VAR2001-00011
EXHZDIT A
NOTICE OF TYPE I' DECISION
SETBACK ADJUSTMENT (VAR) 2001-00011
CASQUEIRO REAR YARD SETBACK ADJUSTMENT Community OmeCopment
I S(rapingA Better Community
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1,20 DAYS = 10/18/01
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SECTION I. APPLICATION SUMMARY
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FILE NAME: CASQUEIRO REAR YARD SETBACK ADJUSTMENT
CASE NO: Setback Adjustment (VAR) VAR2001-00011
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PROPOSAL: The applicant has requested approval for a Development Adjustment to
reduce the minimum rear yard setback by 20%.
APPLICANT: Gene & Trace Casqueiro OWNER: Same as Applicant
15356 SW 82 Place
l Tigard, OR 97224
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COMPREHENSIVE
PLAN j
DESIGNATION: Medium Density Residential
ZONING 1
DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is
designed to accommodate attached single-family homes, detached
single-family homes with or without accessory residential units, at a
minimum lot size of 5,000 square feet, and duplexes, at a minimum lot
size of 10,000 square feet. Mobile home parks and subdivisions are
also permitted outright. Some civic and institutional uses are also
permitted conditionally.
LOCATION: WCTM 2S112CB, Tax Lot 05800 (15356 SW 82nd Place).
APPLICABLE
REVIEW I,
CRITERIA:, Community Development Code Chapters 18.370, 18.390 and 18.510.
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SECTION III. DECISION
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Notice is hereby given that the City of Tigard Community Development Director's
desiginee has APPROVED the above request. The findings and conclusions on
which thedecision is based are noted in Section IV of this decision.*
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NOTICE OF TYPE I DECISION VAR2001-00011/CASQUEIRO REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3
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SECTION III. BACKGROUND INFORMATION
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Site , istor.
A search of City records shows no other land-use records for this parcel.
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Vicinity and Site Information:
The property is located on the north side of 82nd Place, which is a cul-de-sac on the north
side of SW Ashford Lane. There are no sensitive lands on this site. A single-family home
exists on the property. The homes on the lots surrounding this property contain
single (family homes with larger footprints.
Proposal Description:
The applicant has requested approval for a Development Adjustment to reduce the
minimum rear yard setback by 20%. This request is necessary to allow the applicant to add
a 20' by 25' addition to the backside of their residence.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
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DEVELOPMENT ADJUSTMENT - APPROVAL STANDARDS:
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Section ~ 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional
standards for the rear yard setbacks required in the base zone may be approved as a
Type I Development Adjustment. Section 18.370.020.B.2, Approval Criteria, provides
that a development adjustment shall be granted if there is a demonstration of
compliance with all of the applicable standards:
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A demonstration that the adjustment requested is the least required to achieve the
desired effect;
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The applicant has requested an 20% reduction. This would reduce the rear yard setback
from 15 feet to 13 feet. The adjustment is needed to ensure the least impact on the
existing roofline and to complement the existing structure. The applicant has stated that
the current plan for the addition was built according to incorrect information gained from
the City which stated the applicant could build up to 10 feet from the rear lot line. This
standard has been met.
The adjustment will result in the preservation of trees, if trees are present in the
development area;
No trees are impacted by the proposal. Therefore, this standard does not apply.
The adjustment will,not impede adequate emergency access to the site; and
The adjustmlent will affect the rear yard setback only. Emergency access from the street
fronting the property will not be affected. Therefore, this criterion is satisfied.
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NOTICE OF TYPE I DECISION VAR2001-00011/CASQUEIRO REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3
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There is not a reasonable alternative to the adjustment, which achieves the desired
effect.
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The adjustment will have no impact on the applicant's property except by reducing the rear
yard by 2 feet. The desired effect cannot be achieved by building in any other direction due
to the` shape of the lot and home. The neighboring houses appear to have envelopes that
extend deeply into their backyards, so the effect of the setback encroachment will be
minimal. Therefore, staff finds the adjustment to be the most reasonable alternative.
SECTION V. PROCEDURE AND APPEAL INFORMATION
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A rear yard setback adjustment is a Type I procedure. As such, the Director's decision is
final on'Pe date it is mailed or otherwise provided to the applicant, whichever occurs first.
The Dire ctor's decision may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL AS OF JUNE 22, 2001.
THE EFFECTIVE DATE OF THIS DECISION SHALL BE JUNE 23, 2001
Questions:
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If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
June 22, 2001
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REPE'D D BY: di Buchanan DATE
Current Planning
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~I June 22, 2001
APPROVEbI BY: Richard Bewe orff DATE
ig Manager
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NOTICE OF TYPE I DECISION VAR2001-00011/CASQUEIRO REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3
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VAR,
CASOUEa-RD REAR YARD SETBACK
EXHIBIT B
2S112CB-05800
CASQUEIRO GENE ALAN & TRACY L
15356 SW 82ND PLACE
TIGARD, OR 97224
AFFIDAVIT OF MAILING CITY OFTIGARD
i Community (Development
SlrapingA Better Community
County 0f Was iizgton ) ss.
City of Sward
1, (Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am an Administrative SpeciaCut II for the
City of Tigard, Washington County, Oregon and that I served the following:
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(check npprop+ate BOX(S) aeb.)
0 NOTICE OF I~DECISION FOR: VAR2001-0001IKASQUEI110 REAR YARD SETBACK ADIUSTMENT
❑ AMENDED NOTICE (File NoMame Reference)
l ® City of Tigard Planning Director
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A copy of the said notice being hereto attached, marked Exhibiff, and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked EXhibit'B", and by reference made a part
hereof, on June 22,2001, and deposited in the United States Mail on lung 22, 2001, postage prepaid.
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(Person th ared Noti e)
Subscribed and sworn/affirmed before me on the 3 r~ day of , 2001.
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OFFICIAL SEAL
DIVINE M JELDERKS
NOTARY PUBLIC-OREQON
MY COMMISSION N,"~06t7a
COMMISSION EXPIREWS• gpT 07, X003
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NOTARY PUBLIC UFURE/GUIH/
My Commission Expir
-71
Gene and Tracy Casqueiro
15356 S.W. 800 Place
Tigard, Oregon 97224
Pine # (503) 684-1753
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Residential Adjustment
Wehave applied for the adjustment due to the following circumstance -
The', house addition plans were based on neighborhood setback quotes from the
CityI of Tigard Planning Department. The first quote was "10 feet". The second
quote was "up to the property". Based on these quotes, a home refinance was
completed and the house plans paid for and developed. The architect called to
verify the setback and was told "10 foot" setback. Upon submitting our plans, we
were informed that the setback was 15 feet. This contradicts the first three
quotes. At this time, the plans extend two feet beyond the city setback
guidelines.
Approval Criteria for building adjustment:
A. The adjustment is needed to ensure the least impact on the existing
roof line and complement the existing structure. The desired effect cannot be
achieved by planning in any other direction and is based on the original plan
using (information given regarding setback requirements..
B. The adjustment does not threaten, any existing landscape. With'this
adjustment the existing tree will remain in tact.
C. There are no emergency access issues as this request impacts only the back
side of'Ithe house.
D. The request for adjustment is the least disruptive to the existing
structure in achieving the desired outcome as originally planned; compliments
the existing structure; and was based on the information provided by Tigard City
Planning.
Tracy Casqueiro _
Gen Casqueiro
6 2D o
ADJUSTMENT
TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297
PRE-APP. HELD WITH: A
DATE OF PRE-APP.: I i
GENERAL INFORMATION
Property Address/Location(s): FOR STAFFUSE ONLY 1.
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Tax Map & Ta Lot #(s): a 'S I lacb - OS19(l)
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Site Size: v ~-~w ' IDlJ0( I
Property Owner/Deed Holder(s)*: Case No.(s):
Address: L"10 Phon 0 -1153 Other'Case:No.(s): . w ` j
21
City: On A-A 012 Zip: ~ ~aa ~ K ^ t
Applicant l Receipt No:: ~
Address: Phone: Application Qccepfed
City: Zip:
.Date:
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* When the owner and the a licant are different people, the a !!cant
must be a purchaser of record or a lessee in ossession with written
Date Determined To Be.Complefe t 4.
oriza ion rom the owner or an agent of the owner. The owner s
m s app Ica ion in t e space provided on the back of this
form or submit a written authorization with this application. Comp Plan/Zone esigrlatlon.,
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an CIT Area . ' ~r111~ ~V. 'g
Administrative Adjustment to the following provision(s) of the Recording bate and Number
Community Development Code (please circle one only):
>Development Adjustment $100 Rev. 6/2012000 6curpln~masters~adJustmt mst a
>Special Adjustments:
♦ Adjustments to a Subdivision $100
♦ Reduction of Minimum Residential Density $100
♦ , Landscaping Adjustments - Existing/New Street Trees $100
♦ \Parking Adjustments - Reduction in Stacking Lane Length $100
♦ Wireless Communication Facility Adjustments- Distance From Another Tower $100 REQUIRED SUBMITTAL ELEMENTS
Plea a state the reason for the Adjustment request:
✓ Application Elements Submitted:
[t~ Application Form
L]G Owner's Signature/Written A]za C ~QJ~~~1 Ym Title Transfer Instrument or D~2 y % O c T aYJ - r 2
pies)
Site/Plot Plan (reduced 8'/2"x r~x- N1 a Site/Plot Plan (6 co
Applicant's Statemeni
(Addressing Criteria Under Section [V~ Filing Fee $100.00
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APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
propedy.
• 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.
1~,
DATED this day of
0
Owner's Signat&le Owner's Signature
111~1r's Signature Owner's Signature
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Receipt 27200100000000002497 Date: 06/18/2001 CON
T I D E M A R K
COMPUTER SYSTEMS, INC.
Line Items:
Case No Tran Code Description Revenue Account No. Amount Due
VAR2001-00011. 100-0000-438000 $100.00
Payments:
Method Payer Bank No Acct Check No Confirm No. Amount Paid
Check GENE CASQUEIRO 0 0933 0 $100.00
TOTAL AMOUNT PAID: $100.00
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Aar"" `f GENE-A. CASQUEIRO :i,02 3 3
TRACY L.,CASOUEIRO f ;s i 5 a
15356 S W 82ND PL. 684-1753. : , 247589/3230
TIGARDI OR 97224 Y ° Jrat~ s.
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®,1999 ARTISTIC CyECKS,:INC''ia:`?P~ Ye.•1 .'.r.-
PORT.'<`ANDcMORTGAGErCOMW • 0 91005621
5 2020 S. W. Fourth, Suite 920 Washington County
Portland, OREGON 97201
Loan # 167379
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DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on JANUARY 28
,
1991 The grantor is GENE ALAN CASQUEIRO and TRACY LYNN CASQUEIRO, HUSBAND AND WIFE
~ ("Borrower"). The trustee is
STEWART TITLE OF OREGON, INC. ("Trustee"). The beneficiary is
PORTLAND MORTGAGE COMPANY , AN OREGON CORPORATION , which is organized and existing
under the laws of OREGON , and whose address is
2020 S. W. Fourth, Suite 920, Portland, OREGON 97201 ("Lender").
Borrower owes Lender the principal sum of EIGHTY SIX THOUSAND AND NO/100
Dollars (U.S. $ e O , 0 00.0 0 This debt is evidenced by Borrower's note
dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not
paid earlier, due and payable on FEBRUARY 1, 2021. This Security Instrument
secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this
Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and
the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following
described property located in WASHINGTON County, Oregon:
LOT 72, ASHFORD OAKS NO. 2, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON.
C,`
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which has the address of 15356 S.W. 82ND PLACE TIGARD
[Street) (Cityl
Oregon 97224 ("Property Address");
(Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or
hereafter apart of the property. All replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the "Property."
BURROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
Tills SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute it uniform security instrument covering real property.
OREGON-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3038 12/83
ISC/CMDTOR//0386/3038(12-83) Page 1 of 4
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due
the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to
one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly
leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly
mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the
basis of current data and reasonable estimates of future escrow items.
The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or
state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender
may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays
Borrower interest on the Funds and applicable law permits Lender to make such a charge. A charge assessed by Lender in
connection with Borrower's entering into this Security Instrument to pay the cost of an independent tax reporting service
shall not be a charge for purposes of the preceding sentence. Borrower and Lender may agree in writing that interest shall be
paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to
pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of
the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds
are pledged as additional security for the sums secured by this Security Instrument.
If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to
the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be,
at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the
amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any
amount necessary to make up the deficiency in one or more payments as required by Lender.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later
than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of
application as a credit against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs I and 2 shall be applied: first, to late charges due under:the Note; second, to prepayment charges due under the
Note; bird, to amounts payable under paragraph 2; fourth, to interest.,due; and last, to principal due.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall
pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts
to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall'promptly furnish to Lender
receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good
faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to
prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of
the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days
of the giving of notice.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The
insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be
unreasonably withheld.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance
carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair
of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore,
the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin
when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If
under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially
change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold,
Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and
fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect
Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or
regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights
in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security
Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although
Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
reg6esting payment.
If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,
Borrower shall pay the premiums -required to maintain the insurance in effect until such time as the requirement for the
insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law.
8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender
shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,
unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by
the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately
before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be
paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or
to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest.
Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made
by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
shall not be a waiver of or preclude the exercise of any right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions
of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey
that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay
the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend,
modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without
that Borrower's consent.
12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge under the Note.
13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of
rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option,
may iequire immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies
permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of
parag.;aph 17.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided
in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the
Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's
obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by
Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17.
Page 3 of 4
L•oari ti' 187878
NON•UNII ORM CO%*rNAN,rs. Borrower and Lender further covenant and agree as follows:
19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17
unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured;
and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to bring a court action to assert the nun-existence of a default or any other
defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender
at its option may require immediate payment in full of all sums secured by this Security Instrument without further
demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to,
reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall execute or cause 'frustee to execute a written notice of the
occurrence of an event of default and of Lender's election to cause the Property to be sold anti shall cause such notice to be
recorded in each county in which any part of the Property is located. Lender or Trustee shall give notice of sale in the
manner prescribed by applicable law to Borrower and to other persons prescribed by applicable law. After the time
required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest
bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order
Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and
place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty,
expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not
limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess
to the person or persons legally entitled to it.
20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in
person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver
shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not
limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by
this Security Instrument.
21. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons
legally entitled to it. Such person or persons shall pay any recordation costs.
22. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any
Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title,
power and duties conferred upon Trustee herein and by applicable law.
23. Use of Property. The Property is not currently used for agricultural, timber or grazing purposes.
24. Attorneys' Fees. As used in this Security Instrument and in the Note, "attorneys' fees" shall include any
attorneys' fees awarded by an appellate court.
25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument. [Check applicable box(es)]
Adjustable Rate Rider Condominium Rider 2-: Family Rider
Graduated Payment Rider Planned Unit Development Rider
Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
...C.:~... .'f~ !........(Seal)
; lu, ~i lE ALAN CASMJEIRO -Borrower
......(Seal)
*:YNNE :iF~ -Borrower
[Space Below This Line For Acknowledgment)
STATE OF OREGON,C Y►~vGx CJ County ss:
On this 3 day of 19 Q/ , personally appeared the above named
GENE ALAN CASQUEIRO and TRACY LYNN CASQUEIRO and acknowledged
the foregoing instrument to be t h e i r voluntary act and deed.
(Official Seal) /°'-L Before me:
My commission expires: LaG -7,~- aJ~.
Notary Public for Oregon
ISCICMDTOR//0386/3038(12-83) Page 4 of 4
/1 ,
STATE OF OREGON
County of Washington AS
1, Jerry R. Hans i c or of Assessment
and Taxation a D fficio rder of Con-
veyances for Id cegntyQe" re ertify that
the within ' we "f=wr.' } eceived
and recor i ounty.
Mans O N r or of
ati Ex-
(P
Si,LCT' • rr Q4'
04(
COUNT'
1991 FEB =4 AM 9: 54
WILL CALWPICK UP
i
j
Fill out this form completely and attached it securely
j to the document(s). Bring it to the WILL CALL / PICK
UP area at the Front Counter and file in the,
appropriate alphabetical slot by last name/company.
1
TO: cog 7-0 E
I
COMPANY NAME:
{ DOCUMENT NAME: P~S - ~f3P.~o01-OOI/
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FROM:
DEPARTMENT: ~jQ~c vtc~a,
DATE TO WILL CALL:
I
FEE:
If the document is not picked up within 5 working
days of the "DATE TO WILL CALL"; the document
will be returned to the originator.
I
RETURNED TO ORIGINATOR DATE:
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