HOP1990-00010 j;,,k�4 - A-
•
RESIDENTIAL rA n � III�� �i'I
HOME OCCUPATION CITY OF TIGA RD
NOTICE OF DECISION
OREGON
This is to notify all abutting property owners of
record, that the below named person(s)
have been approved for a Home Occupation Permit.
Business Name: R.W. Bogden & Associate File No.: HOP 90 -0010
Name of Applicant: Robert W. Booden •
Property Address: 9940 SW Johnson
Tax Map: 2S1 2BB Lot No.: 1400
Zone: R -4.5 RENEWAL DATE: 12/31/90
Nature of Business: Maintenance & business with electronics companies
Notice is hereby given that the Planning Director's Designee for the City of
Tigard has APPROVED this Home Occupation.
This Home Occupation is subject to the following conditions:
1. The Home Occupation use and storage of materials and products shall not
occupy more than 25 percent of the residence gross floor area.
2. The use shall be a secondary use to the primary use of the house as a
residence.
3. There shall be no paid employees working the home in conjunction
with the business who are not residents of the home.
4. There shall be no customers or clients coming to the residence in
conjunction with the business.
5. There shall be no signs or advertising visible from the exterior of the
premises.
6. There shall be no outdoor storage of materials, vehicles, or products on
the premises. Indoor storage of materials or products shall not exceed
the limitations imposed by the provisions of the Building, Fire, Health,
and Housing Codes.
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
•
7. There shall be no noise, obnoxious odors, vibrations, glare, fumes,
electrical interference, heat (detectable to normal sensory perception
outside the structure), traffic, and discharge of materials, gases, or
fluids into the sanitary sewer or storm drainage systems which are in
excess of what is normally associated with residential uses.
8. The Home Occupation Permit shall be renewed annually.
9. A business tax shall be paid annually for the business.
If any of the preceding conditions are not met, this Home Occupation Permit
will be immediately invalidated.
Notice was posted at City Hall and mailed to:
XX The applicant and owners.
XX Owners of record within the required distance
XX The affected Neighborhood Planning Organization
XX Affected governmental agencies
THE DECISION SHALL BE FINAL ON Mal Z� � 1 � 1 'i , UNLESS AN APPEAL IS FILED.
Any party to the decision may appeal this decision in accordance with Section
18.32.370 of the Community Development Code which provides that a written
appeal must be filed with the CITY RECORDER within 10 days after notice is
given and sent.
The deadline for filing of an appeal is 3:30 PM 2 f ('19,40
If you have any questions, please call the City of Tigard Planning Department,
Tigard City Hall, 13125 SW Hall Blvd., PO Box 23397, Tigard, Oregon 97223,
639 -4171.
- 70
PREPARED BY: Ron Pom ero ev elopment Assistance DATE
Planner
5////9
Keith S. Liden, Senior Planner DATE APPROVED
bkm /HOP90- 10.BKM
RESIDENTIAL
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Washington ) ss.
City of Tigard
I, en V' JA 1P I" VIiLI k,aX VI/ , being first duly sworn /affirm, on oath
depose and say: (Please print) �� /� ' J �f
That I am a IA_ ()tt \ C.Q 14 `4—- for
The City of Tigard, Oregon.
That I served NOTICE OF PUBLIC HEARING FOR:
`That I served NOTICE OF DECISION FOR:
✓City of Tigard Planning Director
Tigard Planning Commission
Tigard Hearings Officer
Tigard City Council
A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked
Exhibit "A ") was mailed to each named persons at the address shown on the
attached list marked exhibit "B" on the t {' day of M a..L 19 ,
said notice NOTICE OF DECISION as hereto attached, was posted on an appropriate
bulletin board on the ( day of , 19 C ID ; and deposited
in the United States Mail on the 10 ay of Val 191D ,
postage prepaid.
KA Qk9,a(r.--1 •
Prepared Notice /Posted (For Decision Only)
Sub Aibedafid /affirm to me on the N day of ,
19,Lwi
NOT- PUBLIC OF OREGON
My • •mmission Expires: — S 93
P son who delivered to POST OFFICE L T /
Subscribed and sworn /affirm to me on the I day of $t ,
19 �.
``rsk, ?, 't0otli1 / '7*
C�'0 o °eoocoo ✓ �i / /J
hnr• E t ''J
%
' e• _ ° NOTARY PUBLIC OF OREGON
�o 1 :r�^^ a ° My Commission Expires:
i 97
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bkfiXqFSDA -: E.M :.
L- 13
• > • )
2S102BB -01300 2S102BB -01500
SHEARER, EMMETT J /ELISE C RATLEFF, HELEN E
9980 SW JOHNSON NOW CHAMBERS
TIGARD OR 97223 9910 SW JOHNSON ST
TIGARD OR 97223
2S1028B -01700 2S102BA -01900
HARRIS OIL COMPANY WAGNER, EDWARD AND MARIE G
% SUNSET FUEL COMPANY 9885 SW JOHNSON ST
2944 SE POWELL BLVD TIGARD OR 97223
PORTLAND OR 97202
2S102BA -02100 2S102BA -02101
BORSCH, LUCILLE HUGHES AND MOZINSKI, STEVEN P
JOSEPH ANTHONY HUD AREA OFFICE
9935 SW JOHNSON ST 9500 SW BARBUR BLVD, SUITE 300
TIGARD OR 97223 PORTLAND OR 97219
2S1028A -02102 2S102BA -02103
ENGH, KENNETH A /SHELLEY L WICKS, RONALD G AGNES E
9955 SW JOHNSON STREET 9965 SW JOHNSON
TIGARD OR 97223 TIGARD OR 97223
ROBERT W. BOGDEN
9940 SW JOHNSON
TIGARD, OR 97223
JOHN CAPACI
11560 SW 90TH AVE
TIGARD, OR 97223
2S102B8 -01300 • ... 2S102B8 -0150
SHEARER, EMMETT J /ELISE C RATLEFF, HELEN E
9980 SW JOHNSON NOW CHAMBERS
TIGARD OR 97223 9910 SW JOHNSON ST
TIGARD OR 97223
2S102BB -01700 2S1028A -01900
HARRIS OIL COMPANY WAGNER, EDWARD AND MARIE G
% SUNSET FUEL COMPANY 9885 SW JOHNSON ST
2944 SE POWELL BLVD TIGARD OR 97223
PORTLAND OR 97202
2S1028A -02100 2S1028A -02101
BORSCH, LUCILLE HUGHES AND MOZINSKI, STEVEN P
JOSEPH ANTHONY HUD AREA OFFICE
9935 SW JOHNSON ST 9500 SW BARBUR BLVD, SUITE 300
TIGARD OR 97223 PORTLAND OR 97219
2S102BA -02102 2S102BA -02103
ENGH, KENNETH A /SHELLEY L WICKS, RONALD G AGNES E
9955 SW JOHNSON STREET 9965 SW JOHNSON
TIGARD OR 97223 TIGARD OR 97223
•
CITY OF TIGARD, OREGON
HOME OCCUPATION APPLICATION .
CITY OF TIGARD, 13125 SW Hall, PO Box 23397
Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY
:CASE NO.7P Q � ' - ccv'
OTHER CASE NO'S: /V
RECEIPT NO. go- 200 (-x0
APPLICATION ACCEPTED BY:
DATE: . A 3 /96
1. GENERAL INFORMATION Appli tion elements submitted:
PROPERTY ADDRESS /LOCATION 9 C(y O Sl.(� Tolley SO A)
9)-- form (1)
) C� f l� n ° R F C„ OrQ 1/ Owner's signature /written
TAX MAP AND TAX LOT N0. 7 -AX ) V\A -P 7,S 1 A R authorization
x 1 OT ) yd o (C Title transfer instrument (1)
SITE SIZE OO S( I , . Al ��'AC (D) =s-mt :« vs
(1)
PROPERTY OWNER /DEED HOLDER* 1 . plan (1 copy)
ADDRESS ggy0 S.W. jp h,v3O w PHONE 63gr - 10 ( F) Applicant's statement
CITY )1
l (, p Q i� ZIP Cj ) ), ), 3 1 copy)
APPLICANT* _atji (G) bits-t -e ng- property owners
ADDRESS PHONE a eir s
CITY ►R
ZIP (H) Filin g fee ($80)
- I
BUSINESS NAME Lt}, .3hl,. E m ,� ra nn 55 Or e
*When the owner and the applicant are different people, 6 "
the applicant must be the purchaser of record
or a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE:
from the owner or an agent of the owner with written 1 1 - 1
l O
authorization. The owner(s) must sign this
application in the space provided on page two or FINAL DECISION DEADLINE:
submit a written authorization with this application.
COMP. PLAN /ZONE ESIGNA ON/••
2. PROPOSAL SUMMARY i ' K ' L o ' ".5.
The owners of record of the subject property
request approval of a home occupation to. N.P.O. Nu er:
allow (be specific) In eoJc{ct hG
L✓;'* ekcheoioG Cbrv‘ Pc p si, es o , Planning Director Approval Date:
q; kitewc( N) ekec+7? K., r
// Final Approval Date:
3. Specify whether you are using a detached Planning
building on your property and ive dimensions:
,Jot ()5('vq n�e�Gc� 13,:, Engineering
0738P/23P •J
Rev'd: 3/88 Business Tax:
410 4111
3. List any variance or other land use actions to be considered as part of this
application: ijbrve
4. Applicants: To have a complete application you will need to submit attachments
described below:
A. One application form with signature or written authorization
B. One copy of the title transfer instrument (eg. deed)
C. One assessor's map of the property
D. One copy each of the attached question sheet and floor plan
E. One list of property owners within 250 feet of the property
F. Filing fee of $80
5. THE APPLICANT(S) SHALL CERTIFY THAT:
A. The above request does not violate any deed restrictions that may be
attached to or imposed upon the subject property.
B. 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.
C. 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.
D. 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.
DATED this 1 day of 6/4716a 19
SIGNATURES of each owner (eg. husband and wife) of the subject property.
I•
Revised 3/15/88
(KSL:pm /0738P)
f \� .
TO APPLY FOR A HOME OCCUPATION PERMIT, PLEASE ANSWER THE FOLLOWING QUESTIONS
AND SUBMIT TWO COPIES:
1. Will you have any paid employees who don't reside at the home?
N
2. Will you have customers /clients coming to your residence? If so how many
per day?
Nose
3. Will you have deliveries or pickups made of products or supplies to your
residence? If so, how many and what type?
)\)brue
4. What will your hours and days of operation be?
F le�i a� �e w3q. k1 1 1'1v- c, i IY b e'�ueew S' We R 5 pv►'I
5 cc4yc A weg-k . J
5. Will the business generate any noise which can be heard outside of the
structure?
No
6. How many square feet is your residence and how many square feet will be
devoted to the operation of your business, including storage areas?
vetroX ) O(�C) 55S1h,
c,eefox )va s ? . ct
7. What vehicles will be associated with the business that are garaged at the
residence?
once "Nick CkEo -e, Lu v
8. Do you intend to store any materials, vehicles or products outdoors at the
premises in conjunction with the business?
No
9. Will you have any signs or advertising visible from the exterior of the
premises?
No
10. Please show the floor layout of your house and the area to be used for
your home occupation on the attached graph paper. Please designate those
areas which shall be utilized 1) entirely for the home occupation and 2)
partially for the home occupation. Please designate the approximate
dimensions of the room(s) to be used for the home occupation.
(dmj /0738P)
summobrinm rambows
IAN 1111 , 1111111110
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a ' THIS.DEED OF,TRUST ("Security.Instrument”) is made on , • . . • • :
19 The•grantor is • . N BAR ri A R OGDEN '• • „ • •
. •
' • ' • • ("Borrower").•The trustee' is Lauer ("Trustee"). The beneficiary
is:Far:West Federal Bank, s.B., which is organized and existing under the laws of the United States of America, and
'whose address is' 421 S.W. Sixth Avenue, Portland, Oregon 97204 ("Lender"). Borrower owes Lender the principal
sum of .. . . :I: X . .:.T.H.0.1.1 S. A i'•!1.):. f LI1I LILJNT'I -IA :e•! : 0 2 1)')
• • . . „.• • • '
' • Dollars (U.S. $ , 4 cA ". ). This debt is evidenced by'Bor-
roWer's note dated the same ate as this Security Instrument ,("Note"), which provides for monthly payments, with
the full debt, if not paid earlier, . due and payable on , Y A , 0. 1.6 This Security
Instrument secures to Lender: (a) the repayment of the, debi•evidenced by. the Note,. with interest, and all renewals,
,extensions and modifications; (b) the payment of all othersums, with interest, advanced under paragraph 7 to protect
the security of this Security Instrument; and (c) the performance of 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 '1,4P1.,71711:3 'X • County, Oregon:
'•
T1 : . NORT 1..1 WESTERI Y '0 0' FEET OF lCiT 1 E: N D E: D Cr* 11,: T 0
• T C.; R D V :I: 1 ;P0I1r • IN THE C; 0 UNT( ()F :WASHI NI; Ti)ii T tI 11 •
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fjliX ,•• I t 1irt p .1 . .11)■1. 1: +.1
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9 9 4 0 \ t 0 1.1 0 N . TRI ET T :I: R D
'which has the address of „
[Street] ' [cit
• • • . ..1 • . • . • • .
Oregon 1 ( 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 a part of the property, All replacements and additions shall also be covered by this Security Instrument. All of the
foregoing is referred to in this Security Instrument as the "Property."
,
• BORROWER COVENANTS that*Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument.covering real property. •
. ,
. ,
, .
• • •
OREGON—Single Family UNIFORM INSTRUMENT Form 3038 12/83
L-218 (Rev. 8/84)
• •
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 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. 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 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the
Note; third, 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 Toss 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 sh'aII be acceptable' to Lender and shalt include standard mortgage clause.
Lender shall have the right to hold the policies and renewals: If Lender require§, Borrower shall promptly give to Lender'
all receipts of paid premiums and renewal notices. In the event of loss, Borrowershall give prompt notice to the insurance
carrier and Lender. Lender may make proof of loss if not 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; proceeds to principal sliall iiof'extend or
postpone the due date of the monthly payments referred to in paragraphs 1 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. t_ 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
requesting 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) 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 require 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
p aragraph,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 L'ender., 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 suns
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 riot 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.
• •
NON - UNIFORM COVENANTS. 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 non- existence of a default or any other
defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender
at its option may require immediate payment in full of all sums secured by this Security instrument without further
demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided in this 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 Trustee to execute a written notice of the
occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such notice to be
recorded in each county in which any part of the Property is located. Lender or Trustee shall give notice of sale in the
manner prescribed by applicable law to Borrower and to other persons prescribed by applicable law. After the time
required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest
bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order
Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and
place of any previously scheduled•sale. Lender or its designee may purchase the Property at any sale. '
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or 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: , „ . • • 1 1, 1 , ,,• r ; , , � { ,, ,
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 he entitled to enter upon, take possessioniof'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 he 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 ev'i'dencing debt secured by this Security
Instrument'.to Trustee. Trustee shall reconvey the Property without warranty and without charge td the person or persons"
legally entitled to it.'Such person or persons shall pay any tecordation'costs.' :r lr • ' 1 '.. •
22. Substitute Trustee. Lender 'may from time to time reniove'Trustee and appoint a'successor trustee io 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 curre used for agricultural, Eimber or grazing purposes.
24. Attorneys' Fees. As used in this Security instrument and, in the'Note,,;'attorneys' fees" s include any
• attorneys' fees awarded by an appellate court. , , •
25. Riders to this Security Instrument. If one or more riders are executed by Bor,rowe•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)]
, d Adjustable Rate Rider • (] Condominium's Rider : ' 1' ' • ,': f 0 2--4 Family Rider
, E Graduated Payment Rider E. Pl ,Unit;;Developm.ent'`Rtder , -' •
' • El Other(s) [specify] i :1; / . , —I , . ,,:. t• .. •r . . •
•
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. . r . •
r. n r. e n n .. w . .. .. w n , .. .. .i a n w a a n n r. w 7�r 1 r, ' ; 1 •;•• , (2 1'r •' i, 7
` f , ;; " , ,'1tC).C:II:f21 ' ,` l • ' t f1( . DEN ; .. (Seal):
,.r f:..fJ 'i .t,' ,;'1 )r urBorrower;
,llr, lt` 'f`} it'll 't , , ] )I
., .. ,. .. 1 ,. .. .. .. n . � .. 1 . 1 .'t . r 1� , !fi r • f `t v rr , a.i ' .:, •rr iJi :ir.' <r :' ii e!i ' JI, .•f 't:,
1, • 1 (Seal)
!AI°iBARA ...) 1,'t.l;)t,I)I;; — Borrower
' :. :, + 1n : ' , r , l , .. l.t heel' .rI 'I 1. 'yl.r' „'•e ft, lit..
' I i 1 ,1'; :i:;. 4:j, i'f j..ri' .., }: iJ: },, iii r.. t'1l.lr 1 ': r;r pl •I ;,•r,. ..� -
�- f' r y ( •, r .'i. I , Y!`t'r. rlj +. ,L'r 'It: T .... i.'
• ,.: . . ,:: " 1 " elf .rtiir 3 + ta',,.Lta , rI— ref tr,Lrr r•Jnl , :r,
STATE OF OREGON, County ss:
s: ,; .. :' a a
O i 1.. 'i, • 'J'c[ (° r j' ' 0••ir �' 'of ;,,;; • ' ,' 19. ,person y ppeared
R the above named
b.f.; day
r'� z:` rlr;r' {r - .ir:. t i ; .
acid' acknowledged the foregoing instrument to be 'voluntary " ace arid deed, ;; •
(Official Seal) r Before me:
' ' . 'I. f 7 H. c p• :fir ✓C r; • •• {
My Commission expires: t . 11, (. r. a , :t ''t.:!`,r. ;; ..rl'1+ n, . „r ",, tl 'rn
'1 ' • .1 , . 1 ^rt ..l' .. 11 , . . , .,1'•t•,t' . .,t,. ' . , 1 .,'f , •
• i ; - „. Notary Public for Oregon . '., , . ;1; 1,
l T I: `,: h�I:::i�i:iF: I:i "'i'l.lr:i,! :1 t)
f. :1 4'1I ::: • 1' • I:`1 f)f:: :Final..• BANK BANK ; ' • .
I' . • 1 f °- .., '^ ii:!!. IJ ' C . ;• • ` ; ? 1 'r• 1' • • t. • •.. Ciflhril!r!“ ,• r,r •
421 .! 1,4 T .1. X. i�l �%' 1::.' f� f l 9 r �r , . , : i' . , 11 r. : i. ' c _ 1 4
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