage in the Public Records.This Exclusion does not modify or limit the Insured Claimant prior to the date the Insured Claimant became an Insured the coverage provided under Covered Risk 11(b), under this policy; The above policy form may be Issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage. SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance taxing authority that levies taxes or assessments on real property or by the Public affecting the Title that would be disclosed by an accurate and complete land survey of Records;proceedings by a public agency which may resuk in taxes or assessments, the Land. The term "encroachment" includes encroachments of existing or notices of such proceedings,whether or not shown by the records of such agency Improvements located on the Land onto adjoining land,and encroachments onto the or by the Public Records. Land of existing improvements located on adjoining land, 2. Facts,rights,Interests or claims which are not shown by the Public Records but which 5. Any lien for services, labor or material heretofore or hereafter furnished, or for could be ascertained by an inspection of the Land or by making inquiry of persons;in contributions due to the State of Oregon for unemployment compensation or worker's possession thereof. compensation,imposed by law and not shown by the Public Records. 3• Easements,or claims of easement,not shown by the Public Records;reservations Or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the (b)not known to the Company,not recorded in the Public Records at Date of Policy, Company will not pay loss or damagecosts,attorneys'fees or expenses that arise by but known to the Insured Claimant and not disclosed in writing to the Company by reason of: the Insured Claimant prior to the date the Insured Claimant became an Insured 1. (a)Any law, ordinance or governmental regulation (including but not limited;to under this policy: building and zoning)restricting,regulating,prohibiting or relating to (c) resulting in no loss or damage to the Insured Claimant; (i) the occupancy,use,or enjoyment of the Land; (d)attaching or created subsequent to Date of Policy(however,this does not modify (li)the character,dimensions or location of any improvement erected on the land; or limit the coverage provided under Covered Risk 9 and 10):or (iii)the subdivision of land;or (e)resulting in loss or damage that would not have been sustained if the Insured (lv)environmental protection; Claimant had paid value for the Title. or the effect of any violation of these laws, ordinances or governmental 4. Any claim, by reason of the operation of federal bankruptcy,stale insolvency or regulations.This Exclusion 1(a)does not modify or limit the coverage provided similar creditors'rights laws,that the transaction creating the lien Of the Insured under Covered Risk 5. Mortgage,is (b)Any governmental police power.This Exclusion.1(13)does not modify or limit the (a)a fraudulent conveyance or fraudulent transfer,or coverage provided under Covered Risk 6. (b)a preferential transfer for any reason not stated in the Covered Risk 9 of this 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage policy_ provided under Covered Risk 7 or 8. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental 3, Defects,liens,encumbrances,adverse claims,or other matters authority and created or attaching between Date cf Policy and the date of recording of (a)created,suffered,assumed or agreed to by the Insured Claimant; the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Steadard Coverage policy will also include the following Exceptions from Coverage, SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance taxing authority that levies taxes or assessments on real property or by the Public affecting the Title that would be disclosed by art accurate and complete land survey of Records;proceedings by a public agency which may result In taxes or assessments, the Land. The term "encroachment" includes encroachments of existing or notices of such proceedings,whether or not shown by the records of such agency improvements located on the Land onto adjoining land,and encroachments onto the or by the Public Records. j Land of existing Improvements located on adjoining land. 2. Facts,rights,interests or claims which are not shown by the Public Records but which 5. Any Sen (or services, labor or material heretofore or hereafter furnished, or for could be ascertained by an inspector'of the Land or by making inquiry of persons in contributions due to the State of Oregon for unemployment compensation or worker's possession thereof. compensation,imposed by law and not shown by the Public Records. 3. Easements,or claims of easement,not shown by the Public Records;reservations'sr exceptions In patents or in Acts authorizing the issuance thereof,water rights,clairhs or title to water. Preliminary Report(Exhibit One) Printed: 01.12.18 @ 11:27 AM OR—SPS-1-15-45141722005 I._.-,..._... - i-._...... . RECORDING REQUESTED BY: ;;\ Fidelity National Title yn�j- Company of Oregon 900 SW 5th Avenue Portland,OR 97204 GRANTOR'S NAME: Autonome ASR LLC, an Oregon Limited Liability Company GRANTEE'S NAME: Avanoa LLC,an Arizona Limited Liability Company '•_ ,ate AFTER RECORDING RETURN TO: Order No.: 45141722005-PK Jeffrey Bowersox f Autonome ASR LLC,an Oregon Limited Liability Company 4702 Avery Lane Lake Grove, OR 97035 SEND TAX STATEMENTS TO: Avanoa LLC,an Arizona Limited Liability Company 4904 South Power Rd, Ste 102-203 Mesa, AZ 85212 APN: R2186876 Map: 2511 DA-02100 6960 SW Varns Street,Tigard,OR 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE STATUTORY WARRANTY DEED Autonome ASR LLC, an Oregon Limited Liability Company, Grantor, conveys and warrants to Avanoa LLC, an Arizona Limited Liability Company, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon: SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF SEE EXHIBIT"B" PERMITTED EXCEPTIONS ATTACHED HERETO THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS ONE MILLION SEVEN HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($1,740,000.00). (See ORS 93.030). BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Deed(Statutory Warranty) ORD1293.doc/Updated: 05.01.17 Page 1 OR-FT-FPYM-01520.72001-45141722005 STATUTORY WARRANTY DEED (continued) IN WITNESS WHEREOF, the undersigned have executed this document on the date(s)set forth below. Dated: January 18, 2018 Autono •- AS-4' a Oregon Limited Liability Company BY: j // Jeffrey r.w— ox, Manager State of Oregon County of Multnomah This instrument was acknowledged before me on O-- •U& by fq V3[:)\-°-SL-\(.3 as NYLVY.t_C -e . - of v ►M r� LLC, . a 0 J`ex: c ��u t sle& (1 c c [1 CQct bye `� l \,C)(2Q Notary Public - State o Cr gon �j ttf) PAULAANNE MRAZKI'NGSLEY NOTARY PU�3L1C•Of EOON fk �,/ COMMISSION�,z MMt9 ION NO.92$031 ?) } MY COMMISSION EXPIRES MAY 20 Tot a Deed(Statutory Warranty) ORt71293.doc/Updated: 05.01.17 Page 2 OFt-FT-FPYM-41520,472001-45141722005 ,.i., :t:,. :r^ '. • ^t::�� -PT'•--^ -7-' - - wir: f..:�_ -_- - -..Fi..':+r: • uLf' .::} :H• - - sa:N� Y ;t: ::rte.: :'1: 'r•.• 7'. :i-- - :.i .:j• ..f {x;.•• '•�:r;;:''=: .;,.i.- ! - :rte.. .d .N.'y• •:SIN: .�.n n:l.:'.. i.f N:l,r.:•. •.11. e r. ..�. ..•... .7i:..� ... .. r..ti:'r'=itr...•. -'ti".. �•x.:.= .e•i'..... .......,., .a.... .......a:.,,...:•• ... .:Z;::�:.:.•r,•,•..,..1;:�:''.. ,.• .... •�, EXHIBIT"B" PERMITTED EXCEPTIONS 1, City Liens, if any, in favor of the City of Tigard. None found as of October 10, 2017. 2. Limited access to and from the Land as contained in Decree of Condemnation entered in the proceedings as set forth below, which provides that there shall be no right of easement or right of access from the Land to the highway other than as expressly provided for in said Decree: Suit No.: 28-192 County: Washington Court: Circuit In favor of: State of Oregon, by and through its State Highway Commission Name of Highway: State Highway 217 3. Limited access to and from the Land as set forth in Deed shown below, which provides that there shall be no right of easement or right of access to, from or across the State Highway other than as expressly provided for in said Deed: Grantor: Grantee: State of Oregon, by and through its State Highway Commission Recording Date: September 15, 1965 Recording No.: Book 569, Page 115 4. Maintenance Agreement, including the terms and provisions thereof, Recording Date: December 27, 1977 Recording No.: Book 1227, Page 992 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Owners of adjoining property to the West Purpose: Ingress and egress over existing driveway Recording Date: December 28, 1977 Recording No: Book 1228, Page 295 Affects: Exact location not specified 6. Mutual Easement for vehicular and pedestrian ingress and egress, including the terms and provisions thereof, Recording Date: December 12, 1978 Recording No.: 78054140 7. Mutual Easement for vehicular and pedestrian ingress and egress, including the terms and provisions thereof, Recording Date: October 27, 1983 Recording No.: 83039764 EXHIBIT"B"PERMITTED EXCEPTIONS (CONTINUED) 8. Easement(s) for the purpose(s) shown below land rights incidental thereto, as granted in a document: Granted to: State of Oregon, by and through its Department of Transportation Purpose: Subsurface retaining wall supports and utilities Recording Date: March 31, 1999 Recording No: 99-038870 Affects; Northeasterly portion abutting Highway 217 9. Existing Leases and Tenancies. DocuSign Envelope ID:B19D8181-9273-4182-AAE9-F40CFA6F6846 CONSENT TO BORROW and Purchase 6960 SW Varns Street, Tigard OR 97223 Escrow No. 4514172005 • The undersigned Members herein agree and instruct Spencer Brannan as Manager of National Vascular Institute, LLC, an Arizona limited liability company and Joel Rainwater, President/Secretary of Firestorm Management Services, Inc., an Arizona corporation, General Partner of Thunderstar Investment Services, LLP, an Arizona limited liability company as Managing Member to sign for Thunderstar Investment Servies to sign any and all documents or agreements associated with obtaining a loan in favor of Western Alliance Bank in the amount of One Million Three Hundred Ninety-Two Thousand And No/100 Dollars ($1,392,000.00)which is to be secured by property owned by Autonome ASR LLC, an Oregon Limited Liability Company located in County of Washington, State of Oregon for the purchase of 6960 SW Varns Street, Tigard OR 97223 for Escrow No. 4514172005 in the amount of$1,740,000.00 We further acknowledge there are no operating agreements for Avanoa, LLC, National Vascular Institute, LLC, Thundestar investment Services, LLP and Firestorm Managment Services, Inc. Said documents shall not be limited to just loan documents but shall include Borrower's Estimated Closing Statement, Escrow Instructions and Affidavits necessary to insure Western Alliance Bank's lien against said property. IN WITNESS WHEREOF, the undersigned have executed this document on the date(s)set forth below, Dated: January 19, 2018 Avanoa LLC, an Arizona Limited Liability Company National Vascular Institute, LLC, an Arizona limited liability company, Manager/Member of Avanoa LLC, an Arizona limited liability company c--DocuSigned by: BY: -45724 "-- Spencer Brannan, Manager of t406iial047639F403.. Vascular Institute, LLC, an Arizona limited liability company • Thunderstar Investment Services, LLLP, an Arizona limtied liability limited Partnership, Manager/Memberof Avanoa, LLC, an Arizona limited liability company Firestorm Management Services, Inc., an Arizona corporation, General Partner of Thunderstar Investment Services, LLP, an Arizona ' d*I IS y company Jod, rottl&tiletkr D1A7A943FCC09484.. By: Joel Rainwater, PresidentlSecretary of Firestorm Mangement Services, Inc., an Arizona corporation Consent to Borrow Printed: 01.19.18 @ 04:49 PM by PK OR01305.doc/Updated: 11.17.18 Page 1 OR-FT-FPYM-01520.472001-45141722005 (1,70',, Fidelity National Title SALE ESCROW INSTRUCTIONS 1. Klnn ! Company of Oregon Paula Kingsley,AVP Commercial Escrow Officer Date: January 18,2018 Fidelity National Title Company of Oregon Escrow No.: 45141722005-PK 900 SW 5th Avenue Property: 6960 SW Varns Street Portland,OR 97204 Tigard,OR 97223 Phone: (503)222-2424 Fax: (503)227-2274 Buyer hands you herewith collected funds pursuant to the closing statement approved by the undersigned buyer and: • Executed loan documents(new loan) • Balance of funds to close escrow in the form of a wire transfer or cashier's check payable to Fidelity National Title Company of Oregon pursuant to the"Deposit of Funds", Paragraph 1 contained in the General Provisions attached hereto and made a part hereof • Approved copy of Preliminary Report • Read and approved copy of the Statutory Warranty Deed • Assignment of Buyers Interest • Easement Sanitary Sewer-prepared by Counsel • Accomodation Recording Instructions Which you are to use and/or deliver provided you can deliver for the account of the undersigned the following: • Properly executed Deed describing the real property as set forth in that certain preliminary title report issued by Fidelity National Title Company of Oregon No.45141722005,dated January 3, 2018,which preliminary title report the undersigned has read and does hereby approve; AND when you can cause to be issued an Owner's Standard coverage form Policy of Title Insurance from Fidelity National Title Insurance Company with a liability of One Million Seven Hundred Forty Thousand And No/100 Dollars($1,740,000.00)insuring the undersigned that title to the above referenced property: SHOWING TITLE VESTED IN an Arizona Limited Liability Company Avanoa LLC,at i r 6 4_4 elLiabfliiiadddaW - -- Subject to the usual printed exclusions and exceptions, current general and special taxes for the fiscal year in which this escrow closes, and taxes for the ensuing year, if any, a lien not yet due and payable, and exceptions numbered 1-5;8-14; and rights of tenants of the above referenced title report, and further subject to any new encumbrance recorded at closing. Seller hands you herewith the following: • Deed from Autonome ASR LLC,an Oregon Limited Liability Company to Avanoa LLC,an Oregon Limited Liability Company • Read and approved Payoff Statement(s) • 1099 Form • Approved copy of Preliminary Report • Department of Revenue Documents • Read and Approved Broker Demand • Firpta • Quitclaim Deed terminating Lease • Scrivener Instructions • Accomodation Recording Instructions describing the real property as set forth in that certain preliminary title report issued by Fidelity National Title Company of Oregon No.45141722005,dated January 3,2018,which preliminary title report the undersigned has read and does hereby approve; which you can use when you hold for the account of the undersigned Seller funds pursuant to the closing statement approved by the undersigned;and: Prorate the following as of Property Taxes from date of close of escrow to July 1,2019-Seller credited and Buyer debited NO RENT PRORATIONS-to be taken care of outside of escrow Lease from Seller to Buyer to be taken care of outside of escrow ADDITIONAL INSTRUCTIONS NONE GENERAL INSTRUCTIONS The General Provisions attached to these instructions are part of these instructions. El-Sale(Legal) Printed: 01.18.18 i 10:14 AM by PK OR01027.doc/Updated: 05.21.17 Page 1 OR-FT-FPYM-01520.472001-45141722005 SALE ESCROW INSTRUCTIONS (continued) Buyer agrees to provide new hazard insurance policy acceptable to lender and to authorize payment of premium through escrow unless a paid receipt is provided to escrow. The items indicated by"POC"or"PAID"or"i"are included at the direction of the Lender for disclosure purposes only. The Escrow Holder/Settlement Agent has no knowledge of these expenditures, except as provided by the Lender. They have not and cannot be verified as to the amount,the payee, nor actual payment and no liability is assumed by the closing agent as to the validity and/or sufficiency thereof. Seller is aware that interest on the existing loan(s)does not stop accruing at close of escrow, but continues until the actual day of receipt of the payoff by Lender. Seller is aware that interest will accrue through weekends or holidays. Seller is aware he/she/they are responsible for payment of all of such interest and will indemnify and hold Escrow Holder harmless in connection with the payment of such interest. In the event you are paying in full the balance due on an existing trust deed and if a reconveyance of the trust deed is not recorded within sixty(60)days of it being paid off,you are requested to release the trust deed pursuant to the provisions of ORS 86.720. Upon request,you are instructed to furnish any broker or lender identified with this transaction or anyone acting on behalf of such lender, any information concerning this escrow, copies of all instructions, amendments or statements. All terms and provisions of the agreement between the parties, amendments or addendums thereto, have been complied with to the satisfaction of the undersigned parties or will be complied with outside this escrow. O TRANSFER ❑ All Net Proceeds,or❑ $ TO: ATTN: Seller proceeds,or balance thereof,at closing shall be delivered as follows: ❑ Mail ❑ Hold for Pick Up ❑ Deposit to Account: Bank: Account No.: Account Name: ABA Routing No.: IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL OF THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. BUYER(S): Avanoa L r)Pf� i,91��p�iY� Pf ii/PP/7/ an Arizona Limited Liability t S6" Company encer Brannan Date Address: Phone: Fax: Email: SELLER(S): Auto • - •`1' C, . Oregon Limited Liability C• pany ig U ie : / Date Je,ITIN ow:sox,Manager Address: Phone: Fax: Email: El-Sale(Legal) Printed: 01.18.18 @ 10:14 AM by PK ORd1027.doc/Updated:06.21.17 Page 2 OR-FT-FPYM-01520.472001-45141722005 sr? ::.''.7.'::i r.,.- f. :-:.. - ;. .�:.:T.;p^ i:f.y:�' .v r:'` r•: -.ri.yi".='?lr3.15 i•'.":'::..; •� •• ".::..:.'-::-:. .r .... ...... a{.:,. y:.. :..,v..r.:...r. ..,t:T r.".r+r.�r.r...r _ ..... ... ... � .•..1..........n,+ ..r...• r,e;.,:. SALE ESCROW INSTRUCTIONS (continued) RECEIVED BY: Fidelity National Titl ompan of Oregon -� By: Paula Kingsley,AVP Commercial Escrow Officer Date El-Sale(Legal) Printed: 01.18.18 @ 10:14 AM by PK ORD1027.doc I Updated: 06.21.17 Page 3 OR-FT-FPYM-0 1520.472001-45141722005 GENERAL PROVISIONS 1.DEPOSIT OF FUNDS The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's escrow and/or sub escrow account prior to disbursement of any funds, Only cash or wire transferred funds can be given immediate availability upon deposit. Cashier's checks may be available one business day after deposit. All other funds such as personal,corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material delays in disbursement of funds in this escrow.In order to avoid delays,all fundings should be wire transfer. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts of Fidelity National Title Company of Oregon,with any state or national bank,and may be transferred to any other such general escrow account or accounts. Said funds will not earn Interest unless the instructions otherwise specifically state that funds shall be deposited in an interest-bearing account. Escrow Holder receives indirect benefits including but not limited to checks,deposit slips,data processing and account service and waiving of certain fees from the depository bank where its non-interest bearing client trust accounts are maintained. Escrow Holder or its affiliates may also elect to enter Into other business transactions with or obtain loans for investment or other purposes from the depository institution. These benefits are passed on to the escrow principals through lower escrow fees. Pursuant to OAR 863-50-065,a good faith estimate of the value of the benefit is Twenty-Four and 12/100 Dollars($24.12)per escrow. By initialing below,we hereby acknowledge advisement of the disclosure NOTICE OF OPPORTUNITY. You have the opportunity to earn interest on your escrow funds by requesting Escrow Holder to set up an interest bearing account on your behalf. Escrow Agent will inform you of any fees it will charge to establish the account. Interest earned is dependent upon the amount of the deposit,the length of time of the deposit,and the prevailing interest rate. All disbursements shall be made by check of Fidelity National Title Company of Oregon. The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such Instruction. Escrow Holder's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of(1)satisfaction of conditions precedent or(2)document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reserve System,and recommends that all parties make themselves aware of banking regulations with regard to placement of wires. In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day,the parties agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION. FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT. If for any reason funds are retained or remain in escrow after closing date, Escrow Agent is authorized to deduct therefrom reasonable monthly charges as custodian thereof of one percent of the original balance but not less than Ten and No/100 Dollars($10.00)per month. Funds deposited into this escrow are to be maintained in a federally Insured trust account and any escrow related services provided to Escrow Agent by any depository bank or savings and loan association are hereby consented to and approved. Unless specifically instructed otherwise In writing,mail all funds and instruments deliverable to the parties in favor of them to their address indicated below. At your discretion,you are authorized to receive and/or disburse any funds in connection with this escrow by electronic (wire)transfer. The undersigned hereby authorize and instruct Escrow Holder to charge each party to the escrow for their respective Federal Express, special mail handling/courier and/or incoming/outgoing wire transfer fees. Unless specified in writing by the undersigned,Escrow Holder is authorized to select special mail/delivery or courier service to be used. 2.PRORATIONS AND ADJUSTMENTS Make each proration on the basis of the actual number of days in the year covered by said item, annualizing monthly amounts. Tax proratlons shall be based on the amount of the latest available tax statement(which may include reductions based on any deferral or exemption); during periods in which the current years tax figures are not available, you shall prorate taxes or assessments upon the immediate preceding year's figures,any further adjustment in actual taxes shall be handled between the parties outside of this escrow and Escrow Agent shall have no liability for the collection or payment thereof. If the parties herein have provided Escrow Agent with a rent schedule on the subject property,you shall prorate rents and charge seller and credit buyer with any deposits paid in advance pursuant to the rent schedule approved by the parties. Seller represents that they will collect all rents which fall due prior to the close of escrow. Make no • • adjustment against buyer for uncollected rent. Buyer acknowledges that the assessor's office customarily mails tax notices for the July 1 to June 30 tax year in October of the tax year and that Escrow Agent cannot guarantee that the tax assessors office will address the tax bill to Buyer. Buyer accepts responsibility for contacting the assessor's office and obtaining a tax bill in a timely manner. Buyer acknowledges that a discount applies only if taxes are paid in full on or before November 15 of the tax year and that interest and billing charges may accrue after November 15. 3.UTILITIES/POSSESSION Transfer, payment and adjustment of utilities and possession of the premises are to be settled by the parties directly and outside escrow. 4.PREPARATION AND RECORDATION OF INSTRUMENTS Escrow Holder is authorized to prepare,obtain,record and deliver the necessary instruments to carry out the terms and conditions of this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow shall mean the date instruments are recorded. You are further authorized to record any documents required by the lender pursuant to their instructions to secure its lien on the subject property. Said documents are authorized to be recorded prior to the lenders disbursement of loan funds pursuant to the loan agreement. 5.AUTHORIZATION TO FURNISH COPIES You are authorized to furnish copies of these instructions,supplements,amendments,notices of cancellation and closing statements,to the Real Estate Broker(s)and Lender(s)named in this escrow. 6.RIGHT OF CANCELLATION Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall,within two(2)working days thereafter,deliver,one copy of such notice to each of the other principals at the addresses stated in this escrow. If written objection is filed,you are authorized to institute an action in interpleader pursuant to provisions of paragraph number 9 contained herein, 7.PERSONAL PROPERTY No examination,chattel or security interest search or insurance as to the amount or payment of personal property taxes is required unless specifically requested. Bills of sale,if any required,are to be delivered unrecorded at the close of escrow. Escrow Agent shall have no responsibility or liability for the condition or delivery of any personal property being transferred herein. By signing these General Provisions,the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any and all matters relating to any"Bulk Sales"requirements, and instruct Escrow Holder to proceed with the closing of escrow without any consideration of matter of any nature whatsoever regarding"Bulk Sales"being handled through escrow. 8.RIGHT OF RESIGNATION Escrow Holder has the right to resign upon ten(10)days written notice delivered to the principals herein. If such right is exercised,all funds and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder. El-Sale(Legal) Printed:01.18.18 @ 10:14 AM by PK ORD1027.doc/Updated:06.21.17 Page 4 OR-FT-FPYM-01520.472001-45141722005 GENERAL PROVISIONS (continued) 9.ACTION IN INTERPLEADER The principals hereto expressly agree that you,as Escrow Holder,have the absolute right at your election to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed,the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in such interpleader action,the amount thereof to be fixed and judgment therefor to be rendered by the court. Upon the filing of such action,you shall thereupon be fully released and discharged from all obligations imposed by the terms of this escrow or otherwise. 10.TERMINATION OF AGENCY OBLIGATION These instructions shall be binding on the undersigned until the close of business thirty(30)days from date hereon and shall be performed within said period or thereafter until written demand by the undersigned is made upon you for the revocation hereof;provided however,that your agency as Escrow Holder will not extend beyond six(6)months from the date set forth herein. Any such written notices shall be effective upon receipt of such notice, This escrow may be terminated and all papers and monies retumed to the parties only upon written instructions of both parties unless otherwise specified herein. 11.CONFLICTING INSTRUCTIONS Upon receipt of any conflicting instructions,you are to take no action in connection with this escrow until non-conflicting instructions are received from all of the principals to this escrow(subject to sections 6,8,9 and 10 above). 12.SETTLEMENT STATEMENTS The parties hereto agree to pay all items as set forth on the approved settlement statements. it is understood that certain items therein may be estimated figures and are subject to adjustment. 13.POST CLOSING FILE PROCESSING It is understood and agreed that the"Reconveyance Fee"specified on the HUD-1 or Closing Disclosure form and on the Estimated Closing Statement is for payment of Trustee Fees,as well as reconveyance and post-closing file processing services. 14.COLLECTION OF FEES Upon recordation and disbursement of documents and funds required herein,you are authorized to collect your fees earned as agreed to for your closing services. Parties agree to pay on demand,whether or not this escrow closes,any charges incurred by Escrow Holder on our behalf and its usual escrow fees and charges. 15.DELIVERY/RECEIPT Delivery to principals as used in these instructions unless otherwise stated herein is to be by hand in person to the principal,regular mail, email or fax to any of the contact information provided in these instructions. If delivered by regular mail receipt is determined to be seventy-two(72)hours after such mailing. All documents,balances and statements due to the undersigned may be delivered to the contact information shown herein. All notices,change of instructions,communications and documents are to be delivered in writing to the office of Fidelity National Title Company of Oregon as set forth herein. 16.STATE/FEDERAL CODE NOTIFICATIONS According to Federal Law,the Seller,when applicable,will be required to complete a sales activity report that will be utilized to generate a 1099 statement to the Internal Revenue Service. The parties have satisfied themselves that the transaction covered by this escrow is not in violation of any planning or zoning law,and Escrow Agent is relieved of all liability in connection therewith,and is not concerned with the enforcement of said laws. 17.NON-RESIDENT ALIEN The Foreign Investment in Real Property Tax Act(FIRPTA),Title 26 U.S.C.,Section 1445,and the regulations there under,provide in part, that a transferee(buyer)of a U.S.real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS)within twenty(20) days after the transfer. Fidelity National Title Company of Oregon will not determine nor aid in the determination of whether the FIRPTA withholding provisions are applicable to the subject transaction,nor act as a Qualified Substitute under state or federal law,nor furnish tax advice to any party to the transaction. Fidelity National Title Company of Oregon will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as they relate to FIRPTA,nor responsible for collecting and holding of any documentation from the buyer or seller on the buyer's behalf for the purpose of supporting a claim of an exception or exemption. Fidelity National Title Company of Oregon is not an agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a U.S.citizen or resident alien. Fidelity National Title Company of Oregon is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the buyer. Fidelity National Title Company of Oregon is not responsible for the completion of any IRS documents or related forms related to the referenced statute. The buyer is advised:they must independently make a determination of whether the contemplated transaction is subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement If applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction;and they are responsible for the completion of any and all forms,including but not limited to applicable IRS documentation, and the mailing of those forms. The Buyer is advised any forms, documents, or information received from Fidelity National Title Company of Oregon is not tax or legal advice and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside counsel from a qualified individual to determine any and all implications of the referenced statute. 18.ENCUMBRANCES Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any amount later determined to be incorrect upon demand of Escrow Holder,parties responsible for payment will immediately pay the amount of any such deficiency. If a reconveyance of the deed of trust is not recorded within sixty(60)days of its being paid off,you are requested to release the deed of trust pursuant to provisions of ORS 86.720. 19.ENVIRONMENTAL ISSUES Fidelity National Title Company of Oregon has made no investigation concerning said property as to environmental/toxic waste issues. Any due diligence required or needed to determine environmental impact as to forms of toxification, if applicable,will be done directly and by principals outside of escrow. Fidelity National Title Company of Oregon is released of any responsibility and/or liability in connection therewith. 20.USURY Escrow Holder is not to be concerned with any questions of usury In any loan or encumbrance involved in the processing of this escrow and is hereby released of any responsibility or liability therefore. 21.DISCLOSURE Escrow Holder's knowledge of matters affecting the property,provided such facts do not prevent compliance with these instructions,does not create any liability or duty in addition to these instructions. 22.CLARIFICATION OF DUTIES Fidelity National Title Company of Oregon serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto. Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form,manner of execution,or validity of any instrument deposited in this escrow, nor as to the identity,authority or rights of any person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such Instruments, or other documents received by Escrow Holder,and for the disposition of same in accordance with the written instructions accepted by Escrow Holder. The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by ail parties. El-Sale(Legal) Printed: 01.18.18 @ 10:14 AM by PK ORD1027.doc/Updated'06.21.17 Page 5 OR-FT-FPYM-01520.472001-45141722005 GENERAL PROVISIONS (continued) THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER,AND THE SINGULAR NUMBER INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE INSTRUCTIONS OR THOSE ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL OF THE TERMS OF THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS CAREFULLY, AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU. END OF INSTRUCTIONS IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. BUYER(S): an Arizona Limitediability Company Avanoa LLC ,Qt-p ►4 c k pp iity p ',a/Y/ BY: .�- `' d ncer Brannan Date SELLER(S): Autono S`�R.kC9- gon Limited Liability Co any/i' /8 ZG/ ' �Y: �� Date Je ox,Manager RECEIVED BY: Fidelity National Title Company of Oregon /-272;7, By: Paula .sey, b P 'ommercial Escrow Officer Date El-Sale(Legal) Printed: 01.18 18 @ 10:14 AM by PK ORD1027.doc I Updated' 06.21 17 Pape 6 OR-FT-FPYM-01520.472001-45141722005 Fidelity National Title CERTIFICATION OF (\L Company of Oregon NON-FOREIGN STATUS Date: January 18, 2018 Escrow No.: 45141722005-PK Section 1445 of the Internal Revenue Code requires a transferee (buyer) of a U.S. Real Property interest to withhold fifteen percent (15%) of the gross sales price if the transferor (seller) is a foreign person or entity unless the transferee receives a certification of non-foreign status from the transferor (seller). The certification must be signed under penalties of perjury, stating the transferor is not a foreign person/entity and containing the transferor's name, address, and U.S. Taxpayer Identification Number. Sellers who provide such a certification are exempt from withholding and the estimated tax cannot be collected from them unless the buyer or their agent have knowledge the certification is false. Certification of Non-Foreign Status by Entity The undersigned hereby certifies the following: Autonome ASR LLC, an Oregon Limited Liability Company is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as defined in the Internal Revenue Code and Income Tax Regulations) or a disregarded entity as defined in §1.1445-2(b)(2)(iii); The U.S. Employer Identification No. for this entity is: 46-5102292; The office address is: 4702 Avery Lane Lake Oswego, OR 97035 The transferor/seller understands this certification may be disclosed to the Internal Revenue Service by transferee and any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare I have completed this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of seller. IN WITNESS WHEREOF, the undersigned have executed this document on the date(s)set forth below. Autonome an,9,regon Limited Liability Compan raj /e -zog BY: i. Date Jeffrey ::4 a , Manager Rev.1/2812010 FIRPTA-Seller's Certification of Non-Foreign Status Printed: 01.18.18 @ 09:34 AM by PK SSCORPD0430.doc/Updated: 10.20.17 Page 1 OR-FT-FPYM-01520.472001-45141722005 Washington County,Oregon 2018-006639 D-E Stn=7 C LOUCKS 01/26/2018 02:40:31 PM Return recorded document to: $20.00$11.00$5,00$20.00 $56.00 City Hall Records Department I,Richard Hobernicht,Director of Assessment and Taxation and Ex- Officio County Clerk(or Washington County,Oregon,do hereby City of Tigard certify that the within instrument of writing was received and recorded in the book of records of said county. 13125 SW Hall Blvd. Richard Hobernicht,Director of Tigard, OR 97223 Assessment and Taxation,Ex-Officio Spencer Brannan Avanoa, LLC :. , i,_t ; T,Hi:;fi�f; 4904 South Power Rd. THE °,roE-1)oRiG N AL. #103-203 Mesa,AZ 85212 Corporation • File No." CD CdG-h`�" 'i'Itle Instrument flied for record by Fidelity National Title as an accommodation o .It has not to its Easement lxectitiannlyo as tobeen Its effectexamined uponas t he title. Sanitary Sewer- Permanent West Coast Lumber Inspection Bureau Inc,hereinafter called the Grantors,grant and convey unto the Avanoa. LLC (hereinafter called the Grantee) a perpetual easement for 'constructing, reconstructing, operating, maintaining,inspecting,and repairing of an underground sewer line and appurtenances,together with the right to remove, as necessary,vegetation, foliage,trees,and other obstructions on the parcel of land described ati in the attached Exhibit"A" and Exhibit"B" situated in the City of Tigard,Washington m County,State of Oregon. Grantee (Avanoa, LLC) is under contract to purchase tax lot 2101 oand is scheduled to close on the property on or before January 15th, 2018. Grantor and m Grantee agree that this easement is subject to Grantee successfully closing on tax lot 2101 7-1 as shown in Exhibit"A"and Exhibit"B." Both parties agree to record the easement against tax lot 2000 and tax lot 2101 upon Grantee's purchase of tax lot 2101. 0 s THE TRUE CONSIDERATION for this conveyance is $0.00. However,the actual Z consideration consists of or includes other property or value given or promised which is the whole consideration. In addition,the Grantee shall agree to repair or replace any sidewalks, paved areas, HVAC units,decks or other appurtenances on the easement(if damaged, removed or destroyed) at the time of the sewer construction. Provisions shall be made in the sanitary sewer design so the owner of the West Coast Lumber Inspection Bureau (Tax Lot 2000) property can connect to the sewer at a time of their choosing. GRANTEE AGREES TO IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,title, or interest except those expressly stated in this easement,nor otherwise prevent Grantors from the full use and dominion thereover; provided,however,that such use shall not interfere with the uses and purposes of the intent of the easement Return recorded document to: City Hall Records Department City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Spencer Brannan Avanoa, LLC 4904 South Power Rd. #103-203 Mesa,AZ 85212 Corporation, File No. 4 Ct(I.ti��~ This instrument filed for record by 1"idality National Title as an accommodation only.It has not been examined as to its Easement ;xecutl�n as to Its effect upon the title. Sanitary Sewer- Permanent West Coast Lumber Inspection Bureau Inc.hereinafter called the Grantors,grant and convey unto the Avanoa, LLC (hereinafter called the Grantee) a perpetual easement for constructing, reconstructing, operating,maintaining,inspecting,and repairing of an underground sewer line and appurtenances,together with the right to remove, as necessary,vegetation, foliage,trees,and other obstructions on the parcel of land described in the attached Exhibit"A"and Exhibit"B" situated in the City of Tigard,Washington E County,State of Oregon. Grantee (Avanoa,LLC) is under contract to purchase tax lot 2101 Qand is scheduled to close on the property on or before January 15th, 2018. Grantor and Grantee agree that this easement is subject to Grantee successfully closing on tax lot 2101 as shown in Exhibit"A"and Exhibit"B." Both parties agree to record the easement against is tax lot 2000 and tax lot 2101 upon Grantee's purchase of tax lot 2101. c 0 zTHE TRUE CONSIDERATION for this conveyance is $0,00. However,the actual consideration consists of or includes other property or value given or promised which is TD the whole consideration. In addition,the Grantee shall agree to repair or replace any sidewalks,paved areas,HVAC units, decks or other appurtenances on the easement(if damaged,removed or destroyed) at the time of the sewer construction. Provisions shall be made in the sanitary sewer design so the owner of the West Coast Lumber Inspection Bureau (Tax Lot 2000) property can connect to the sewer at a time of their choosing. GRANTEE AGREES TO IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,title,or interest except those expressly stated in this easement,nor otherwise prevent Grantors from the full use and dominion thereover; provided,however,that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the rights of the Grantee in the above- described easement will be forfeited and shall immediately revert to the Grantors,their successors and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand on this r: day of , 20 < < . "Grantee" "Grantor" Avan LLC West Coast Lumber Inspection Bureau Inc. SignaVire Signature rrC / ?'r4,, - xj=(1 i t !/1• 1/ is P/`1::1131=7'd i Title Title 47*V QGVer RI 41(03 5(2 ;vt- t 7-"i(,^) - r, /7r ).3 Address ni eSct, S',5 a2 0, Address STATE OF i Q✓4 ss. County of ) This instrument was acknowledged before me this )r‘d day of J At), 2 fl I% . by �s ras (P of (AJ6L.re a(n) ffic on behalf of the Cql„ Notar lic for Oregon TJ Printe Name: sjoy I - My Commission Expires: /02 ) t #14114:41. OFFEG� � JOYCEELAINEALSTAMPWILLING NOTARY PUBUC-OREGON COMMESSION NO.941132 MY COMMISSION EXPIRES JULY 26,2019 • F D Firwood Design Group, LLC SURVEYING i ENGINEERING a PLANNING EXHIBIT 'A' SANITARY SEWER EASEMENT An easement over real property, being a portion of Document No. 77-25339 Book 1228 Page 295, Washington County Deed Records. Located in the southeast quarter of Section 1, Township 2 South, Range 1 West, of the Willamette Meridian, County of Washington, State of Oregon, described as follows: Commencing at the 3-1/4 inch aluminum cap monument, said monument being the northwest corner of the James Hicklin Donation Land Claim No.43; Thence North 02°15'09" East 187.00 Feet along the East line of 72nd Business Center to a point, said point being the Northwest corner of Document No. 77-25339 and the true Point of Beginning; Thence South 89°16'23" East 131.80 Feet along the South line of Document No. 2011-02861 to a 5/8 inch iron rod; Thence South 02°14'20" West 15.01 Feet along the East line of Document No. 77-25339; Thence North 89°16'23" West 131.81 Feet to a point on the East line of 72nd Business Center 172.00 Feet North of the Northwest corner of said Donation Land Claim, said point also being on the West line of Document No. 77-25339; Thence North 02°15'09" East 15.01 Feet along said East line to the Point of Beginning. Containing 1,981.90 square feet more or less. Refer to Exhibit `81 for Easement Location drawing File: S17-047 SEWER EASEMENT.docx Prepared by:SKT 12/07/2017 359 E Historic Columbia River Hwy,Troutdale,Oregon 97060 Tel:503-668-3737 Fax:503-668-3788 EXHIBIT B SHEET OF 15' WIDE SANITARY SEWER EASEMENT FILE: 317-047 EXHIBIT.dwg LOCATED IN THE SE 1/4 SECION 1, T2S, R1 W PLOT DATE: 12-04-17 ••FND 5/8' IR WASHINGTON COUNTY, OREGON _ `- `� y0.2B E. OF UNE SCALE 1' =30' , HELD �� CLIENT \ SCOTT EMMETT 1--.`..L-' TAX LOT 1900 // ADDRESS -- 6890 YARNS ST. TIGARD, OR. .1a NELSON VAIL LLC / ,6,� BUILDING DOCUMENT N0. r�� J08 NUMBER - 517-047 "' E�JILD NG 2011-02861 J ,�� f/� o \ es- Af..z, / \ \ 8;,r�,•�.;'r�.. \�� I!/c• FND 5/8" r.... INN.,/,,,y , 2i,3" IR HELD-\\ / l cc Q 40' -11` �, W N 12' 96.02' (Si) 36.00' (S1)/ �� / • z 95.74' L z N r. r . S8�6'23"E - ,1.31.80' �W �S_D6'/' _, HELD e` � g" • CONCRETE (Si) / r LID 4F W In40" a / II z w Q i_ N89`f 6'23' ,. �` ; a ' a oY r R A . f V 2" BUILDING , 15' WIDE SANITARY /et TAX LOT 2101 0 %' 8 VARVES STREET PROPERTIES LLC N o 1.0' 0.3 � . WISER EASEMENT ^ / 'J • n co w STAIRS CONTAINING DOCUMENT NO. 1981.90 SQ.FT. M/L x 2017-075364 a TAX LOT 2000 a n WEST COAST LUMBER ' @er ..-.. INSPECTION BUREAU < DOCUMENT NO. z I�B" fp - 77-25339 O.., = ,�.G� • L a BOOK 1228, PAGE 295 '' a• o j ='` „p0 . J`p. _ z 1\ '4°9 i .,. ...,:ion \ ( PR !SAL ' N N ;, LAND SURVEYOR - ,r,. 10" LEGEND •• o ` �1 C•. • FOUND MONUMENT AS NOTED 'n w eI E .•� OREGON ■ FOUND 5/8" IRON ROD WITH YELLOW PLASTIC CAP Z MAY 24„2013 ® \ STAMPED "COMPASS LAND SURVEYORS" SET IN (S1) SAMANTHA KAY TANNER 90079 1..<f QY `�'-2�" ----- PROPOSED EASEMENT UNE RENEWS 6/30/18 S �f11� 41'x'\ - GRAPHIC SCALE WOOD FENCE SN SURVEY NUMBER 30 0 15 30 FND 31/4" ALUM. DISC. FND FOUND \___ STAMPED DLC 43 AS PER !!!!!! S1 USBT BOOK 9, PAGES 584-586 ( ) RECORD VALUES PER SN32163 HELD (S1) Oc, IRRIGATION CONTROL VALVE ( IN FEET ) 1 inch = 30 ft til GAS METER •:"i H)CaT+— 359E HISTORIC COLUMBIA HIGHWAY - DECIDUOUS TREE AND SIZE TROUTDALE,OREGON 97060 ilr/12. i EVERGREEN TREE AND SIZE Firwood Design Group, LLC BUS:(503)668-3737 t FAX:(503)668-3788 20" SURVEYING 4 ENGINEERING 4 PLANNING e' CONCRETE SURFACE J . / ACCOMMODATION RECORDING AUTHORIZATION AND WAIVER OF LIABLITY AGREEMENT TO: Fidelity National Title Insurance Company], herein the "Title Company" 900 SW 5th Avenue Phone:503-222-2424 Portland, OR 97204 Fax: 503-227-2274 DATE: 1/18/18 TITLE COMPANY ORDER NO.45141722005 CUSTOMER REF: ENCLOSED PLEASE FIND: 3. Other—Describe: Easement ❑ 1. Trust Deed or Mortgage ❑ 2. Reconveyance or Satisfaction Sanitary Sewer Ill 4. Check in the amount of Recording Charges(incl.e-recording)$ ; $ as payment for Washington County Transfer Tax$ Property Taxes$ ;Other$ • ® 5. Recording of Easement Sanitary Sewer PLEASE PROCEED AS FOLLOWS: ® A. ACCOMMODATION RECORDING; NO TITLE INSURANCE. Record the enclosed document(s)in Washington County, Oregon,as an accommodation only. The undersigned(herein the"Customer") makes no demand in connection therewith, and Title Company is relieved of any liability as to the condition of title to the property described therein and as to the validity, sufficiency and effect of said document(s). The Accommodation Recording Waiver of Liability Agreement on the following or reverse page is a part of this agreement and authorization. ❑ B. CALL recording information and charges to at ❑ C. SPECIAL INSTRUCTIONS: ® D. SEND RECORDED DOCUMENT(S)(if applicable)AND INVOICE to the undersigned,herein the"Customer,"at the address shown below. FROM: Company: ,�. Attn: By: ., Street&Suite: (A thorized Signer) City/State/Zip: (Print Name:)S nc e r- Rita 11 s.ry FOR USE BY TITLE COMPANY: Received , 20 at(Time:) , by Fidelity National Title Company of Oregon. 1 By: (Print Name below Signature.) WAIVER OF LIABILITY AGREEMENT: Customer acknowledges that Title Company is providing this service as an accommodation only and that there is no charge for this service;however,Customer has paid or will pay all recording fees,transfer tax,if applicable,and other charges incurred by Title Company in providing this service. Customer further acknowledges that Title Company receives no benefit, business or otherwise, by the recording of the document(s). It is further understood and agreed that Title Company,in the normal course of its business,would not record documents as an accommodation unless Customer indemnifies Title Company against any and ail liabilities as agreed herein. It is understood and agreed by Customer that,with respect to the property described in any document to be recorded,Title Company is not:(1) performing a search of the title;(2)liable for the condition of title;or(3)issuing a commitment or policy of title insurance to Customer. Therefore, Title Company has no obligation to: (1) examine or make any changes to the document prior to submitting the document for recordation;(2)determine the accuracy of the information contained in the document;(3)determine the applicability or amount of any document taxes, stamps or fees due;or(4)determine whether the document complies with relevant laws. In consideration of Title Company recording the document(s), Customer hereby waives and releases Title Company from any and all claims arising out of the recording or attempted recording of the document(s), including negligent acts, and agrees to indemnify and hold harmless Title Company from any and all liabilities, losses, damages, expenses and charges, including attorney fees, that may be sustained or incurred by Title Company,arising directly or indirectly out of the recording of,attempted recording of,or failure to record the document(s)at the request of undersigned or resulting directly or indirectly from any claim, action, proceeding, or judgment, arising trom or eased upon or growing out of said recording or absence of recording. . w PROJECT DESCRIPTION ct Z s E,,3_ DD N TENANT IMPROVEMENT FOR NEW B AMBULATORY MEDICAL CLINIC DEMOl1BON Of NON LOAD BEARING WALLS AND LOSING ti V RESTROOMS.NEW INTERIOR PARTITION WALLS,ELECTRICAL,PLUMBING AND ADA RR. Q—. In 1 i~ _ au ,# PROJECT TEAM DRAWING INDEX 2 m BUILDING SW YARNS STREET F-' 8 U ADDRESS: TIGARD,OR 97223 T-0 COVER/SITE PLAN Q CONTRACTOR: EMMETT PHAIR CONSTRUCTION T-0 �oe 1 EGRESS PLAN Q CONTACT.CHAD BRIX W I— _ EMAIL mm chadOeettphoir.corn T-1 DEMO PLAN T ON d �` _ PHONE:(503)4300 N FAX:(503)}99-00099 -2 DIMENSIPLAN W j CCBi:57427 WA/PHAIROC948PE I. DESIGNER: EMMETT PHAIR CONSTRUCTION T-3 DETAILS Z CONTACT:TARA CANTRELL T-4 PROPOSED PLAN 2 O coco EMAIL laroOemmellphair.corn PHONE:(541)521-7881 FAX:(50})}99-0009 T-4.1 DENTAL EQUIPMENT PLAN W V > Ot- OEWNNANT/ MNAITLA:CeTvaPeCrEaRnnBaRnOiNcAN centere.can T-5 REFLECTED CEILING PLAN y`A:L I.TT-8 FINISH PLAN Q CONSULTANT: CONTACT:t7 PHONE 1-7 FINISH SCHEDULES '..-X Co T-B ELEVATIONS �T' 04 i� DEFERRED SUBMITTALS -MECHANICAL(MECO.COMCHECK FORM TO BE �, `- 1-� SUBMITTED WITH DEFERRED SUBMITTAL) - t _ -ELECTRICAL _i4 t '-:--,,,f; -PLUMBING Si., e:"17-,, 4:4' AREA OF WORK • ,---rill LL : CO'9*J`` P r1 i t 3 CITY OF TIGARD °�' V'�` 2 Ea N e 1 N Approved y PI nning ci.,Q oT 3='11�� I V Date: ,20 /A °� DESCRIPTION DATE "& =41. Initials: i..5 12 11 10 9 ✓� 7 6 5 4 J lII ;i �r PERMT SET'��yi RECEIVED DATE- DWT.RS 12820,8 CHK:TC 0 SITE PLAN (13 MAR (.(y/, PRQ a SHEET SCALE 1118'=I'V T NipSCALE.1116"=1-0 O COVER SHEET CITY ,.F T1GARD PLANNING/ENGINEERING Converting an existing B- office building into a B- ambulatory clinic, update the exterior parking lot to meet ADA requirements. B) Evaluation Criteria. 1) An increase in dwelling unity density, or lot coverage for residential development RESPONSE: n/a 2) A change in the ratio or number of different types of dwelling units RESPONSE: n/a 3) A change that requires additional on-site parking in compliance with Chapter 18.310, Off-Street Parking and Loading RESPONSE: n/a 4) A change in the type of commercial or industrial structures as defined by the state building code RESPONSE: n/a 5) An increase in the height of the building(s) by more than 20 percent RESPONSE: n/a 6) A change in the type and location of accessways and parking areas where off-site traffic would be affected RESPONSE: n/a 7) An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day RESPONSE: n/a 8) An increase in the floor area proposed for nonresidential use by more than 10 percent excluding expansions under 5,000 square feet RESPONSE: n/a 9) A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by this title or reduces the open space area by more than 10 percent RESPONSE: n/a 10) A reduction of project amenities below the minimum required by this title or by more than 10 percent where specified in the site plan: a. Recreational facilities- RESPONSE: n/a b. Screening- RESPONSE: n/a c. Landscaping provisions- RESPONSE: n/a 11) A modification to the conditions imposed at the time of site development review approval that are not the subject of paragraphs 1 through 10 of this subsection RESPONSE: n/a O l J ISI tit O C!1 Lina Smith From: Lina Smith Sent: Wednesday, March 28, 2018 2:59 PM To: 'Renee Snyder'; 'spencer.brannan@ciccenters.com' Subject: Approved minor modification for Avanoa, LLC Attachments: Approved site plan.pdf; MMD2018-00011.pdf Hi Renee & Spencer, Attached is your approved minor modification and stamped site plan for a new medical office on Varns Street. If you need me to mail you hard copies of these documents, please let me know. Our mapping system shows the suite you're moving into has the address 6958 SW Varns Street (not 6960), so this is the address you'll want to use for your permits. Also, since the remainder of the building is currently vacant, we only calculated parking for the space that will be occupied (2,067 square feet). The site has adequate parking at this time, but once you get a new tenant for the remainder of the building, you'll need to apply for another minor modification—my concern is that adding a new tenant in the future will make the site under-parked (since there are only 13 spaces provided). At some point, you may want to consider adding more parking to the site to accommodate future tenants. You can now pull your building permits for this project; please contact the Building Division at 503-718- 2439 if you have any questions about the permits. If you have questions for me, I can be reached at (503) 718-2438 or by e-mail. Thanks, Lina Lina Smith Assistant Planner City of Tigard I Community Development 13125 SW Hall Blvd.Tigard, OR 97223 E-mail: LinaC_S@tigard-or.gov 1 Z ... .. _. ,;...-, ,.;,-..,,, , 3'1 '.'' ...,.....,, �\ \\ Qa A. Ia0. 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