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DDR2013-00001 NOTICE OF TYPE I DECISION DOWNTOWN DESIGN REVIEW (DDR) 2013 -00001 COMPLIANCE LETTER SYMPOSIUM COFFEE T I G A R D 120 DAYS = 7/23/2013 SECTION I. APPLICATION SUMMARY FILE NAME: SYMPOSIUM COFFEE CASE NO.: Downtown Design Review (DDR) Compliance Letter DDR2013 -00001 PROPOSAL: Symposium Coffee cafe is locating within the Tigard Chamber of Commerce building and proposes the following changes to the existing building: widening the front door from a single to a double glass -paned door, addition of two overhead garage doors, replacement of flanking window glass from tinted to clear panes, graveled landscaped area, new trim paint, and an advertising sign. APPLICANT: Voxia Community LLC OWNER: Tigard Area Chamber of Commerce c/o Kevin Bates c/o Debbie Mollahan, CEO 22461 SW Pine Street 12345 SW Main Street Sherwood, OR 97140 Tigard, OR 97223 LOCATION: 12345 SW Main Street, WCTM 2S102AB, Tax Lot 05800. ZONING DESIGNATION: MU -CBD: Mixed Use — Central Business District. The MU -CBD zoning district is designed to provide a pedestrian friendly urban village in Downtown Tigard. A wide variety of commercial, civic, employment, mixed -use, multi- family and attached single family residences are permitted. New development and re- development is required to conform to the standards of Chapter 18.610. SUB -AREA: Main Street - Center Street. This sub -area is centered on the City's historic downtown Main Street. It is intended to be pedestrian oriented with smaller scale development that would function like a "traditional Main Street." A pedestrian environment would be improved with a continuous building wall broken only intermittently. New buildings in the sub -area must include ground floors with commercial storefront features. Residential and commercial uses are permitted on upper floors. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.520, 18.610, 18,780. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for Downtown Design Review. The findings and conclusions on which the decision is based are noted in Section IV. DDR2013-00001 /SYMPOSIUM COFFEE DOWNTOWN DESIGN REVIEW PAGE 1 OF 4 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. SITE AND PROPOSAL INFORMATION Site Information & History The existing Tigard Chamber of Commerce building is located on the northeast corner of SW Tigard and Main Streets. The site and surrounding properties were rezoned to MU -CBD (Mixed Use — Central Business District) in 2010 to create the Tigard Downtown District. Sub -areas were established within the downtown, and this site is located within the Main Street- Center Street Corridor sub -area. Surrounding parcels are developed with a mix of retail uses, offices and restaurants. Proposal Information Symposium Coffee cafe is locating within the Tigard Chamber of Commerce building and proposes the following changes to the existing building: widening the front door from a single to a double glass - paned door, addition of two overhead garage doors, replacement of flanking window glass from tinted to clear panes, graveled landscaped area, new trim paint, and an advertising sign. Because the proposal meets the threshold of a Track 1 Design Review Compliance Letter (Tigard Development Code Section 18.610.010.E.1.a(1&2)), the application is being processed as a Type I procedure. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS A. Commercial Zoning Districts (18.520) B. Tigard Downtown D istrict Development and Design Standards (18.610) Signs (18.780) A. COMMERCIAL ZONING DISTRICT Section 18.520.020 Lists the description of the Commercial Zoning Districts. The site is located in the MU -CBD zoning district: Mixed Use — Central Business District. Uses: Section 18.520.030 (Table18.520.1 — Use Table Commercial Zones) The existing use is office, which is permitted in the zone. A new use, eating and drinking establishment, is proposed and permitted in the zone. B. TIGARD DOWNTOWN DISTRICT DEVELOPMENT AND DESIGN STANDARDS Purpose and Procedures 18.610.010.E.1 addresses when Track 1 design review procedures are required within the Tigard Downtown. Track 1. Design Compliance Letter provides for a Type I review process, using the clear and objective Design Standards. It is intended for smaller building and site renovation projects, which meet the threshold of Section 18.610.010.E.1. The applicant is proposing: (1) additions to locations of windows (garage door windows and clear panes replacing tinted panes in existing windows) that does not decrease the minimum required window coverage, and (2) a change in the location of entry doors and loading doors (with a double door entry replacing a single door and addition of two overhead garage doors). A Track 1 Downtown Design Review is being requested subject to meeting the following clear and objective design standards. 18.610.030 Building and Site Design Standards A. Create vibrant ground floors, streetscapes and rights -of -way; provide weather protection; and promote safety and security. DDR2013 -00001 /SYMPOSIUM COFFEE DOWNTOWN DESIGN REVIEW PAGE 2 OF 4 Intent. Design standards in this section are intended to foster vibrant, inviting streetscapes and sidewalk- facing ground floors and entryways. They are also intended to create buildings that are easily accessible to and provide protection from the elements for pedestrians. They also will help ensure that the ground floor promotes a sense of interaction between activities in the building and activities in the public realm. Building and site design should also address crime prevention through defensible spaces lighting, and features that allow observation and "eyes on the street." 1. Street Facade. a. Street - facing facades shall be built in proximity to the street. This standard is met when at least 50% of the ground floor front building elevation(s) is located no further from the front property line than the maximum front setback standard established in Table 18.610.1; and, where maximum street - facing side setbacks are required within the Main Street sub -area, at least 50% of the ground floor street - facing side building elevation(s) is located no further from the street - facing side property line than the maximum street - facing side setback standard established in Table 18.610. The applicant is proposing window and door improvements in the existing Chamber of Commerce building. The existing building is consistent with the required 0 to 10 foot front and street side setbacks. The street facade criteria are met. 2. Primary Entry. a. For commercial/mixed use buildings: (1) At least one entry door is required for each business with a ground floor frontage. (2) Each entrance shall be covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. (3) All primary ground -floor common entries shall be oriented to the street or a public space directly facing the street, not to the interior or to a parking lot. The applicant is proposing to enlarge the existing front door which faces SW Main Street. The door is currently covered with a fixed awning spanning the width of the building front. The primary entry criteria are met. 3. Windows. a. Ground floor windows for nonresidential and mixed use buildings: (1) 60% minimum ground floor window coverage for street - facing wall (minimum window coverage includes any glazed portions of doors). (2) Ground Floor Window Transparency. All buildings with nonresidential ground floor windows must have a Visible Transmittance (VT) of 0.6 or higher, with the exception of medical and dental offices, which may have tinted windows. The applicant is proposing to more than double the glazing on the SW Main Street facades with addition of a second (paired) front door and two overhead glazed garage doors. In addition the tinted window glass is being replaced by clear pane glass. The window criteria are met. 4. Weather Protection. For nonresidential and mixed use buildings: a. A projecting facade element (awning, canopy, arcade, or marquee) is required on the street facing facade of the street with the highest functional classification. b. Awnings /marquees /canopies may project a minimum of three feet and a maximum of six feet from the facade (a maximum of four feet into the public right -of -way). c. The element shall have a minimum 10 -foot clearance from the bottom of the element to the sidewalk. d. Awnings must match the width of storefronts or window openings. e. Internally lit awnings are not permitted. f. Awnings must be made of glass, metal, or exterior grade fabric (or a combination of these materials). The applicant is proposing to use the existing fixed wood and asphalt shingle awning which appears consistent with the weather protection criteria as shown in the applicant's materials. The weather protection criteria are met. DDR2013- 00001 /SYMPOSIUM COFFEE DOWNTOWN DESIGN REVIEW PAGE 3 OF 4 18.610.055.A Signs The applicant's plans show a free standing sign in the front yard adjacent to the entry way doors. However, as described by the Tigard Downtown Redevelopment Officer, Sean Farrelly, the design of the proposed sign is still under development and may take the form of a wall sign above the existing awning in combination with a blade sign hanging under the awning. A separate sign permit will be required for any proposed signs. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners Affected government agencies Final Decision: A Downtown Design Review Compliance Letter is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MARCH 26, 2013 AND BECOMES EFFECTIVE ON SEPTEMBER 27, 2013. 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. Q- �� ' _ March 26, 2013 APPROVED ; : ry Pagenstecher DATE ssociate Planner DDR2013- 00001 /SYMPOSIUM COFFEE DOWNTOWN DESIGN REVIEW PAGE 4 OF 4 RECEIVED City of Tigard MAR 2 5 2013 III II • CITY OF TIGARD Downtown Design Review PLANNING /ENGINEERING TIGARD Compliance Letter - Type I Application GENERAL INFORMATION Property Address /Location(s): 12345 SW Main Street Tigard, OR 97223 0 FOR STAFF USE ONLY Tax Map & Tax Lot #(s): 2S1g2AB -05800 1996 -026 Partition Plat, Lot 1 Case No.(s): I5O / 2e, /3 - °coo site Size: .10 acres Other Case No.(s): Applicant*: Voxia Community LLC Address: 22461 SW Pine Street Receipt No.: / 90731 City /State: Sherwood, OR Zip 97140 Date: 3 -2 5 Primary Contact: Kevin Bates Application Accepted By: G C3 P Phone: 503- 915 -0261 F ax: Date Determined Complete: 3 — 2 5 - /3 E Mail: kevin @resonatecc.com Revised 7/1/2012 Property Owner /Deed Holder(s) *: (Attach list if more than one) Area Chamber of Commerce p e t y lE I�} (bf �}A CC.) REQUIRED SUBMITTAL ELEMENTS Address: 12345 SW Main Street Phone: 503-639.1656 (Applications will not be accepted without the Tigard, OR 97223 following required submittal elements) T i City /State: g Zip Application Form Track 1: Design Review Compliance Letter ® Owner's Signature/Written Authorization A Design Compliance Letter provides for a Type I review process, Ei Title Transfer Instrument or Deed using the clear and objective Design Standards. It is intended for / Site Plan (4 Large Plans & 1 Reduced to 8'/2" x 11 ") smaller buildings and site renovation projects, which meet the '® Applicant's Statement /Narrative (4 copies) threshold of 18.610.010.E.1. Filing Fee $627.00 Applicant's Statement /Narrative: The applicant's statement must include a summary of the proposed changes. Applicable criteria and design standards in 18.610 must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code. To complete this review, the Applicant's proposal must include a discussion indicating how other requirements of this title are still satisfied. These requirements include but are not limited to: access, landscaping and screening, waste and recyclable storage, parking, sensitive lands, signs, tree removal, vision clearance, and streets and utilities. Please see section 18.610.035 of the Tigard Development Code for a complete list. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov I Page 1 of 2 * When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. Responsibility Statement: As the applicant submitting this application for a land use review, I certify that all of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and I acknowledge that any permit issued, based on this application may be revoked if it is found that any such statements are false. I am also responsible for gaining the permission of the owner(s) of the property listed above in order to apply for this review and for reviewing the responsibility statement with them. 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. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. 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. The City of Tigard is not liable if any of these actions are taken without the consent of the owner(s) of the property. In order to process this review, City staff may visit the site, photograph the property, or otherwise document the site as part of the review. By my signature, I indicate my understanding and agreement to the Responsibility Statement. SIGNATURES of each owner of the subject property. DATED this 22nd day of March 20 13 IVA P Applicant /Authorized Agent ignature • • ' er's ign. re lz Evr w (3 -�7ES oCG 5G C C ,y')o (2 Owner's Signature Owner's Signature • City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 718 -2421 I www.tigard -or.gov I Page 2 of 2 IIII CITY OF TIGARD RECEIPT s V C . . 131 25 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 190731 - 03/25/2013 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID DDR2013 -00001 DDR Compliance Letter - LRP 100 - 0000 -43117 $81.00 DDR2013 -00001 DDR Compliance Letter (Type I) 100- 0000 -43116 $546.00 Total: $627.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 315242 TLEHRBACH 03/25/2013 $627.00 Payor: Kevin Bates Total Payments: $627.00 Balance Due: $0.00 Page 1 of 1 Washington County, Oregon 2013- 009795 01/31/2013 01:23:35 PM D-MS Cnt =1 Stns9 D MOON $5.00 $5.00 $11.00$15.00. Total =$36.00 IIIIIIIIIII IIiii iaiiii ii 1011IIIIIIIII 01797204201300097950010015 I, Richard Hobernlcht Dlreetof of Atonement end Taxation and En- ORIcio Clerk ror Washington i • County, Dragon, do nerelry eaN g lty that the within Instrument of Writing was re rded In the received a d book of records of said eo ti d .'� r\,y ,• • Richard Hobernleht, Director of Assessment end WHEN RECORDED RETURN TO: Taxation, Ex-Officio County Clark WEST COAST TRUST do West Coast Bank • PO Box 8000 Wilsonville, OR 97070 THIS SPACE FOR RECORDER'S USE ONLY STATE OF OREGON Loan Number: 25000493 County of Washington FULL RECONVEYANCE West Coast Trust, whose address is P.O. Box 8000, Wilsonville, OR 97070, as Trustee under that certain Deed of Trust, securing Loan Number 25000493, executed and delivered by Tigard Area of Commerce, Inc:, an Oregon Non- Profit Corporation, whose address is 12345 SW Main Street, Tigard, OR 97223 as Grantor(s) and West Coast Bank, P.O. Box 8000, Wilsonville, OR 97070 as beneficiary, dated 9/15/1999 and recorded in the real property records of Washington County, Oregon on 9/22/1999 in Book/Reel NA Page NA or Auditor's File No 99109113, having received from the beneficiary under said Deed of Trust a written request to reconvey the real property described in said deed, the Trustee does hereby Reconvey, without warranty, to the persons entitled thereto all of the right, title and interest now held by said Trustee in and to the real property described in said Deed of Trust. Tax ID Number: Date: January 24, 2013 Beneficiary: West Coast Bank Trustee: West Cuast Trust // iL , / , k.)3 - J V Michelle Tompkins, Vice President of Renee Tindall, an authorized agent of West West Coast Bank Coast Trust STATE OF OREGON ,) COUNTY OF CLACKAMAS ) ss On 1242013, before me, the undersigned, a Notary Public, in and for the state of Oregon, duly commissioned and sworn, personally appeared Michelle Tompkins, Vice President for West Coast Bank, the corporation that executed the foregoing instmment and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he/she is authorized to execute the said instrument. f OFFICIAL SEAL Witness my hand and official seal hereto affixed the day and year first above written. - PETER L PANAGAKOS NOTARY PUBLIC • OREGON • \ • 0/ COMMISSION NO.471187 Notary Public for the State of on MY COMMISSION EXPIRES AUGUST 27, 2018 My Commission Expires: J.7 /f STATE OF OREGON ) COUNTY OF CLACKAMAS ) ss On 1242013, before me, the undersigned, a Notary Public, in and for the state of Oregon, duly commissioned and sworn, personally appeared Renee Tindall, an authorized agent for West Coast Trust, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he/she is authorized to execute the said instrument Witness my hand and official seal hereto affixed the day and year first above written. PETER OFFICIAL L B S FAI C 'T NOTARY PUBLIC - OREGON jr Notary Public for a State of ogon COMMISSION NO 471187 My Commission Expires: i ?J MY COMMISSION EXPIRES AUGUST 27, 2018 Washington County, Oregon 2013-009796 ! 01/31/2013 01:23:35 PM D - MALRA Cnt =1 Stno9 D MOON $5.00 $5.00 $11.00 $15,00 -Total =$36.00 1 1111111111 II 111111111 I III 01797205201300097960010012 I, Richard HobernIcht, Director of Adoaeament and Taxation and !x•fnele Cduntl Clark for Washington b•' %= inp County, Oregon, do hereby certify that the Within Instrument of writln9 Wes recelvad a d re WINO In the book of records of said eon. • Richard HobernIcht, Director of Assessment and Taxation, ha •Officio County Clerk WHEN RECORDED RETURN TO: WEST COAST TRUST do West Coast Bank PO Box 8000 Wilsonville, OR 97070 THIS SPACE FOR RECORDER'S USE ONLY STATE OF OREGON Loan Number: 25000493 County of Washington REASSIGNMENT OF RENTS • WHEREAS, on 4/12/2001, in which Tigard Area Chamber of Commerce, Inc., an Oregon Non - Profit Corporation, whose address is 12345 SW Main Street, Tigard, OR 97223, as Grantor(s), made a certain collateral Assignment to • West Coast Bank, P.O. Box 8000, Wilsonville, OR 97070, Beneficiary, to secure a certain debt to such Bank, said assignments being recorded in recorder's office of Washington County, Oregon records, and whereas said debt to West Coast Bank does hereby reassign to Tigard Area Chamber of Commerce, Inc., an Oregon Non - Profit Corporation, Grantor(s), all of its right, title, and interest in and to the certain Assignment of Rents described in that certain collateral Assignment recorded in Book/Reel NA Page NA or Auditor's File No 2001036237 on 4/24/2001 of the Washington County, Oregon Records, and said Assignment is terminated and held for naught. IN WITNESS WHEREOF West Coast Bank, has caused this instrument to be executed by its duly authorized corporate officer on this date. Date: January 24, 2013 Be ficiary: West Coast Bank it/if/A,y,(t Michelle Tompkins, Vice President of West Coast Bank STATE OF OREGON ) COUNTY OF CLACKAMAS ) ss On 1/24/2013, before me, the undersigned, a Notary Public, in and for the state of Oregon, duly commissioned and sworn, personally appeared Michelle Tompkins, Vice President for West Coast Bank, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he/she is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. OFFICIAL SEAL F P L PA KOS NOTARY PUELJC - OREGEG ON Notary Public for the State of COMMISSION `�' COMMISSION NO.471187 My Commission Expires: e. 7 /(; MY COMMISSION EXPIRES AUGUST 27, 2018 RECORDATION REQUESTED BY: Washington Federal 520 Pike Street Seattle, WA 98101 WHEN RECORDED MAIL TO: Washington Federal Commercial Loan Servicing 520 Plke Street, Floor 24 Seattle, WA 98101 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated December 14, 2012, among Tigard Area Chamber of Commerce, Inc.,an Oregon . non- profit corporation ( "Grantor "); Washington Federal , whose address is 520 Pike Street, Seattle, WA 98101 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Company of Oregon, whose address is 121 SW Morrison St, FL 3, Portland, OR 97204 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, represented In the Note dated December 14, 2012, in the original principal amount of 5175,069.66, from Grantor to Lender, Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock In utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In Washington County, State of Oregon: PARCEL 1, PARTITION PLAT NO. 1996 -026, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON. EXCEPTING THEREFROM THAT PORTION DEDICATED TO THE PUBLIC FOR ROAD PURPOSES ON THE PARTITION PLAT NO. 1996 -026. ALSO EXCEPTING THEREFROM THAT PORTION DEDICATED FOR STREET PURPOSES BY INSTRUMENT RECORDED JULY 26, 1999, AS FEE NO. 99087681. The Real Property or Its address is commonly known as 12345 SW Main Street, Tigard, OR 97223. The Real Property tax identification number is R2058301. CROSS•COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be govemed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. • Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. DEED OF TRUST Loan No: 409896-8 (Continued) Page 2 Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty -five percent (25 %) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Oregon law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), lines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall :upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Properly. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Properly in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of Insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's Interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be In addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall DEED OF TRUST Loan No: 409896 -8 (Continued) Page 3 survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental faxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a lax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses Incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information conceming the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security Interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -In -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantors expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method. by any creditor of Grantor or by any governmental agency against any property securing the DEED OF TRUST Loan No: 409896 -8 (Continued) Page 4 Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity, Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twenty -four (24) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. If this Deed of Trust is foreclosed by judicial foreclosure, Lender will be entitled to a judgment which will provide that if the foreclosure sale proceeds are insufficient to satisfy the judgment, execution may issue for the amount of the unpaid balance of the judgment. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shalt have the right, without notice to Grantor to lake possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any pert of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. - Reasonable notice shall mean notice given at least fifteen (15) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Properly. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising Its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Washington County, Stale of Oregon. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or Its successors in interest. The successor trustee, without conveyance of the DEED OF TRUST Loan No: 409896 -8 (Continued) Page 5 Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimite (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes. Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. PROPERTY LOCATED IN A FLOOD ZONE. Notwithstanding anything to the contrary in this Deed of Trust, Grantor does not grant to Lender a security interest in any mobile home, improvement, or other personal property located on the Real Property if the grant of a security interest in such property would, under applicable law, require Grantor to obtain flood hazard insurance. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property Is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Arbitration. Grantor and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class In nature, arising from this Deed of Trust or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement This Includes, without limitation, obtaining injunctive relief or a temporary restraining order; foreclosing by notice and sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal properly, Including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Property, including any claim to rescind, reform, or otherwise modify any agreement relating to the Property, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered In any court having jurisdiction. Nothing In this Deed of Trust shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, lathes, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights against the Property, this Deed of Trust will be governed by federal law applicable to Lender and to the extent not preempted by federal law, the laws of the State of Oregon. In all other respects, this Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Washington without regard to its conflicts of law provisions. However, if there ever is a question about whether any provision of this Deed of Trust is valid or enforceable, the provision that Is questioned will be governed by whichever state or federal law would find the provision to be valid and enforceable. The loan transaction that is evidenced by the Note and this Deod of Trust has been applied for, considered, approved and made, and all necessary loan documents have been accepted by Lender In the State of Washington. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the Jurisdiction of the courts of IIng County. State of Washington. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest. this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Properly becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon as to all Indebtedness secured by this Deed of Trust. Commercial Deed of Trust. Grantor agrees with Lender that this Deed of Trust is a commercial deed of trust and that Grantor will not change the use of the Property without Lender's prior written consent. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically staled to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall Include the singular, as the context may require. Words and terms not otherwise defined in This Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Washington Federal , and its successors and assigns. Borrower. The word "Borrower" means Tigard Area Chamber of Commerce, Inc. and includes all co- signers and co- makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section tilled "Default°. • DEED OF TRUST Loan No: 409896 -8 (Continued) Page 6 Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means Tigard Area Chamber of Commerce, Inc.. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of. modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross- Collateralizalion provision of this Deed of Trust. Lender. The word "Lender" means Washington Federal , its successors and assigns. Note. The word "Note" means the promissory note dated December 14, 2014. in the original principal amount of $175,069.66 from Grantor to Lender, together with all renewals of. extensions of. modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is January 15. 2023. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such properly; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Properly" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means First American Title Company of Oregon, whose address is 121 SW Morrison St, FL 3. Portland. OR 97204 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: TIGARD AREA CHAMBER OF COMMERCE, INC. By: By: Eric R. Johnisee, Treasurer of Tigard Area Chamber Katherine Mohr, Chairman of Tigard Area Chamber of Commerce, Inc. of Commerce, Inc. CORPORATE ACKNOWLEDGMENT STATE OF SS COUNTY OF On this day of , 20 before me, the undersigned Notary Public, personally appeared Eric R. Johnlsee, Treasurer of Tigard Area Chamber of Commerce, Inc., and known to me to be an authorized agent of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the corporation. By Residing at Notary Public In and for the State of My commission expires CORPORATE ACKNOWLEDGMENT STATE OF ) SS COUNTY OF • On this day of , 20 , before me, the undersigned Notary Public, personally appeared Katherine Mohr, Chairman of Tigard Area Chamber of Commerce, Inc., and known to me to be an authorized agent of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath slated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the corporation. By Residing at Notary Public In and for the State of My commission expires • ATTN: Gary Pagenstecher RE: Symposium Coffee Downtown Tigard Design Review Proposed Address: 12345 SW Main Street, Tigard, OR 97223 Included in this letter is our statement of our proposed changes to the above stated location. The changes will include a detailed response to the criterion listed in 18.610. This letter will also include a description of how the changes are in compliance to the applicable requirements of Title 18 of the Tigard Development Code. Summary of Proposed Changes: Our changes include the widening of the front door from a standard commercial 3 foot opening to a standard commercial 6 foot opening. Also, included the included plans will be the addition of a south side facing overhead door and a north side facing overhead door. We will also be changing only the glass on the east side (Main street facing) from tinted slatted windows to plan clear glass. This does not require an entire window change but only the glass insert. For landscaping, we are including front and side graveled seated area. Trim will be painted and a sign placed on the East side. Response to 18.610 Criterion (1) Addition, elimination, or change in location of windows that does not decrease the minimum required window coverage; The proposed change is only a glass change and not a frame change. (2) Addition, elimination, or change in location of entry doors and loading doors; Entry door will be changed from a 3' opening to a 6' opening. The material will change from steel construction to a wood construction and steel frame (3) Addition of new and change to existing awnings, canopies, and other mounted structures to an existing facade; This is not proposed in our changes (4) For commercial and mixed use developments, modification of up to 15% on -site landscaping with no reduction in required landscaping. Modification refers to changing the hardscape elements and the location of required landscape areas and/or trees; The front landscaping will change from a planted dirt to a wood and gravel mixed seating area. (5) Modification of off - street parking with no reduction in required parking spaces or increase in paved area; This does not apply (6) Addition of new fences, retaining walls, or both; This does not apply (7) Changing of existing grade; This does not apply (8) An increase in the height of the building(s) less than 20 %; This does not apply (9) A change in the type and location of access ways and parking areas where off -site traffic would not be affected; This does not apply (10) An increase in the floor area proposed for a nonresidential use by less than 10% or under 5,000 square feet; This does not apply (11) A reduction in the area reserved for common open space and/or usable open space which does not reduce the open space area below the minimum required by this code or reduces the open space area by less than 10 %. This does not apply Compliance with Title 18 of the Tigard Development Code The additional standards of Title 18 as listed in 18.610.035 will remain intact and are still satisfied. The access of the building will remain ADA compliant and the design standards of egress and flow will remain compliant. Landscaping will change, yet will only change within the current landscaping and will not increase or decrease in area size. Waste and recyclable storage will increase, and will follow design standards and meet health code standards of Washington County Health. Parking will remain the same. There will be an increase in signage and will follow the code requirements for signage. There is no tree removal proposed at this time. Vision clearance will not change. Streets and utilities will remain the same. The proposed facade change will create a vibrant street -scape look and provide a cohesive architectural facade that continues the theme of downtown Tigard. The street corner will be integrated with the proposed downtown changes and have a strong identity that matches and continues the theme of the downtown reconstruction. The building quality and durability will not decrease with the proposed changes. The maximum signage will fall within the code. March 13, 2013 M' it . 6. .II 1 • to ELI_ ol - C 1 , : 4\ \. � ' �i -.,-,-,-..,,,, ERN,,t_-- __ s NI It ` �4.� _ �. r �w I 4. r w mow. .. ., ,,... . VIEW FROM EAST SYMPOSIUM COFFEEHOUSE EXISTING CONDITIONS dean ARCHITECTURE INC d March 13, 2013 • Install new double doors at front entry, painted with accent color 1, • Replace all existing windows in east portion . ' of building with new, expand top window i downward $ , ,, 'I • New overhead door at south and north sides • New paint at trim, fascias and brackets. Bracket i , paint color to match door. t ` k 1 I • Provide temporary gravel at existing planter t 'L� t areas in front; relocate existing pump alarm � ' ` .' R • New "vapor proof" style sconce lighting t �' y t • • New post- mounted sign near main entry . ili ILI - ., , Z i -1 IM • .L, �`.,�, i s I t` - �, t I _ _' 1 1 "-- la ri I .— - 6 1,-.. rImisfts ' - --... .......... WI ,,,,,i biA ►ai d:. "mss r. ... .. -.. VI - •OM SYMPOSIUM COFFEEHOUSE PROPOSED IMPROVEMENTS deca ARCHITECTURE INC d March 13, 2013 • Existing wood columns a. Existing painted trim \ woo= I = =1■1•02■ I F New header at overhead door opening T Existing siding . 0 sip a i .r. I II I P -2 at existing brackets Illii Existing windows 1 �11®� r ®� I =a New freestanding sign by owner /, . I;II%II%l I - /. /. . . I / III II / I I— — New white vinyl wi . . II \\ i P -1 at new and existing trim and soffits SOUTH ELEVATION New aluminum and glass overhead door, white finish, new trim New gravel surface at patio areas, relocate existing sump access and warning light FINISH SCHEDULE P -1 at new and existing trim and soffits CODE DESCRIPTION P -1 New and existing trim as shown New white vinyl windows, expand Color: TBD existing window opening downward as P -2 Accent at entry and front door shown, n t rim as needed Color TBD - • - - - - -- - -- -- Existing lighting II II New header at overhead door opening II II - - _- - - -' �'` P -1 at soffit — - -- s ,N — P -2 at existing brackets SCALE: 1/8" . 1' -0" = ' ' 8 - - ........... . — New sconce lighting, see options. o 4' 8' 16' - -- -- I — Verify lighting spec w/ owner WEST ELEVATION New solid core wood doors with SYMPOSIUM COFFEEHOUSE ELEVATIONS glass, painted to match P-2, new x� ` trim flee& ARCHITECTURE INC New freestanding sign by owner March 13, 2013 P_ 1 at existing trim end soffits New white vinyl windows - - - - - -- - - - - - -- New header at overhead door opening P -2 at existing brackets — — — — — Existin painted trim - �.� [ — Existing siding New freestanding sign by owner et II � u _ _ - - -- _ _ New aluminum and glass overhead door, white finish, new trim NORTH ELEVATION FINISH SCHEDULE CODE DESCRIPTION 1P - New and existing trim as shown Color, MD P4 Accent at entry and frcrt door Co or. TBD WALL 1/e " .1'� 0 4' e' 14' WEST ELEVATION SYMPOSIUM COFFEEHOUSE ELEVATIONS deca ARCHITECTURE INC