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VAR2005-00030 0 0 EXHIBIT.A.. NOTICE OF TYPE I DECISION VARIANCE (VAR) 2005-00030 CITY OF TI©ARD THOREN REAR YARD SETBACK ADJUSTMENT Community (Development ShapingA BetterCommuni 120 DAYS = 08/12/2005 SECTION I. APPLICATION SUMMARY FILE NAME: THOREN REAR YARD SETBACK ADJUSTMENT CASE NO: Adjustment (VAR) VAR2005-00030 PROPOSAL: The applicant has requested approval for an Adjustment to the rear yard setback to reduce the setback from 15 feet to 12 feet to accommodate construction of a deck. APPLICANT/ OWNER: Ted and Kim Thoren 12957 SW 116th Place Tigard, OR 97223 LOCATION: 12957 SW 116th Place; WCTM 2S10313D, Tax Lot 09700. ZONING AND COMPREHENSIVE PLAN DESIGNATION: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION VAR2005-00030- THOREN REAR YARD SETBACK ADJUSTMENT PAGE 1 OF 3 CONDITION OF APPROVAL 1. Provide a plan showing all trees located on the parcel. The required tree plan will need to be reviewed and approved for preservation by the City's Forester. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: The subject site is lot 9 of the Hunter's Woodland Subdivision. No other land-use cases are associated with this parcel. Site Information and Proposal Description: The applicant has requested an adjustment to the rear yard setback to reduce the setback from 15 feet to 12 feet to accommodate construction of a deck. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS DEVELOPMENT ADJUSTMENTS: Section 18.370.020.B.1.a provides that up to a 25% reduction of the dimensional standards for the front 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: A demonstration that the adjustment requested is the least required to achieve the desired effect; The only portion of the proposed home that will extend into the required 15-foot rear yard setback will be the proposed deck. The applicant's desired effect it to build a usable deck that has enough room for patio furniture, etc. The habitable portion of the home will remain at the required setback of 15 feet. The requested adjustment is therefore, the least required to achieve the desired effect. The adjustment will result in the preservation of trees, if trees are present in the development area; The applicant has stated in the narrative that, "there are no trees in the development area." However, ariel photos show a tree canopy covering the rear portion of the parcel. Therefore, the applicant is required to provide a plan showing all trees located on the parcel. The required tree plan will need to be reviewed and approved for preservation by the City's Forester. The adjustment will not impede adequate emergency access to the site. NOTICE OF TYPE I DECISION VAR2005-00030-THOREN REAR YARD SETBACK ADJUSTMENT PAGE 2 OF 3 The request is for a rear yard setback adjustment. Access to the home will remain unchanged. Therefore, emergency access to the site will not be impeded. There is not a reasonable alternative to the adjustment, which achieves the desired effect. The subject home is pre-existing. The lot shape and placement of the home preclude any alternative to the requested adjustment. Therefore, this standard has been satisfied. FINDING: Based on the analysis above, Staff finds that the development adjustment criteria are not satisfied. However, if the applicant complies with the following condition, this criteria can be met. CONDITION: Provide a plan showing all trees located on the parcel. The required tree plan will need to be reviewed and approved for preservation by the City's Forester. SECTION V. PROCEDURE AND APPEAL INFORMATION A front yard setback Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON APRIL 27, 2005, AND BECOMES EFFECTIVE ON APRIL 28, 2005. Questions: 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. V,/,, " , .0.~ April 27, 2005 PREP E athe cheidegger DATE Associate Planner NOTICE OF TYPE I DECISION VAR2005-00030- THOREN REAR YARD SETBACK ADJUSTMENT PAGE 3 OF 3 r r GEOGRAPHIC INFORMATION SYSTEM SW ER OL ST F - VI©HM MAP P VAR2005-00030 THOREN REAR YARD ST SETBACK ADJUSTMENT Cn SIT AY R$FERR RD BULL: Err Qp A D 2 AAtycF : `•J ° eem RD D F Tigard Area Map N 0 100 200 300 Feet 1 , 1 ~ 0 100 200 300 Feet O 1 ,-I N~1 `O 1'= 251 feet D 22 ~ City of Tigard Information on this map is for general location only and should be verified with the Development Services Division. P 13125 SW Hag Blvd Tigard, OR 97223 O (503) 6394171 httpJ/www.ci.tigard.or. us Community Development Plot date: Apr 27, 2005; C:Xmagic\MAGIC03.APR l i! I i I i l~ i l i i i i! I I I I ~ I~ I I! i l!! Gj l I I ! S ~?a!~ I i k'r OQv ! ! ! I i i ; ! i i 'bpi ;h x I I I~~ i..Y , I! I i! i! i I I i I i ! i I I~ i' i i ,~,~I ; i..l I! I I! j i ! 1 1! 1!! 1 C-51 I I I I ~ i I X t I I i I CY; j i IS I I '1ll, j ' ,I I 1 !~J~opi r•~y !1\~ 7 i iiG~ t ~ ~ F Fo ~ \Q~ I j I ! i ! I I j ~ I I_ I i I ' ! I j I I i I I 1 lp' { 1' 6 I . i 9 { I I i 1, ~ i! I . l i j i! s; i; i i;. j• ! I I!!! I I ' ~ I i^ `I ! ! 2 F~-; I i 1 ' ~b I i 3 ~ I ! ! ! ! I I ' ! ! I I I ! i ' I' i I f i- I I i i i I~ I i! ~,5 I I!! i i I, j i ! ~~/an. ; .1 215 7 SvJ Il6a> PL! i Y 71' arC~l 02 a 9`12231 I I I iy Iii I I/ I ~Q~ I!! i l~ j' I~ I 1'!'! I i~ { j l l l l i' i! i! I I I I!! i t i I i i i ~i i I l'!! I i 1! 1 1 1 1 1! I I I! I i l l! 1 1 I I I ! I I! j! .j. ! ! Ill ( I ! I ' i I ~ { i i r i j; I I I I I! I I!! t I I i! I I I i I I I i ~~li I 1 r ~2/.. ! i I i I ~ i i i I! ! I I I I I I! I I i ! .I I ' .i i ~~~~i~~ ; ~ I ~2 I ►o~. I~ij I I I ' l ' ! I ~ ~ ~I I i I i! I I I I i I I I I!! I! I I I j i I! i j -i I l i i l i l l l l l l! I V I I I i. i } -ees5 , Gt°Qvr _ I I i IV • • AFFIDAVIT OF MAILING CITY OFTIGARD Community (Development Sgapingfl Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City of Tigard,,' Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) ❑x NOTICE OF DECISION FOR: VAR2005-00030/THOREN REAR YARD SETBACK ADJUSTMENT i] AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhi6it"A 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 April 21, 2005, and deposited in the United States Mail on April 21, 2005, postage prepaid. (Person h repared Notic STAgE O(' OT9GON County I) `Was ington ) ss City of igard ) -6 Subscribed and sworn/affirmed before me on the ~b day of , 2005. 'Acill OFFICIAL SEAL SUE ROSS NOTARY PUBLIC-OREGON J'~j COMMISSIONS N 375 52 DEC. 1, 2 C.1, 2007 My Comm n Expires: -(J NO. 375152 COMMISSION EXPIRES DEC. w v ADJUSTMENT TYPE I APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX (503) 684-7297 GENERAL INFORMATION Property Add ess/Location(s): I2R 5 7 5W I I G4,t., P L < r-~ 0 F- "122 FOR STAFF USE ONLY Tax Ma & Tax Lot#(s): 1 u) -2rs 00 an LOA- 1) VA Site Size: j H 0~ X30 S V Case No.: Applicant: \ i\^r\ -C h 0 rerL Other Case No.(s): Address: ILq 5 v\l )1(,4--\ PL' V s City/State: -Tt' CR.r QIZ Zip: R -T ZZ3 Receipt No.: -Fi Primary Contact: ~\m -'(tipwQ.n Application Accepted B Phone: 503 c[ -o-1 g Fax: Date: d 7Y" Properly Owner/Deed Holder(s)*: (Attach list if more than one) Ted ~<<m_rV_i 0 (_~e_r- Date Determined To Be Complete: Address: 12RS-7 SW 116~'`Pl. Phone: S43-S-7R-0-76? City/State: -I-f q 0.rck- 6(Z. Zip: 9-7-L-2-3 Comp Plan/Zone Designation: * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the Rev. 8/26/04 is\curpln\masters\revised\adjustment-1.doc back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request permission for an REQUIRED SUBMITTAL ELEMENTS Administrative Adjustment to the following provision(s) of the Community Development Code (please circle one only): ✓ Application Elements Submitted: DDevelopment Adjustment -Front Yard, Interior Setbacks and Lot Coverage >Special Adiustments: 19/Application Form ♦ Adjustments to a Subdivision ♦ Reduction of Minimum Residential Density Owner's Signature/Written Authorization ♦ Landscaping Adjustments - Existing/New Street Trees ♦ Parking Adjustments - Reduction in Stacking Lane Length Title Transfer Instrument or Deed ♦ Parking Adjustments - Reduction in Minimum Parking for Transit Improvements/Existing 9P,"-Site/Plot Plan (2 copies) Dev. ♦ Setback Adjustments - Setbacks to Reduce Tree Removal Site/Plot Plan (reduced 81/2'x 11") ♦ Wireless Communication Facility Adjustments - Distance From Another Tower ♦ Washington Square Reg. Center Density Adjustments Applicant's Statement (Addressing Criteria Under Section 18.370.020) Please state the reason for the Adjustment request: 49 V ~ 610 r4-ko -f' o rD- e-S ye 0 Filing Fee . U 0 k W Q- 0 \Q~ I Jurisdiction: ❑ City ❑ Urb ~DV \ 4 OYl 0` Ck ~Gtn P OL 0 4\Q r 0.h _ ~o 10U O\-e-c- (C- 1+ COmeS W \A-kr1 /2- - 13 Q~t CST Q, rp Qr4 ~Q. 0.A- So+^,\e- ~atn{S oz, , 1u - I ~ F-I- F,-0 m ~ - Q r 0 P Q r y V r~ 2. 0~k (0A Q, - O lv-S . ) ! ' ' ~-o t z i APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this 3 day of A P.r` t 20 Applicant/Aut rized Agent Signature Owner's Signa e Owner's Signature Owner's Signature CITY OF TIGARD 4/14/2005 13125 SW Hall Blvd. 12:13:OOPM Tigard, Oregon 97223 (503) i39-4171 Receipt 27200500000000001656 , Date: 04/14/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00030 [LANDUS] Development Adjust 100-0000-438000 217.00 VAR2005-00030 [LRPF] LR Planning Surcharge 100-0000-438050 32.00 Line Item Total: $249.00 Payments: Method Payer User ED Acct./Check No. Approval No. How Received Amount Paid i Check THEODORE J THOREN KJP 1273 In Person 249.00 Payment Total: $249.00 19-7076/3250 1273 THEODORE J. THOREN 429I097 12957 SW 116TH PL. 503-579-0768 DATE 0 TIGARD, OR .97223-2968 PAY TO THE i l Q Y' $ 2-1A9 .0 0 ORDER OF O ~ rf Q ~~LLARS IJ o'°°wam> • Ji.w InUv~ ~r . 1 -0 - fl ~1nQ C U S T O M E R Washington Mutual P L A T I NUM Washington Mutual Bank Raleigh Hills FlnancW center 1~~788.7000 Portland OR 97225nue 24 rw C SenMe 2vtEM0 cReceipt.rpt Page 1 of 1 Until a change is requested all tax statements shall be sent to the following address. WHEN RECORDED MAIL TO: CAP= G1CPMMCE MCIRTUAGE CO. P O BOX 276477 SACRAMENTO,CA 95827-6477 Loan No: 2 04 2 8 6 pace Above is Line or Recording Data] Tax Account Number: R2099180 DEED OF TRUST MIN1 0 0 03 2 7 - 0 0 0 02 0 4 2 8 4 THIS TRUST DEED IS SECOND AND SUBORDINATE TO THAT DEED OF TRUST IN FAVOR OF1 WASHINGTON MUTUAL BANK IN THE AMOUNT OF $217,550.00 RECORDING CONCURRENTLY HEREWITH. THIS DEED OF TRUST ("Security Instrument") is made on APRIL 12, 2002 , among the Grantor, THEODORE J. THOREN and KIMBERLY J. THOREN, AS TENANTS BY THE ENTIRETY (herein "Borrower"), Oregon Title Insurance Company (herein "Trustee"), and the Beneficiary, Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns). MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. CAPITOL COMMERCE MORTGAGE CO., A CALIFORNIA CORPORATION ("Lender") is organized and existing under the laws of the state of OREGON , and has an address of 3600 AMERICAN RIVER DRIVE SUITE 150, SACRAMENTO, CA 95864 BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of' WASHINGTON , State of Oregon: LOT 9, FI[MMIS RDCMW, IN 770 C77Y CF TIGIM, t~JCiVXMY OF TASfMI`, W AMID S7= OF CREGM. which has the address of: 12957 SOEFTRWFBT 116TH PLACE, [Street), TIGARD [City], Oregon 97223 [ZIP Code] (herein "Property Address"); WWA06-4COND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT law ho: 04a26 mi Arm 3838 Amended DRAW. MERS.OR.2ND.DT.I.WPF (SECONDS\DEEDS\ORMERSDT.2ND) Page I of 6 TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Security Instrument; and all of the foregoing, together with said property (or the leasehold estate if this Security Instrument is on a leasehold) are hereinafter referred to as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or (custom, MERS as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated the same date as this Security Instrument, and extensions and renewals thereof (herein "Note"), in the principal sum of U.S. $ 27,150. 00, with interest thereon, providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on MAY 1, 2 017 ; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Security Instrument; and the performance of the covenants and agreements of Borrower herein contained. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Security Instrument, and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional Lender. If Borrower pays Funds to Lender, 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 said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Security Instrument that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such 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 installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. 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 17 hereof the Property is sold or the Property is otherwise 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 Deed of Trust. 12521 54606 IDW IV: 204286 OREGON - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT with Form 3838 Amended DRAW.MERS.OR.2ND.DT.2.WPF (SECONDS\DEEDS\ORMERSDT.2ND) Page 2 of 6 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any. 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 such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. 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. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Security Instrument. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Security Instrument is on a leasehold. If this Security Instrument is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. 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 such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. 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, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor 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 and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 12521 54606 IRAN IYO: 204286 ' Form 3838 Amended DRAW.MERS.OR.2ND.DT.3.WPF (SECONDS\DEEDS\ORMERSDT.2ND) Page 3 of 6 11. Successors and Assigns Bound; Joint and Several Liability: Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower 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 grant and convey that Borrower's interest in the Property to Trustee under the terms of this Security Instrument, (b) is not personally liable on the Note or under this Security Instrument, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Security Instrument or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Security Instrument as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Security Instrument shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Security Instrument. 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, and to this end the provisions of this Security Instrument and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Security Instrument at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. 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 or 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. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Security Instrument, including the covenants to pay when due any sums secured by this Security Instrument, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach 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 nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Security Instrument to be immediately due and payable 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 reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees. 12521 54607 LOW ND: 204286 OREGON - SM B - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT with Form 3838 en e DRAW.MERS.OR.2ND.DT.4.WPF (SECONDS\DEEDS\ORMERSDT.2ND) Page 4 of 6 If lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold and shall record such notice in each county in which the Property or some part thereof is located. Lender or Trustee shall give notice of sale in the manner prescribed by applicable law to Borrower and to the other person prescribed by applicable law. After the lapse of such time as may be 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 such order as Trustee may determine. 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 Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold 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 reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Security Instrument; and (c) the excess, if any, to the person or persons legally entitled thereto. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Security Instrument due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Security Instrument discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Security Instrument or (ii) entry of a judgment enforcing this Security Instrument if: (a) Borrower pays Lender all sums which would be then due under this Security Instrument and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Security Instrument; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Security Instrument, and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unimpaired. Upon such payment and cure by Borrower, this Security Instrument and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof 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. All 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. Lender and the receiver shall be liable to account only for those rents actually received. 20. 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 indebtedness secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 21. Substitute Trustee. In accordance with applicable law, 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, powers and duties conferred upon the Trustee herein and by applicable law. 22. Use of Property. The Property is not currently used for agricultural, timber or grazing purposes. 23. Attorney's Fees. As used in this Security Instrument and in the Note, "attorneys' fees" shall include attorneys' fees, if any, which shall be awarded by an appellate court. 24. 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 [ ] Second Home Rider [ ] 1-4 Family Rider [ ] Planned Unit Development Rider [ ) Other [specify] 12521 54607 law 1V: 204286 with Form 3838 mAmenTe-JTM DRAW.MERS.OR.2ND.DT.5.WPF (SECONDS\DEEDS\ORMERSDT.2ND) Page 5 of 6 • • REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Security Instrument to give Notice to Lender, at Lender's address set forth on page one of this Security Instrument, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS THEREOF, Borrower has executed this Security Instrument. (Seal) (Seal) t7 ~J~A THEODORE J. O EN -Borrower KIMBERLY J. HOREN -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] STATE OF OREGO c~ , / _ County SS: On this kday of LC/U , personally app ed the abov named Da C 1 ~ l - and acknowledged the foregoing instrument to beV voluntary act and deed. My Commission Expires: Before me: _ (Official Seal) ~~:E OFFICIAL SEAL Notary Public for 0 gon SUZIE TRYON ` NOTARY PUBLIC -OREGON COMMISSION NO. 310739 MY COMMISSION EXPIRES JUN. 21 2002 12521 54607 mw ND: 2 0 4 2 8 6 OREGON - SECON5 MORTGAGE - 1/80 FNMA/FHLMC UNIFORM INS'I'MUMENT with Form 3838 men e DRAW.MERS.OR.2ND.DT.6.WPF (SECONDS\DEEDS\ORMERSDT.2ND) Page 6 of 6 C\ 16'" nl A ~~^.~v'~\ CC,~QC C2. --Glr (j.~(~~j ~;cpZr~u 1Zq5 SvV 2. J J J Grd~ UrZ C-7 -L3 a • t ~QPY\~rl~~ rp, yG{1 +t-,aa- - VNA!- 0: 1Qv A rvle.n. re%,je.S~e.(I S 4,k e. e- re-tv-,,,eta to olCC\'lizve, JA,.e c~LS~rQC~ e' f 1P-C- 10 a cv k Q-v e. L-~e.c k- salO\e. C~(, {tom,ct~ \-NC~s er)0u h r 0oY\ ~vr pCj o J urr, v r2) zvG . 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